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HomeMy WebLinkAboutMINUTES - 11172020 -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, 1025 ESCOBAR STREET MARTINEZ, CALIFORNIA 94553-1229 CANDACE ANDERSEN, CHAIR, 2ND DISTRICT DIANE BURGIS, VICE CHAIR, 3RD DISTRICT JOHN GIOIA, 1ST DISTRICT KAREN MITCHOFF , 4TH DISTRICT FEDERAL D. GLOVER, 5TH DISTRICT DAVID J. TWA, CLERK OF THE BOARD AND COUNTY ADMINISTRATOR, (925) 655-2075 To slow the spread of COVID-19, the Health Officer’s Shelter Order of September 14, 2020, prevents public gatherings (Health Officer Order). In lieu of a public gathering, the Board of Supervisors meeting will be accessible via television and live-streaming to all members of the public as permitted by the Governor’s Executive Order N29-20. Board meetings are televised live on Comcast Cable 27, ATT/U-Verse Channel 99, and WAVE Channel 32, and can be seen live online at www.contracosta.ca.gov. PERSONS WHO WISH TO ADDRESS THE BOARD DURING PUBLIC COMMENT OR WITH RESPECT TO AN ITEM THAT IS ON THE AGENDA MAY CALL IN DURING THE MEETING BY DIALING 888-251-2949 FOLLOWED BY THE ACCESS CODE 1672589#. To indicate you wish to speak on an agenda item, please push "#2" on your phone. All telephone callers will be limited to two (2) minutes apiece. The Board Chair may reduce the amount of time allotted per telephone caller at the beginning of each item or public comment period depending on the number of calls and the business of the day. Your patience is appreciated. A lunch break or closed session may be called at the discretion of the Board Chair. Staff reports related to open session items on the agenda are also accessible on line at www.contracosta.ca.gov. ANNOTATED AGENDA & MINUTES November 17, 2020            9:00 A.M. Convene and announce adjournment to closed session in Room 168. Closed Session A. CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code § 54957.6) 1. Agency Negotiators: David Twa and Stacey Cue. 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. 3. Agency Negotiators: Candace Andersen and David Twa. Unrepresented Employee: County Administrator B. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Gov. Code § 54956.9(d)(1)) Neal Bassett v. Contra Costa County, WCAB No. ADJ111059501. 2. CCC Fire Protection District v. Public Employment Relations Board, California Court of Appeal, First Appellate District, Division Two, Case No. A156897 C. THREAT TO PUBLIC SERVICES OR FACILITIES Consultation with: Contra Costa County Sheriff D. PUBLIC EMPLOYEE APPOINTMENT Title: County Administrator 9:30 A.M. Call to order and opening ceremonies. Inspirational Thought- "Unexpected kindness is the most powerful, least costly, and most underrated agent of human change." ~Bob Kerrey, former Governor, Nebraska Present: John Gioia, District I Supervisor; Candace Andersen, District II Supervisor; Diane Burgis, District III Supervisor; Karen Mitchoff, District IV Supervisor; Federal D. Glover, District V Supervisor Staff Present:David Twa, County Administrator CONSIDER CONSENT ITEMS (Items listed as C.1 through C.64 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.   DISCUSSION ITEMS   D.1 CONSIDER update on COVID 19; and PROVIDE direction to staff. Health Department - Anna Roth, Director and Dr. Farnitano, Health Officer1.       AYE: District I 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.2 PRESENTATION on changes in the District Attorney's strategies and policies. (Diana Becton, District Attorney)       AYE: District I 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.3 CONSIDER accepting the 2020 Other Post Employment Benefits Valuation Report as of January 1, 2020 and GASB 74/75 disclosures as of June 30, 2020. (Lisa Driscoll, County Finance 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 D.4 CONSIDER approving a substantial amendment to the County’s 2019-2020 Community Development Block Grant Annual Action Plan to allocate $4,292,960 in CDBG-CV3 (coronavirus) funds to an emergency rental assistance program and to tenant/landlord counseling and related legal services and to related services; and authorizing the Conservation and Development Director, or designee, to execute agreements with Shelter, Inc., and ECHO Housing. (Gabriel Lemus, Conservation and Development Department)       Speakers: Luis Chacon, West Contra Costa; Attorney from De La Rasa; Patricia Aguilar, ACCE; Virginia Ramsey, Contra Costa; Richmond resident; Name Unknown; John Eckstrom, Shelter Inc.; Edith, ACCE; Christy, East Bay Coalition for a Stable Economy; Melvin Willis, ACCE, Richmond City Councimember; Name Not Given; Roh Vasquez; Don Gilmore, Executive Director of Community Housing development Corporation; Name Unknown; Hector, Ensuring Opportunity Campaign; ADOPTED recommendations with an understanding that to provide flexibility into the $600,00 allocated to Tenant/Landlord Counseling and related Legal Services (2b), which include marketing and outreach, that if the planned $40,000 outreach is insufficient it may be expanded up to $80,000 for that purpose, the funds to come from rebalancing of that fund.   D.5 CONSIDER adopting Ordinance No. 2020-28, an urgency interim ordinance imposing a temporary moratorium on industrial hemp cultivation. (Matt Slattengren, Ag Commissioner/Weights & Measures Director)       Speakers: Susan Cisneros,Contra Costa; Jason Coorian, Contra Costa; John Cisneros, Contra Costa;    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D.6 CONSIDER whether to adopt an urgency ordinance continuing a temporary prohibition on certain evictions of small-business commercial tenants in Contra Costa County impacted by the COVID-19 pandemic, and related matters. (Mary Ann Mason, Chief Assistant County Counsel)       Speakers: Michelle, Oakley; Buisiness Owner, Lafayette.    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D. 7 CONSIDER Consent Items previously removed.    C.13 The Board congratulation Ms. Pierce and thanked her for many years of valuable service. The resolution was subsequently adopted.   D. 8 PUBLIC COMMENT (2 Minutes/Speaker)    There were no requests to speak at public comment.   D. 9 CONSIDER reports of Board members.    There were no items reported today.   Closed Session    By unanimous vote, with all five Supervisors present, the Board of Supervisors decided to seek Supreme Court review of the decision of the County appeal in the case listed on the closed session agenda as CCC FPD v. PERB.   ADJOURN in memory of Enrico “Rico” Cinquini Oakley resident    Adjourned today's meeting at 2:55 p.m.   CONSENT ITEMS   Road and Transportation   C. 1 RESCIND Traffic Resolution 1986/3156, and ADOPT Traffic Resolution No. 2020/4498 to establish speed limits on Camino Tassajara (Road No. 4721C), as recommended by the Public Works Director, Danville/San Ramon 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. 2 APPROVE the Carquinez Scenic Drive Embankment Erosion and Guardrail Repair Project and take related actions under the California Environmental Quality Act, and AUTHORIZE the Public Works Director, or designee, to advertise the Project, Crockett area. (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 the Contra Costa County Routine Maintenance Program and take related actions under the California Environmental Quality Act, as recommended by the Public Works Director, 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 Engineering Services   C. 4 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Ruggeri-Jensen-Azar in an amount not to exceed $250,000 to provide on-call land development engineering services for the period December 1, 2020 to November 30, 2023, Countywide. (100% Developer 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. 5 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with MNS Engineers, Inc., in an amount not to exceed $250,000 to provide on-call land development engineering services for the period December 1, 2020 to November 30, 2023, Countywide. (100% Developer 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. 6 ADOPT Resolution No. 2020/290 accepting completion of the warranty period for the Subdivision Agreement and release of cash deposit for faithful performance, for subdivision SD08-09247, for a project developed by Shapell Homes, a Division of Shapell Industries, Inc., as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (100% Developer 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. 7 ADOPT Resolution No. 2020/293 accepting completion of the warranty period and release of cash deposit for faithful performance, for road acceptance RA12-01250, for a project developed by Shapell Industries, Inc., as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (100% Developer 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 Claims, Collections & Litigation   C. 8 RECEIVE report concerning the final settlement of Mary McCaslin-Curry vs. Contra Costa County; and AUTHORIZE payment from the Workers' Compensation Internal Service Fund in an amount not to exceed $425,000, as recommended by the Director of Risk Management. (100% Workers' Compensation Internal Service Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 9 DENY claims filed by Dalen I. Marsh, Kathryn Stabulis, and Perry Williams, et al.      AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Statutory Actions   C. 10 APPROVE Board meeting minutes for January and February 2020, as on file with the Office of the Clerk of    C. 10 APPROVE Board meeting minutes for January and February 2020, as on file with the Office of the Clerk of the Board.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 11 ACCEPT Board members meeting reports for October 2020.      AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Honors & Proclamations   C. 12 ADOPT Resolution No. 2020/295 honoring Leslie Stewart, Contra Costa County Hazardous Materials Commissioner on the occasion of her retirement, as recommended by Supervisor Mitchoff.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 13 ADOPT Resolution No. 2020/310 honoring Julie Pierce for her 33 years of public service on the occasion of her retirement, as recommended by Supervisor Mitchoff.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Appointments & Resignations   C. 14 APPOINT Sarah Gurdian to the Environmental Justice seat, Heather Youngs to the Environmental Justice Alternate seat, Don Bristol to the Business 3 seat, Marj Leeds to the Business 3 Alternate seat, Stephen Linsley to the Environmental Organizations 3 seat, and Lisa Park to the Environmental Organizations 3 Alternate seat on the Hazardous Materials Commission, as recommended by the Internal Operations Committee.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 15 REAPPOINT Dean E. Barbieri to the Member of the Bar seat on the Public Law Library Board of Trustees, as recommended by the Internal Operations Committee.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 16 REAPPOINT Neil Tsutsui to the Board of Supervisors Appointee seat on the East Bay Regional Parks District Park Advisory Committee, as recommended by the Internal Operations Committee.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 17 REAPPOINT Chris Cowen to the At Large 2 seat and Darryl Young to the At Large 3 seat on the Mosquito & Vector Control District Board of Trustees, as recommended by the Internal Operations Committee.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 18 REAPPOINT Lorena Castillo of Martinez to the Director 1 seat, Renee Fernandez-Lipp of Pittsburg to the Director 3 seat, and Igor Skaredoff of Martinez to the Director 4 seat on the Contra Costa Resource Conservation District Board of Directors, as recommended by the Internal Operations Committee.         AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 19 APPOINT Nicole Kozicki to the At Large 3 seat, Catherine Rogers to the At Large 4 seat, and Felipe Solis to the At Large Alternate seat on the Fish & Wildlife Committee, as recommended by the Internal Operations Committee.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 20 APPOINT Marielle Boortz to Hazardous Materials Commission League of Women Voters Seat and appoint Madeline Kronenberg to Hazardous Materials Commission League of Women Voters Seat Alternate for terms expiring on December 31, 2024.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 21 APPOINT Larry Fernandes to the Alternate to the Member of Board of Supervisors Representative seat on the Treasury Oversight Committee, 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 Personnel Actions   C. 22 ADOPT Position Adjustment Resolution No. 25644 to add one Personnel Technician (unrepresented) position in the Administrative Services Bureau and cancel one Teacher-Project (represented) position in the Community Services Bureau in the Employment & Human Services Department. (58% Federal, 36% State, 6% 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. 23 ADOPT Position Adjustment Resolution No. 25643 to add one Information Systems Programmer Analyst IV (represented) position and cancel one Social Service Information Systems Analyst (represented) position in the Employment and Human Services Department (EHSD), Administrative Services Bureau.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 24 ADOPT Position Adjustment Resolution No. 25646 to cancel one Assistant Director-Project (unrepresented) position and add one Administrative Services Assistant III (represented) position in the Employment and Human Services, Community Services Bureau. (50% Federal and 50% 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 Leases   C. 25 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute relocation claims and authorize relocation payments in connection with the County's acquisition of the former Motel 6 located at 2101 Loveridge Road, Pittsburg for the Homekey Program, as recommended by the Public Works Director. (100% State Homekey and Homeless Emergency Aid Program)       AYE: District I Supervisor 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 Acting as the governing bodies of Contra Costa County and the Crockett-Carquinez Fire Protection District,   C. 26 Acting as the governing bodies of Contra Costa County and the Crockett-Carquinez Fire Protection District, APPROVE and AUTHORIZE the execution of a purchase order with Rosenbauer America, LLC, a third-party lease-purchase agreement between the County and Key Government Finance, Inc., and a lease agreement between the County and Crockett-Carquinez Fire Protection District, in connection with the lease-purchase of a Rosenbauer 75-foot fire truck over a five-year term commencing on or about November 16, 2020, for an amount not to exceed $1,038,272, as recommended by the Purchasing Agent. (100% Crocket-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 Grants & Contracts   APPROVE and AUTHORIZE execution of agreements between the County and the following agencies for receipt of fund and/or services:   C. 27 APPROVE the allocation of 2020 Housing Opportunities for Persons with HIV/AIDS (HOPWA) Program CARES Act funds from the U.S. Department of Housing and Urban Development, and APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a contract with the City of Oakland for the County to administer $131,685 in 2020 HOPWA Program CARES Act funds to provide housing and supportive services for low-income persons with HIV/AIDS in response to the public health order related to the COVID-19 pandemic, for the period April 1, 2020 through June 30, 2021. (100% Federal 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  AYE: District I Supervisor 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 ADOPT Resolution 2020/299 authorizing the Sheriff-Coroner, or designee, to apply for and accept the 2020 Paul Coverdell Forensic Services Improvement Grant, with the Governor's Office of Emergency Services, as fiscal agent, in an initial amount of $55,046 for support of forensic training for the period beginning January 1, 2021 through the end of the grant period. (100% Federal, No County Match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 29 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Rainbow Community Center of Contra Costa County, to pay County an amount not to exceed $125,925 for transitional housing and case management support services for homeless transition-age youth in Contra Costa County for the period October 1, 2020 through September 30, 2021. (No County match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 30 APPROVE the allocation of 2020 Housing Opportunities for Persons with HIV/AIDS (HOPWA) funding from the U.S. Department of Housing and Urban Development, and APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a contract with the City of Oakland for the County to administer $904,875 in fiscal year 2020 HOPWA funds to provide housing and supportive services for low-income persons with HIV/AIDS, for the period July 1, 2020 through June 30, 2022. (100% Federal 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 APPROVE and AUTHORIZE execution of agreement between the County and the following parties as noted for the purchase of equipment and/or services:   C. 31 APPROVE and AUTHORIZE Employment and Human Services Director, or designee, to execute a contract    C. 31 APPROVE and AUTHORIZE Employment and Human Services Director, or designee, to execute a contract amendment with Uplift Family Services, to decrease the payment limit by $56,000 to a new payment limit of $504,001 to provide family preservation support services, with no change to term ending June 30, 2021. (70% State; 30% 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. 32 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Vanir Construction Management, Inc., in an amount not to exceed $3,999,879 for construction management services for demolition of the existing County Administration Building and redevelopment of the 651 Pine Street site, for the period of November 17, 2020 through November 17, 2023, Martinez area. (100% General Fund Capital Reserves)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 33 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with The Watershed Project in an amount not to exceed $522,500 to provide professional stormwater quality services for a variety of National Pollutant Discharge Elimination System Permit requirements, for the period of November 17, 2020 through October 31, 2023, Countywide. (100% Stormwater Utility Assessment 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. 34 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Applied Remedial Services, Inc., in an amount not to exceed $547,056 to provide removal and disposal of hazardous waste materials, audit reporting and staff education services at Contra Costa Regional Medical Center and Health Centers for the period January 1, 2021 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. 35 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Cross Country Staffing, Inc., to increase the payment limit of $2,000,000 to a new contract payment limit of $4,700,000 to provide additional crisis medical staffing services at Contra Costa Regional Medical Center and Health Centers, with no change in the original term of July 1, 2020 through June 30, 2021. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 36 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Vasanta Venkat Giri, M.D., in an amount not to exceed $240,000 to provide telepsychiatry services to children for the period January 1, 2021 through December 31, 2021. (50% Federal Medi-Cal and 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. 37 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with CLEANSTREET, to increase the payment limit by $250,000 to a new payment limit of $1,250,000 to provide routine street sweeping services for curbed streets in unincorporated Contra Costa County, and to extend the termination date from December 31, 2020 to December 31, 2021, 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. 38 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Steven Cloutier (dba Alhambra Valley Counseling Associates), to provide additional outpatient psychotherapy services for Medi-Cal members with no change in the payment limit of $350,000 or term ending February 28, 2021. (100% Contra Costa Health Plan Enterprise Fund II)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 39 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Wayfinder Family Services, to decrease the payment limit by $26,000 to a new payment limit of $419,000 to provide resource family pre-approval supportive services for foster youth, with no change to the term. (100% State 2011 Realignment Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 40 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Chabot-Las Positas Community College District, effective December 1, 2020 to decrease the payment limit by $75,000 to a new payment limit of $375,000 to provide foster care training services with no change to the term. (100% State 2011 Realignment Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 41 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of Health Services Department, a purchase order with Abbott Laboratories, in an amount not to exceed $800,000 for reagent testing products at Contra Costa Regional Center Public Health Laboratory for the period October 1, 2020 through September 30, 2022. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 42 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with California State University Fresno Foundation, a Non-Profit Corporation, to decrease the payment limit by $25,000 to a new payment limit of $725,000 to provide Title IV-E training, with no change to the term. (75% Federal IV-E; 17% State 2011 Realignment; and 8% General Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 43 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a purchase order amendment with Stryker Sales Corporation, to extend the term from August 31, 2020 to August 31, 2021 for the purchase of endoscopic supplies and products for the Contra Costa Regional Medical Center's Operating Room with no change in the original payment limit of $1,000,000. (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. 44 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a novation contract with Counseling Options & Parent Education, Inc., in an amount not to exceed $253,238 to provide Triple-P parent education classes and practitioner trainings for the period July 1, 2020 through June 30, 2021, including a six-month automatic extension through December 31, 2021 in an amount not to exceed $126,619. (100% Mental Health Services Act)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 45 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Portia Bell Hume Behavioral Health and Training Center, to increase the payment limit by $350,000 to a new payment limit of $1,099,977, and to extend the termination date from September 30, 2021 to September 30, 2022 to provide additional homeless support services to County residents. (20% Federal Housing and Urban Development; 25% Public Defender’s HIP; 23% APS Home Safe; 32% California Emergency Solution Housing)       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. 46 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Full Court Press Communications Incorporated, to increase the payment limit by $750,000 to a new payment limit of $1,050,000, and extend the term end date from February 28, 2021 to December 31, 2021, for additional consulting, technical support and strategic planning for County’s Community Connect Program and COVID-19 response and communications. (100% Whole Person Care)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 47 APPROVE and AUTHORIZE the Conservation and Development (DCD) Director, or designee, to execute an order form and software license and maintenance agreement amendment with Accela, Inc., in an amount not to exceed $754,129 for the period October 1, 2020 through September 30, 2025, for application processing and permit issuance software and support for DCD and the Public Works Department (PWD). (DCD: 100% Land Development Fund; PWD: 100% various funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 48 Acting as the governing body of the Contra Costa County Housing Authority, AWARD and AUTHORIZE the Executive Director of the Housing Authority of Contra Costa County to execute a contract with CBRE, Inc., in the amount of $1,500,000, to provide commercial real estate services related to sale and acquisition of property for the headquarters of the Housing Choice Voucher (HCV) Program. (100% Sale Proceeds and HCV administrative 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. 49 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Wayfinder Family Services, to decrease the payment limit by $50,000 to a new payment limit of $381,051 to provide Kinship Support Services, with no change to the term.       AYE: District I Supervisor 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 Employment and Human Services Director, or designee, to execute a contract amendment with Catholic Charities of the Diocese of Oakland (dba Catholic Charities of East Bay), to decrease the payment limit by $68,000 to a new payment limit of $270,000 to provide Child Welfare Redesign Differential Response Path 2 Case Management services in East Contra Costa County, with no change to the term.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 51 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Uplift Family Services, to decrease the payment limit by $84,800 to a new payment limit of $339,200 to provide Child Welfare Redesign Differential Response Path 2 Case Management services in East Contra Costa County, with no change to the term.       AYE: District I Supervisor 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 execute a contract amendment with The West Contra Costa Youth Services Bureau, to decrease the payment limit by $66,972 to a new payment limit of $267,891 to provide Child Welfare Redesign Differential Response Path 2 Case Management services in West Contra Costa County, with no change to the term.       AYE: District I Supervisor 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 Employment and Human Services Director, or designee, to execute a contract amendment with Uplift Family Services, to decrease the payment limit by $100,000 to a new payment limit of $439,167 to provide Kinship Support Services to relative caregivers of relative’s children, with no change to the term.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 54 ADOPT Resolution No. 2020/305 to approve and authorize the Employment and Human Services Director, or designee, to execute a contract amendment with the California Department of Education to increase the payment limit in the amount of $377,489 to a new amount not to exceed $7,161,833 to provide California Work Opportunity and Responsibility to Kids (CalWORKS, Stage 2) childcare and development programs with no change to the term through June 30, 2021. (20% Federal, 80% 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 Other Actions   C. 55 APPROVE amended Conflict of Interest Code for the Reclamation District 799 (Hotchkiss Tract), 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. 56 APPROVE amendments to the List of Designated Positions of the Conflict of Interest Code of the Employment and Human Services Department, 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. 57 APPROVE amended list of designated positions for the Conflict of Interest Code for the Eastern Contra Costa Transit Authority ("Tri Delta Transit"), 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. 58 APPROVE and AUTHORIZE the Interim County Librarian, or designee, to close all branches of the County Library according to the holiday and training schedule outlined in the attached "2021 Library Closures" list. (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. 59 ACCEPT quarterly report of the Post Retirement Health Benefits Trust Agreement Advisory Body, as recommended by the Post Retirement Health Benefits Trust Agreement Advisory Body.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 60 ADOPT Resolution No.2020/303 to approve and authorize the Employment and Human Services Director, or designee, to enter into and sign the Economic Development Department Base Wage Data File Match Agreement No. 20-1006. (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. 61 APPROVE the Second Amended 2019/2020 North Richmond Waste and Recovery Mitigation Fee    C. 61 APPROVE the Second Amended 2019/2020 North Richmond Waste and Recovery Mitigation Fee Expenditure Plan and the Amended 2020/2021 North Richmond Waste and Recovery Mitigation Fee Expenditure Plan, as recommended by the North Richmond Waste and Recovery Mitigation Fee Joint Expenditure Planning Committee. (100% North Richmond Mitigation funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 62 ACCEPT the September 2020 Operations Update of the Employment and Human Services Department, Community Services Bureau as recommended by the Employment and Human Services Director.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 63 ADOPT Resolution No. 2020/297 authorizing the Conservation and Development Director, or designee, to apply for and execute a contract to accept State of California Emergency Solutions Grant-Coronavirus Round 2 funds in an amount not to exceed $5,000,000 for eligible activities to assist homeless individuals and families with services to regain permanent housing and to prevent, prepare for, and/or respond to the coronavirus and its impacts, as recommended by the Conservation and Development Director. (100% Federal 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. 64 APPROVE amended list of designated positions for the Conflict of Interest Code for the Contra Costa Mosquito & Vector Control District, 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   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 96 hours prior to that meeting are available for public inspection at 1025 Escobar Street, First Floor, 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, 1025 Escobar Street, First Floor, Martinez, CA 94553. 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) 655-2000. An assistive listening device is available from the Clerk, First Floor. 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) 655-2000, 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, 1025 Escobar Street, Martinez, California. Subscribe to receive to the weekly Board Agenda by calling the Office of the Clerk of the Board, (925) 655-2000 or using the County's on line subscription feature at the County’s Internet Web Page, where agendas and supporting information may also be viewed: 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 9:00 a.m. in Room 110, County Administration Building, 1025 Escobar Street, Martinez. The Finance Committee (Supervisors John Gioia and Karen Mitchoff) meets on the first Monday of the month at 9:00 a.m. in Room 110, County Administration Building, 1025 Escobar Street, Martinez. The Hiring Outreach Oversight Committee (Supervisors Federal D. Glover and John Gioia) meets quarterly on the first Monday of the month at 10:30 a.m.. in Room 110, County Administration Building, 1025 Escobar Street, Martinez. The Internal Operations Committee (Supervisors Candace Andersen and Diane Burgis) meets on the second Monday of the month at 10:30 a.m. in Room 110, County Administration Building, 1025 Escobar Street, Martinez. The Legislation Committee (Supervisors Karen Mitchoff and Diane Burgis) meets on the second Monday of the month at 1:00 p.m. in Room 110, County Administration Building, 1025 Street, Martinez. The Public Protection Committee (Supervisors Andersen and Federal D. Glover) meets on the fourth Monday of the month at 10:30 a.m. in Room 110, County Administration Building, 1025 Escobar 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 110, County Administration Building, 1025 Escobar 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 110, County Administration Building, 1025 Escobar Street, Martinez. Airports Committee TBD for 2021 See above Family & Human Services Committee November 23, 2020 9:00 a.m.See above Finance Committee TBD for 2021 See above Hiring Outreach Oversight Committee December 7, 2020 10:30 a.m.See above Internal Operations Committee December 14, 2020 Canceled 10:30 a.m.See above Legislation Committee December 14, 2020 Canceled December 3, 2020 Special Meeting 2:30 p.m.See above Public Protection Committee November 23, 2020 10:30 a.m.See above Sustainability Committee TBD for 2021 See above Transportation, Water & Infrastructure Committee December 14, 2020 9:00 a.m. See above AGENDA DEADLINE: Thursday, 12 noon, 12 days before the Tuesday Board meetings. Glossary of Acronyms, Abbreviations, and other Terms (in alphabetical order): Contra Costa County has a policy of making limited use of acronyms, abbreviations, and industry-specific language in its Board of Supervisors meetings and written materials. Following is a list of commonly used language that may appear in oral presentations and written materials associated with Board meetings: AB Assembly Bill ABAG Association of Bay Area Governments ACA Assembly Constitutional Amendment ADA Americans with Disabilities Act of 1990 AFSCME American Federation of State County and Municipal Employees AICP American Institute of Certified Planners AIDS Acquired Immunodeficiency Syndrome ALUC Airport Land Use Commission AOD Alcohol and Other Drugs ARRA American Recovery & Reinvestment Act of 2009 BAAQMD Bay Area Air Quality Management District BART Bay Area Rapid Transit District BayRICS Bay Area Regional Interoperable Communications System BCDC Bay Conservation & Development Commission BGO Better Government Ordinance BOS Board of Supervisors CALTRANS California Department of Transportation CalWIN California Works Information Network CalWORKS California Work Opportunity and Responsibility to Kids CAER Community Awareness Emergency Response CAO County Administrative Officer or Office CCCPFD (ConFire) Contra Costa County Fire Protection District CCHP Contra Costa Health Plan CCTA Contra Costa Transportation Authority CCRMC Contra Costa Regional Medical Center CCWD Contra Costa Water District CDBG Community Development Block Grant CFDA Catalog of Federal Domestic Assistance CEQA California Environmental Quality Act CIO Chief Information Officer COLA Cost of living adjustment ConFire (CCCFPD) Contra Costa County Fire Protection District CPA Certified Public Accountant CPI Consumer Price Index CSA County Service Area CSAC California State Association of Counties CTC California Transportation Commission dba doing business as DSRIP Delivery System Reform Incentive Program EBMUD East Bay Municipal Utility District ECCFPD East Contra Costa Fire Protection District EIR Environmental Impact Report EIS Environmental Impact Statement EMCC Emergency Medical Care Committee EMS Emergency Medical Services EPSDT Early State Periodic Screening, Diagnosis and Treatment Program (Mental Health) et al. et alii (and others) FAA Federal Aviation Administration FEMA Federal Emergency Management Agency F&HS Family and Human Services Committee First 5 First Five Children and Families Commission (Proposition 10) FTE Full Time Equivalent FY Fiscal Year GHAD Geologic Hazard Abatement District GIS Geographic Information System HCD (State Dept of) Housing & Community Development HHS (State Dept of ) Health and Human Services HIPAA Health Insurance Portability and Accountability Act HIV Human Immunodeficiency Syndrome HOV High Occupancy Vehicle HR Human Resources HUD United States Department of Housing and Urban Development IHSS In-Home Supportive Services Inc. Incorporated IOC Internal Operations Committee ISO Industrial Safety Ordinance JPA Joint (exercise of) Powers Authority or Agreement Lamorinda Lafayette-Moraga-Orinda Area LAFCo Local Agency Formation Commission LLC Limited Liability Company LLP Limited Liability Partnership Local 1 Public Employees Union Local 1 LVN Licensed Vocational Nurse MAC Municipal Advisory Council MBE Minority Business Enterprise M.D. Medical Doctor M.F.T. Marriage and Family Therapist MIS Management Information System MOE Maintenance of Effort MOU Memorandum of Understanding MTC Metropolitan Transportation Commission NACo National Association of Counties NEPA National Environmental Policy Act OB-GYN Obstetrics and Gynecology O.D. Doctor of Optometry OES-EOC Office of Emergency Services-Emergency Operations Center OPEB Other Post Employment Benefits OSHA Occupational Safety and Health Administration PARS Public Agencies Retirement Services PEPRA Public Employees Pension Reform Act Psy.D. Doctor of Psychology RDA Redevelopment Agency RFI Request For Information RFP Request For Proposal RFQ Request For Qualifications RN Registered Nurse SB Senate Bill SBE Small Business Enterprise SEIU Service Employees International Union SUASI Super Urban Area Security Initiative SWAT Southwest Area Transportation Committee TRANSPAC Transportation Partnership & Cooperation (Central) TRANSPLAN Transportation Planning Committee (East County) TRE or TTE Trustee TWIC Transportation, Water and Infrastructure Committee UASI Urban Area Security Initiative VA Department of Veterans Affairs vs. versus (against) WAN Wide Area Network WBE Women Business Enterprise WCCTAC West Contra Costa Transportation Advisory Committee RECOMMENDATION(S): CONSIDER update on COVID 19; and PROVIDE direction to staff. Health Department - Anna Roth, Director and Dr. Farnitano, Health Officer1. FISCAL IMPACT: Administrative reports with no specific fiscal impact. BACKGROUND: The Health Services Department has established a website dedicated to COVID-19, including daily updates. The site is located at: https://www.coronavirus.cchealth.org/ APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 , County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.1 To:Board of Supervisors From:David Twa, County Administrator Date:November 17, 2020 Contra Costa County Subject:Update on COVID-19 AGENDA ATTACHMENTS MINUTES ATTACHMENTS Covid-19 Update 11-17-2020 D.1 Covid 19 Update Dr. Roth: Contra Costa County has been returned to the most restrictive purple tier by the state. Also known as applying the emergency break in the Blueprint to a Safer Economy. Daily cases have increased by 70% nationwide since the beginning of November. 41 counties in California have been moved to purple. Over 244,000 people have died from the virus, which is over -- and over 10% of all the deaths were in California. One of the things that we know about COVID that when it starts spreading, it spreads really fast. Daily cases have doubled in California in the last ten days. In the state, more than a million people have tested positive and more than 18,000 people have died from the virus. Here in Contra Costa, our adjusted case rate as of yesterday was 9.2 cases per day per 100,000 people. That's double that it was when we were here last week. And so, in the past week, we have identified a thousand additional cases bringing our total to 21,458. When we were here on August 16th, we had 21 patients in the hospital. November 16th, we had 48 patients in the hospital. That was yesterday. Today we have 63 patients in the hospital. So, we're seeing a steep rise in cases as well as in hospitalizations in our county. And if we are doing the math, that is 15 overnight being hospitalized. So, what is the state's contact tracing telling us about why this is happening? We know that the state's tracing data is telling us that the most commonplace people are contracting this virus is in congregate living facilities. So, senior care facilities and other congregate settings. The second reason is unknown. Simply put it, people don't know where they are getting the virus. It is moving. It is so common now in our communities that people aren't really sure where they got it. The third most common identified cause now from the tracing is restaurants. And the fourth is family gatherings. Thanksgiving is next week. We know that this can be a really hard time of year for many and even without COVID. So, on top of that, now we are really thinking a lot about the behavioral health impacts of the isolation, the stress of the pandemic. Many of us may not be able to go see our loved ones and connect with our support systems in the bay we have in the -- way we have in the past. We will be posting several resources on our website and social media this week about different resources that we have available to people. And we strongly encourage anyone who needs support to reach out. Traditionally, this is a time to gather with our family and friends and consider asking -- what we're asking now is if you gather, keep it safe, keep it short and keep it stable. And what we mean by that is, have it outside, if you can. Hold it at three households or less with a maximum of 25 people. Keep it short. So, two hours or less. And I will add one more thing. If you plan to gather as a family, consider asking everyone to get tested 3-5 days before the event. Though that should not be seen as protection, you should still wear face coverings. It is an added layer of protection you will have when you come together. That is one piece. The other thing is face coverings. We can't stress this enough that face covering -- wearing face coverings at all times, especially when you are talking to others is really key. You can remove the coverings briefly to eat or drink, as long as you stay at least six feet away from everyone outside of your household. And how much does it really matter to wear face coverings? If 80% of the population wore masks, it would do more to reduce the spread of COVID than a very strict lockdown. And so, that's why you keep hearing us talking about wearing a face covering. Masking, masking. Cover your face. And even among family members, It's the best way to protect yourself and those you love. We hope that people can use the information on our website at CChealth.org to find ways to celebrate safely. And I won't have the opportunity to come back to the board before the Thanksgiving holiday. So, I wanted to conclude my remarks today with a message of gratitude. To the Board of Supervisors, I want to thank you for your leadership during this extremely trying year and trying circumstances. To the essential workers and front line workers across our community, I want to thank you for giving care and comfort, food and shelter and assistance in those in need. For meeting anxiety and fear with compassion and understanding, for providing sustainability in an ever-changing environment. And for always standing up for what you believe. To the members of our community, I want to thank you for your sacrifice, your understanding, your patience and your diligence in following the powerful Public Health guidelines that are being put out by our Health Officers as well as around the country. And those actions are protecting our community, protecting our health workers, protecting our front line and protecting those -- you and those you love. As we pause this week to reflect and give thanks, I want to give special thanks for those who won't be able to celebrate Thanksgiving this year. Their commitment will find them serving others. Your deeds, big and small, do not go unnoticed. To each and under every one of you, your deeds big and small do not go unnoticed. Making Contra Costa Health Service and all of our partners so vital. We know you have stepped up and continue to step up with courage and compassion. We see you, we hear you and we are truly grateful for you. Dr. Farnitano: As Director Roth mentioned, our test positivity rates have almost doubled from a low of 1.9% to now 3.6%. Last week we were alarmed by a steep rise of cases test positivity and especially hospitalizations. Several Bay Area counties including Contra Costa County took action to close indoor dining and institute several other purple tier restrictions. The state then took the action yesterday to implement the full purple tier restrictions to contra costa county, as well as most counties throughout state. These additional changes will go into effect today, this includes worship services, now must be held outdoors only. Schools that haven't already been in the process of reopening, now must not reopen, must continue distance learning for education; Movie theaters may only operate outdoor; Social gatherings that were already limited to three households, no more than 25 people, must be held outdoors and not -- are not permitted indoors. These steps are all really essential to help control this wave that is just getting started here in our county and throughout the state. We are getting a lot of questions about travel as we are approaching the holidays. The state has issued new travel guidance that recommends that all Californians stay home and avoid nonessential travel to other parts of the state, other states or other countries. And then, if you do travel out of state, the state recommends a 14-day period of quarantine for when you return. A lot of the same recommendations that we have for daily living apply and are even more essential when you travel. That includes wearing a face covering, maintaining your social distance from others, that you don't live with, and wash and sanitize your hands often. All of these actions are critical if you're going to weather the Covid wave that we're seeing already begin. At the current rate of rise, we will actually exceed our summer peak of Covid daily cases by Thanksgiving Day. That's next week. We've already climbed well past the halfway point between our low of hospital cases this fall and our summer peak of hospital cases of about 105 patients in the hospital. I'm thinking a lot this week about our nurses, and our other health care providers who are tired, they're exhausted, after dealing with this pandemic for months. And now they're looking at this in- coming wave with lots of worry and anxiety. Now, to bring up a more hopeful topic, there's a lot of encouraging news about Covid vaccines we've seen in the past couple of weeks. We're still continuing to learn about how safe and effective these vaccine candidates are. Yesterday, there was news about a vaccine made by the Moderna company that was over 90% effective in preventing Covid infection. It also appeared very effective in preventing severe Covid disease. Both this vaccine and the Pfizer vaccine that we had news reports about last week may have had enough effectiveness data and safety data within the next few weeks that they may be submitting their data to the fda for review and for consideration of an emergency use authorization. In the meantime, we've been working tirelessly to put together the infrastructure we need to move quickly when a vaccine or vaccines are approved for use. Our vaccine branch of our health department is working very closely with our state partners. We have been testing out and practicing different ways to bring flu vaccine to the community so that we can just these same pathways for a Covid vaccine or vaccines when it's ready. We've purchased a specialized freezer that would maintain a degree of 70° below zero. The Moderna vaccine also needs to be initially stored at these low temperatures, but can be stored refrigerator temperatures for the final 30 days before being administered. So this gives us more flexibility with this vaccine. We have both fixed and mobile refrigerator capacity on hand for an additional 83,000 doses of vaccine so that the centers for disease control and the department of public health at the state of California continue to develop a phased approach to dispensing new Covid vaccines. The first phase is a very tight focus on health care workers treating Covid-19 patients and health care workers are likely to be exposed to the disease. Phase 1b includes individuals in danger of disease or debt, and includes rolling out the vaccine to the general population. So we're going the to be working with a lot of communities partners including large health systems, pharmacies, community health centers and others to help bring the vaccine to the community as fast as we possibly can. It will be an all hands on deck broach. Finally i just want to conclude by saying we all need at this point giving what we're facing to hunker down, stay at home, wear our masks and avoid gatherings as much as we can in the face of these had rapidly rising Covid rates and hospitalizations that we can safely get through this dark Covid winter and get us to a glorious vaccine spring. RECOMMENDATION(S): PRESENTATION by District Attorney Diane Becton regarding changes to the strategies and policies of the District Attorney's Office. FISCAL IMPACT: No fiscal impact. Informational only. BACKGROUND: See attached PowerPoint. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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: District Attorney Office I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.2 To:Board of Supervisors From:Diana Becton, District Attorney Date:November 17, 2020 Contra Costa County Subject:Changes in District Attorney Prosecutions ATTACHMENTS District Attorney Presentation CONTRA COSTA COUNTY DISTRICT ATTORNEY’S OFFICE DIANA BECTON, DISTRICT ATTORNEY Department Overview Strategies Policies/ Training 1 DISTRICT ATTORNEY’S OFFICE Mission To seek justice and enhance public safety for all our residents. By fairly, ethically, aggressively and efficiently prosecuting those who violate the law, and by working to prevent crime. Seek Justice. Serve Justice. Do Justice. 2 2019 PERFORMANCE Statistics 1.15 Million residents 25 law enforcement agencies within 19 cities Filed over 3,700 felony cases Filed over 6,500 misdemeanor cases 3 DIVISIONS AND UNITS Function Superior Court Operations Special Operations Community Violence Reduction Homicide Family Violence Juvenile Victim/Witness Bureau of Investigations 4 2020-21 SPECIALTY UNITS AND PROGRAMS Specialty Units and Programs Conviction Integrity Unit Cold Case Unit Human Trafficking Unit 5 2020-21 REDUCING OUR FOOTPRINT Reducing Our Footprint Youth Restorative Justice Diversion Adult Diversion Neighborhood Community Courts Mental Health Diversion Vera Post Conviction Resentencing 6 COMMITTEES/PROJECTS/POLICIES/TRAINING COVID Response Code 4 America Hate Crimes Committee Prosecutor Academy Ban Choke Holds Immigration Training Implicit Bias Training Officer Involved Shooting 7 RECOMMENDATION(S): ACCEPT the 2020 Other Post Employment Benefits Valuation Report as of January 1, 2020 and GASB 74/75 disclosures as of June 30, 2020. FISCAL IMPACT: The attached 2020 Other Post Employment Benefit (OPEB) Valuation Report is required per Governmental Accounting Standards Board (GASB) Statements 74 and 75 to be completed, by a County the size of Contra Costa, every two years. The report presents a calculation of liability and has no specific fiscal impact on its own. The County’s actions to reduce the liability have had a significant positive impact on the County’s overall fiscal stability and ability to deliver services. As of June 30, 2020, the County’s fiduciary net position as a percentage of total other post employment benefit liability was 39.5%. The total liability for benefits was $865.3 million, and the actuarial value of assets was $341.4 million, resulting in a net OPEB liability of $523.9 million. BACKGROUND: In 2004, due to growing concern over the potential magnitude of government employer obligations for post-employment benefits, the Governmental Accounting Standards Board enacted Statement 45 (GASB 45). The main reason for the Statement was to establish uniform accrual accounting and reporting of these APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Robert Campbell, Auditor-Controller, Ann Elliott, Acting Director of Human Resources D.3 To:Board of Supervisors From:David Twa, County Administrator Date:November 17, 2020 Contra Costa County Subject:Other Post Employment Benefits (OPEB) - Actuarial Valuation as of January 1, 2020 and GASB 74 75 Disclosures as of June 30, 2020 BACKGROUND: (CONT'D) governmental liabilities much like under the Financial Accounting Standards Board (FASB) rules that already applied to the private sector for OPEBs (and GASB 25 and 27 statements that already applied to governmental pension liabilities). Accrual accounting was needed to report the cost of providing government services over the working lifetime of employees providing the services rather than just the "pay-as-you-go" (paygo) cost that was not realized until after those employees retired. Pursuant to GASB 45 requirements, Contra Costa County ordered its initial actuarial report in 2006. The 2006 report valued the County’s unfunded liability for retiree medical costs at $2.6 billion based upon a cash discount rate. This outstanding liability, if fully amortized over the following 30 years, would have necessitated an Annual Required Contribution (ARC) of $216 million. At that point in time, $216 million would have been six times the amount that the County was paying toward retiree health care costs on a paygo basis. In June, 2007, the County established a funding target of 100% of the potential liability for the retiree population. At that time, retirees accounted for approximately 40% of the liability population. That figure is now 44% and is expected to continue to grow. Partial pre-funding began in 2008 with an annual County allocation of $20 million. Although the County has made great strides towards reducing and funding the liability, the liability remains underfunded at 39.5%. Pursuant to County Ordinance No. 2014-04, the annual resources of $20 million will be increased by $47 million to $67 million in FY 2022/23 when the County retires its remaining Pension Obligation Bond. As is described in the previous reports and in the table below, the County has taken significant actions to address and to reduce its OPEB liability since the initial report of 2006. Interim valuation results have been presented to the Board of Supervisors, pursuant to California Government Code 7507, since the 2008 report. For comparison purposes, the table below compares bi-annual GASB 45 valuation results at fiscal year-end (FYE). In June 2015, the Governmental Accounting Standards Board (GASB) released new accounting standards for public sector postretirement benefit programs and the employers that sponsor them. GASB Statements 74 and 75 overhauled the standards for accounting and financial reporting for postemployment benefits other than pensions (OPEB). They replaced the current statements, GASB 43 and 45 and are intended to improve the decision-usefulness of information in employer and governmental nonemployer contributing entity financial reports and enhance its value for assess accountability and interperiod equity by requiring recognition of the entire OPEB liability in the county’s financial statements and a more comprehensive measure of OPEB expense. The new GASB statements require a liability for OPEB obligations, known as the net OPEB liability, to be recognized on the balance sheet of the plan and the participating employers. In addition, an OPEB expense is recognized in the income statement of the participating employers. In the last year the OPEB liability decreased significantly. The biggest reasons are: -Health Cost trends are lower – in part due to the permanent repeal of the Excise (Cadillac) tax in December 2019, and in part due to the elimination of a Health Insurer fee charged by the Federal government. -New demographic assumptions from the CCCERA pension valuation (i.e. retirement rates, mortality rates) have changed resulting in lower liability. -The assumed percentage of retiring employees who elect health coverage moved downward from 90% to 85%. -Increases in health costs were lower than expected. In addition, there were fewer covered dependent children of retirees. As we include a cost for dependent children, the lower child count is reflected in liability reduction due to lower health costs. -Demographic experience was favorable. Note demographic experience looks back to last valuation and compares the assumed change in liability from last valuation date to current valuation date to actual experience. This is different from the demographic assumption changes mentioned above which are forward looking and capture the change in liability due to changes in assumptions that affect future demographic patterns. Part of the large demographic experience gain is due to a number of retirees who opted out of health coverage, but kept dental coverage. This is known as a lapse in coverage. We do not assume retirees will drop coverage in the future (i.e. we assume current retirees will maintain their coverage for their lifetimes). -One change that increased liability was lowering our discount rate from 6.15% to 5.85% per year. As of June 30, 2020, the County’s position is as follows: Total OPEB Liability $865,362,000 Fiduciary Net Position $341,429,000 Net OPEB Liability $523,933,000 Active 9,115 Retirees and Survivors 7,039 Total Counts 16,154 Discount Rate 5.85% Summary Since 2006, the County has reduced its net OPEB liability by 80%. The County’s annual trust deposit of $20 million combined with the annual pay-go cost funded by the County ($57.1 million for FY 2019-2020) shows great progress, and meets the Actuarially Determined Contribution for pre-funding ($67.9 million). However, a 39.5% funded level does not yet meet the targeted level of 44%. The Board of Supervisors, through the County Administrator's Office will continue to work towards a financial balance between the provision of necessary services to the public and provision of competitive health care benefits for employees and retirees. These efforts will not only help to ensure the County’s overall fiscal stability and ability to deliver services, but will also increase the likelihood that health care benefits will be available to our employees and retirees in the future. None of these reductions could have been achieved without the support and cooperation of our employees. Continued negotiations toward Countywide health care cost containment strategies and the redirection of designated future resources remain key to reducing the OPEB liability. The Board of Supervisors continues to make significant progress toward a solution for one of the biggest fiscal challenges the County has faced to date. challenges the County has faced to date. The results contained in this report are our best estimate; however, variation from these or any other estimates of future retiree medical costs is possible. Actual future costs may vary from the estimates in this report. Detailed information on the Board’s actions, including all of the County’s OPEB reports, is available on the County’s web-site at www.cccounty.us/1318/Other-Post-Employment-Benefits . CONSEQUENCE OF NEGATIVE ACTION: The County will be out of compliance with Governmental Accounting Standards Board Statements 74 and 75. ATTACHMENTS Other Post Employment Benefit Actuarial Valuation as of January 1, 2020 and GASB 74 75 Disclosures as of June 30, 2020 Offices in Principal Cities Worldwide 2175 N. California Blvd., Suite 810 Walnut Creek, CA 94596 USA Tel +1 888 881 4015 Fax +1 888 884 0329 milliman.com October 1, 2020 Ms. Lisa Driscoll County Finance Director County Administrator’s Office 651 Pine Street, 10th Floor Martinez, CA 94553 Contra Costa County Other Post Employment Benefits Plan – Actuarial Valuation as of January 1, 2020 and GASB 74 / 75 Disclosures as of June 30, 2020 Dear Ms. Driscoll: I am pleased to enclose above titled report for the Contra Costa County (“County”). In this report, we have prepared certain disclosures required by GASB Statements No. 74 and 75 for the Contra Costa County’s OPEB Plan for the fiscal year ending June 30, 2020. If you have any questions or would like to review the report, please call me at (415) 394-3740. Sincerely, John R. Botsford, FSA, MAAA enc. Milliman Client Report Contra Costa County Other Post Employment Benefits Plan Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 Prepared by: John R. Botsford FSA, MAAA Milliman, Inc. 2175 N. California Blvd., Suite 810 Walnut Creek, California 94596 Tel 888 881 4015 Fax 888 884 0329 milliman.com October 1, 2020 Offices in Principal Cities Worldwide 2175 N. California Blvd., Suite 810 Walnut Creek, CA 94596 USA Tel +1 888 881 4015 Fax +1 888 884 0329 milliman.com October 1, 2020 Contra Costa County 651 Pine Street Martinez, CA 94553 Contra Costa County Other Post Employment Benefits Plan Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 At the request of the Contra Costa County, we have prepared an actuarial valuation for the County’s Other Post Employment Benefits Plan as of January 1, 2020, and GASB 74 / 75 disclosures for the fiscal year ending June 30, 2020, to comply with Statements No. 74 and 75 of the Governmental Accounting Standards Board (GASB). In preparing this report, we relied, without audit, on information supplied by the Contra Costa County’s staff. This information includes but is not limited to employee census data, financial information and plan provisions. While Milliman has not audited the financial and census data, they have been reviewed for reasonableness and are, in our opinion, sufficient and reliable for the purposes of our calculations. If any of this information as summarized in this report is inaccurate or incomplete, the results shown could be materially affected and this report may need to be revised. All costs, liabilities, rates of interest, and other factors for the County have been determined on the basis of actuarial assumptions and methods which are individually reasonable (taking into account the experience of the County and reasonable expectations); and which, in combination, offer our best estimate of anticipated experience affecting the County. Further, in our opinion, each actuarial assumption used is reasonably related to the experience of the Plan and to reasonable expectations which, in combination, represent our best estimate of anticipated experience for the County. This valuation report is only an estimate of the Plan’s financial condition as of a single date. It can neither predict the Plan’s future condition nor guarantee future financial soundness. Actuarial valuations do not affect the ultimate cost of Plan benefits, only the timing of County’s contributions. While the valuation is based on an array of individually reasonable assumptions, other assumption sets may also be reasonable and valuation results based on those assumptions would be different. No one set of assumptions is uniquely correct. Determining results using alternative assumptions is outside the scope of our engagement. Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: plan experience differing from that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions; increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period); and changes in plan provisions or applicable law. Due to the limited scope of our assignment, we did not perform an analysis of the potential range of future measurements. The County has the final decision regarding the appropriateness of the assumptions and actuarial cost methods. Contra Costa County Other Post Employment Benefits Plan Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 October 1, 2020 Page 2 Actuarial computations presented in this report under GASB Statements No. 74 and 75 are for purposes of assisting the County in fulfilling its financial accounting requirements. The computations prepared for this purpose may differ as disclosed in our report. The calculations in the enclosed report have been made on a basis consistent with our understanding of the County’s funding policy and goals. The calculations in this report have been made on a basis consistent with our understanding of the OPEB plan provisions described in Appendix A of this report, and of GASB Statements No. 74 and 75. Determinations for purposes other than meeting these requirements may be significantly different from the results contained in this report. Accordingly, additional determinations may be needed for other purposes. Milliman’s work is prepared solely for the internal business use of the Contra Costa County. To the extent that Milliman's work is not subject to disclosure under applicable public records laws, Milliman’s work may not be provided to third parties without Milliman's prior written consent. Milliman does not intend to benefit or create a legal duty to any third party recipient of its work product. Milliman’s consent to release its work product to any third party may be conditioned on the third party signing a Release, subject to the following exceptions: a) Contra Costa County may provide a copy of Milliman’s work, in its entirety, to County’s professional service advisors who are subject to a duty of confidentiality and who agree to not use Milliman’s work for any purpose other than to benefit the Contra Costa County. b) Contra Costa County may provide a copy of Milliman’s work, in its entirety, to other governmental entities, as required by law. No third party recipient of Milliman's work product should rely upon Milliman's work product. Such recipients should engage qualified professionals for advice appropriate to their own specific needs. The consultants who worked on this assignment are actuaries. Milliman’s advice is not intended to be a substitute for qualified legal or accounting counsel. The signing actuary is independent of the plan sponsor. We are not aware of any relationship that would impair the objectivity of our work. On the basis of the foregoing, we hereby certify that, to the best of our knowledge and belief, the report is complete and accurate and has been prepared in accordance with generally recognized and accepted actuarial principles and practices which are consistent with the applicable Actuarial Standards of Practice of the American Academy of Actuaries. The undersigned is a member of the American Academy of Actuaries and meets the Qualification Standards of the American Academy of Actuaries to render the actuarial opinion contained herein. Sincerely, John R. Botsford, FSA, MAAA Principal and Consulting Actuary Milliman Milliman Client Report Contra Costa County Other Post Employment Benefits Plan Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. TABLE OF CONTENTS Section Page I SUMMARY Introduction ....................................................................................................................... 1 Background ....................................................................................................................... 1 Key Results ....................................................................................................................... 1 Rationale for Significant Assumptions ............................................................................... 3 II GASB 74 EXHIBITS Exhibit 1. Net OPEB Liabilities .................................................................................... 5 Exhibit 2. Sensitivity of Net OPEB Liabilities ............................................................... 6 Exhibit 3. Changes in Net OPEB Liability .................................................................... 7 Exhibit 4. Money Weighted Investment Return .......................................................... 8 III GASB 75 EXHIBITS Exhibit 5. Calculation of OPEB Expense and Deferred Inflows/Outflows ................... 9 Exhibit 6. Schedule of Deferred Inflows and Outflows of Resources ........................ 10 Exhibit 7. Total OPEB Liability by Entities ................................................................ 11 IV APPENDICES Appendix A. Summary of Plan Benefits ......................................................................... 12 Appendix B. Actuarial Cost Method and Assumptions ................................................... 24 Appendix C. Summary of Participant Data ..................................................................... 31 Appendix D. Glossary of Key Terms .............................................................................. 32 Milliman Milliman Client Report SECTION I. SUMMARY Contra Costa County Other Post Employment Benefits Plan 1 Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Introduction Milliman, Inc. (Milliman) has been retained by Contra Costa County (the “County”) to provide an actuarial valuation of Other Post Employment Benefit Liabilities as of January 1, 2020, and disclosures required by GASB Statements No. 74 and 75 for the Contra Costa County OPEB Plan for the fiscal year ending June 30, 2020. GASB 74 applies to financial reporting for public OPEB plans. Even if the plan does not issue standalone financial statements, but rather is considered a trust fund of a government, it is subject to GASB 74. GASB 75 governs the specifics of accounting for public OPEB plan obligations for employers. GASB 75 requires a liability for OPEB obligations, known as the Net OPEB Liability, to be recognized on the balance sheets of employers. Changes in the Net OPEB Liability will be immediately recognized as OPEB Expense on the income statement or reported as deferred inflows/outflows of resources depending on the nature of the change. The results contained in this report represent our best estimates based on the assumptions used in the valuation. However, variation from these or any other estimates of future benefits is not only possible but probable. To the extent that actual experience differs from the anticipated experience, actual plan costs will vary as well. Background Currently, employees who retire directly from the County may receive certain retiree health benefits if they meet certain eligibility requirements. The County may contribute an amount toward the cost of retiree health benefits for some retirees consistent with the bargaining agreement between the County and various bargaining units. Appendix A provides a detailed summary of benefits. Key Results The following table summarizes key results. Exhibits 1 – 7 contain the information needed for the preparation of accounting disclosures under GASB 74 and 75. Fiscal Year Ending June 30, 2020 June 30, 2019 Net OPEB Liability Total OPEB Liability $ 865,362,000 $ 958,588,000 Fiduciary Net Position 341,429,000 308,514,000 Net OPEB Liability $ 523,933,000 $ 650,074,000 Fiduciary Net Position as % of Total OPEB Liability 39.5% 32.2% Annual OPEB Expense $ 39,666,000 $ 60,261,000 Deferred (Inflows)/Outflows of Resources (106,586,000) (18,807,000) Milliman Milliman Client Report SECTION I. SUMMARY Contra Costa County Other Post Employment Benefits Plan 2 Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Plan Changes since the Last Fiscal Year Ending June 30, 2019 DSA employees hired between January 2, 2007 and September 30, 2011, were previously subject to a 20 year graded vesting schedule that applied to the county subsidy for retiree health coverage. The vesting schedule was eliminated in July 2020. At the County’s request, we have reflected this change in our valuation. This change increased the Total OPEB Liability (TOL) by $400,000, and it is recognized immediately in the OPEB expense for the fiscal year ending June 30, 2020. Assumption Changes since the Fiscal Year Ending June 30, 2019 The discount rate, health cost trends, and demographic rates were changed since the last fiscal year ending June 30, 2019. The following table shows a summary of the impacts to the Total OPEB Liability (TOL) of these changes. Assumption Changes since FYE June 30, 2019 Changes in TOL Health cost trend updated (including repeal of excise tax) $ (26,770,000) Demographic rates updated to align with demographic assumptions used in the December 31, 2018, CCCERA Pension Actuarial Valuation Report (18,653,000) Assumed percentage of new retirees electing coverage updated (18,459,000) Discount rate changed from 6.15% to 5.85% 24,665,000 Total $ (39,217,000) Change in TOL since the Last Fiscal Year Ending June 30, 2019 Due to Plan Experience The following table shows a summary of the change in TOL due to plan experience that was different than assumed. Plan Experience Changes since FYE June 30, 2019 Changes in TOL Difference between actual and expected experience - health costs $ (40,773,000) Difference between actual and expected experience - demographic factors (39,874,000) Total $ (80,647,000) Exhibit 3 contains a reconciliation of the TOL from June 30, 2019, to June 30, 2020. Milliman Milliman Client Report SECTION I. SUMMARY Contra Costa County Other Post Employment Benefits Plan 3 Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Rationale for Significant Assumptions With any valuation of future benefits, assumptions of anticipated future events are required. If actual events differ from the assumptions made, the actual cost of the plan will vary as well. A complete list of actuarial assumptions is presented in Appendix B. Investment Rate of Return. We have assumed an investment rate of return of 5.85%, net of investment expenses. This is based on the investment policy set by the County for its OPEB trust where the County invests its assets in the Public Agency Retirement Services (PARS) Trust to fund its OPEB liabilities. The assumed investment rate of return for the prior valuation was 6.15%. Discount Rate. Under GASB 74 & 75, the discount rate should be the single rate that reflects the long- term rate of return on OPEB plan investments that are expected to be used to finance the payment of benefits. To the extent that OPEB plan assets are insufficient to finance all OPEB benefits, the discount rate should be based on 20-year tax-exempt AA or higher Municipal Bonds as of the Measurement Date. County’s OPEB Irrevocable Trust assets are invested in the Public Agency Retirement Services’ Highmark Diversified Portfolio. Based on the Trust’s asset allocation, we have assumed an expected average annual rate of return of 5.85%. See Appendix B for additional detail. The County’s current funding policy is to fund the pay-as-you-go costs for retirees, plus $20 million into the OPEB Trust each year until year 2022. Beginning in 2022 the County will continue to fund the pay-as-you-go costs for retirees, plus $73 million until the OPEB fund’s Fiduciary Net Position as a percentage of Total OPEB Liability reaches 60%. Thereafter, the County will contribute an amount each year to maintain the 60% funded status. GASB 74 and 75 require that a projection regarding future solvency of the OPEB plan be run each year. The projections assume that plan assets earn the assumed rate of return and there are no future changes in the plan provisions or actuarial methods and assumptions. We have run a solvency projection as prescribed in GASB 74 and 75 based on the County’s current funding policy, and the Fiduciary Net Position is always projected to be sufficient to cover benefit payments and administrative expenses. Therefore, we have used 5.85% as the discount rate. Health Cost Trend. We have assumed overall health costs of the medical benefits will increase according to the health cost inflation trend derived by using the “Getzen” model developed by the Society of Actuaries. The H.R. 1865 Further Consolidated Appropriations Act 2020 became law on December 20, 2019. This law repeals the Cadillac tax completely and removes the Health Insurer Fee permanently beginning in 2021. We updated the health cost trends with this law change and the latest economic factors. We also gave consideration to the potential impact of COVID-19 on plan costs. Given the substantial uncertainty regarding the impact of COVID-19 on plan costs, including whether the pandemic will increase or decrease costs during the term of our projections, we have chosen not to make an adjustment to health cost trends for COVID-19. Demographic Rates. The assumptions for turnover, retirement, disability, and mortality used in this valuation are the same as the assumptions used in the December 31, 2018, pension actuarial report from the Contra Costa County Employees’ Retirement Association (CCCERA). Milliman Milliman Client Report SECTION I. SUMMARY Contra Costa County Other Post Employment Benefits Plan 4 Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Retiree Coverage Upon Retirement We have assumed 85% of new retirees hired before the exclusion dates stated in Appendix A will elect medical and dental coverage at retirement. This assumption was lowered from 90% used in the prior actuarial valuation as of January 1, 2018 based on the most recent observed experience of the plan. A complete summary of the actuarial assumptions is presented in Appendix B. Milliman Milliman Client Report SECTION II. GASB 74 EXHIBITS Contra Costa County Other Post Employment Benefits Plan 5 Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Exhibit 1. Net OPEB Liabilities The Valuation Date is January 1, 2020. This is the date as of which the actuarial valuation is performed. The Measurement Date is June 30, 2020, which is also the GASB 74 and 75 Reporting Date, for the fiscal year ending June 30, 2020. The Total OPEB Liability is projected to June 30, 2020, using standard actuarial techniques as permitted by GASB 74 and 75. The Fiduciary Net Position is the market value of assets as of the fiscal year ending June 30, 2020. For the Fiscal Year Ending June 30, 2020 June 30, 2019 Total OPEB Liability $ 865,362,000 $ 958,588,000 Fiduciary Net Position 341,429,000 308,514,000 Net OPEB Liability $ 523,933,000 $ 650,074,000 Fiduciary Net Position as a % of Total OPEB Liability 39.5% 32.2% Valuation Date 01/01/2020 01/01/2018 Measurement date 06/30/2020 06/30/2019 GASB 74/75 Reporting date 06/30/2020 06/30/2019 Discount Rate 5.85% 6.15% Money Weighted Rate of Return 3.89% 6.40% Milliman Milliman Client Report SECTION II. GASB 74 EXHIBITS Contra Costa County Other Post Employment Benefits Plan 6 Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Exhibit 2. Sensitivity of Net OPEB Liabilities GASB 74 and 75 requires disclosure of the sensitivity of the Net OPEB Liability (NOL) to changes in the discount rate and health care cost trend rates. The liabilities shown below are based on a measurement date of June 30, 2020, and are applicable for the fiscal year ending June 30, 2020. Sensitivity of the Net OPEB Liability to changes in the discount rate The following table shows what the County’s Net OPEB Liability (NOL) would be if it were calculated using a discount rate that is 1 percentage point lower or 1 percentage point higher than the current discount rate. Sensitivity Analysis 1% Decrease in Discount Rate 4.85% Current Discount Rate 5.85% 1% Increase in Discount Rate 6.85% Net OPEB Liability as of June 30, 2020 $ 615,945,000 $ 523,933,000 $ 446,237,000 Sensitivity of the Net OPEB Liability to changes in the Healthcare Cost Trend Rates The following table shows what the County’s Net OPEB Liability (NOL) would be if it were calculated using a Healthcare cost trend that is 1 percentage point lower or 1 percentage point higher than the current Healthcare cost trend rates. Sensitivity Analysis 1% Decrease in Healthcare Costs Trend Rate Current Healthcare Costs Trend Rate 1% Increase in Healthcare Costs Trend Rate Net OPEB Liability as of June 30, 2020 $ 475,419,000 $ 523,933,000 $ 583,504,000 Milliman Milliman Client Report SECTION II. GASB 74 EXHIBITS Contra Costa County Other Post Employment Benefits Plan 7 Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Exhibit 3. Changes in Net OPEB Liability The following exhibit shows a reconciliation of the Net OPEB Liability from the measurement date June 30, 2019, to June 30, 2020, to be reported for the fiscal year ending June 30, 2020. Increase / (Decrease) Total OPEB Liability Plan Fiduciary Net Position Net OPEB Liability Balance as of June 30, 2019 $ 958,588,000 $ 308,514,000 $ 650,074,000 Service cost $ 27,340,000 $ 0 $ 27,340,000 Interest on the total OPEB liability 56,029,000 0 56,029,000 Changes of benefit terms 400,000 0 400,000 Differences between actual and expected experience with regard to economic or demographic factors (80,647,000) 0 (80,647,000) Changes of assumptions (39,217,000) 0 (39,217,000) Benefit payments 1 (57,131,000) (57,131,000) 0 Contributions from employer 0 78,028,000 2 (78,028,000) Net investment income 0 12,217,000 (12,217,000) Administrative expense 0 (199,000) 199,000 Other changes 0 0 0 Total changes $ (93,226,000) $ 32,915,000 $ (126,141,000) Balance as of June 30, 2020 $ 865,362,000 $ 341,429,000 $ 523,933,000 1. The benefit payment shown is equal to the annual pay-as-you-go cost of $47,832,000 reported by the County for the fiscal year ending June 30, 2020, increased by $9,299,000 to reflect the estimated implicit subsidy. 2. The County contributed $20.9 million to the trust fund in FY 2019-2020. The amount shown above includes both the contributions made to the trust and the pay-as-you-go benefit payment cost. Milliman Milliman Client Report SECTION II. GASB 74 EXHIBITS Contra Costa County Other Post Employment Benefits Plan 8 Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Exhibit 4. Money Weighted Investment Return GASB 74 requires the disclosure of the money-weighted rate of return on plan investments. The money-weighted rate of return considers the changing amounts actually invested during a period and weights the amount of OPEB Trust investments by the proportion of time they are available to earn a return during that period. External cash flows are determined on a monthly basis and are assumed to occur at the beginning of each month. The Net External Cash Flows shown below represent employer contribution to the Trust. There were no cash outflows from the Trust during fiscal year. The money- weighted rate of return is calculated net of investment expenses. Net External Cash Flows Periods Invested Period Weight Net External Cash Flows with Interest Beginning Balance – July 1, 2019 $ 308,514,000 12 1.00 $ 320,528,000 Monthly Net External Cash Flows: July 0 12 1.00 0 August 0 11 0.92 0 September (48,000) 10 0.83 (50,000) October 0 9 0.75 0 November 0 8 0.67 0 December 4,806,000 7 0.58 4,914,000 January 0 6 0.50 0 February 0 5 0.42 0 March 4,952,000 4 0.33 5,015,000 April 0 3 0.25 0 May 0 2 0.17 0 June 10,988,000 1 0.08 11,022,000 Ending Value – June 30, 2020 $ 329,212,000 $ 341,429,000 Year Ending June 30 Money Weighted Investment Return 2020 3.89% 2019 6.40% 2018 5.49% 2017 9.18% Milliman Contra Costa County Other Post Employment Benefits Plan 9 Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION III. GASB 75 EXHIBITS Exhibit 5. Calculation of OPEB Expense and Deferred Inflows/Outflows The following tables shows the development of the OPEB expense and deferred inflows/outflows of resources. For the Fiscal Year Ending OPEB Expense June 30, 2020 June 30, 2019 Service cost $ 27,340,000 $ 25,829,000 Interest on the total OPEB liability 56,029,000 57,203,000 Effect of plan changes 400,000 0 Administrative expense 199,000 0 Member contributions 0 0 Expected investment return, net of investment expenses (19,601,000) (17,224,000) Recognition of Deferred (Inflows)/Outflows of Resources Economic/demographic (gains) or losses (21,826,000) (7,945,000) Assumption changes or inputs (3,480,000) 3,270,000 Investment (gains) or losses 605,000 (872,000) Total Recognition (24,701,000) (5,547,000) OPEB expense $ 39,666,000 $ 60,261,000 Deferred (Inflows) / Outflows of Resources Deferred Inflows of Resources Deferred Outflows of Resources Differences between expected and actual experience $ (88,138,000) $ 0 Changes of assumptions (32,467,000) 8,796,000 Net difference between projected and actual earnings 0 5,223,000 Contributions made subsequent to measurement date 0 0 Total $ (120,605,000) $ 14,019,000 Amounts currently reported as deferred inflows of resources and outflows of resources related to OPEB will be recognized in OPEB expense as follows: Fiscal Year Ending June 30 Recognized Deferred (Inflows) and Outflows of Resources 2021 $ (24,701,000) 2022 (23,535,000) 2023 (22,486,000) 2024 (19,155,000) 2025 (16,709,000) Thereafter 0 Milliman Contra Costa County Other Post Employment Benefits Plan 10 Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION III. GASB 75 EXHIBITS Exhibit 6. Schedule of Deferred Inflows and Outflows of Resources Investment (gains)/losses are recognized in OPEB expense over a period of five years. Economic/demographic (gains)/losses and assumption changes or inputs are recognized over the average remaining service life for all active and inactive members. Since there is no expected future service for inactives, their remaining service is equal to zero for purposes of computing the average remaining service life. Date Established Original Amount Original Recognition Period Balance of Deferred (Inflows)/Outflows FYE 06/30/2020 Remaining Recognition Period FYE 2020 Amount Recognized in Expense FYE 06/30/2020 Investment (gains) or losses 06/30/2020 $ 7,384,000 5.00 $ 5,907,000 4.00 $ 1,477,000 06/30/2019 (530,000) 5.00 (318,000) 3.00 (106,000) 06/30/2018 1,996,000 5.00 799,000 2.00 399,000 06/30/2017 (5,825,000) 5.00 (1,165,000) 1.00 (1,165,000) Total $ 5,223,000 $ 605,000 Economic/demographic (gains) or losses 06/30/2020 $ (80,647,000) 5.81 $ (66,766,000) 4.81 $ (13,881,000) 06/30/2018 (45,206,000) 5.69 (21,372,000) 2.69 (7,945,000) Total $ (88,138,000) $ (21,826,000) Assumption changes 06/30/2020 $ (39,217,000) 5.81 $ (32,467,000) 4.81 $ (6,750,000) 06/30/2018 18,605,000 5.69 8,796,000 2.69 3,270,000 Total $ (23,671,000) $ (3,480,000) Grand Total $ (106,586,000) $ (24,701,000) Milliman Contra Costa County Other Post Employment Benefits Plan 11 Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION III. GASB 75 EXHIBITS Exhibit 7. Total OPEB Liabilities by Entity The following table shows a breakdown of the County’s GASB 75 Total OPEB Liability by each entity shown below. Entity As of June 30, 2020 As of June 30, 2019 Safety Non-Fire $ 242,546,000 $ 249,873,000 CCC Fire 101,776,000 113,073,000 Hospital 174,032,000 186,901,000 CCHP 8,803,000 10,073,000 Airport 1,661,000 1,765,000 CCC Retirement System (Retired before January 1, 2015) 1,569,000 1,630,000 All Other CCC Departments 334,975,000 395,273,000 Total $ 865,362,000 $ 958,588,000 Milliman Contra Costa County Other Post Employment Benefits Plan 12 Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Appendix A. Summary of Plan Benefits The following description of retiree health benefits is intended to be only a brief summary and is not complete information. Eligibility Currently, employees may receive retiree health benefits if they retire from the County, are receiving a pension from CCCERA, and meet certain eligibility requirements as follows: General employees - age 50 with 10 years of pension service or age 70 with a vested pension, or after 30 years of pension service with no age requirement. Safety employees - age 50 with 10 years of pension service or age 70 with a vested pension, or after 20 years of pension service with no age requirement. Employees hired after December 31, 2006 and represented by the following bargaining groups (AFSCME, California Nurses Association, Deputy District Attorneys’ Association, Public Defenders Association, IFPTE, Western Council of Engineers, SEIU, PEU, Probation Peace Officers Association, and Unrepresented) also must have 15 years of County service. Employees hired on or after October 1, 2005, and represented by the Physicians’ and Dentists’ Organization also must have 15 years of County service. Health Benefits Eligible retirees and their dependents are covered either under the Contra Costa Health Plans, Health Net plans, Kaiser plans, or health plans sponsored by CalPERS (PEMHCA). Coverage may be provided for a retiree and surviving spouse as long as retiree and surviving spouse monthly premium contributions are paid. The County may pay a subsidy toward eligible retirees’ monthly medical and dental premiums. This subsidy may vary by bargaining unit and date of hire as described in this appendix. Employees hired on or after dates described in the table below and represented by the following bargaining groups must pay the entire cost of premiums to maintain coverage. Bargaining Unit Name Hire Date on or after which eligible retirees must pay entire cost of premiums IFPTE, Unrepresented January 1, 2009 AFSCME, WCE, SEIU, PEU January 1, 2010 Deputy District Attorneys Association December 14, 2010 Probation Peace Officers Association of CCC January 1, 2011 CCC Public Defenders Association March 1, 2011 Physicians’ And Dentists’ Organization of CCC November 1, 2013 All surviving spouses must pay the entire cost of premiums to maintain coverage, with the exception of the following bargaining groups for whom the surviving spouse receives the same County subsidy as the retiree (covered by CalPERS health plans): Sheriffs (A8), Fire Chiefs (BD), Sworn Exec. Mgmt. (BS), Fire Management (HA), Deputy Sheriffs (V#, VH, VN), Fire Suppression and Prevention (4N), Fire District Safety Management (BF), and D.A. Investigators (XJ). Milliman Contra Costa County Other Post Employment Benefits Plan 13 Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Bargaining Units V#, VH, VN, F8, FW and Elected (Safety) Officials / Sworn Management Employees in (A8, B8, BS) Currently, for eligible retirees from the bargaining units listed in the table below, the County will contribute toward the cost of monthly premiums (medical and dental) an amount equal to the actual dollar monthly premium amount paid by the County as of November 30, 2013, at each coverage level, plus 50% of the actual premium increase for 2014 and all future years. Retirees who elected dental coverage without health coverage will pay one cent ($0.01) per month for 2013, plus 50% of the actual premium increase for 2014 and all future years. Bargaining Unit Code Bargaining Unit Name General / Safety F8 Unrep Classified & Exempt-Othr General FW Unrep Cl & Ex-Sworn Peace Offc Safety V# Sheriff's Sworn Mgmt Unit Safety VH Deputy Sheriff's Unit-Sworn Safety VN Deputy Sheriff's Unit-NonSworn General BS Sworn Management Employees Safety A8 Elected Officials (DSA) Safety B8 Elected Officials (DSA) Safety Bargaining Unit 4N - Fire Suppression and Prevention Health Premium Subsidy: For 2016 and each calendar year thereafter, the prior year’s District subsidy for each medical plan and rate tier will increase by 50% of the actual premium increase in the medical plan and rate tier in which the member is enrolled. Dental Premium Subsidy: For eligible retirees from bargaining unit 4N enrolled in both a medical and dental plan, the District will pay a subsidy equal to 50% of the cost of monthly dental premiums in 2016 and later. For retirees enrolled only in a dental plan, retirees are required to pay $0.01 per month for dental coverage. For 2016 and later, the required monthly contribution from retirees would increase each year by 50% of the dental premium increase. Milliman Contra Costa County Other Post Employment Benefits Plan 14 Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Bargaining Unit HA – Fire Management Currently, for eligible Fire Management retirees represented by United Chief Officers Association (UCOA) with bargaining unit code HA, the County will subsidize an amount equal to 80% of the CalPERS Kaiser Bay Area premium at each coverage level (employee only, employee + one, employee + two or more) for any region in which the retiree resides, but the County’s subsidy will not exceed the total premium of a lower cost plan. Health Premium Subsidy on or after December 1, 2016: For the plan year that begins on January 1, 2017 and each calendar year thereafter, the maximum monthly premium subsidy the District will pay for each health plan is equal to the actual dollar monthly premium subsidy that is paid by the District for that plan as of November 30, 2016. In addition, if there is an increase in the monthly premium charged by a health plan for 2017, the District and the employee will each pay fifty percent (50%) of that increase. For each plan year thereafter, and for each plan, the District and the employee will each pay fifty (50%) of the monthly premium increase above the 2016 plan premiums. Dental Subsidy for Retirees with Medical Coverage: For eligible retirees from bargaining unit HA enrolled in both a medical and dental plan, for the plan year that begins on January 1, 2016, the District will pay a monthly premium subsidy for each dental plan that is equal to the actual dollar monthly premium subsidy that is paid by the District as of November 30, 2015. In addition, if there is an increase in the monthly premium charged by a dental plan for 2016, the District and the employee will each pay fifty percent (50%) of that increase. For each plan year thereafter, the District and the employee will each pay fifty percent (50%) of the monthly premium increase above the 2015 plan premium. Dental Subsidy for Retirees without Medical Coverage: For eligible retirees from bargaining unit HA enrolled in a dental plan only without health coverage, beginning on January 1, 2016, the District will pay a monthly dental premium subsidy for each dental plan that is equal to the actual dollar monthly premium subsidy that is paid by the District for 2015. If there is an increase in the premium charged by a dental plan for 2016, the District and the employee will each pay fifty percent (50%) of the increase. For each plan year thereafter, the District and the employee will each pay fifty percent (50%) of the premium increase that is above the 2015 plan premium. Milliman Contra Costa County Other Post Employment Benefits Plan 15 Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Bargaining Unit XJ – D.A. Investigators Health Premium Subsidy: For the plan year that begins on January 1, 2015, the County will pay the following monthly medical premium subsidy: Coverage Monthly Premium Subsidy Employee/Retiree/Survivor Only $ 608.87 Employee/Retiree/Survivor & One Dependent 1,217.74 Employee/Retiree/Survivor & Two or more Dependents 1,583.07 In addition, if there is an increase in the monthly premium charged by a health plan for 2015 that exceeds the above stated amounts, the County and the retiree will each pay fifty percent (50%) of that increase. For 2016, the County premium subsidy varies by plan depending on the actual premium increase that occurred for each plan. For each calendar year thereafter, the County and the retiree will each pay fifty percent (50%) of any premium increase for each health plan. Dental Premium Subsidy: For the plan year that begins on January 1, 2015, the County will pay the following monthly dental premium subsidy (Delta Dental as the carrier): With Health Without Health Coverage PPO HMO PPO HMO Single $ 32.69 $ 22.30 $ 42.44 $ 28.91 Family 73.64 48.19 95.62 61.49 In addition, if there is an increase in the monthly premium charged by a health plan for 2015 that exceeds the above stated amounts, the County and the retiree will each pay fifty percent (50%) of that increase. For each calendar year thereafter, the County and the retiree will each pay fifty percent (50%) of any premium increase for each dental plan. Milliman Contra Costa County Other Post Employment Benefits Plan 16 Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Bargaining Units 1P (plus formerly 1R and 1X) – Physicians & Dentists Beginning on January 1, 2015, and for each calendar year thereafter, the County will pay a monthly dollar premium subsidy for each health and dental plan (County Premium Subsidy) as defined for each plan in the table below. The amount of the County subsidy that is paid for employees and eligible family members for these plans will thereafter be a set dollar amount and will not be a percentage of the premium charged by the health or dental plan. Retirees must pay for 100% of any premium increases after 2015. Note that not all coverage tier combinations are shown below, please refer to the actual County published rates for details. Health Plan Frozen Subsidy Amount Contra Costa Health Plan A Retiree on Basic Plan $ 600.51 Retiree & 1 or more dependents on Basic Plan 1,430.76 Retiree on Medicare COB Plan 279.22 Retiree & Spouse on Medicare COB Plan 558.44 Contra Costa Health Plan B Retiree on Basic Plan $ 611.34 Retiree & 1 or more dependents on Basic Plan 1,452.65 Retiree on Medicare COB Plan 287.59 Retiree & Spouse on Medicare COB Plan 575.18 Kaiser Permanente – Basic A and B, Teamsters 856 Plan Retiree on Basic Plan $ 614.78 Retiree & 1 or more dependents on Basic Plan 1,432.42 Retiree on Medicare Senior Advantage Plan * 295.00 Retiree & 1 dependent on Medicare Senior Advantage Plan * 796.70  Teamster 856 Trust Fund KP Plan does not offer Medicare coverage Kaiser Permanente – High Deductible Retiree on Basic Plan $ 560.89 Retiree & 1dependent on Basic Plan 1,121.79 Retiree & 2 or more dependents on Basic Plan 1,432.42 Health Net HMO – Basic and SmartCare Plans Retiree on Basic Plan $ 853.92 Retiree & 1 or more dependents on Basic Plan 2,094.74 Retiree on Medicare Seniority Plus Plan 514.27 Retiree & 1 dependent on Medicare Seniority Plus Plan 1,028.55 Health Net CA & Nat’l PPO – Basic Plan A Retiree on PPO $ 753.81 Retiree & 1 or more dependents on PPO Basic Plan 1,790.70 Retiree on PPO Medicare Plan with Medicare Part A & B 618.43 Retiree & 1 or more dependents on PPO Medicare Plan with Medicare Part A & B 1,236.73 Milliman Contra Costa County Other Post Employment Benefits Plan 17 Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Bargaining Units L3 / LT – Registered / Public Health Nurses Units Currently, for eligible retirees from bargaining units L3 and LT (LT if hired before January 1, 2010), the County subsidizes a percentage of monthly premiums that varies depending on the medical and dental plan elected. Retirees retired on or before 06/30/2012 and age 65 on or before 10/31/2012 also receive reimbursement of their Medicare Part B premiums as long as the total County subsidy does not exceed 100% of the medical plan premium. LT employees who were hired on or after January 1, 2010, must pay the entire cost of premiums to maintain coverage. Retirees receive the following County subsidy based on the medical plan elected: Medical Plan County Subsidy % (Medical) County Subsidy % (Dental) Contra Costa Health Plan A and B Without Dental 98% 0% With Delta Dental 98% 98% With PMI Delta Dental 98% 98% Kaiser, Health Net HMO Without Dental 80% 0% With Delta Dental 80% 78% With PMI Delta Dental 80% 78% Health Net PPO Without Dental 53%* 0% With Delta Dental 53%* 78% With PMI Delta Dental 53%* 78% Dental Only 0% All but $0.01 / month  Approximately 53% for 2020. Future increases are split evenly between the County and the retiree. Milliman Contra Costa County Other Post Employment Benefits Plan 18 Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES All other Bargaining Units - County Subsidy Frozen at the 2011 Level Currently, eligible retirees from the following bargaining units listed may receive County subsidies towards medical and dental premiums. The subsidies are frozen at the 2011 levels shown in the tables on the following pages. There are no future increases to these subsidy amounts except as defined on the following page for certain retirees who retired before January 1, 2016. Bargaining Unit Code Bargaining Unit Name General / Safety Bargaining Unit Code Bargaining Unit Name General / Safety 25 Social Services Unit General KL Engineering Technician Unit General 51 Professional Engineers Unit General KM Sheriff's Non-Sworn Mgmt Unit General 999 DEFAULT BARGAINING UNIT General KU Probation Supervisors Unit General 2I Service Line Supervisors Unit General KZ Social Svcs Staff Special Unit General 2R Superior Court Reporters-Ex General MA District Attorneys' Unit General 2S Safety Classifications General N2 Property Appraisers Unit General 3A Superior Court Clerical Unit General PK Probation Supervisors Unit Safety 3B Superior Court Barg Unit-Loc1 General PP Probation Unit of CCC Safety 3G Deputy Clerks Unit General Q3 Safety Health Services Unit General 3R General Clerical Unit General QA Agriculture & Animal Ctrl Unit General 8P Special Co Class Codes-Payroll General QB LVN/Aide Unit General A8 Elected Officials (Non-DSA) General QC Fam/Chld Svs Site Supv Unit General AJ Elected Superior Court Judges General QE Building Trades Unit General AM Elected Municipal Court Judges General QF Deputy Public Defender Unit/At General AS Elected Board of Supvs Members General QG Deputy Public Defender Unit-In General B1 Safety Unrep District Attorney General QH Family and Childrens Services General B2 Safety Unrep Probation Classes General QM Engineering Unit General B3 Safety Unrep Misc Classes General QS General Services & Mtce Unit General B8 Mgmt (Non-Safety) General QT Health Services Unit General BC Superior Court Exempt Mgmt Gen General QV Investigative Unit General BD Mgmt Classified & Ex Dept Head General QW Legal & Court Clerk Unit General BJ Sup Ct Judicial Ofcrs Ex-Mgmt General QX Library Unit General C8 Management Project-Other General QY Probation Unit General CH CS Head Start Mgmt-Project General TA LVN/Aide Unit General D8 Unrepresented Proj Class-Other General TB General Services & Mtce Unit General F2 Unrep Property Appraisers General TC Health Services Unit General FC Unrep Superior Ct Clerical Ex General VK Probation Supervisors Unit Safety FD Unrep Superior Ct Other Exempt General VP Probation Unit of CCC Safety FM Unrep Muni Ct Reporter-Exempt General Z1 Supervisory Project General FR Unrep Superior Ct Reptrs-Exemp General Z2 Non-Supervisory Project General JD CCC Defenders/Attorneys General ZA Supervisory Management General JF CCC Defenders/Investigators General ZB Non-Supervisory Management General K2 Property Appraisers Unit General ZL Supervisory Nurse General K5 Court Professional Svcs Unit General ZM Local 21 - Unit C General K6 Supervisory Clerical Unit General ZN Non-Supervisory Nurse General KK Income Maintence Program Unit General Milliman Contra Costa County Other Post Employment Benefits Plan 19 Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Health Insurance Premium Rates (non-PEMHCA) The following table shows monthly retiree health insurance premiums for the 2020 calendar year for coverage under various health plans sponsored by Contra Costa County, and the County’s subsidies. Note that not all coverage tier combinations are shown below, please refer to the actual County published rates for details. The County’s maximum frozen subsidies and subsidies in effect for 2020 are shown. Retirees who retired before January 1, 2016 and opted in on the RSG Settlement Class are labeled pre 2016 retirees below with a higher County subsidy. Effective January 1, 2021, for these retirees, the amount of the County monthly medical plan premium maximum subsidy will increase by $25 for the Medicare retiree only tier, the retiree plus one dependent on Medicare tier, and the retiree plus two or more dependents on Medicare tier. Medical Plan County’s Maximum Subsidy (Frozen) 2020 Premium Rate County’s Subsidy for 2020 Retiree’s Share for 2020 Contra Costa Health Plan A Retiree on Basic Plan $ 509.92 $ 892.18 $ 509.92 $ 382.26 Retiree & 1 dependent on Basic Plan 1,214.90 1,784.36 1,214.90 569.46 Retiree & 2 or more dependents on Basic Plan (pre 2016 ret) 1,364.90 2,676.54 1,364.90 1,311.64 Retiree & 2 or more dependents on Basic Plan (post 2015 ret) 1,214.90 2,676.54 1,214.90 1,461.64 Pre 2016 and Post 2015 Retirees Retiree on Medicare Coordination of Benefits (COB) Plan 420.27 442.80 420.27 22.53 Retiree & 1 dependent on Medicare COB Plan 840.54 885.61 840.54 45.07 Retiree & 2 dependents on Medicare COB Plan 840.54 1,328.41 840.54 487.87 Contra Costa Health Plan B Retiree on Basic Plan 528.50 989.00 528.50 460.50 Retiree & 1 dependent on Basic Plan 1,255.79 1,978.00 1,255.79 722.21 Retiree & 2 or more dependents on Basic Plan (pre 2016 ret) 1,405.79 2,967.00 1,405.79 1,561.21 Retiree & 2 or more dependents on Basic Plan (post 2015 ret) 1,255.79 2,967.00 1,255.79 1,711.21 Pre 2016 and Post 2015 Retirees Retiree on Medicare COB Plan 444.63 456.09 444.63 11.46 Retiree & dependent on Medicare COB Plan 889.26 912.18 889.26 22.92 Retiree & 2 dependents on Medicare COB Plan 889.26 1,368.26 889.26 479.00 Milliman Contra Costa County Other Post Employment Benefits Plan 20 Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Health Insurance Premium Rates (Non-PEMHCA continued) Medical Plan County’s Maximum Subsidy (Frozen) 2020 Premium Rate County’s Subsidy for 2020 Retiree’s Share for 2020 Kaiser Permanente – Basic Plan A Retiree on Basic Plan $ 478.91 $ 879.23 $ 478.91 $ 400.32 Retiree & 1 dependent on Basic Plan 1,115.84 1,758.46 1,115.84 642.62 Retiree & 2 or more dependents on Basic Plan (pre 2016 ret) 1,265.84 2,637.69 1,265.84 1,371.85 Retiree & 2 or more dependents on Basic Plan (post 2015 ret) 1,115.84 2,637.69 1,115.84 1,521.85 Pre 2016 and Post 2015 Retirees Retiree on Medicare COB Plan 263.94 386.21 263.94 122.27 Retiree & 1 dependent on Medicare COB Plan 712.79 1,042.60 712.79 329.81 Retiree & 2 dependents on Medicare COB Plan 1,161.65 1,042.60 1,042.59 0.01 Kaiser Permanente – Basic Plan B Retiree on Basic Plan 478.91 698.82 478.91 219.91 Retiree & 1 dependent on Basic Plan 1,115.84 1,397.64 1,115.84 281.80 Retiree & 2 or more dependents on Basic Plan (pre 2016 ret) 1,265.84 2,096.46 1,265.84 830.62 Retiree & 2 or more dependents on Basic Plan (post 2015 ret) 1,115.84 2,096.46 1,115.84 980.62 Pre 2016 and Post 2015 Retirees Retiree on Medicare COB Plan 263.94 292.77 263.94 28.83 Retiree & 1 dependent on Medicare COB Plan 712.79 790.08 712.79 77.29 Retiree & 2 dependents on Medicare COB Plan 1,161.65 790.08 790.07 0.01 Kaiser Permanente – High Deductible Retiree on Basic Plan 478.91 560.90 478.91 81.99 Retiree & 1 dependent on Basic Plan 1,115.84 1,121.80 1,115.84 5.96 Retiree & 2 or more dependents on Basic Plan (pre 2016 ret) 1,265.84 1,682.70 1,265.84 416.86 Retiree & 2 or more dependents on Basic Plan (post 2015 ret) 1,115.84 1,682.70 1,115.84 566.86 Teamsters 856 Trust Fund KP Health Plan Retiree on Basic Plan 478.91 690.80 478.91 211.89 Retiree & 1 dependent on Basic Plan 1,115.84 1,423.76 1,115.84 307.92 Retiree & 2 or more dependents on Basic Plan (pre 2016 ret) 1,265.84 2,043.36 1,265.84 777.52 Retiree & 2 or more dependents on Basic Plan (post 2015 ret) 1,115.84 2,043.36 1,115.84 927.52 Milliman Contra Costa County Other Post Employment Benefits Plan 21 Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Health Insurance Premium Rates (Non-PEMHCA continued) Medical Plan County’s Maximum Subsidy (Frozen) 2020 Premium Rate County’s Subsidy for 2020 Retiree’s Share for 2020 Health Net HMO – Plan A Retiree on Basic Plan 627.79 1,761.04 627.79 1,133.25 Retiree & 1 dependent on Basic Plan 1,540.02 3,522.08 1,540.02 1,982.06 Retiree & 2 or more dependents on Basic Plan (pre 2016 ret) 1,690.02 5,283.12 1,690.02 3,593.10 Retiree & 2 or more dependents on Basic Plan (post 2015 ret) 1,540.02 5,283.12 1,540.02 3,743.10 Pre 2016 and Post 2015 Retirees Retiree on Medicare Seniority Plus Plan 409.69 663.07 409.69 253.38 Retiree & 1 dependent on Medicare Seniority Plus Plan 819.38 1,326.14 819.38 506.76 Retiree & 2 dependents on Medicare Seniority Plus Plan 1,229.07 1,989.21 1,229.07 760.14 Health Net HMO – Plan B Retiree on Basic Plan 627.79 $1,224.60 627.79 596.81 Retiree & 1 dependent on Basic Plan 1,540.02 2,449.20 1,540.02 909.18 Retiree & 2 or more dependents on Basic Plan (pre 2016 ret) 1,690.02 3,673.80 1,690.02 1,983.78 Retiree & 2 or more dependents on Basic Plan (post 2015 ret) 1,540.02 $3,673.80 1,540.02 2,133.78 Pre 2016 and Post 2015 Retirees Retiree on Medicare Seniority Plus Plan 409.69 556.65 409.69 146.96 Retiree & 1 dependent on Medicare Seniority Plus Plan 819.38 1,113.30 819.38 293.92 Retiree & 2 dependents on Medicare Seniority Plus Plan 1,229.07 1,669.95 1,229.07 440.88 Health Net SmartCare HMO – Plan A Retiree on Basic Plan 627.79 1,322.48 627.79 694.69 Retiree & 1 dependent on Basic Plan 1,540.02 2,644.96 1,540.02 1,104.94 Retiree & 2 or more dependents on Basic Plan (pre 2016 ret) 1,690.02 3,967.44 1,690.02 2,277.42 Retiree & 2 or more dependents on Basic Plan (post 2015 ret) 1,540.02 3,967.44 1,540.02 2,427.42 Pre 2016 and Post 2015 Retirees Retiree on Medicare Seniority Plus Plan 467.13 891.07 467.13 423.94 Retiree & 1 dependent on Medicare Seniority Plus Plan 934.29 1,782.14 934.29 847.85 Retiree & 2 dependents on Medicare Seniority Plus Plan 934.29 2,673.21 934.29 1,738.92 Milliman Contra Costa County Other Post Employment Benefits Plan 22 Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Health Insurance Premium Rates (Non-PEMHCA continued). Medical Plan County’s Subsidy (Frozen) 2020 Premium Rate County’s Subsidy for 2020 Retiree’s Share for 2020 Health Net SmartCare HMO – Plan B Retiree on Basic Plan $ 627.79 $ 942.98 $ 627.79 $ 315.19 Retiree & 1 dependent on Basic Plan 1,540.02 1,885.96 1,540.02 345.94 Retiree & 2 or more dependents on Basic Plan (pre 2016 ret) 1,690.02 2,828.94 1,690.02 1,138.92 Retiree & 2 or more dependents on Basic Plan (post 2015 ret) 1,540.02 2,828.94 1,540.02 1,288.92 Pre 2016 and Post 2015 Retirees Retiree on Medicare Seniority Plus Plan 467.13 816.21 467.13 349.08 Retiree & 1 dependent on Medicare Seniority Plus Plan 934.29 1,632.42 934.29 698.13 Retiree & 2 dependents on Medicare Seniority Plus Plan 934.29 2,448.63 934.29 1,514.34 Health Net CA & Nat’l PPO – Basic Plan A Retiree on Basic Plan 604.60 2,691.46 604.60 2,086.86 Retiree & 1 dependent on Basic Plan 1,436.25 5,382.92 1,436.25 3,946.67 Retiree & 2 or more dependents on Basic Plan (pre 2016 ret) 1,586.25 8,074.38 1,586.25 6,488.13 Retiree & 2 or more dependents on Basic Plan (post 2015 ret) 1,436.25 8,074.38 1,436.25 6,638.13 Pre 2016 and Post 2015 Retirees Retiree on PPO Medicare Plan B 563.17 1,231.57 563.17 668.40 Retiree & 1 dependent on PPO Medicare Plan 1,126.24 2,463.14 1,126.24 1,336.90 Retiree & 2 dependents on PPO Medicare Plan 1,126.24 3,694.71 1,126.24 2,568.47 Milliman Contra Costa County Other Post Employment Benefits Plan 23 Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES PEMHCA Health Plan Premium Rates Eligible retirees from the bargaining units 4N, A8, B8, BD, BF, BS, F8, FW, HA, V#, VH, VN, and XJ can choose to enroll in health plans sponsored by CalPERS based on their region residency (Region 1 – Northern California, Region 2 – Southern California other than Los Angeles Region, Region 3 - Los Angeles, and Out of State of California). The following table shows the monthly Region 1 health insurance premiums for the 2020 calendar year: Monthly Premium Rates – Effective January 1, 2020 Single 2-Party Family Under 65 Over 65 Under 65 Over 65 Under 65 Over 65 Anthem HMO Select $ 868.98 $ 388.15 $ 1,737.96 $ 776.30 $ 2,259.35 $ 1,164.45 Anthem EPO Del Norte 861.18 n/a 1,722.36 n/a 2,239.07 n/a Anthem Traditional 1,184.84 388.15 2,369.68 776.30 3,080.58 1,164.45 Blue Shield Access+ 1,127.77 n/a 2,255.54 n/a 2,932.20 n/a Blue Shield Trio 833.00 n/a 1,666.00 n/a 2,165.80 n/a HealthNet SmartCare 1,000.52 n/a 2,001.04 n/a 2,601.35 n/a Kaiser Permanente 768.49 339.43 1,536.98 678.86 1,998.07 1,018.29 PERS Choice 861.18 351.39 1,722.36 702.78 2,239.07 1,054.17 PERS Select 520.29 351.39 1,040.58 702.78 1,352.75 1,054.17 PERSCare 1,133.14 384.78 2,266.28 769.56 2,946.16 1,154.34 United Healthcare 899.94 327.03 1,799.88 654.06 2,339.84 981.09 Western Health Advantage 731.96 n/a 1,463.92 n/a 1,903.10 n/a PORAC 774.00 513.00 1,699.00 1,022.00 2,199.00 1,635.00 Contra Costa Health Plan* 1,137.10 976.66 2,274.20 1,953.32 2,956.46 2,475.12 * Offered by the Contra Costa County Health Plan to Contra Costa County employees only. Not available through PEMHCA Dental Plan Premiums The following table shows monthly retiree dental insurance premiums for the 2020 calendar year. County subsidies vary based on retiree’s medical plan enrollment election and bargaining unit upon retirement. Plan Monthly Premiums Delta Dental Premier PPO - $1,800 Annual Maximum Retiree $ 46.52 Retiree + 1 and Retiree +2 or more 105.08 Delta Care (HMO) Retiree $ 29.06 Retiree + 1 and Retiree +2 or more 62.81 Milliman Contra Costa County Other Post Employment Benefits Plan 24 Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Appendix B. Actuarial Cost Method and Assumptions Actuarial Cost Method The actuarial cost method used for determining the benefit obligations is the individual Entry Age Normal Cost Method. Under the principles of this method, the actuarial present value of the projected benefits of each individual included in the valuation is allocated as a level percentage of expected salary for each year of employment between entry age (defined as age at hire) and assumed exit. The portion of this actuarial present value allocated to a valuation year is called the normal cost. The portion of this actuarial present value not provided for at a valuation date by the sum of (a) the actuarial value of the assets, and (b) the actuarial present value of future normal costs is called the Unfunded Actuarial Accrued Liability (UAAL). The Actuarial Value of Assets is equal to the market value of assets as of the measurement date. The actuarial assumptions are summarized below. Economic Assumptions Discount Rate (Liabilities) 5.85% General Inflation 2.75% We have used a discount rate of 5.85% in this valuation to reflect the County’s current policy of partially funding its OPEB liabilities. This rate is derived based on the fund’s investment policy, level of partial funding, and includes a 2.75% long-term inflation assumption. County OPEB Irrevocable Trust assets are invested in the Public Agency Retirement Services’ Highmark Portfolio. Based on the portfolio’s target allocation (shown below), the average return of Trust assets over the next 50 years is expected to be 5.83%. Asset Class Expected 1-Year Nominal Return Targeted Asset Allocation Cash 2.10% 1.0% U.S. Fixed Income 3.43% 43.0% Domestic Equity Large Cap 7.51% 19.0% Domestic Equity Mid Cap 8.17% 6.0% Domestic Equity Small Cap 9.28% 9.0% International Equity (Developed) 9.63% 10.0% Global Equity 8.66% 8.0% Real Estate (U.S. REITs) 8.22% 4.0% Expected Arithmetic Mean Annual Return (50 years) 6.23% Expected Geometric Mean Annual Return (50 years) 5.83% Milliman Contra Costa County Other Post Employment Benefits Plan 25 Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Assumed Salary Increases (Applied to Individual Entry Age Normal Cost Method) The assumed annual rates of compensation increases used for the EAN actuarial cost method are the same as the assumption used in the December 31, 2018 CCCERA Actuarial Valuation. Years of Service General Safety Less than 1 15.66% 16.69% 1 10.49% 11.52% 2 8.69% 9.20% 3 7.14% 8.17% 4 6.10% 6.10% 5 5.59% 5.33% 6 5.07% 5.07% 7 4.81% 4.81% 8 4.71% 4.71% 9 4.61% 4.61% 10 4.50% 4.55% 11 4.40% 4.50% 12 4.30% 4.45% 13 4.19% 4.40% 14 4.09% 4.35% 15 4.04% 4.30% 16 3.99% 4.30% 17 3.93% 4.30% 18 3.88% 4.30% 19 3.83% 4.30% 20+ 3.78% 4.30% Demographic Assumptions Below is a summary of the assumed rates for mortality, retirement, disability and withdrawal, which are consistent with assumptions used in the December 31, 2018 CCCERA Actuarial Valuation. Post-Retirement Mortality Healthy: For General Members: Pub-2010 General Healthy Retiree Amount-Weighted Above- Median Mortality Table (separate tables for males and females), projected generationally with the two-dimensional mortality improvement scale MP-2018. For Safety Members: Pub-2010 Safety Healthy Retiree Amount-Weighted Above- Median Mortality Table (separate tables for males and females) multiplied by 105% for males and 100% for females, projected generationally with the two-dimensional mortality improvement scale MP-2018. Milliman Contra Costa County Other Post Employment Benefits Plan 26 Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Disabled: For General Members: Pub-2010 Non-Safety Disabled Retiree Amount-Weighted Mortality Table (separate tables for males and females) multiplied by 105% for males and 100% for females, projected generationally with the two-dimensional mortality improvement scale MP-2018. For Safety Members: Pub-2010 Safety Disabled Retiree Amount-Weighted Mortality Table (separate tables for males and females) multiplied by 105% for males and 100% for females, projected generationally with the two-dimensional mortality improvement scale MP-2018. Beneficiaries: Pub-2010 Contingent Survivor Amount-Weighted Above-Median Mortality Table (separate tables for males and females) multiplied by 105% for males and females, projected generationally with the two-dimensional mortality improvement scale MP- 2018. Pre-Retirement Mortality For General Members: Pub-2010 General Employee Amount-Weighted Above-Median Mortality Table (separate tables for males and females), projected generationally with the two-dimensional mortality improvement scale MP-2018. For Safety Members: Pub-2010 Safety Employee Amount-Weighted Above-Median Mortality Table (separate tables for males and females), projected generationally with the two-dimensional mortality improvement scale MP-2018. Disability Age General Tier 3 / 5 PEPRA Safety (All Tiers) 20 0.01% 0.02% 25 0.02% 0.16% 30 0.03% 0.32% 35 0.05% 0.46% 40 0.08% 0.56% 45 0.11% 0.90% 50 0.13% 2.54% 55 0.16% 3.80% 60 0.22% 4.30% 65 0.25% 4.50% 70 0.25% 4.50% Milliman Contra Costa County Other Post Employment Benefits Plan 27 Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Retirement – We have applied the General Tier 3 (Enhanced) rates for all General employees and Safety Tier A (Enhanced) rates for all Safety employees since nearly all current employees are in these two pension tiers, with the exception of those who were hired after January 1, 2013 as the PEPRA tiers. Age General Tier 3 < 30 Yr General Tier 3 >= 30 yr General PEPRA Safety Tier A < 30 yr Safety Tier A >= 30 yr Safety PEPRA 45 0.00% 0.00% 0.00% 7.00% 8.75% 0.00% 46 0.00% 0.00% 0.00% 3.00% 3.75% 0.00% 47 0.00% 0.00% 0.00% 10.00% 12.50% 0.00% 48 0.00% 0.00% 0.00% 10.00% 12.50% 0.00% 49 0.00% 0.00% 0.00% 25.00% 31.25% 0.00% 50 4.00% 7.20% 0.00% 25.00% 31.25% 5.00% 51 3.00% 5.40% 0.00% 25.00% 31.25% 4.00% 52 3.00% 5.40% 2.00% 18.00% 22.50% 4.00% 53 4.00% 7.20% 3.00% 18.00% 22.50% 5.00% 54 6.00% 10.80% 3.00% 18.00% 22.50% 6.00% 55 8.00% 14.40% 5.00% 20.00% 30.00% 10.00% 56 8.00% 9.60% 5.00% 20.00% 30.00% 10.00% 57 9.00% 10.80% 6.00% 22.00% 33.00% 18.00% 58 10.00% 12.00% 6.00% 22.00% 33.00% 18.00% 59 12.00% 14.40% 8.00% 22.00% 33.00% 18.00% 60 13.00% 15.60% 8.00% 25.00% 37.50% 18.00% 61 18.00% 21.60% 12.00% 25.00% 37.50% 20.00% 62 22.00% 26.40% 18.00% 25.00% 37.50% 20.00% 63 22.00% 26.40% 18.00% 30.00% 45.00% 20.00% 64 25.00% 30.00% 20.00% 40.00% 60.00% 25.00% 65 32.00% 32.00% 25.00% 100.00% 100.00% 100.00% 66 32.00% 32.00% 25.00% 100.00% 100.00% 100.00% 67 30.00% 30.00% 25.00% 100.00% 100.00% 100.00% 68 30.00% 30.00% 25.00% 100.00% 100.00% 100.00% 69 30.00% 30.00% 25.00% 100.00% 100.00% 100.00% 70 – 74 35.00% 35.00% 40.00% 100.00% 100.00% 100.00% 75 100.00% 100.00% 100.00% 100.00% 100.00% 100.00% Milliman Contra Costa County Other Post Employment Benefits Plan 28 Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Withdrawal – Sample probabilities of terminating employment with the County are shown below for selected years of County service. Years of Service General Safety Less than 1 14.00% 12.50% 1 9.50% 10.00% 2 9.25% 8.25% 3 6.50% 5.75% 4 5.25% 5.00% 5 5.00% 4.25% 10 3.25% 2.25% 15 2.25% 1.70% 20 or more 1.25% 0.75% Coverage Election Assumptions Retiree Coverage – We have assumed 85% of new retirees hired before the exclusion date stated in Appendix A will elect medical and dental coverage at retirement. For employees hired after the exclusion date stated in Appendix A, we assumed 50% will elect to enroll in the health plans without any County subsidy. Spouse Coverage – We have assumed 50% of new General retirees and 60% of new Safety retirees electing coverage will elect spouse medical and dental coverage at retirement. Spouse Age – Female spouses are assumed to be three years younger than male spouses. Dependent Coverage – We have assumed 30% of retirees with no spouse coverage will elect coverage for a dependent child until age 65 and 50% of retirees with spouse coverage will elect coverage for a dependent child until age 65. Health Plan Election – We have assumed that new retirees will remain enrolled in the same plan they were enrolled in as actives. For actives who waived coverage, we have assumed that they will elect Kaiser plan coverage. For retirees enrolled in either the CalPERS Anthem or Blue Shield plans, we assumed they will transfer to the Kaiser Medicare Supplement plan upon reaching age 65, as the CalPERS health plan no longer offers Anthem or Blue Shield coverage for Medicare eligible retirees. Milliman Contra Costa County Other Post Employment Benefits Plan 29 Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Valuation of Retiree Premium Subsidy Due to Active Health Costs Currently, the County and California PERS (PEMHCA) health plans charge the same premiums for retirees who are not yet eligible for Medicare as for active employees. Therefore, the retiree premium rates are being subsidized by the inclusion of active lives in setting rates. (Premiums calculated only based on retiree health claims experience would have resulted in higher retiree premiums.) GASB 74/75 requires that the value of this subsidy be recognized as a liability in valuations of OPEB costs. To account for the fact that per member health costs vary depending on age (higher health costs at older ages), we calculated equivalent per member per month (PMPM) costs that vary by age based on the age distribution of covered members, and based on relative cost factors by age. The relative cost factors were developed from the Milliman Health Cost GuidelinesTM. Based on the carrier premium rates and relative age cost factors assumptions, we developed age adjusted monthly PMPM health costs for 2020 to be used in valuing the implicit rate subsidy. The following tables show the age adjusted expected claims costs per member per month (PMPM) for non-PEMHCA health plans. Age Adjusted Weighted Expected PMPM Claims Costs for CCHP Plans Retirees Spouses Age Male Female Male Female 50 $768 $958 $914 $1,103 55 1,005 1,126 1,150 1,270 60 1,286 1,317 1,431 1,462 64 1,596 1,488 1,742 1,633 Age Adjusted Weighted Expected PMPM Claims Costs for Kaiser Plans Retirees Spouses Age Male Female Male Female 50 $707 $882 $892 $1,066 55 924 1,036 1,109 1,220 60 1,183 1,212 1,368 1,396 64 1,469 1,369 1,654 1,554 Age Adjusted Weighted Expected PMPM Claims Costs for HealthNet Plans Retirees Spouses Age Male Female Male Female 50 $861 $1,074 $1,075 $1,287 55 1,126 1,262 1,340 1,474 60 1,442 1,477 1,655 1,689 64 1,789 1,668 2,003 1,881 Milliman Contra Costa County Other Post Employment Benefits Plan 30 Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES The following table shows the weighted average age adjusted expected monthly claims cost in PMPM for PEMHCA health plans. The Medical PMPM costs are developed from the total covered members in PEMHCA plans based on the enrollment information released by CalPERS for the entire Region 1 Age Adjusted Weighted Expected PMPM Claims Costs for PEMHCA Plans Retirees Spouses Age Male Female Male Female 50 $806 $999 $716 $872 55 992 1,092 900 1,008 60 1,225 1,241 1,129 1,160 64 1,508 1,395 1,395 1,305 Since retirees eligible for Medicare (age 65 and beyond) are enrolled in Medicare supplemental plans, the premiums for retirees with Medicare are determined without regard to active employee claims experience and no such subsidy exists for this group for medical cost. Medical Cost Inflation Assumption We assumed future increases to the health costs and premiums are based on the “Getzen” model published by the Society of Actuaries for purposes of evaluating long term medical trend. The H.R. 1865 Further Consolidated Appropriations Act 2020 became law on December 20, 2019. This law repeals the Cadillac tax completely and removes the Health Insurer Fee permanently beginning in 2021. We reflected this change in the health cost trends shown in the below table. Given the substantial uncertainty regarding the potential impact of COVID-19 on plan costs, including whether the pandemic will increase or decrease costs during the term of our projections, we have chosen not to make an adjustment in the health costs trends shown in the below table for the potential effect of COVID-19. The following table shows the assumed rate increases in future years for Medical premiums. The CPI used in developing the following health cost increases is 2.75%. Calendar County Plans Calendar County Plans Calendar PEMHCA Plans Calendar PEMHCA Plans Year Pre 65 Year Post 65 Year Pre 65 Year Post 65 2020 5.00% 2020 3.50% 2020 6.80%* 2020 -2.50%* 2021 6.00% 2021 5.25% 2021 – 2023 5.00% 2021 5.00% 2022 – 2035 5.00% 2022 – 2035 5.00% 2024 – 2048 5.25% 2022 – 2025 5.25% 2036 – 2051 5.25% 2036 – 2051 5.25% 2049 – 2065 5.00% 2026 – 2045 5.50% 2052 – 2065 5.00% 2052 – 2065 5.00% 2066 – 2068 4.75% 2046 – 2053 5.25% 2066 – 2068 4.75% 2066 – 2068 4.75% 2069 – 2072 4.50% 2054 – 2065 5.00% 2069 – 2072 4.50% 2069 – 2072 4.50% 2073+ 4.25% 2066 – 2068 4.75% 2073+ 4.25% 2073+ 4.25% 2069 – 2072 4.50% 2073+ 4.25% * This is the weighted average premium change from 2020 to 2021 calendar year under PEMHCA. Dental Cost We assumed Dental costs will increase 3.0% annually. Milliman Contra Costa County Other Post Employment Benefits Plan 31 Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Appendix C. Summary of Participant Data The following census of participants was used in the actuarial valuation and provided by Contra Costa County as of January 1, 2020. Active Employees Age General Safety Total Under 25 74 35 109 25 – 29 461 173 634 30 – 34 851 230 1,081 35 – 39 988 185 1,173 40 – 44 1,037 199 1,236 45 – 49 1,077 217 1,294 50 – 54 1,140 113 1,253 55 – 59 1,070 60 1,130 60 – 64 790 21 811 65 & Over 385 9 394 Total 7,873 1,242 9,115 Average Age on Valuation Date: 46.2 Average Service on Valuation Date: 10.1 Current Retirees Age General Safety Total Under 50 14 64 78 50 – 54 69 170 239 55 – 59 311 205 516 60 – 64 674 197 871 65 – 69 1,147 225 1,372 70 – 74 1,258 252 1,510 75 – 79 874 137 1,011 80 – 84 559 83 642 85 & Over 703 97 800 Total 5,609 1,430 7,039 Average Age on Valuation Date: 71.9 Milliman Contra Costa County Other Post Employment Benefits Plan 32 Actuarial Valuation as of January 1, 2020 and GASB 74 and 75 Disclosures as of June 30, 2020 This work product was prepared solely for the Contra Costa County for the purposes described herein and may not be appropriate to use for other purposes. Milliman does not intend to benefit and assumes no duty or liability to other parties who receive this work. Milliman Recommends that third parties be aided by their own actuary or other qualified professional when reviewing the Milliman work product. Milliman Client Report SECTION IV. APPENDICES Appendix D. Glossary of Key Terms Deferred Inflows/Outflows of Resources. Portion of changes in net OPEB liability that is not immediately recognized in OPEB Expense. These changes include differences between expected and actual experience, changes in assumptions, and differences between expected and actual earnings on plan investments. Discount Rate. Single rate of return that, when applied to all projected benefit payments, results in an actuarial present value of projected benefit payments equal to the sum of: 1) The actuarial present value of benefit payments projected to be made in future periods where the plan assets are projected to be sufficient to meet benefit payments, calculated using the Long-Term Expected Rate of Return. 2) The actuarial present value of projected benefit payments not included in (1), calculated using the Municipal Bond Rate. Long-Term Expected Rate of Return. Long-term expected rate of return on OPEB plan investments expected to be used to finance the payment of benefits, net of investment expenses. Money-Weighted Rate of Return. The internal rate of return on OPEB plan investments, net of investment expenses. Municipal Bond Rate. Yield or index rate for 20-year, tax-exempt general obligation municipal bonds with an average rating of AA/Aa or higher. Total OPEB Liability. The portion of actuarial present value of projected benefit payments that is attributable to past periods of member service using the Entry Age Normal cost method based on the requirements of GASB 74 and 75. Fiduciary Net Position. Equal to market value of assets. Net OPEB Liability. Total OPEB Liability minus the Plan's Fiduciary Net Position. Service Cost. The portion of the actuarial present value of projected benefit payments that is attributed to a valuation year. RECOMMENDATION(S): 1. CONSIDER staff recommendations for the allocation of Community Development Block Grant-Coronavirus 3 (CDBG-CV3) funds. 2. APPROVE a Substantial Amendment to the County's FY 2019/20 CDBG Annual Action Plan to allocate an additional $4,292,960 in CDBG-CV3 funds under the Coronavirus Aid, Relief, and Economic Security (CARES) Act of 2020, to the following: a. $3,200,000 to Shelter, Inc., for an emergency rental assistance program. b. $600,000 to ECHO Housing for tenant/landlord counseling and related legal services. c. $492,960 to the County’s Department and Conservation and Development for general program administration. 3. AUTHORIZE the DCD Director, or designee, to execute any necessary program certifications and applications required by the U.S. Department of Housing and Urban Development (HUD). 4. AUTHORIZE the DCD Director, or designee, to execute CDBG-CV3 program agreements with Shelter, Inc. and ECHO Housing in the amounts and for the services described in the Substantial Amendment. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: Gabriel Lemus, 925-674-7882 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: D.4 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:November 17, 2020 Contra Costa County Subject:Consider Community Development Block Grant-Coronavirus 3 Recommendations for Rental Assistance and Tenant/Landlord Counseling and Legal Services FISCAL IMPACT: There is no General Fund impact. All funds are provided to Contra Costa County on a formula basis through the U.S. Department of Housing and Urban Development. CATALOG OF FEDERAL DOMESTIC ASSISTANCE CDBG - 14.218 BACKGROUND: I. The CARES Act and Community Development Block Grant Program-Coronavirus 3 Funds (CDBG-CV3) On September 11, 2020, the U.S. Department of Housing and Urban Development (HUD) announced and allocated an additional $1.988 billion in CARES Act funding to eligible CDBG grantees. Contra Costa County, as a CDBG grantee, was awarded an additional $4,292,960 in CDBG-Coronavirus funds, known as CDBG-CV3. CDBG-CV3 funds may be used to prevent, prepare for, and/or respond to the COVID-19 epidemic and its impacts. HUD has targeted CDBG-CV3 funds towards jurisdictions with households facing higher risk of eviction and has indicated that these funds can be used to provide temporary financial assistance to meet rental obligations of low-income households that are struggling to meet their monthly rental obligations. The CDBG-CV3 funds may also be used to provide legal services in connection with tenant/landlord counseling services. On October 20, 2020, the Board of Supervisors (Board) approved providing CDBG-CV3 funds to the following activities in the following amounts. Rental Assistance Services: $3.2 million At least $2.56 million for actual rental/utility payments to landlords/utility providers on behalf of eligible tenant households; no more than $640,000 to support costs related to evaluating tenant applications for the service and for marketing/outreach. Tenant/Landlord Counseling and related Legal Services: $600,000 To fund tenant/landlord counseling and related legal services, including marketing/outreach, for eligible tenant households. General Program Administration: $492,960 For general program administration to support the planning, implementation, and management of the CDBG-CV Program funds. The Board also directed staff to solicit the current CDBG-funded service providers that provide rental assistance services and tenant/landlord counseling and legal services to ensure that the CDBG-CV3 funded services are implemented as soon as possible given that eviction protections are slated to end on January 31, 2021. The Board also directed that marketing/outreach for these services be subcontracted to other community-based organizations in certain areas of the County to reach specific populations and neighborhoods that are severely impacted with the economic and housing instability created by the COVID-19 crisis. The Board further directed staff to provide and present a report at the November 17, 2020 Board meeting with recommendations for entities to implement the CDBG-CV3-funded programs for emergency rental assistance and tenant/landlord counseling and related legal services. II. Recommendation for Emergency Rental Assistance Program: Shelter, Inc. County staff recommends allocating $3.2 million in CDBG-CV3 funds to Shelter, Inc. to provide an emergency rental assistance program for eligible tenant households impacted by COVID-19. Shelter, Inc. is the current CDBG-funded non-profit organization that provides rental assistance to eligible low-income households. Shelter, Inc. has provided this service with CDBG or Emergency Solutions Grant (ESG) funds since 2009, and recently launched a COVID-19-specific rental assistance program with CDBG-CV1 Program funds from the County, City of Antioch, City of Concord, City of Pittsburg, and City of Walnut Creek . Per the Board’s direction, County staff solicited Shelter, Inc. about expanding its current COVID-19-specific rental assistance program with the use of CDBG-CV3 funds. Based on input from the Board, staff recommends a program that is primarily intended to provide as many households as possible with emergency rental assistance necessary to prevent eviction. Under Assembly Bill 3088 (the COVID-19 Tenant Relief Act of 2020), a tenant cannot be evicted for unpaid rent during the period of March 1, 2020 through August 31, 2020. In addition, a tenant cannot be evicted for unpaid rent during the period of September 1, 2020 through January 31, 2021, if the tenant does both of the following: The tenant must provide a declaration of COVID-19-related financial distress to the landlord within 15 days after the landlord demands payment of rent. 1. By January 31, 2021, the tenant must pay an amount equal to at least 25 percent of all rental payments due during the period of September 1, 2020 through January 31, 2021. 2. The purpose of the emergency rental assistance program is to have Shelter, Inc. pay rental payments directly to landlords so that tenants are protected from eviction under AB 3088. Under the program, a tenant will apply to Shelter, Inc. for rental assistance. If the tenant qualifies for rental assistance, Shelter, Inc. will pay rent owed by the tenant directly to the landlord. The amount of rent paid by Shelter, Inc. will be enough so that the entire amount paid by Shelter, Inc. and the tenant to the landlord is equal to at least 25 percent of rent due for September through January. Once this amount is paid to the landlord, the tenant will be protected from eviction under AB 3088. Under the program, Shelter, Inc. will include an additional written notice to landlords that rental assistance payments provided under the program are intended to satisfy the AB 3088 requirement that a tenant pay at least 25 percent of rental payments due for September through January. Under the program, Shelter, Inc. would allocate $2.56 million as direct monetary assistance to pay rent (including rent in arrears) or utility payments on behalf of eligible tenant households, and $640,000 for costs related to evaluating tenant applications and for marketing/outreach. Shelter, Inc’s marketing/outreach budget is $40,000 and Shelter, Inc. would subcontract with other non-profit organizations to provide marketing/outreach in specific areas of the County. Shelter, Inc. has reached out to various organizations serving western, central, and eastern portions of the County. Of the various organizations, three (Richmond Community Foundation, Family Justice Center, and Opportunity Junction) have engaged in conversations with Shelter, Inc. about the possibility of subcontracting with Shelter, Inc. to assist with marketing/outreach for the program. . Specifically, the Emergency Rental Assistance Program implemented by Shelter, Inc. will include the following components: The tenant household is required to apply for the assistance.1. The tenant household must be very low/low/moderate-income (must not earn more than 80 percent of Area Median Income). The tenant must provide documentation of their income eligibility for review and verification by Shelter, Inc. 2. The tenant household must have been impacted by COVID-19. The tenant must3. provide documentation of the impact, which may be in the form of a declaration, for review and retention by Shelter, Inc. Examples of impacts include, but not limited to: Loss of job because of COVID-19-related work closures.a. Reduction of job hours because of COVID-19 or related public health orders.b. Missed work because of a need to stay home to care for children or an elderly, disabled, or sick family member because of COVID-19 or related school closures. c. Other circumstances related to the COVID-19 pandemic that have reduced the amount of money earned each month. d. Shelter, Inc. will provide rental assistance payments directly to the landlord on behalf of the tenant household. 4. The rental assistance provided on behalf of an eligible tenant household will be determined on a case-by-case basis in a manner that prioritizes providing as many households as possible with emergency rental assistance necessary to prevent eviction. Shelter, Inc. will provide rental assistance in an amount necessary to satisfy the AB 3088 requirement that a tenant pay 25 percent of all rental payments due during the period of September 1, 2020 through January 31, 2021. 5. With each rental assistance payment, Shelter, Inc. will provide written notice to the landlord that the payment is intended to satisfy the AB 3088 requirement that a tenant pay at least 25 percent of rental payments due for September through January. The notice will indicate what months the rental assistance is covering and what percentage of the rent the assistance is paying for (e.g., “25% of Sept. 2020 rent.”). Shelter, Inc. will provide a copy of the payment and the notice to the tenant. If a landlord refuses to accept the rental assistance payment, Shelter, Inc. will request the landlord provide the reason why they are refusing payment. In these cases, Shelter, Inc. will refer the tenant to the CDBG-CV3 funded tenant/landlord counseling and legal services provider. 6. The four CDBG entitlement cities in the County (Antioch, Concord, Pittsburg, and Walnut Creek) are also considering allocating a portion of their CDBG-CV3 funds to Shelter, Inc. to provide rental assistance to eligible tenant households in their cities. The County currently has an agreement with Shelter, Inc. for the implementation of an emergency rental assistance program using CDBG-CV1 funds. Staff recommends that the Board authorize an amendment to the current agreement with Shelter, Inc. to add the CDBG-CV3 funds and include the emergency rental assistance program elements described in this board order and the Substantial Agreement, and that all CDBG-CV funds be used consistent with those program elements going forward. If CDBG-CV funds remain following the cessation of tenant protections, additional funds are made available, or the tenant protections in AB 3088 are modified in a manner that necessitates revisions to the program, staff will bring the matter back before the Board. If tenant protections are extended, staff would direct Shelter, Inc. to modify the program to reflect the revised term of the protections. III. Recommendation for Tenant/Landlord Counseling and Legal Services: ECHO Housing County staff recommends allocating $600,000 in CDBG-CV3 funds to ECHO Housing (ECHO) to provide tenant/landlord counseling and related legal services to income-eligible tenant households impacted by COVID-19. ECHO is the current CDBG-funded non-profit organization that provides tenant/landlord counseling and related legal services in the County. ECHO has been providing tenant/landlord services in the County with CDBG funds for many years and expanded their services to include legal services in July the County with CDBG funds for many years and expanded their services to include legal services in July 2020. County staff solicited ECHO to provide additional tenant/landlord counseling and related legal services to eligible tenant households impacted by COVID-19 with the use of CDBG-CV3 funds. Given the short time frame to find and hire attorneys to provide legal services, ECHO proposes to subcontract with Centro Legal de la Raza (Centro Legal), a non-profit organization that provides legal services to low-income tenants, including undocumented immigrant households, to provide legal representation, legal counseling/advice, and clinics. ECHO proposes to use $540,000 for the Centro Legal subcontract. This amount would fund four to six attorneys and one to two paralegals to provide legal representation, legal counseling/advice, and legal clinics to low-income tenants impacted by COVID-19. ECHO proposes to use $60,000 to fund one additional paralegal or housing counselor at ECHO to perform a portion of the services. ECHO’s proposal also includes $3,000 for marketing/outreach to be conducted by both ECHO and Centro Legal (out of their $60,000 and $540,000 shares of the overall $600,000 allocation). Centro Legal and ECHO will work with other local non-profit social service providers, libraries, parent engagement programs in school districts, religious institutions, social services and community centers to create and disseminate educational materials. As part of the marketing/outreach plan, Centro Legal will provide six "Know Your Rights" presentations and/or renter education workshops. The four CDBG entitlement cities in the County are also considering allocating a portion of their CDBG-CV3 funds to ECHO for tenant/landlord counseling and related legal services, with a subcontract with Centro Legal. IV. Substantial Amendment to the County's FY 2019/20 CDBG Annual Action Plan In order to officially allocate the CDBG-CV3 funds, a Substantial Amendment to the County's FY 2019/20 CDBG Annual Action Plan detailing the allocation for emergency rental assistance, tenant/landlord counseling and related legal services, and general program administration must be submitted to HUD. CONSEQUENCE OF NEGATIVE ACTION: A negative action on the recommendations and Substantial Amendment would delay the distribution of the CDBG-CV3 funds to address impacts of COVID-19 to low-income households in the County. CHILDREN'S IMPACT STATEMENT: CDBG Program funds typically meet one or more of the following: (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. CLERK'S ADDENDUM Speakers: Luis Chacon, West Contra Costa; Attorney from De La Rasa; Patricia Aguilar, ACCE; Virginia Ramsey, Contra Costa; Richmond resident; Name Unknown; John Eckstrom, Shelter Inc.; Edith, ACCE; Christy, East Bay Coalition for a Stable Economy; Melvin Willis, ACCE, Richmond City Councimember; Name Not Given; Roh Vasquez; Don Gilmore, Executive Director of Community Housing development Corporation; Name Unknown; Hector, Ensuring Opportunity Campaign; ADOPTED recommendations with an understanding that to provide flexibility into the $600,00 allocated to Tenant/Landlord Counseling and related Legal Services (2b), which include marketing and outreach, that if the planned $40,000 outreach is insufficient it may be expanded up to $80,000 for that purpose, the funds to come from rebalancing of that fund. RECOMMENDATION(S): CONSIDER adopting Ordinance No. 2020-28, an urgency interim ordinance imposing a temporary moratorium on industrial hemp cultivation. FISCAL IMPACT: The Agriculture Department will not be able to accept hemp registrations or monies from the CDFA Hemp contract totaling about $2,000 for the duration of the moratorium. BACKGROUND: This urgency ordinance establishes a temporary moratorium on industrial hemp cultivation while the County considers developing reasonable regulations to mitigate the impacts and regulate the location of the cultivation of industrial hemp, which is generally defined as the Cannabis sativa L. plant with a tetrahydrocannabinol (THC) concentration of 0.3% or less. Under state law, industrial hemp is not subject to the same regulatory provisions as cannabis. Industrial hemp is exempt from regulation under the Medicinal and Adult-Use Cannabis Regulation and Safety Act. Accordingly, the County’s cannabis regulation ordinance, Chapter 88-28 of the County Ordinance Code, does not regulate the cultivation of industrial hemp within the unincorporated areas of Contra APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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: Matt Slattengren I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.5 To:Board of Supervisors From:Matt Slattengren Date:November 17, 2020 Contra Costa County Subject:Urgency interim ordinance imposing a temporary moratorium on industrial hemp cultivation. BACKGROUND: (CONT'D) Costa County. Under this ordinance, no person or entity, including any established agricultural research institution, may grow or process industrial hemp for any purpose within the unincorporated area of Contra Costa County. No County permit, registration, or approval of any type will be issued for industrial hemp cultivation or processing, and no County building permit or approval of any type will be issued for any structure used or intended to be used for industrial hemp cultivation or processing. The Contra Costa County Agricultural Commissioner will not issue a registration to any industrial hemp grower, and will not renew any existing registrations. If a grower has an active registration, the grower may continue to grow until the registration expires. A registration lasts for one year. If adopted, this urgency ordinance continues in effect for 45 days. The Board of Supervisors may extend the ordinance for a period of 10 months and 15 days, and subsequently extend it for another year. CONSEQUENCE OF NEGATIVE ACTION: The failure to enact this emergency moratorium during the stated period may result in problems with enforcement of a program with insufficient regulations. Allowing more Industrial Hemp registration can create incompatibility issues with land use and licensed Cannabis crops. CLERK'S ADDENDUM Speakers: Susan Cisneros,Contra Costa; Jason Coorian, Contra Costa; John Cisneros, Contra Costa; AGENDA ATTACHMENTS Ordinance No. 2020-28 MINUTES ATTACHMENTS Signed Ordinance No. 2020-28 ORDINANCE NO. 2020-28 Page 1 ORDINANCE NO. 2020-28 AN URGENCY INTERIM ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON INDUSTRIAL HEMP CULTIVATION The Contra Costa County Board of Supervisors ordains as follows: Section 1. Purpose and Findings. A. The purpose of this urgency ordinance is to establish a temporary moratorium on industrial hemp cultivation while the County considers developing reasonable regulations to mitigate the impacts and regulate the location of the cultivation of industrial hemp, which is generally defined as the Cannabis sativa L. plant with a tetrahydrocannabinol (THC) concentration of 0.3% or less. B. In December 2018, H.R. 2, the Agriculture Improvement Act of 2018 (the 2018 Farm Bill), was signed into law, authorizing hemp cultivation more broadly than previously allowed by removing hemp from Schedule I of the federal Controlled Substances Act. C. The 2018 Farm Bill delegates to states and Indian tribes the authority to regulate and limit the production of hemp within their borders. It requires states to submit regulatory plans to the U.S. Department of Agriculture (USDA) for review and approval. The California Department of Food and Agriculture submitted a proposed state regulatory plan to the USDA for review and approval. California’s proposed state regulatory plan is under review by the USDA. D. Under Food and Agricultural Code sections 81003 and 81004, before cultivation, a commercial grower or seed breeder of industrial hemp must register with the county agricultural commissioner. To date in 2020, the Contra Costa County Agricultural Commissioner has registered five commercial industrial hemp growers in the unincorporated areas of Contra Costa County. A registration is valid for one year from the date of issuance. E. Under state law, industrial hemp is not subject to the same regulatory provisions as cannabis. Health and Safety Code section 11018.5(b) exempts industrial hemp from regulation under the Medicinal and Adult-Use Cannabis Regulation and Safety Act (Business and Professions Code, § 26000 et seq.). Accordingly, the County’s cannabis regulation ordinance, Chapter 88-28 of the County Ordinance Code, does not regulate the cultivation of industrial hemp within the unincorporated areas of Contra Costa County. F. The methods for distinguishing industrial hemp (the non-intoxicating Cannabis sativa L. plant) from cannabis (the psychotropic version of the plant) are evolving. Industrial hemp and cannabis are derivatives of the same plant, Cannabis sativa L. Under state law, industrial hemp is distinguished from cannabis by the amount of tetrahydrocannabinol (THC), the psychoactive chemical in the plant. If the plant has a concentration of 0.3% ORDINANCE NO. 2020-28 Page 2 THC or less, it is categorized as industrial hemp. Industrial hemp and cannabis thus may be difficult to distinguish without a chemical analysis for the presence of THC content. THC levels are difficult to test reliably until the plant is close to maturity and ready for harvest. Testing is time sensitive, and it is difficult to perform and obtain results in a timely manner. The similarities in the two types of plants present challenges for law enforcement and code enforcement when determining whether a cultivation site complies with applicable law, including Ordinance Code chapter 88-28, or has paid required taxes. G. Industrial hemp can serve as a host to corn earworms and other insects. The pesticides that have been approved for industrial hemp may not provide the range of control needed to prevent movement of these pests from industrial hemp to nearby crops. H. Without local regulation, the cultivation of industrial hemp and cannabis may create incompatibility issues due to cross-pollination if male industrial hemp plants are grown or allowed to be grown close to cannabis. I. The cultivation of industrial hemp without local regulations may interfere with licensed and permitted cannabis cultivation operations under Ordinance Code chapter 88-28, particularly with respect to pollen drift and pest contamination. J. A moratorium on the cultivation of industrial hemp is urgent and necessary to give the County time to study and determine how best to regulate the cultivation of industrial hemp and consider appropriate zoning districts and regulatory standards, including location requirements, security standards, water supply requirements, and size limits. K. The continued allowance of industrial hemp cultivation before the adoption of local regulations creates an urgent and immediate threat to the public health, safety, or welfare of the citizens and existing agriculture in Contra Costa County. Section 2. Definitions. For purposes of this ordinance, the following terms have the following meanings: (a) “Established agricultural research institution” has the meaning set forth in Food and Agricultural Code section 81000(a)(4). (b) “Industrial hemp” has the meaning set forth in Food and Agricultural Code section 81000(a)(6). Section 3. Cultivation and Processing of Industrial Hemp Prohibited. (a) During the term of this interim ordinance, including any extensions: (1) No person or entity, including any established agricultural research institution, may grow or process industrial hemp for any purpose within the unincorporated area of Contra Costa County. ORDINANCE NO. 2020-28 Page 3 (2) No County permit, registration, or approval of any type shall be issued for industrial hemp cultivation or processing. (3) No County building permit or approval of any type shall be issued for any structure used or intended to be used for industrial hemp cultivation or processing. (b) During the term of this interim ordinance, including any extensions: (1) The Contra Costa County Agricultural Commissioner will not issue a registration to any applicant pursuant to Food and Agricultural Code sections 81003 and 81004, or otherwise. (2) The Contra Costa County Agricultural Commissioner will not renew the registration of any applicant pursuant to Food and Agricultural Code sections 81003 and 81004, or otherwise. (c) Notwithstanding subdivisions (a) and (b) of this section, growers of industrial hemp that have an active registration issued by the Contra Costa County Agricultural Commissioner may grow industrial hemp consistent with, and subject to, the terms set forth in the existing registration, including, but not limited to, the location and size of the registered grow. Cultivation allowed under this Section 3(c) is allowed only for the term of the existing registration, which is not subject to renewal. (d) Cultivation or processing of industrial hemp in violation of this interim ordinance is a public nuisance. This ordinance may be enforced by any remedy allowed under the Contra Costa County Ordinance Code and any other remedy allowed by law. Section 4. Reports. In accordance with subdivision (d) of Government Code section 65858, ten days before this ordinance expires and any extension of it, the Department of Conservation and Development shall file with the Clerk of the Board of Supervisors a written report describing the measures taken to alleviate the conditions that led to the adoption of this urgency interim ordinance. Section 5. Severability. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other ordinance provisions or clauses or applications thereof that can be implemented without the invalid provision or clause or application, and to this end the provisions and clauses are declared to be severable. Section 6. Declaration of Urgency. This ordinance is hereby declared to be an urgency ordinance necessary for the immediate preservation of the public safety, health, and welfare of the County. The facts constituting the urgency of this interim ordinance’s adoption are set forth in Section 1. ORDINANCE NO. 2020-28 Page 4 Section 7. Effective Period. This ordinance becomes effective immediately upon passage by four-fifths vote of the Board of Supervisors and shall continue in effect for a period of 45 days, pursuant to Government Code section 65858. Section 8. Publication. Within 15 days after passage, this ordinance shall be published once with the names of the supervisors voting for and against it in the East Bay Times, a newspaper published in this County. PASSED ON November 17, 2020, 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 H:\2020\Agriculture\urgency ordinance - industrial hemp - final.docx RECOMMENDATION(S): CONSIDER whether to adopt an urgency ordinance continuing a temporary prohibition on certain evictions of small-business commercial tenants in Contra Costa County impacted by the COVID-19 pandemic, and related matters. FISCAL IMPACT: None. BACKGROUND: On September 23, 2020, the Governor issued Executive Order N-80-20, which authorizes local jurisdictions, through March 31, 2021, to suspend the evictions of commercial tenants for the non-payment of rent if the non-payment was a result of the COVID-19 pandemic. On September 29, 2020, the Board of Supervisors adopted Ordinance No. 2020-26, an urgency ordinance that authorizes a temporary prohibition on evictions of certain commercial tenants impacted by the COVID-19 pandemic. Under Ordinance No. 2020-26, a landlord of a small business commercial property is prohibited from terminating a tenancy for failure to pay rent if the tenant demonstrates that the failure to pay rent is directly related to a loss of income or out-of-pocket medical expenses associated with the COVID-19 pandemic. The tenant APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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 Ann Mason, Chief Assistant County Counsel, (925) 655-2200 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: David Twa, Clerk of the Board of Supervisors, David O. Livingston, Sheriff, Anna Roth, Director, Health Services, Kathy Gallagher, Director, Employment & Human Services D.6 To:Board of Supervisors From:Sharon L. Anderson, County Counsel Date:November 17, 2020 Contra Costa County Subject:Urgency ordinance prohibiting certain residential and commercial evictions BACKGROUND: (CONT'D) must provide documentation showing loss of income or out-of-pocket medical expenses. These protections last through November 30, 2020. In addition, under Ordinance No. 2020-26, a landlord of a small business commercial property may not charge or collect a late fee for unpaid rent due from a tenant who demonstrated substantial loss of income or substantial out-of-pocket medical expenses. This protection lasts through November 30, 2020. The ordinance also establishes a grace period from small business commercial tenants to pay rent after the date it would otherwise be due, provided that the tenant follows the procedures specified in the ordinance. This grace period lasts through March 31, 2021. If the Board wishes to continue the prohibition on small business evictions and late fee protection past November 30, 2020, and continue the grace period past March 31, 2021, the Board can adopt the attached draft ordinance. The Board will need to specify when the small business eviction protections expire (Section 4(a)), when the late fee protection expires (Section 4(d)), and when the grace period for rent payback expires (Section 4(e)). If the Board does not wish to extend the prohibitions on small business evictions, it should take no action on the draft ordinance. Instead, Ordinance No. 2020-26 would remain in effect. The small business eviction protections and late fee prohibition would expire November 30, 2020, and the grace period would expire March 31, 2021. Ordinance No. 2020-26 is also attached along with the draft ordinance. Ordinance No. 2020-26 also prohibits a landlord from terminating a residential tenancy for a no-fault reason; prohibits a landlord from terminating a residential tenancy on the basis that a tenant allowed an unauthorized occupant to live in the dwelling unit, if the occupant is the tenant's immediate family member living in the dwelling as a result of the COVID-19 pandemic; and prohibits a landlord from increasing rent on a residential real property. These residential eviction protections last through January 31, 2021. These protections would remain unchanged under the attached draft ordinance. CLERK'S ADDENDUM Speakers: Michelle, Oakley; Buisiness Owner, Lafayette. AGENDA ATTACHMENTS DRAFT Urgency Ordinance Ordinance No. 2020-26 MINUTES ATTACHMENTS Signed Ordinance No 2020-29 ORDINANCE NO. 2020-___ Page 1 ORDINANCE NO. 2020-___ DRAFT AN URGENCY ORDINANCE AUTHORIZING A TEMPORARY PROHIBITION ON CERTAIN EVICTIONS OF RESIDENTIAL AND COMMERCIAL TENANTS IN CONTRA COSTA COUNTY IMPACTED BY THE COVID-19 PANDEMIC AND AUTHORIZING A MORATORIUM ON CERTAIN RESIDENTIAL RENT INCREASES The Contra Costa County Board of Supervisors ordains as follows: Section 1. Findings. A. On January 30, 2020, the World Health Organization declared the outbreak of a novel coronavirus that causes the disease named coronavirus disease 2019 (“COVID-19”), a public health emergency of international concern. B. On January 31, 2020, as the result of confirmed cases of COVID-19, the U.S. Secretary of Health and Human Services declared a public health emergency nationwide. C. On March 3, 2020, Contra Costa Health Services announced the first case of local transmission of the virus causing COVID-19 in Contra Costa County. D. On March 4, 2020, Governor Gavin Newsom proclaimed the existence of a state of emergency in California under the California Emergency Services Act, Gov. Code § 8550 et seq.. As of July 1, 2020, there were more than 2.7 million cases of COVID-19 in the United States, resulting in more than 128,000 deaths, with 3,248 confirmed cases of COVID-19 in Contra Costa County, resulting in 77 deaths. E. On March 10, 2020, the Board of Supervisors found that due to the introduction of COVID-19 in the County, conditions of disaster or extreme peril to the safety of persons and property had arisen, commencing on March 3, 2020. Based on these conditions, pursuant to Government Code section 8630, the Board adopted Resolution No. 2020/92, proclaiming the existence of a local emergency throughout the County. F. The legislative bodies of a number of cities in Contra Costa County also adopted local emergency proclamations due to COVID-19 pursuant to Government Code section 8630. G. On March 16, 2020, the County Health Officer issued an order requiring County residents to shelter at their places of residence in order to slow community transmission of COVID-19, subject to exceptions for the provision and receipt of essential services while complying with social distancing requirements to the maximum extent possible. The County Health Officer extended the order on March 31, 2020, and on April 29, 2020. H. On May 18, 2020, the County Health Officer extended the shelter-in-place order, continuing restrictions on many activity, travel, and business functions but allowing a limited number of additional businesses to resume operating. On June 2, June 5, and June 16, 2020, the County Health Officer issued orders allowing additional businesses to resume operating. On July 11, 2020, in response to an increase in community transmission and illness caused by the virus that causes COVID-19, the County Health ORDINANCE NO. 2020-___ Page 2 Officer issued an order amending the June 16, 2020, order, increasing the restrictions on certain business and activities presenting a high risk for disease transmission. I. On August 26, 2020, September 4, 2020, and September 14, 2020, the County Health Officer issued orders allowing a limited number of additional businesses to resume operating. The County Health Officer issued orders amending the September 14, 2020, order on October 27, 2020, and November 4, 2020. J. On March 16, 2020, the Governor issued Executive Order N-28-20, which authorized local jurisdictions to suspend the evictions of residential and commercial tenants for the non-payment of rent if the non-payment was a result of the COVID-19 pandemic. K. On June 30, 2020, the Governor issued Executive Order N-71-20, which extended the authority of local jurisdictions to suspend the evictions of residential and commercial tenants for the non-payment of rent if the non-payment was a result of the COVID-19 pandemic through September 30, 2020. L. On April 6, 2020, the Judicial Council of California adopted Emergency Rule 1, effectively suspending action on or entry of default in eviction cases, and suspending judicial foreclosures, except where necessary to protect public health and safety. M. On April 21, 2020, the Board of Supervisors adopted Ordinance No. 2020-14, an urgency ordinance temporarily prohibiting evictions of residential and commercial real property tenants in the County impacted by the COVID-19 pandemic and establishing a moratorium on certain rent increases. N. On May 26, 2020, the Board of Supervisors adopted Ordinance No. 2020-16, an urgency ordinance continuing and modifying a temporary prohibition on evictions of tenants in Contra Costa County impacted by the COVID-19 pandemic, and continuing and modifying a residential rent increase moratorium. O. On July 14, 2020, the Board of Supervisors adopted Ordinance No. 2020-20, an urgency ordinance continuing a temporary prohibition on evictions of residential and certain commercial real property tenants in Contra Costa County impacted by the COVID-19 pandemic, and continuing a moratorium on certain residential rent increases. P. The Judicial Council voted on August 14, 2020, to terminate the eviction protections in its Emergency Rule 1. This rule terminated September 1, 2020. Q. On August 31, 2020, the Governor signed Assembly Bill 3088, the COVID-19 Tenant Relief Act of 2020 (the Act), which went into effect immediately. The Act extends eviction protections for residential tenants, including mobilehome tenants, who are experiencing a financial hardship related to COVID-19. R. The Act prohibits residential tenants from being evicted for failure to pay rent because of a COVID-19-related hardship occurring between March 1 and August 31, 2020, as long as the tenant provides the landlord with a written declaration of hardship. Residential tenants who experience a new COVID-19-related hardship between September 1, 2020, ORDINANCE NO. 2020-___ Page 3 and January 31, 2021, are also protected from eviction through this date as long as they pay 25 percent of the rent due by January 31, 2021. S. On September 23, 2020, the Governor issued Executive Order N-80-20, which extends, through March 31, 2021, the authority of local jurisdictions to suspend the evictions of commercial tenants for the non-payment of rent if the non-payment was a result of the COVID-19 pandemic. T. The COVID-19 pandemic and associated state and local public health orders are resulting in a loss of income to a widespread portion of the local population that depend on wages or business income, hindering their ability to pay rent and leaving them vulnerable to eviction, and in higher medical expenses for certain Contra Costa County residents. U. Contra Costa County and the cities within the County are also experiencing a housing affordability crisis, which is driving homelessness and displacement of residents. V. Many of the County’s renters are rent-burdened, paying over 30 percent of their income on rent, and some renters are severely rent-burdened, paying over 50 percent of their income on rent, which leaves less money for families to spend on other necessities like food, healthcare, transportation, and education. W. Housing displacement due to rent increases and evictions occurring during the local emergency would hinder individuals from complying with state and local public health orders and would lead to increased spread of COVID-19, overburdening the healthcare delivery system and potentially resulting in greater loss of life. X. There is an urgent need for the County to continue a temporary prohibition on certain residential evictions and certain commercial evictions, and continue a temporary moratorium on certain residential rent increases, to protect the health, safety, and welfare of its residents in light of the emergency declared regarding the COVID-19 pandemic. Y. The Act authorizes local jurisdictions to amend existing urgency ordinances to continue prohibitions on certain types of residential evictions, including no-fault evictions. Without local protections in addition to statewide eviction protection for residential renters, eviction notices are likely to increase in light of the COVID-19 pandemic. Z. On September 22, 2020, the Board adopted Ordinance No. 2020-25, which prohibits a landlord from terminating a residential tenancy for a no-fault reason; prohibits a landlord from terminating a residential tenancy on the basis that a tenant allowed an unauthorized occupant to live in the dwelling unit, if the occupant is the tenant’s immediate family member living in the dwelling unit as a result of the COVID-19 pandemic; and prohibits a landlord from increasing rent on a residential real property. AA. On September 29, 2020, the Board adopted Ordinance No. 2020-26, which prohibits a landlord from terminating specified residential tenancies, prohibits a landlord from increasing rent on a residential real property, and authorizes a temporary prohibition on evictions of certain commercial tenants impacted by the COVID-19 pandemic. ORDINANCE NO. 2020-___ Page 4 BB. The Board finds, pursuant to Civil Code sections 1946.2 and 1179.05(b), that: the just cause for termination of a residential tenancy under this urgency ordinance is consistent with Civil Code section 1946.2; this urgency ordinance, by prohibiting a landlord from terminating a residential tenancy on the basis that a tenant allowed an unauthorized occupant to live in the dwelling unit if the occupant is the tenant’s immediate family member living in the dwelling unit as a result of the COVID-19 pandemic, provides additional tenant protections that are not prohibited by any other provision of law; and this urgency ordinance is more protective than the provisions of Civil Code section 1946.2. CC. As authorized by Executive Order N-80-20, this ordinance also authorizes a temporary prohibition on evictions of certain commercial tenants impacted by the COVID-19 pandemic. Section 2. Definitions. For purposes of this ordinance, the following words and phrases have the following meanings: (a) “Commercial real property” means any developed real property that is used as a place of business for a small business or a non-profit organization. (b) “Immediate family” means a person’s spouse, domestic partner, children, grandchildren, parents, or grandparents. (c) “No fault cause for eviction” means any eviction for which the notice of termination of tenancy is not based on an alleged fault of the tenant. (d) “Non-profit organization” means an organization that is exempt from taxation under Section 501(c)(3) or Section 501(c)(4) of the United States Internal Revenue Code. (e) “Rent” means the financial obligation or monetary payment a tenant owes a landlord for the occupancy or use of real property whether by written or oral agreement. (f) “Residential real property” includes a mobilehome park and a mobilehome park space or lot. (g) “Small business” has the meaning set forth in Government Code section 14837(d)(1)(A). (h) “Tenancy” means the lawful occupancy of residential or commercial real property by agreement on a month-to-month basis or for a fixed term in excess of 30 days. Section 3. Prohibitions on Certain Residential Evictions. (a) Through January 31, 2021, a landlord shall not terminate a residential tenancy for any no fault cause for eviction. (b) Through January 31, 2021, a landlord shall not terminate a residential tenancy on the basis of a tenant allowing an unauthorized occupant to live in the dwelling unit, if the occupant is a member of the tenant’s immediate family living in the dwelling unit as a result of the COVID-19 pandemic. ORDINANCE NO. 2020-___ Page 5 (c) Notwithstanding the foregoing, nothing in this section limits a landlord’s ability to terminate a residential tenancy for any of the following reasons: (1) The termination is necessary to protect the landlord’s health or safety or any other tenant’s health or safety. (2) The termination is necessary where the owner or a member of the landlord’s immediate family intends to occupy the residential real property. (3) The termination is to remove the residential real property from the rental market, but only when authorized by Government Code section 7060 et seq. (d) To the extent state law is more protective of a residential tenancy than this section, those state law provisions shall apply to the residential tenancy. Nothing in this section shall be construed to supersede any applicable requirements in Civil Code section 1946.2 pertaining to relocation assistance or rent waiver. Section 4. Prohibitions on Certain Commercial Evictions. (a) Through _________________, a landlord of commercial real property shall not terminate a tenancy for failure to pay rent if the tenant demonstrates that the failure to pay rent is directly related to a loss of income or out-of-pocket medical expenses associated with the COVID-19 pandemic or any local, state, or federal government response to the pandemic. For the protections of this subsection (a) to apply, a tenant must demonstrate through documentation or other objectively verifiable means: (1) Loss of income from: (i) job loss; (ii) layoffs; (iii) a reduction in the number of compensable hours of work; (iv) a store, restaurant, office, or business closure; (v) a decrease in business income caused by a reduction in opening hours or consumer demand; (vi) the need to miss work to care for a homebound school-age child or a family member infected with coronavirus; or (vii) other similarly- caused loss of income, where the conditions listed in (i) through (vii) resulted from the COVID-19 pandemic or related guidance or public health orders from local, State, or federal authorities; or (2) Out-of-pocket medical expenses for themselves or their immediate family related to the COVID-19 pandemic. “Adequate documentation” of lost income or out-of-pocket medical expenses from the COVID-19 pandemic includes but is not limited to a declaration signed by the tenant under penalty of perjury, letters from employers citing the COVID-19 pandemic or related government action as the basis for termination of employment or reduced work, employer paycheck stubs, bank statements, or letters or notifications from schools in which the tenant has a dependent enrolled regarding COVID-19-related closures that affected the tenant’s income. The tenant must notify the landlord in writing before the rent is due, or within a reasonable period of time afterwards not to exceed 14 days, that the tenant needs to delay ORDINANCE NO. 2020-___ Page 6 all or some payment of rent because of an inability to pay the full amount due to reasons related to COVID-19. (b) Notwithstanding the foregoing, nothing in this section limits a landlord’s ability to terminate a tenancy if the termination is necessary to protect the landlord’s health or safety or any other tenant’s health or safety. (c) A landlord’s failure to comply with this ordinance shall render any notice of termination of tenancy, where the termination would be in violation of this ordinance, void. Any notice of termination served on a tenant during the COVID-19 pandemic must contain the reason for the termination of the tenancy. Any notice of termination served on a tenant during the COVID-19 pandemic must also include a notice of the tenant’s rights under this ordinance. A tenant eligible for protection under this ordinance must provide written notice of that eligibility to the landlord within 14 days after receiving a notice of termination of tenancy from the landlord. (d) Through ________________, a landlord may not charge or collect a late fee for unpaid rent due from a commercial real property tenant who demonstrated loss of income or out- of-pocket medical expenses as required under this ordinance. (e) Except as otherwise provided in this subsection, a commercial real property tenant who demonstrated loss of income or out-of-pocket medical expenses as required under this ordinance or any prior urgency ordinances governing commercial evictions shall pay all past due rent no later than ____________, unless the landlord agrees to a longer repayment period. If a tenant at a place of business did not pay rent in April 2020 or May 2020 pursuant to Ordinance No. 2020-14, and the place of business is not a small business or non-profit organization, then the tenant shall pay all past due rent for those months no later than September 30, 2020, unless the owner agrees to a longer repayment period. This ordinance does not relieve a commercial real property tenant of the obligation to pay rent and does not restrict a landlord’s ability to recover rent due, and shall not prevent a commercial real property tenant who is able to pay all or some of the rent due from paying that rent in a timely manner. Section 5. Moratorium on Residential Rent Increases. (a) A landlord may not increase rent on a residential real property through January 31, 2021. (b) A residential real property that is exempt from the rent limits imposed by Civil Code section 1947.12 or Civil Code section 1954.50 et seq. is exempt from this section. (c) This section does not apply to a residential real property where one or more scheduled rent increases occur pursuant to a written rental agreement that was entered into before March 16, 2020. (d) This section does not apply when a unit becomes vacant and the landlord sets the initial rent for a new tenancy. ORDINANCE NO. 2020-___ Page 7 Section 6. Remedies. (a) The provisions of this ordinance may be asserted as an affirmative defense in an unlawful detainer action. (b) If a landlord attempts to recover possession or recovers possession of residential real property or commercial real property in violation of this ordinance, retaliates against a tenant for the exercise of any rights under this ordinance, or attempts to prevent a tenant from acquiring any rights under this ordinance, the tenant may institute a civil proceeding for injunctive relief, money damages of not more than three times actual damages (including damages for mental or emotional distress), and whatever other relief a court deems appropriate. If damages are awarded for mental or emotional distress, the award shall only be trebled if the trier of fact finds that the landlord acted in knowing violation of or in reckless disregard of the provisions of this ordinance. The prevailing party shall be entitled to reasonable attorney’s fees and costs pursuant to order of the court. Section 7. Supersedes. This ordinance supersedes Ordinance No. 2020-26. Ordinance No. 2020-14 applies to eviction notices, and unlawful detainer actions based on those notices, served or filed between March 16, 2020, and May 25, 2020. Ordinance No. 2020-16 applies to eviction notices, and unlawful detainer actions based on those notices, served or filed between May 26, 2020, and July 13, 2020. Ordinance No. 2020-20 applies to eviction notices for residential real property, and unlawful detainer actions based on those notices, served or filed between July 14, 2020, and August 31, 2020. Ordinance No. 2020-20 applies to eviction notices for commercial real property (as defined in Ordinance No. 2020-20), and unlawful detainer actions based on those notices, served or filed between July 14, 2020, and September 30, 2020. Ordinance No. 2020-26 applies to eviction notices for residential real property, and unlawful detainer actions based on those notices, served or filed between September 1, 2020, and November 16, 2020. Ordinance No. 2020-26 applies to eviction notices for commercial real property, and unlawful detainer actions based on those notices, served or filed between October 1, 2020, and November 16, 2020. Section 8. Applicability. Government Code section 8634 authorizes the Board of Supervisors to promulgate countywide orders and regulations necessary to provide for the protection of life and property during a local emergency. Pursuant to Government Code section 8634, the regulations in this ordinance shall apply to cities within Contra Costa County and unincorporated Contra Costa County. To the extent that the governing body of a city enacts an ordinance or adopts a regulation that governs the subject matter of this ordinance, that city ordinance or regulation shall supersede this ordinance within that jurisdiction. Section 9. Severability. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other ordinance provisions or clauses or applications thereof that can be implemented without the invalid provision or clause or application, and to this end the provisions and clauses are declared to be severable. The Board of Supervisors hereby declares that it would have adopted this ordinance and each provision thereof irrespective of whether any one or more provisions are found invalid, unconstitutional, or otherwise unenforceable. ORDINANCE NO. 2020-___ Page 8 Section 10. Declaration of Urgency. This ordinance is hereby declared to be an urgency ordinance necessary for the immediate preservation of the public peace, health, and safety of the County. The facts constituting the urgency of this ordinance’s adoption are set forth in Section 1. Section 11. Effective Date. This ordinance becomes effective immediately upon passage by four-fifths vote of the Board of Supervisors. This ordinance shall expire and be repealed as of January 31, 2021, unless shortened or extended by the Board of Supervisors based on the existence of a local emergency. Section 12. Publication. Within 15 days after passage, this ordinance shall be published once with the names of the supervisors voting for and against it in the East Bay Times, a newspaper published in this County. PASSED ON November 17, 2020, 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 H:\2020\Covid 19\evictions\urgency ordinance - fifth continuation of eviction moratorium - draft.docx ORDINANCE NO. 2020-26 AN URGENCY ORDINANCE AUTHORIZING A TEMPORARY PROHIBITION ON CERTAIN EVICTIONS OF RESIDENTIAL AND COMMERCIAL TENANTS IN CONTRA COSTA COUNTY IMPACTED BY THE COVID-19 PANDEMIC AND AUTHORIZING A MORATORIUM ON CERTAIN RESIDENTIAL RENT INCREASES The Contra Costa County Board of Supervisors ordains as follows: Section 1. Findings. A. On January 30, 2020, the World Health Organization declared the outbreak of a novel coronavirus that causes the disease named coronavirus disease 2019 ("COVID-19"), a public health emergency of international concern. B. On January 31, 2020, as the result of confirmed cases ofCOVID-19, the U.S. Secretary of Health and Human Services declared a public health emergency nationwide. C. On March 3, 2020, Contra Costa Health Services announced the first case of local transmission of the virus causing COVID-19 in Contra Costa County. D. On March 4, 2020, Governor Gavin Newsom proclaimed the existence of a state of emergency in California under the California Emergency Services Act, Gov. Code§ 8550 et seq .. As of July 1, 2020, there were more than 2.7 million cases of COVID-19 in the United States, resulting in more than 128,000 deaths, with 3,248 confirmed cases of COVID-19 in Contra Costa County, resulting in 77 deaths. E. On March 10, 2020, the Board of Supervisors found that due to the introduction of COVID-19 in the County, conditions of disaster or extreme peril to the safety of persons and property had arisen, commencing on March 3, 2020. Based on these conditions, pursuantto Government Code section 8630, the Board adopted Resolution No. 2020/92, proclaiming the existence of a local emergency throughout the County. F. The legislative bodies of a number of cities in Contra Costa County also adopted local emergency proclamations due to COVID-;..19 pursuant to Government Code section 8630. G. On March 16, 2020, the County Health Officer issued an order requiring County residents to shelter at their places of residence in order to slow community transmission of COVID-19, subject to exceptions for the provision and receipt of essential services while complying with social distancing requirements to the maximum extent possible. The County Health Officer extended the order on March 31, 2020, and on April 29, 2020. H. On May 18, 2020, the County Health Officer extended the shelter-in-place order, continuing restrictions on many activity, travel, and business functions but allowing a limited number of additional businesses to resume operating. On June 2, June 5, and June 16, 2020, the County Health Officer issued orders allowing additional businesses to resume operating. On July 11, 2020, in response to an increase in community transmission and illness caused by the virus that causes COVID-19, the County Health ORDINANCE NO. 2020-26 Page 1 Officer issued an order amending the June 16, 2020, order, increasing the restrictions on certain business and activities presenting a high risk for disease transmission. I. On August 26, 2020, September 4, 2020, and September 14, 2020, the County Health Officer issued orders allowing a limited number of additional businesses to resume operating. J. On March 16, 2020, the Governor issued Executive Order N-28-20, which authorized local jurisdictions to suspend the evictions of residential and commercial tenants for the non-payment of rent if the non-payment was a result of the COVID-19 pandemic. K. On June 30, 2020, the Governor issued Executive Order N-71-20, which extended the authority of local jurisdictions to suspend the evictions of residential and commercial tenants for the non-payment of rent if the non-payment was a result of the COVID-19 pandemic through September 30, 2020. L. On April 6, 2020, the Judicial Council of California adopted Emergency Rule 1, effectively suspending action on or entry of default in eviction cases, and suspending judicial foreclosures, except where necessary to protect public health and safety. M. On April 21, 2020, the Board of Supervisors adopted Ordinance No. 2020-14, an urgency ordinance temporarily prohibiting evictions of residential and commercial real property tenants in the County impacted by the COVID-19 pandemic and establishing a moratorium on certain rent increases. N. On May 26, 2020, the Board of Supervisors adopted Ordinance No. 2020-16, an urgency ordinance continuing and modifying a temporary prohibition on evictions of tenants in Contra Costa County impacted by the COVID-19 pandemic, and continuing and modifying a residential rent increase moratorium. 0. On July 14, 2020, the Board of Supervisors adopted Ordinance No. 2020-20, an urgency ordinance continuing a temporary prohibition on evictions of residential and certain commercial real property tenants in Contra Costa County impacted by the COVID-19 pandemic, and continuing a moratorium on certain residential rent increases. P. The Judicial Council voted on August 14, 2020, to terminate the eviction protections in its Emergency Rule 1. This rule terminated September 1, 2020. Q. On August 31, 2020, the Governor signed Assembly Bill 3088, the COVID-19 Tenant Relief Act of2020 (the Act), which went into effect immediately. The Act extends eviction protections for residential tenants, including mobilehome tenants, who are experiencing a financial hardship related to COVID-19. R. The Act prohibits residential tenants from being evicted for failure to pay rent because of a COVID-19-related hardship occurring between March 1 and August 31, 2020, as long as the tenant provides the landlord with a written declaration of hardship. Residential tenants who experience a new COVID-19-related hardship between September 1, 2020, ORDINANCE NO. 2020-26 Page2 and January 31, 2021, are also protected from eviction through this date as long as they pay 25 percent of the rent due by January 31, 2021. S. On September 23, 2020, the Governor issued Executive Order N-80-20, which extends, through March 31, 2021, the authority of local jurisdictions to suspend the evictions of commercial tenants for the non-payment of rent if the non-payment was a result of the COVID-19 pandemic. T. The COVID-19 pandemic and associated state and local public health orders are resulting in a loss of income to a widespread portion of the local population that depend on wages or business income, hindering their ability to pay rent and leaving them vulnerable to eviction, and in higher medical expenses for certain Contra Costa County residents. U. Contra Costa County and the cities within the County are also experiencing a housing affordability crisis, which is driving homelessness and displacement of residents. V. Many of the County's renters are rent-burdened, paying over 30 percent of their income on rent, and some renters are severely rent-burdened, paying over 50 percent of their income on rent, which leaves less money for families to spend on other necessities like food, healthcare, transportation, and education. W. Housing displacement due to rent increases and evictions occurring during the local emergency would hinder individuals from complying with state and local public health orders and would lead to increased spread of COVID-19, overburdening the healthcare delivery system and potentially resulting in greater loss of life. X. There is an urgent need for the County to continue a temporary prohibition on certain residential evictions and certain commercial evictions, and continue a temporary moratorium on certain residential rent increases, to protect the health, safety, and welfare of its residents in light of the emergency declared regarding the COVID-19 pandemic. Y. The Act authorizes local jurisdictions to amend existing urgency ordinances to continue prohibitions on certain types of residential evictions, including no-fault evictions. Without local protections in addition to statewide eviction protection for residential renters, eviction notices are likely to increase in light of the COVID-19 pandemic. Z. On September 22, 2020, the Board adopted Ordinance No. 2020-25, which prohibits a landlord from terminating a residential tenancy for a no-fault reason; prohibits a landlord from terminating a residential tenancy on the basis that a tenant allowed an unauthorized occupant to live in the dwelling unit, if the occupant is the tenant's immediate family member living in the dwelling unit as a result of the COVID-19 pandemic; and prohibits a landlord from increasing rent on a residential real property. AA. The Board finds, pursuant to Civil Code sections 1946.2 and 1179.05(b), that: the just cause for termination of a residential tenancy under this urgency ordinance is consistent with Civil Code section 1946.2; this urgency ordinance, by prohibiting a landlord from terminating a residential tenancy on the basis that a tenant allowed an unauthorized occupant to live in the dwelling unit if the occupant is the tenant's immediate family ORDINANCE NO. 2020-26 Page 3 member living in the dwelling unit as a result of the COVID-19 pandemic, provides additional tenant protections that are not prohibited by any other provision of law; and this urgency ordinance is more protective than the provisions of Civil Code section 1946.2. BB. As authorized by Executive Order N-80-20, this ordinance also authorizes a temporary prohibition on evictions of certain commercial tenants impacted by the COVID-19 pandemic. Section 2. Definitions. For purposes of this ordinance, the following words and phrases have the following meanings: (a) "Commercial real property" means any developed real property that is used as a place of business for a small business or a non-profit organization. (b) "Immediate family" means a person's spouse, domestic partner, children, grandchildren, parents, or grandparents. (c) "No fault cause for eviction" means any eviction for which the notice of termination of tenancy is not based on an alleged fault of the tenant. ( d) "Non-profit organization" means an organization that is exempt from taxation under Section 501(c)(3) or Section 501(c)(4) of the United States Internal Revenue Code. ( e) "Rent" means the financial obligation or monetary payment a tenant owes a landlord for the occupancy or use of real property whether by written or oral agreement. (f) "Residential real property" includes a mobilehome park and a mobilehome park space or lot. (g) "Small business" has the meaning set forth in Government Code section 14837(d)(l)(A). (h) "Tenancy" means the lawful occupancy of residential or commercial real property by agreement on a month-to-month basis or for a fixed term in excess of 30 days. Section 3. Prohibitions on Certain Residential Evictions. (a) Through January 31, 2021, alandlord shall not terminate a residential tenancy for any no fault cause for eviction. (b) Through January 31, 2021, a landlord shall not terminate a residential tenancy on the basis of a tenant allowing an unauthorized occupant to live in the dwelling unit, if the occupant is a member of the tenant's immediate family living in the dwelling unit as a result of the COVID-19 pandemic. (c) Notwithstanding the foregoing, nothing in this section limits a landlord'_s ability to terminate a residential tenancy for any of the following reasons: ORDINANCE NO. 2020-26 Page4 (1) The termination is necessary to protect the landlord's health or safety or any other tenant's health or safety. (2) The termination is necessary where the owner or a member of the landlord's immediate family intends to occupy the residential real property. (3) The termination is to remove the residential real property from the rental market, but only when authorized by Government Code section 7060 et seq. (d) To the extent state law is more protective of a residential tenancy than this section, those state law provisions shall apply to the residential tenancy. Nothing in this section shall be construed to supersede any applicable requirements in Civil Code section 1946.2 pertaining to relocation assistance or rent waiver. Section 4. Prohibitions on Certain Commercial Evictions. (a) Through November 30, 2020, a landlord of commercial real property shall not terminate a tenancy for failure to pay rent if the tenant demonstrates that the failure to pay rent is directly related to a loss of income or out-of-pocket medical expenses associated with the COVID-19 pandemic or any local, state, or federal government response to the pandemic. For the protections of this subsection (a) to apply, a tenant must demonstrate through documentation or other objectively verifiable means: (1) Loss of income from: (i) job loss; (ii) layoffs; (iii) a reduction in the number of compensable hours of work; (iv) a store, restaurant, office, or business closure; ( v) a decrease in business income caused by a reduction in opening hours or consumer demand; (vi) the need to miss work to care for a homebound school-age child or a family member infected with coronavirus; or (vii) other similarly- caused loss of income, where the conditions listed in (i) through (vii) resulted from the COVID-19 pandemic or related guidance or public health orders from local, State, or federal authorities; or (2) Out-of-pocket medical expenses for themselves or their immediate family related to the COVID-19 pandemic. "Adequate documentation" of lost income or out-of-pocket medical expenses from the COVID-19-pandemic includes but is not limited to a declaration signed by the tenant under penalty of perjury, letters from employers citing the COVID-19 pandemic or related government action as the basis for termination of employment or reduced work, employer paycheck stubs, bank statements, or letters or notifications from schools in which the tenant has a dependent enrolled regarding COVID-19-related closures that affected the tenant's income. The tenant must notify the landlord in writing before the rent is due, or within a reasonable period of time afterwards not to exceed 14 days, that the tenant needs to delay all or some payment of rent because of an inability to pay the full amount due to reasons related to COVID-19. ORDINANCE NO. 2020-26 Page 5 (b) Notwithstanding the foregoing, nothing in this section limits a landlord's ability to terminate a tenancy if the termination is necessary to protect the landlord's health or safety or any other tenant's health or safety. ( c) A landlord's failure to comply with this ordinance shall render any notice of termination of tenancy, where the termination would be in violation of this ordinance, void. Any notice of termination served on a tenant during the COVID-19 pandemic must contain the reason for the termination of the tenancy. Any notice of termination served on a tenant during the COVID-19 pandemic must also include a notice of the tenant's rights under this ordinance. A tenant eligible for protection under this ordinance must provide written notice of that eligibility to the landlord within 14 days after receiving a notice of termination of tenancy from the landlord. ( d) Through November 30, 2020, a landlord may not charge or collect a late fee for unpaid rent due from a commercial real property tenant who demonstrated loss of income or out- of-pocket medical expenses as required under this ordinance. ( e) Except as otherwise provided in this subsection, a commercial real property tenant who demonstrated loss of income or out-of-pocket medical expenses as required under this ordinance or any prior urgency ordinances governing commercial evictions shall pay all past due rent no later than March 31, 2021, unless the landlord agrees to a longer repayment period. If a tenant at a place of business did not pay rent in April 2020 or May 2020 pursuant to Ordinance No. 2020-14, and the place of business is not a small business or non-profit organization, then the tenant shall pay all past due rent for those months no later than September 30, 2020, unless the owner agrees to a longer repayment period. This ordinance does not relieve a commercial real property tenant of the obligation to pay rent and does not restrict a landlord's ability to recover rent due, and shall not prevent a commercial real property tenant who is able to pay all or some of the rent due from paying that rent in a timely manner. Section 5. Moratorium on Residential Rent Increases. (a) A landlord may not increase rent on a residential real property through January 31, 2021. (b) A residential real property that is exempt from the rent limits imposed by Civil Code section 1947.12 or Civil Code section 1954.50 et seq. is exempt from this section. ( c) This section does not apply to a residential real property where one or more scheduled rent increases occur pursuant to a written rental agreement that was entered into before March 16, 2020. ( d) This section does not apply when a unit becomes vacant and the landlord sets the initial rent for a new tenancy. Section 6. Remedies. (a) The provisions of this ordinance may be asserted as an affirmative defense in an unlawful detainer action. ORDINANCE NO. 2020-26 Page6 (b) If a landlord attempts to recover possession or recovers possession of residential real property or commercial real property in violation of this ordinance, retaliates against a tenant for the exercise of any rights under this ordinance, or attempts to prevent a tenant from acquiring any rights under this ordinance, the tenant may institute a civil proceeding for injunctive relief, money damages of not more than three times actual damages (including damages for mental or emotional distress), and whatever other relief a court deems appropriate. If damages are awarded for mental or emotional distress, the award shall only be trebled if the trier of fact finds that the landlord acted in knowing violation of or in reckless disregard of the provisions of this ordinance. The prevailing party shall be entitled to reasonable attorney's fees and costs pursuant to order of the court. Section 7. Supersedes. This ordinance supersedes Ordinance Nos. 2020-20 and 2020-25. This ordinance retroactively applies to residential eviction notices, and unlawful detainer actions based on those notices, served or filed on or after September 1, 2020, exceptto the extent a tenant has surrendered possession of its premises, or an unlawful detainer lawsuit was finally adjudicated before March 16, 2020. Ordinance No. 2020-14 applies to eviction notices, and unlawful detainer actions based on those notices, served or filed between March 16, 2020, and May 25, 2020. Ordinance No. 2020-16 applies to eviction notices, and unlawful detainer actions based on those notices, served or filed between May 26, 2020, and July 13, 2020. Ordinance No. 2020-20 applies to eviction notices for residential real property, and unlawful detainer actions based on those notices, served or filed between July 14, 2020, and August 31, 2020. Ordinance No. 2020-20 applies to eviction notices for commercial real property (as defined in Ordinance No. 2020-20), and unlawful detainer actions based on those notices, served or filed between July 14, 2020, and September 30, 2020. Section 8. Applicability. Government Code section 8634 authorizes the Board of Supervisors to promulgate countywide orders and regulations necessary to provide for the protection of life and property during a local emergency. Pursuant to Government Code section 8634, the regulations in this ordinance shall apply to cities within Contra Costa County and unincorporated Contra Costa County. To the extent that the governing body of a city enacts an ordinance or adopts a regulation that governs the subject matter of this ordinance, that city ordinance or regulation shall supersede this ordinance within that jurisdiction. Section 9. Severability. If any provision or clause of this ordinance or the application thereof to any person or circumstances is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other ordinance provisions or clauses or applications thereof that can be implemented without the invalid provision or clause or application, and to this end the provisions and clauses are declared to be severable. The Board of Supervisors hereby declares that it would have adopted this ordinance and each provision thereof irrespective of whether any one or more provisions are found invalid, unconstitutional, or otherwise unenforceable. Section 10. Declaration of Urgency. This ordinance is hereby declared to be an urgency ordinance necessary for the immediate preservation of the public peace, health, and safety of the County. The facts constituting the urgency of this ordinance's adoption are set forth in Section 1. ORDINANCE NO. 2020-26 Page 7 Section 11. Effective Date. This ordinance becomes effective immediately upon passage by four-fifths vote of the Board of Supervisors. This ordinance shall expire and be repealed as of January 31, 2021, unless shortened or extended by the Board of Supervisors based on the existence of a local emergency. . Section 12. Publication. Within 15 days after passage, this ordinance shall be published once with the names of the supervisors voting for and against it in the East Bay Times, a newspaper published in this County. PASSED ON September 29, 2020, by the following vote: AYES: Candace Andersen, Diane Burgis, Karen Mitchoff, Federal Glover NOES: John Gioia ABSENT: None ABSTAIN: None ATTEST: DAVIDJ. TWA, Clerk of the Board of Supervisors and Cou ty Administrator By: [SEAL] H:\2020\Covid 19\evictions\urgency ordinance -fourth continuation of eviction moratorium -final2.docx ORDINANCE NO. 2020-26 Page 8 RECOMMENDATION(S): RESCIND Traffic Resolution 1986/3156, and ADOPT Traffic Resolution No. 2020/4498 to establish speed limits on Camino Tassajara (Road No. 4721C), as recommended by the Public Works Director, Danville/San Ramon area. (No fiscal impact) FISCAL IMPACT: No fiscal impact. BACKGROUND: Camino Tassajara (Road No. 4721C) is classified as a major arterial roadway by the Federal Highway Administration. Such a classification requires that the speed limit(s) be set according to provisions of the California Manual on Uniform Traffic Control Devices (CA MUTCD) and California Vehicle Code (CVC) Section 22358, if the speed limit is to be set lower than the prima facie speed limit of 55 mph. This requires an Engineering and Traffic Survey (E&TS) be performed in order to establish the appropriate speed limit. The E&TS was conducted according to established traffic engineering standards covering several sections of Camino Tassajara. This action will allow local law enforcement agencies to enforce the speed limits on Camino Tassajara. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Monish Sen, 925.313.2187 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 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:November 17, 2020 Contra Costa County Subject:Establish speed limits on Camino Tassajara (Road No. 4721C), Danville/San Ramon area. CONSEQUENCE OF NEGATIVE ACTION: Law enforcement authorities would be unable to enforce speed limits on the roadway. AGENDA ATTACHMENTS Traffic Resolution 2020/4498 MINUTES ATTACHMENTS Signed: Traffic Resolution No. 2020/4498 TRAFFIC RESOLUTION NO. 2020/4498 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Traffic Resolution on November 17, 2020 by the following vote: AYES: NOES: ABSENT: ABSTAIN: RESOLUTION NO. 2020/4498 Supervisorial District III SUBJECT: Establish speed limits on Camino Tassajara (Road No. 4721C), Danville/San Ramon area. The Contra Costa County Board of Supervisors RESOLVES that: On the basis of an engineering and traffic survey and recommendations thereon by the County Public Works Department’s Transportation Engineering Division, and pursuant to County Ordinance Code Sections 46-2.002 – 46-2.012, the following traffic regulation is established (and other action taken, as indicated): Pursuant to Sections 22357 and 22358; and as defined in Section 627 of the California Vehicle Code, no vehicle shall travel in excess of 40 miles per hour on that portion of Camino Tassajara (Road No. 4721C), beginning at the Dublin City Limit/County Line and extending northerly to 2000 feet north of Windemere Parkway (City of San Ramon Road); THENCE, no vehicle shall travel in excess of 45 miles per hour on that portion of Camino Tassajara (Road No. 4721C), beginning at 2000 feet north of Windemere Parkway (City of San Ramon Road) and extending northerly to the Ballfields (Private Road) intersection; THENCE, no vehicle shall travel in excess of 45 miles per hour on that portion of Camino Tassajara (Road No. 4721C), beginning at the Ballfields (Private Road) intersection and extending westerly to Hansen Lane (Road No. 5525R), Danville area. Traffic Resolution 1986/3156, pertaining to speed limits on Camino Tassajara, is hereby rescinded. MS:sr:kh Orig. Dept.: Public Works (Traffic) Contact: Monish Sen (925-313-2187) c: California Highway Patrol Sheriff’s Department I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: DAVID TWA, Clerk of the Board of Supervisors and County Administrator By , Deputy RECOMMENDATION(S): APPROVE the Carquinez Scenic Drive Embankment Erosion and Guardrail Repair Project (Project) and AUTHORIZE the Public Works Director, or designee, to advertise the Project, Carquinez Strait area. [County Project No. 0672-6U2341, DCD-CP#20-16] (District V). DETERMINE the Project is a California Environmental Quality Act (CEQA), Class 1(c) Categorical Exemption, pursuant to Article 19, Section 15301 of the CEQA Guidelines, and DIRECT the Director of Department of Conservation and Development to file a Notice of Exemption with the County Clerk, and AUTHORIZE the Public Works Director or designee to arrange for payment of a $25 fee to the Department of Conservation and Development for processing, and a $50 fee to the County Clerk for filing the Notice of Exemption. FISCAL IMPACT: Estimated Project cost: $940,000. 100% Local Road Funds. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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: Shrav Sundaram, 925-313-2366 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Shrav Sunderam, Ave' Brown C. 2 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 17, 2020 Contra Costa County Subject:APPROVE the Carquinez Scenic Drive Embankment Erosion and Guardrail Repair Project and take related actions under CEQA. BACKGROUND: The purpose of this project is to reconstruct the road embankment and guardrail along the westbound lane of Carquinez Scenic Drive. The erosion of the westbound lane and embankment occurred during the 2017 winter storms. Traffic has been reduced from a two-way road to a single lane road with stop signs installed on both sides of the erosion, and the westbound lane has been closed off with concrete k-rails. The embankment repair is necessary to prevent further deterioration of the roadway and to restore the westbound lane. The project will repair an approximately 130-foot stretch of Carquinez Scenic Drive. The embankment will be stabilized by installing rows of soil nails into the slope in a grid pattern. The roadway and shoulder will be reestablished with a concrete-form retaining wall (approximately 120-ft long and 10-ft tall) that is backfilled with low-density cellular concrete. The wall will be further supported by a single row of self-driving micropiles that is covered with reinforced structural shotcrete. The micropiles will be drilled in; no pile driving will occur. The retaining wall will be downslope from the roadway and not visible to drivers. The guardrail will be reconstructed along the entire length of the project. Heavy equipment will be operated from the roadway. The anticipated maximum depth of excavation is 25 feet for installing the rows of soil nails. Concrete k-rails and channelizers will limit the roadway to one-way traffic for the duration of construction. Temporary construction easements may be required. Equipment staging will likely occur just to the west of the project site on a paved or gravel area. Some debris and eroded soil removal may be required. Roadway surface drainage will be restored to previous conditions, and the retaining wall will incorporate features to promote drainage. Tree removal (approximately four oaks) and vegetation removal may be necessary to prepare the eroded embankment area for the repair work. Construction is currently anticipated to occur in the summer of 2021 and take approximately 25 days to complete. CONSEQUENCE OF NEGATIVE ACTION: Delay in approving the project may result in a delay of design and construction. ATTACHMENTS NOE \\PW-DATA\grpdata\engsvc\ENVIRO\TransEng\Carquinez Scenic Drive Embankment Erosion and Guardrail Repail\CEQA\D2 to DCD\NOE_2020 10 19_Track changes_AB.doc Form Revised: December 11, 2019 CALIFORNIA ENVIRONMENTAL QUALITY ACT Notice of Exemption To: Office of Planning and Research From: Contra Costa County P.O. Box 3044, Room 113 Dept. of Conservation & Development Sacramento, CA 95812-3044 30 Muir Road Martinez, CA 94553 County Clerk County of: Contra Costa Project Title: Carquinez Scenic Drive Embankment Erosion and Guardrail Repair Proj. No. 0672-6U2341, CP#20-16 Project Applicant: Contra Costa County Public Works Department, 255 Glacier Drive Martinez, CA 94553 Project Location: On Carquinez Scenic Drive 1.5 miles west of Talbart Street in unincorporated Crockett, Central Contra Costa County Lead Agency: Contra Costa County Department of Conservation and Development Description of Nature, Purpose and Beneficiaries of Project: The purpose of this project is to reconstruct the road embankment and guardrail along the westbound lane of Carquinez Scenic Drive. The erosion of the westbound lane and embankment occurred during the 2017 winter storms. Traffic has been reduced from a two-way road to a single lane road with stop signs installed on both sides of the erosion, and the westbound lane has been closed off with concrete k-rails. The embankment repair is necessary to prevent further deterioration of the roadway and to restore the westbound lane. The project will repair an approximately 130-foot stretch of Carquinez Scenic Drive. The embankment will be stabilized by installing rows of soil nails into the slope in a grid pattern. The roadway and shoulder will be reestablished with a concrete-form retaining wall (approximately 120-ft long and 10-ft tall) that is backfilled with low-density cellular concrete. The wall will be further supported by a single row of self-driving micropiles that is covered with reinforced structural shotcrete. The micropiles will be drilled in; no pile driving will occur. The retaining wall will be downslope from the roadway and not visible to drivers. The guardrail will be reconstructed along the entire length of the project. Heavy equipment will be operated from the roadway. The anticipated maximum depth of excavation is 25 feet for installing the rows of soil nails. Concrete k-rails and channelizers will limit the roadway to one-way traffic for the duration of construction. Temporary construction easements may be required. Equipment staging will likely occur just to the west of the project site on a paved or gravel area. Some debris and eroded soils removal may be required. Roadway surface drainage will be restored to previous conditions, and the retaining wall will incorporate features to promote drainage. Tree removal (approximately four oaks) and vegetation removal may be necessary to prepare the eroded embankment area for the repair work. Construction is currently anticipated to occur in the summer of 2021 and take approximately 25 days to complete. Appropriate Best Management Practices (BMPs) will be implemented during construction. Real Property transactions are anticipated for APNs 368-080-003 and 368-080-004, additional transactions may be necessary. Name of Public Agency Approving Project: Contra Costa County Name of Person or Agency Carrying Out Project: Contra Costa County Public Works Department Exempt Status: Ministerial Project (Sec. 21080(b) (1); 15268; Categorical Exemption: 15301(c) Declared Emergency (Sec. 21080(b)(3); 15269(a)); Other Statutory Exemption, Code No.: Emergency Project (Sec. 21080(b)(4); 15269(b)(c)); Common Sense Exemption [Section 15061 (b)(3)] Reasons why project is exempt: The project consists of the repair of an existing street involving no expansion of use, pursuant to Section 15301(c) of the CEQA guidelines. Lead Agency Contact Person: Laura Cremin - Public Works Dept. Area Code/Telephone/Extension: (925) 313-2015 If filed by applicant: 1. Attach certified document of exemption finding. 2. Has a Notice of Exemption been filed by the public agency approving the project? Yes No Signature: Date: Title: _________________________ Contra Costa County Department of Conservation and Development Signed by Lead Agency Signed by Applicant AFFIDAVIT OF FILING AND POSTING I declare that on I received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Title Applicant: Department of Fish and Game Fees Due Public Works Department EIR - $3,343.25 Total Due: $__75_________ 255 Glacier Drive Neg. Dec. - $2,406.75 Total Paid $ Martinez, CA 94553 DeMinimis Findings - $0 Attn: Laura Cremin County Clerk - $50 Receipt #: Environmental Services Division Conservation & Development - $25 Phone: (925) 313-2015 Carquinez Scenic Drive Embankment and Guardrail Repair FIGURE 1: Regional Location Map PROJECT LOCATION Carquinez Scenic Drive Embankment and Guardrail Repair FIGURE 2: Project Vicinity Map Project Location: Westbound Lane – Carquinez Scenic Drive RECOMMENDATION(S): APPROVE the Contra Costa County Routine Maintenance Program. [County Project No. 7505-6F8241, DCD-CP# 19-26 (Districts I-V), and FIND, on the basis of the whole record, including the proposed Initial Study/Mitigated Negative Declaration and any comments received and staff responses thereto, that there is no substantial evidence the Project may have significant effect on the environment, and that the Mitigated Negative Declaration reflects the independent judgment and analysis of the lead agency, Contra Costa County. ADOPT the Mitigated Negative Declaration and Mitigation and Monitoring Reporting Program for the Project. SPECIFY that the Contra Costa County Public Works Director is the custodian of the documents and other material that constitute the record of proceedings upon which the Board’s decision is based, and that the record of proceedings is located at 255 Glacier Drive, Martinez, CA. DIRECT the Director of Conservation and Development to file a Notice of Determination APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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: Ave' Brown, 925-313-2311 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Ave' Brown C. 3 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 17, 2020 Contra Costa County Subject:APPROVE the Contra Costa County Routine Maintenance Program and take related actions under CEQA. RECOMMENDATION(S): (CONT'D) with the County Clerk, and, AUTHORIZE the Public Works Director to arrange for payment of $ 2,406.75 for California Department of Fish and Wildlife fees, a $50 fee to the County Clerk for filing the Notice of Determination, and a $25 fee to Department of Conservation and Development for processing. FISCAL IMPACT: 100% Flood Control District Fund 250500. BACKGROUND: The Contra Costa County Routine Maintenance Program is designed to provide a more comprehensive and consistent approach to conducting routine maintenance activities at County flood control facilities, including but not limited to channels, creeks, culverts, bridges, and basins, and includes the regulatory permits necessary to conduct the work. Without this program, routine maintenance activities would require permitting as individual discrete actions, which is costly due to processing times and permitting delays and could result in delayed maintenance increasing risk of flooding, failure, or accelerated erosion. With this program in place, the County Maintenance Division will be able to conduct routine maintenance in a consistent manner and be able to efficiently mobilize to mitigate potential flooding hazards and restore proper channel function to support the safety and interests of the residents of Contra Costa County. CONSEQUENCE OF NEGATIVE ACTION: Many Maintenance activities would require separate permitting and CEQA analysis. This may cause delays in addressing flood hazards, potentially compounding the impacts if flood hazards remain unaddressed for extended periods of time. ATTACHMENTS Memo NOI RMP ISMND Cover Final RMP Manual-Appendices October 2020 Memorandum Subject: Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration (SCH No. 2020060286) Consideration of Comments Received during the Public Review Period Date: October 26, 2020 To: Ave Brown, Principal Analyst, Contra Costa County Department of Public Works From: Ken Schwarz, Horizon Water & Environment (Horizon) Bridget Lillis, Horizon INTRODUCTION This memorandum has been prepared to summarize the comments received by the Contra Costa County Department of Conservation and Development (DCD) on the Initial Study/Mitigated Negative Declaration (IS/MND) for the Contra Costa County Routine Maintenance Program (proposed program or program). An IS/MND is an informational document prepared by a Lead Agency, in this case, the Costa County DCD, that provides environmental analysis for public review. The IS/MND analyzed the impacts resulting from the proposed program and, where applicable, identified mitigation measures to minimize the impacts to less-than-significant levels. This memorandum first summarizes the public review process undertaken for the IS/MND and identifies the next steps in the California Environmental Quality Act (CEQA) process, and then summarizes the comments received and provides responses to those comments. CEQA PROCESS In accordance with Section 15073 of the State CEQA Guidelines, the IS/MND was submitted to the State Clearinghouse for a 30-day public review period starting June 17, 2020 and ending July 17, 2020. In addition, Contra Costa County DCD circulated a Notice of Intent to Adopt the IS/MND to interested agencies and individuals, including the Contra Costa County Clerk. During the public review period, five comment letters were received, as listed in Table 1. In accordance with State CEQA Guidelines Section 15074(b), Contra Costa County Board of Supervisors must consider the IS/MND together with comments received during the public review process prior to decision making and potentially adopting the IS/MND. Although the State CEQA Guidelines do not require the preparation of responses to comments for negative declarations; this memorandum has been prepared to document that the comments received were reviewed and considered in light of the IS/MND’s findings. The issues raised in the comments received do not result in a change to the IS/MND’s conclusions that the proposed program would not have any significant effects on the environment. The County will send letters to those who commented providing responses to the topics they commented on. Contra Costa County Routine Maintenance Program IS/MND Consideration of Comments Received during the Public Review Period October 2020 2 Table 1. Comment Letters Received on the IS/MND Comment Letter Commenter Affiliation Date Sent A Gregg Erickson, Regional Manager, Bay Delta Region California Department of Fish and Wildlife July 15, 2020 B Jackie Van Der Hout, CUSP Outreach Director California Urban Streams Partnership Julys 10, 2020 C Allison Cloney, Project Permitting East Contra Costa County Habitat Conservancy July 8, 2020 D David J. Rehnstrom East Bay Municipal Utility District July 10, 2020 E Heidi Perryman, Ph.D., President and Founder Worth A Dam July 15, 2020 At the time of consideration of approval of the project, the Contra Costa County Board of Supervisors will make CEQA findings and potentially adopt the IS/MND and Mitigation Monitoring and Reporting Program (MMRP) for those mitigation measures identified in the IS/MND. The MMRP was included in the IS/MND as Appendix D. Within five days following the potential IS/MND approval, Contra Costa County DCD must file a Notice of Determination (NOD) with the State Clearinghouse and the Contra Costa County Clerk-Recorder. If the IS/MND is approved, the findings will confirm that the Contra Costa County Board of Supervisors has received and reviewed the IS/MND pursuant to the provisions of CEQA and makes the following findings: 1. Prior to taking action on the IS/MND and MMRP for the proposed program, the Contra Costa County Board of Supervisors will consider the IS/MND findings and public comments received. 2. The IS/MND and MMRP are based on independent judgment exercised by Contra Costa County. 3. The IS/MND and MMRP were prepared and considered in accordance with the requirements of CEQA. 4. Considering the record as whole, and with incorporation of the mitigation measures, there is no substantial evidence that the proposed program will have a significant effect on the environment. 5. Contra Costa County Public Works Director is the custodian of the records of the proceedings on which this decision is based. Records are located at the Public Works offices located at 255 Glacier Drive, Martinez, CA 94553. Contra Costa County Routine Maintenance Program IS/MND Consideration of Comments Received during the Public Review Period October 2020 3 COMMENTS RECEIVED ON THE IS/MND During the public review period, Contra Costa County DCD received five comment letters on the IS/MND (Table 1). These letters are included with this memorandum as Attachment A. Comment Letter A – California Department of Fish and Wildlife Comment A-1: The California Department of Fish and Wildlife (CDFW) describes their role as a Trustee and Responsible Agency under CEQA. Response to Comment A-1: Comment noted. Comment A-2: CDFW describes the regulatory requirements of the California Endangered Species Act (CESA) and Lake and Streambed Alteration Agreement. Response to Comment A-2: Comment noted. Comment A-3: CDFW identifies that beaver dam management activities are not discussed in the IS/MND and recommends a beaver dam assessment and modification measure be incorporated into the IS/MND. Response to Comment A-3: The County appreciates CDFW’s input on this topic. However, after careful consideration beaver dam management activities have been removed from the County’s Routine Maintenance Program as they are infrequent and uncommon and thus, are not considered routine. Beaver dam management activities will be handled on a case-by-case basis and permitted outside of the RMP, in close consultation with CDFW, Ecosystem Conservation Division. The County looks forward to continuing to work collaboratively with CDFW on this topic. Comment A-4: CDFW recommends that the County provide additional detail on aquatic herbicide use, including (1) the types and relative quantities of herbicides to be used; (2) frequency of herbicide use; (3) anticipated area of impact of application; and (4) use of terrestrial herbicides in habitats that may affect aquatic wildlife. Response to Comment A-4: The County has updated the herbicide application discussion in the project description of the IS/MND to provide additional detail, as requested. Additionally, herbicide application information, including the type of herbicides, proposed quantities, frequency, and location are summarized in Table 2 included below (also included in Chapter 6 of the Manual). Historically, the most commonly used herbicides in the County have been Round PROMAX, Roundup Custom, Garlon 3A, and Esplanade 200 SC. These herbicides are typically mixed with the other herbicides listed in Table 2, approved adjuvants (listed below), and surfactants. The County typically treats approximately 170 acres along access roads, 126 acres along channel banks (dry areas) and 76 acres of in-channel (aquatic) areas in an average year. Contra Costa County Routine Maintenance Program IS/MND Consideration of Comments Received during the Public Review Period October 2020 4 Table 2. Summary of Herbicides Used on Vegetation Type Typical Application Location Herbicide Active Ingredient1,2 Application Timing Application Frequency Example Product Annual Application/ Concentration Terrestrial Vegetation Access roads, channel banks, fence lines Glyphosate Winter, spring, summer 0-3 times/year Roundup PROMAX 1% (1 gallon/acre) Imazapyr 0-1 times/year Habitat 1% (1 gallon/ acre) Triclopyr TEA3 0-3 times/year Renovate 3, Garlon 3A Renovate 3: 0.5%- 0.75% (0.5- 0.75 gallon/acre) Garlon 3A: 0.5% (0.5 gallon/ acre) Aminopyralid Fall, winter, spring 0-3 times/year Milestone 5 ounces/acre Indaziflam Fall, winter 0-1 times/year Esplanade 200 SC 7 ounces/acre Prodiamine Fall, winter 0-1 times/year Resolute 65WG 1 pound/acre Aquatic Vegetation Channel banks, within channels, sensitive species habitat, basins Glyphosate Summer, fall 0-2 times/year Roundup Custom 1% (1 gallon/ acre) Triclopyr TEA Summer, fall 0-2 times/year Renovate 3, Garlon 3A Renovate 3: 0.5%- 0.75% (0.5- 0.75 gallon/acre) Garlon 3A: 0.5% (0.5 gallon/ acre) Imazamox Spring, summer, fall 0-2 times/year Clearcast 1% (1 gallon/ acre) Imazapyr Summer 0-2 times/year Habitat 1% (1 gallon/ acre) Table Notes: . 1 Applications may be made using a truck-mounted boom, handgun sprayer, or backpack sprayer. Site conditions including access, presence of special status species/habitat, application type, target pest, etc. may influence equipment choice. 2 Other herbicide active ingredients may be added to the revised permit. 3 Triclopyr TEA refers to the triethylamine salt of triclopyr. Contra Costa County Routine Maintenance Program IS/MND Consideration of Comments Received during the Public Review Period October 2020 5 Comment A-5: CDFW requests a discussion of rodenticide use to be included in the IS/MND. Response to Comment A-5: A description of rodenticide use was added to page 9 of the IS/MND and BMP BIO-15 (Use of Rodenticide) was added to Appendix C, Best Management Practices. Impacts associated with rodenticide use are similar to herbicide use; nonetheless, a discussion was added to page 76 of the IS/MND. No new significant impacts would occur. The County will provide CDFW with specific rodenticide use information during development of the annual work plan. Comment A-6: CDFW recommends incorporating four measures related to large woody material retention in the IS/MND. Response to Comment A-6: The County thanks CDFW for the input on large woody material and understand the importance of retaining such material, where possible, to provide habitat for fish and other wildlife. Additional information on this topic from the RMP Manual was added to the project description and BMP GEN-25 (Large Woody Material Retention) was added to Appendix C, Best Management Practices. Comment A-7: CDFW recommends that the County require compensatory mitigation at a minimum ratio of 3:1 (conserved habitat to impacted habitat) for permanent impacts and 1:1 (conserved habitat to impacted habitat) for temporary impacts to stream channels subject to CDFW permitting authority. Response to Comment A-7: The County thanks CDFW for their input on compensatory mitigation ratios for temporary and permanent impacts to stream channels. As part of the annual work plan, the County will coordinate closely with CDFW to develop appropriate mitigation ratios for temporary and permanent impacts to stream habitat. No revisions were made to the IS/MND. Comment A-8: CDFW requests the County to submit any special-status species and natural communities detected during project surveys to be submitted to the California Natural Diversity Database (CNDDB). Response to Comment A-8: County staff routinely submit special-status species occurrence reports to CDFW’s CNDDB and will continue to do so for surveys conducted for the proposed program. No revisions were made to the IS/MND. Comment Letter B – California Urban Streams Partnership Comment B-1: The California Urban Streams Partnership (CUSP) requests that the County develop a more formal process for assessing hazards related to beaver dams. CUSP also requests that the County notify watershed and environmental organizations and consult with CDFW prior to submitting a depredation permit application. Response to Comment B-1: The County appreciates CUSPs input on managing beaver dams in the County. After careful consideration, beaver dam management has been removed from the County’s Routine Maintenance Program as this activity is infrequent and uncommon and thus, is not considered routine. Beaver dam management activities will be handled on a case-by-case basis and permitted outside of the RMP, in close consultation with CDFW. No revisions were made to the IS/MND. Contra Costa County Routine Maintenance Program IS/MND Consideration of Comments Received during the Public Review Period October 2020 6 Comment Letter C – East Contra Costa County Habitat Conservancy Comment C-1: East Contra Costa County Habitat Conservancy (Conservancy) requests that the Conservancy be listed as a public agency whose approval is required for implementation of the program on page 11 of the IS/MND. Response to Comment C-1: Comment noted. The County understands that maintenance activities located within East County are within the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (ECC HCP/NCCP) which is implemented by the Conservancy. Thus, the proposed program would be required to comply with the permits and authorizations associated with the ECC HCP/NCCP. The Conservancy was added as public agency to page 11 of the IS/MND. Comment C-2: The Conservancy requests that the following sentence on page 26 of the IS/MND be deleted: “The ECC HCP/NCCP covers 174,018 acres and authorizes up to 11,853 acres of development impacts in areas managed by the Contra Costa Water District. Response to Comment C-2: Comment noted. The County deleted the sentence from page 26 of the IS/MND. Comment 3-3: The Conservancy suggests that the word “regulatory” be deleted on page 38 of the IS/MND. Response to Comment C-3: Comment noted. “Regulatory” was deleted from page 38 of the IS/MND. Comment Letter D – East Bay Municipal Utility District Comment D-1: East Bay Municipal Utility District (EBMUD) requests that the County reference the County Integrated Pest Management Plan, or other established plan to minimize the use of herbicides to the extent possible and to identify alternatives to herbicide use in channels on page 8 of the IS/MND. Response to Comment D-1: As of 2002, the Contra Costa County Public Works Department along with the Agriculture Department operate within the framework of the Integrated Pest Management (IPM) Policy which promotes the combined use of physical, cultural, biological and chemical control methods to effectively manage pests with minimal risk to humans and the environment. Consistent with the County’s IPM policy, the RMP uses an integrated approach of chemical and control methods including mechanical and biological (livestock) methods to manage vegetation in and around County facilities, including channels. The text was added to page 8 of the IS/MND. Comment D-2: EBMUD notes that steelhead are present in Pinole Creek and recommends changing the statement to “steelhead are present” on page B-3 of Appendix B, number 6 under the Tiered Category column of the table. Response to Comment D-2: The County thanks EBMUD for the updated information regarding the presence of steelhead in Pinole Creek and made the suggested revision to Table B-1 in Appendix B. Contra Costa County Routine Maintenance Program IS/MND Consideration of Comments Received during the Public Review Period October 2020 7 Comment D-3: EBMUD recommends including timing constraints for herbicide use in Pinole Creek to protect listed fish. Response to Comment D-3: Maintenance activities occurring in areas with a potential for special- status species, including fish, will be conducted between June 15 and October 15 as stated in BMP GEN-1: Work Windows in Appendix C, Best Management Practices of the IS/MND. No revisions were made to the IS/MND. Comment Letter E – Worth A Dam Comment E-1: Worth A Dam notes the environmental benefits of having beavers in the County as they create habitat for a variety of wildlife species and requests that the County consider the benefits of beavers as part of the decision-making process. Worth A Dam notes the success of installing a flow device to minimize flooding in the City of Martinez and recommends that the Manual contain recommendations regarding the preservation of beaver habitat wherever possible. Response to Comment E-1: The County appreciates Worth A Dam’s input on managing beaver dams in the County. After careful consideration, beaver dam management has been removed from the County’s Routine Maintenance Program as this activity is infrequent and uncommon and thus, is not considered routine. Beaver dam management activities will be handled on a case-by-case basis and permitted outside of the RMP, in close consultation with CDFW. The County looks forward to working collaboratively with Worth A Dam on this topic in the future. No revisions were made to the IS/MND. ERRATA The following revisions are hereby made to the IS/MND at the specified locations in response to comments discussed above. Underlined text is new text; strikeout text is deleted. Environmental Checklist 8. Description of Project On page 6, the following revisions were made: Rodent control involves filling in burrows occurring within the County’s earthen levees and dams with earthen material and the use of rodenticides. Rodenticides are only used at dam and reservoir sites when necessary to protect the structural integrity of the dam and when other less toxic alternatives are not available. Rodenticides are applied through bait stations to prevent non-target species from ingesting the rodenticide directly. Bait stations will be monitored regularly and modified as needed to ensure non-target wildlife are not accessing the bait. On page 8, the following revisions were made under “Herbicide Application:” As of 2002, the Contra Costa County Public Works Department along with the Agriculture Department operate within the framework of the Integrated Pest Management (IPM) Policy which promotes the combined use of physical, cultural, biological and chemical control methods to effectively manage pests with minimal risk to humans and the environment. According to the County’s IPM Policy, pesticides are used only after monitoring indicates that they are needed in Contra Costa County Routine Maintenance Program IS/MND Consideration of Comments Received during the Public Review Period October 2020 8 accordance with established guidelines. Treatments are then made with the goal of removing only target species. Consistent with the County’s IPM policy, the Maintenance Program uses an integrated approach of chemical and control methods including mechanical and biological (livestock) methods to manage vegetation in and around County facilities. On page 8, the following revisions were made: Targeted spot spraying (i.e., by handgun or truck sprayer) is the primary method of herbicide application along roads, parcels and County-maintained access roads adjacent to flood control channels, along channel banks (above water top of bank along the dry side of the levee [i.e., where contact with water is not anticipated]), and along fence lines. Application of herbicides to control terrestrial vegetation are applied at various times of the year (e.g., winter, spring, summer, or fall) depending on the active ingredient of the herbicide. Some herbicides are only applied 1 time a year and others may be applied up to 3 times per year. Herbicide active ingredients approved for upland use along access roads, channels banks (above top of bank), and fence lines include glyphosate, imazapyr, triclopyr TEA, aminopyralid, indaziflam, and prodiamine. Terrestrial herbicides are typically applied 2 to 3 times during the springtime to control broadleaf vegetation and post-emergent vegetation, and once during the fall or winter for pre-emergent vegetation. Typically, aquatic herbicide is used when vegetation impedes flow, decreases capacity, or creates a nuisance. Similar to other vegetation management activities, this activi ty is conducted to control non-native or invasive aquatic species (e.g., cattails and Parrotfeather [Myriophyllum aquaticum]) to ensure sufficient flow conveyance capacity. Aquatic herbicide application activities are typically performed between the months of April and October with limited aquatic herbicide use between the months of December and February. The County will only use herbicide active ingredients approved for aquatic use including glyphosate, triclopyr TEA, imazamox, and imazapyr. In addition, the County will only use adjuvants that are registered and approved for aquatic use in California and Washington, including Agri-Dex, Brandt Magnify, Break-Thru SP 133, Bronc Max, Competitor, Cygnet Plus, Dyne-Amic, LI 700, Liberate, MSO Concentrate, Pro AMS Plus and Spreader 90, which are considered non-toxic to salmonids. The County will coordinate with NMFS to include new herbicides/adjuvants as they are released under the Maintenance Program as necessary. The County will not apply any herbicide that is not labeled for aquatic use directly to water. Aquatic herbicide application is conducted in compliance with the Statewide General National Pollutant Discharge Elimination System (NPDES) Permit for Residual Aquatic Pesticide Discharges from Algae and Aquatic Weed Control Applications (State Water Resources Control Board [SWRCB] Water Quality Order 2013-0002-DWQ; General NPDES Permit CAG990005). As required by the General NPDES Permit, the County conducts aquatic herbicide applications according to a state-approved Aquatic Pesticide Application Plan (APAP). Aquatic herbicide application activities are typically performed between the months of April and October with limited aquatic herbicide use between the months of December and February. The County typically treats approximately 170 acres along access roads, 126 acres along channel banks (dry areas) and 76 acres of in-channel (aquatic) areas in an average year. Contra Costa County Routine Maintenance Program IS/MND Consideration of Comments Received during the Public Review Period October 2020 9 On page 8, the following revisions were made: Where feasible, the County will retain large woody material in open natural and earthen engineered creeks, particularly in Wildcat, Pinole, and San Pablo creeks to provide fish habitat as long as flood conditions are not exacerbated and public safety is not at risk. The County also considers the feasibility of repositioning or modifying the fallen tree in the channel in a manner that public safety is not at risk, necessary conveyance capacity is maintained, the potential for bank erosion is not increased, and the potential for pinning of the tree against a facility is not likely. In the event that a fallen tree cannot be retained on-site as large woody debris material due to limits in channel capacity, hydraulic flow risks, potential flow diversion and bank erosion, or other hazards, then fallen trees may be removed. In order to effectively manage large woody material in channels, the County will use a three- tiered, multi-disciplined approach. The three tiers, listed in order of decreasing priority are: 1) retain large woody material in the channel if feasible, 2) modify large woody material (e.g., cut fallen tree into 6-foot-long segments and/or reorient) instead of removing it, 3) remove large woody material from the channel. 10. Other public agencies whose approval is required (e.g., permits, financing , approval, or participation agreement On page 11, the following revisions were made under “Minor Maintenance Activities:” U.S. Army Corps of Engineers, San Francisco Bay and Central Valley Regional Water Quality Control Boards, California Department of Fish and Wildlife, U.S. Fish and Wildlife Service, East Contra Costa County Habitat Conservancy, and National Marine Fisheries Service Section 3.4, Biological Resources On page 26, the following revisions were made: The extent of the ECCC HCP/NCCP with respect to the program area is shown in Figure 8 in Appendix A. The ECCC HCP/NCCP covers 174,018 acres and authorizes up to 11,853 acres of development impacts in areas managed by Contra Costa Water District, among others. On page 38, the following revisions were made: “Regulatory” was deleted from page 38 of the IS/MND. Where proposed maintenance could affect an ECCC HCP/NCCP-covered resource, the County will complete and submit a PSR and provide mitigation in the form of fees or deeded land in lieu of fees to obtain regulatory coverage through the HCP/NCCP permits where deemed necessary by the Conservancy. Section 3.10, Hydrology and Water Quality On page 71, the following revisions were made: Use of Herbicides/Rodenticides Contra Costa County Routine Maintenance Program IS/MND Consideration of Comments Received during the Public Review Period October 2020 10 While herbicides would be applied in accordance with all applicable requirements and regulations, accidental release of herbicides or transport of applied herbicides, in stormwater runoff, to local surface waters could result in water quality impacts. Implementation of the following BMPs would require herbicides to be labeled, stored, and applied properly in accordance with manufacturer’s requirements; protect against potential impacts on water quality from the accidental spill of herbicides; and require compliance with all USEPA-mandated herbicide requirements pertaining to California red-legged frogs including minimizing the area and timing of use and requiring specific herbicide application techniques. Additionally, the use of rodenticides may have the potential to affect water quality. However, adherence to BMPs would limit rodenticide use to bait stations at reservoir/dam sites. • BMP GEN-6: On-Site Hazardous Materials Management • BMP GEN-8: Spill Prevention • BMP GEN-9: Spill Response • BMP GEN-17: Standard Herbicide Use and Application Requirements • BMP GEN-18: Herbicide Applicator Training • BMP BIO-15: Use of Rodenticides • BMP BIO-3: Protection of California Red-Legged Frog Appendix B, Anticipated Routine Maintenance Locations On page B-3, the following revision was made under the Tiered Category column for Pinole Creek of Table B-1: Steelhead are potentially present in this stream. Appendix C, Best Management Practices On page C-8, the following BMP was incorporated into the RMP: BMP GEN-25: Large Woody Material Retention. The following measures will be implemented to retain large woody material where feasible: • The County will only modify or remove large woody material (LWM) from streams when the accumulation of LWM poses a threat to: (1) road stability, bridges, culverts, or other in- stream structures; (2) structures such as homes; (3) project sites with a significant decrease in conveyance capacity which would increase the flood risk to previously described structures; and (4) project sites with an increase in erosion risk to property and increase sediment load. The County will only cut, notch or otherwise modify the minimum amount of stream wood to reduce the hazard with guidance from a consulting hydrologist or fluvial geomorphologist or certified civil engineer who has relevant experience evaluating and assessing LWM and County Environmental staff who understands the importance of balancing habitat protection and flood control needs. LWM will only be removed when such threats cannot be addressed by modifications. Contra Costa County Routine Maintenance Program IS/MND Consideration of Comments Received during the Public Review Period October 2020 11 • To preserve channel stability and prevent erosion, the County will avoid removing LWM that is embedded in the bank or channel. • When modifying log jams, the County will leave trees, logs and/or stumps in the longest lengths and diameters practicable. If logs must be cut from fallen trees, the County will leave as much as possible of the main trunk attached to the root ball and only cut branches that are obstructing flow. • All proposed LWM removal activities conducted by the County will be reviewed by a Qualified Biologist or consulting hydrologist or fluvial geomorphologist or certified civil engineer in coordination with County Environmental staff. Written concurrence from the Qualified Biologist or consulting hydrologist or fluvial geomorphologist or certified civil engineer and County Environmental staff will be provided with the notification of proposed activities. On page C-17, the following BMP was incorporated into the RMP: BMP BIO-15: Use of Rodenticides. Rodenticides will be used only at County dam/reservoir site and be subject to the following conditions: • The County will only use rodenticides when necessary to protect the structural stability of a dam and when other, less toxic alternatives are not available. • Rodenticide application will only be conducted after reconnaissance-level surveys have been completed for listed species with potential to occur in the area. If listed species that use rodents as prey and/or that could be attracted by baited traps are expected to occur, the County will coordinate with CDFW prior to application. • The County will apply rodenticides through bait stations to prevent non-target species from ingesting the rodenticide directly. Bait stations will be monitored regularly and modified as needed to ensure non-target wildlife are not accessing the bait. CONCLUSIONS The comments received on the IS/MND do not affect the IS/MND’s conclusions that the proposed program would not have any significant effects on the environment. With the clarifications provided above, no changes to the IS/MND are necessary, and no recirculation of the IS/MND is required. Contra Costa County Routine Maintenance Program IS/MND Consideration of Comments Received during the Public Review Period October 2020 12 This page intentionally left blank Contra Costa County Routine Maintenance Program IS/MND Consideration of Comments Received during the Public Review Period October 2020 13 Attachment A Comments Received on the IS/MND Contra Costa County Routine Maintenance Program IS/MND Consideration of Comments Received during the Public Review Period October 2020 14 This page intentionally left blank DocuSign Envelope ID: FE807137-D1BF-443A-8223-BCF1FAB1E279 State of California – Natural Resources Agency ​GAVIN NEWSOM, Governor DEPARTMENT OF FISH AND WILDLIFE ​CHARLTON H. BONHAM, Director ​Bay Delta Region 2825 Cordelia Road, Suite 100 Fairfield, CA 94534 (707) 428-2002 www.wildlife.ca.gov July 15, 2020 Ms. Ave’ Brown Contra Costa County Public Works Department 255 Glacier Drive Martinez, CA 94553 abrow@pw.cccounty.us Subject: Contra Costa County Routine Maintenance Program, Mitigated Negative Declaration, SCH No. 2020060286, Contra Costa County Dear Ms. Brown: The California Department of Fish and Wildlife (CDFW) received a Notice of Intent to Adopt a Mitigated Negative Declaration (MND) from Contra Costa County Flood Control and Water Conservation District and the Contra Costa County Public Works Department (collectively referred to as the County) for the Project pursuant the California Environmental Quality Act (CEQA) and CEQA Guidelines.​1 Thank you for the opportunity to provide comments and recommendations regarding those activities involved in the Project that may affect California fish and wildlife. Likewise, we appreciate the opportunity to provide comments regarding those aspects of the Project that CDFW, by law, may be required to carry out or approve through the exercise of its own regulatory authority under the Fish and Game Code. CDFW ROLE CDFW is a Trustee Agency with responsibility under CEQA §15386 for commenting on projects that could impact fish, plant or wildlife resources. CDFW is also considered a Responsible Agency if a project requires discretionary approval, such permits issued under the California Endangered Species Act (CESA) and the Native Plant Protection Act, the Lake and Streambed Alteration (LSA) Program, and other provisions of the Fish and Game Code that afford protection to the State’s fish and wildlife trust resources. REGULATORY REQUIREMENTS California Endangered Species Act Please be advised that a CESA Incidental Take Permit (ITP) must be obtained if the Project has the potential to result in “take” of plants or animals listed under CESA, either 1 ​CEQA is codified in the California Public Resources Code in section 21000 et seq. The “CEQA Guidelines” are found in Title 14 of the California Code of Regulations, commencing with section 15000. Conserving California’s Wildlife Since 1870  A-1 A-2 Comment Letter A DocuSign Envelope ID: FE807137-D1BF-443A-8223-BCF1FAB1E279 Ms. Ave’ Brown Contra Costa County Public Works Department July 15, 2020 Page 2 during construction or over the life of the Project. Issuance of a CESA Permit is subject to CEQA documentation; the CEQA document must specify impacts, mitigation measures, and a mitigation monitoring and reporting program. If the Project will impact CESA listed species, early consultation is encouraged, as significant modification to the Project and mitigation measures may be required in order to obtain a CESA Permit. CEQA requires a Mandatory Finding of Significance if a project is likely to substantially restrict the range or reduce the population of a threatened or endangered species. (Pub. Resources Code, §§ 21001, subd. (c), 21083; CEQA Guidelines, §§ 15380, 15064, and 15065). Impacts must be avoided or mitigated to less-than-significant levels unless the CEQA Lead Agency makes and supports Findings of Overriding Consideration (FOC). The CEQA Lead Agency’s FOC does not eliminate the Project proponent’s obligation to comply with Fish and Game Code section 2080. Lake and Streambed Alteration CDFW requires an LSA Notification, pursuant to Fish and Game Code section 1600 et. seq., for Project activities affecting lakes or streams and associated riparian habitat. Notification is required for any activity that may substantially divert or obstruct the natural flow; change or use material from the bed, channel, or bank including associated riparian or wetland resources; or deposit or dispose of material where it may pass into a river, lake or stream. Work within ephemeral streams, washes, watercourses with a subsurface flow, and floodplains are subject to notification requirements. CDFW will consider the CEQA document for the Project and may issue an LSA Agreement. CDFW may not execute the final LSA Agreement (or ITP) until it has complied with CEQA as a Responsible Agency. PROJECT DESCRIPTION SUMMARY Proponent: ​Contra Costa County Flood Control and Water Conservation District and the Contra Costa County Public Works Department Objective: ​The County is responsible for conducting routine maintenance activities throughout Contra Costa County to ensure that facilities are properly functioning and operational. The County developed the Routine Maintenance Program Manual to describe the various routine maintenance activities conducted by the County. Primary maintenance activities include culvert repair and replacement; sediment removal from channels, basins, and culverts; trash and debris removal; and vegetation trimming and removal along and within channels. COMMENTS AND RECOMMENDATIONS CDFW offers the following comments and recommendations below to assist the County in adequately identifying and/or mitigating the Project’s significant, or potentially DocuSign Envelope ID: FE807137-D1BF-443A-8223-BCF1FAB1E279 Ms. Ave’ Brown A-2 Cont. Contra Costa County Public Works Department July 15, 2020 Page 3 significant, direct and indirect impacts on fish and wildlife (biological) resources. Editorial comments or other suggestions may also be included to improve the document. Impacts from Beaver Dam Modification or Removal In recent conversations with CDFW, the County has expressed interest in removing or modifying beaver dams as a part of their Routine Maintenance Program; however, these activities are not identified in the MND. Unlike debris, which is defined in the MND as non-sedimentary materials that are deposited as a result of high flows or through human activity, beaver dams are wildlife habitat with significant environmental value. Beavers and their dams are an important resource for restoring and maintaining anadromy (Bouwes et al. 2016) and provide in-channel habitat for a variety of wildlife, including native fish, amphibians, birds, and mammals. Routine, county-wide modification or removal of these habitat features may result in significant impacts to biological resources. In addition, beavers are ecosystem engineers and negatively impacting this species throughout the county will result in a synergistic level of environmental impacts which should be analyzed and fully mitigated to a level of less than-significant in the MND. CDFW recommends addressing these impacts in mitigation measures that clearly indicate triggers necessitating dam removal, methods for deconstruction, and measures to minimize impacts to beavers, native fish, and other native wildlife species. To reduce this significant impact to a level of less-than-significant, CDFW recommends the following mitigation measure be incorporated in the IS/MND: Recommended Mitigation Measure 1: Beaver Dam Assessment and Modification Beaver dams within natural or engineered earthen channels shall be evaluated by a hydrologist or fluvial geomorphologist. If the hydrologist/fluvial geomorphologist determine that the beaver dam will: (1) substantially obstruct water flow, (2) reduce channel capacity, (3) increase the risk of flooding, (4) accelerate erosion, or (5) damage existing County-maintained facilities (e.g., culverts, bridges, etc.), the hydrologist/fluvial geomorphologist shall prepare a Beaver Dam Assessment and Modification Plan with a focus to maintain the ecological functionality of the dam and beavers to the maximum extent feasible. The Beaver Dam Assessment and Modification Plan shall summarize and quantify the threat of the beaver dam, and prescribe a detailed methodology for modifying the dam to reduce or eliminate the risk of flooding, erosion, and/or damage to County facilities. For the purposes of a Routine Maintenance Program, beaver dam modifications should be limited to installation and maintenance of “pond leveling” devices only. DocuSign Envelope ID: FE807137-D1BF-443A-8223-BCF1FAB1E279 A-3 Timing and Use of Aquatic Herbicides The MND identifies the use of aquatic herbicides as a Routine Maintenance activity but limits the description of use to the timing of application (April through October) and compliance with existing laws and regulations. An MND should be prepared with 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 (CEQA Guidelines ​§15151). To allow full contemplation of potentially significant impacts and the efficacy of associated mitigation measures, ​CDFW recommends that the County revise the aquatic herbicide impact analysis to include the following information within the MND: (1) the types and relative quantities of aquatic herbicides to be used on an annual basis; (2) frequency of herbicide use at each site; (3) anticipated area of impact for each application; and (4) any use of terrestrial herbicides in habitat adjacent to the project sites that may compound the impacts of herbicides on aquatic wildlife. If after revising the analysis the County identifies significant impacts, then the County should revise the MND to include mitigation measures to offset these impacts to a ​less-than-significant​. Use of Rodenticides In recent conversations with CDFW, the County identified that it currently uses rodenticides at reservoir and dam sites as a part of its Routine Maintenance Program and requested that this use of rodenticide be included in the County’s Routine Maintenance Agreement. However, the use of rodenticides at reservoir and dam sites is not contemplated within this MND. The use of rodenticides may result in a potentially significant impacts to non-target wildlife. Anticoagulant rodenticides, including diphacinone, have been detected in the majority of predators and scavengers tested in California (Hosea 2000), including bobcats (​Lynx rufus​; Serieys et al. 2015) and raptors (Kelly et al. 2015). CDFW recommends the County revises the MND to identify: (1) alternative or concurrent methods for long-term rodent control, including the landscape management techniques identified in the MND; (2) triggers for deploying the use of rodenticides; (3) how, when, where, and in what quantities rodenticides will be used; (4) mitigation measures to reduce the risk of non-target impacts to wildlife. Acute rodenticides, such as zinc phosphide, and fumigants carry much less risk of secondary exposure in wildlife and should be prioritized over anticoagulant rodenticides. To reduce this significant impact to a level of ​less-than-significant​, CDFW recommends that rodenticides—anticoagulant or non-anticoagulant—be applied through bait stations and not broadcast in the environment in order to prevent non-target species from ingesting it directly. Bait stations should be monitored regularly and modified as needed to ensure that non-target wildlife are not accessing the bait. DocuSign Envelope ID: FE807137-D1BF-443A-8223-BCF1FAB1E279 Large Woody Material The County identified that large woody material (LWM) will be retained where feasible in open natural or earthen engineered channels in Wildcat, Pinole, and San Pablo creeks. LWM provides natural in-stream habitat and shelter for native fish and amphibians and A-4 A-5 A-6 would provide ecosystem benefits to Contra Costa streams in general, not just those listed within the MND. Removal of LWM in streams throughout the County is a significant impact. CDFW ​recommends the following mitigation measures be incorporated in the MND for all perennial and fish-bearing streams within the Routine Maintenance Program to reduce this significant impact to a level of less-than-significant​: Recommended Measure 2: ​Threat to In-Stream Structures The County shall only modify large woody material (LWM) from streams when the accumulation of LWM poses a threat to: (1) road stability, bridges, culverts, or other in stream structures; (2) structures such as homes; (3) project sites with a significant increase in flooding risk that would impact previously described structures; and (4) project sites with an increase in erosion risk to property and increase sediment load. The County shall only cut, notch or otherwise modify the minimum amount of stream wood to reduce the hazard as directed by a hydrologist or fluvial geomorphologist. LWM shall only be removed when such threats cannot be addressed by modifications. Recommended Measure 3: LWM Height Limit The County shall limit modifications and/or removal of LWM that extends higher than two feet above the existing streambed grade, unless the LWM is immediately upstream and threatening a culvert, bridge, house or other public structure (see Measure 2.12). To preserve channel stability and prevent erosion, the County shall avoid removing LWM that is embedded in the bank orchannel. Recommended Measure 4: Length of LWM When modifying log jams, the County shall leave trees, logs and/or stumps in the longest lengths and diameters practicable. If logs must be cut from fallen trees, the County shall leave as much as possible of the main trunk attached to the root ball and only cut branches that are obstructing flow. Recommended Measure 5: Review of LWM Removal Activities All proposed LWM removal activities shall be reviewed and approved by a Qualified Biologist and hydrologist or fluvial geomorphologist. Written concurrence from the Qualified Biologist hydrologist or fluvial geomorphologist shall be provided with the notification of proposed activities (Measure4.1). Compensatory Mitigation for In-Channel Impacts The MND indicates that compensatory mitigation for permanent and temporary impacts to wetlands and other waters in eastern Contra Costa County will be achieved through payment of wetland mitigation fees to the East Contra Costa County Habitat Conservancy (Conservancy). However, the Conservancy does not provide coverage for fish habitat, including in-channel impacts to perennial streams. To reduce impacts to fish habitat to a level of less-than-significant, CDFW recommends that the County require compensatory mitigation at a minimum ratio of 3:1 (conserved habitat to A-6 Cont. A-7 impacted habitat) for ​permanent impacts and 1:1 ​(conserved habitat to impacted habitat) ​for temporary impacts to stream channels subject to CDFW permitting authority under Fish and Game Code 1602. ​Mitigation lands should be protected in perpetuity under a conservation easement and be managed in perpetuity through an endowment with an appointed land manager. The easement should be held by a governmental entity, special district, non-profit organization, for-profit entity, person, or another entity to hold title to and manage the property provided that the district, organization, entity, or person meets the requirements of Government Code sections 65965-65968, as amended. As the state’s trustee for fish and wildlife resources, CDFW should be named as a third-party beneficiary under the conservation easement. Otherwise, CDFW is available to coordinate with the County on a comprehensive compensatory mitigation program to provide a greater level of flexibility if needed. ENVIRONMENTAL DATA CEQA requires that information developed in environmental impact reports and negative declarations be incorporated into a database which may be used to make subsequent or supplemental environmental determinations. [Pub. Resources Code, § 21003, subd. (e)]. Accordingly, please report any special-status species and natural communities detected during Project surveys to the California Natural Diversity Database (CNDDB). The CNNDB field survey form can be found at the following link: https://wildlife.ca.gov/Data/CNDDB/Submitting-Data#44524420-pdf-field-survey-form​. The completed form can be mailed electronically to CNDDB at the following email address: ​CNDDB@wildlife.ca.gov​. The types of information reported to CNDDB can be found at the following link: ​https://wildlife.ca.gov/Data/CNDDB/Plants-and-Animals​. CONCLUSION CDFW appreciates the opportunity to comment on the IS/MND to assist the County in identifying and mitigating Project impacts on biological resources. Questions regarding this letter or further coordination should be directed to Ms. Jennifer Rippert, Environmental Scientist, at (707) 428-2069 or Jennifer.Rippert@wildlife.ca.gov​; or Ms. Melissa Farinha, Senior Environmental Scientist (Supervisory), at (707) 944-5579 or ​ Melissa.Farinha@wildlife.ca.gov​. Sincerely, Gregg Erickson Regional Manager Bay Delta Region cc: State Clearinghouse REFERENCES A-7 Cont. A-8 Bouwes, N., N. Weber, C.E. Jordan, W.C. Saunders, I.A. Tattam, C. Volk, J.M. Wheaton, and M.M. Pollock. 2016. Ecosystem experiment reveals benefits of natural and simulated beaver dams to a threatened population of steelhead (​Oncorhynchus mykiss​). ​Scientific Reports ​6:28581. Hosea, R.C. 2000. Exposure of non-target wildlife to anticoagulant rodenticides in California. Proceedings of the 19​th ​Vertebrate Pest Conference. Published at UC Davis. Kelly, T.R., R.H. Poppenga, L.A. Woods, Y.Z. Hernandez, W.M. Boyce, F.J. Samaniego, S.G. Torres, C.K. Johnson. 2015. Causes of mortality and unintentional poisoning in predatory and scavenging birds in California. Vet Record Open. Serieys, L.E., T.C. Armenta, J.G. Moriarty, E.E. Boydston, L.M. Lyren, R.H. Poppenga, K.R. Crooks, R.K. Wayne, and S.P.D. Riley. 2015. Anticoagulant rodenticides in urban bobcats: exposure, risk factors and potential side effects based on a 16- year study. Ecotoxicology 24:844-862. California Urban Streams Partnership • 2150 Allston Way, Suite 460 • Berkeley, CA 94704 A project of Earth Island Institute • 510-932-2370 • CUStreams@gmail.com Ave Brown Contra Costa County Public Works 255 Glacier Road Martinez, Ca. 94553 Date: July 10, 2020 Re; Contra Costa County Routine Maintenance Program and Manual State Clearing House # 2020060286 ave.brown@pw.cccounty.us state.clearinghouse@opr.ca.gov diane.burgis@bos.cccounty.us Dear Ms. Brown, We are writing to comment on the Contra Costa County Routine Maintenance Program and manual. The California Urban Streams Partnership is an organization active in assisting property owners in the county with managing the creeks on their properties. CUSP is very concerned that the county applied for a depredation permit to eliminate beaver on Marsh Creek and followed through with shooting some beaver a few weeks ago. CUSP, American Rivers and Worth A Dam met with County Supervisor Diane Bergis to seek a more formal process of assessing whether beaver are an actual hazard and involve knowledgeable biologists before beaver are killed on Contra Costa County creeks. The Supervisor let us know that she opposes killing beaver and favors a more thoughtful process moving forward that better involves public and expert input. The CUSP recommends that a section be added to the Contra Costa County Routine Maintenance Manual that requires noticing watershed and environmental organizations active in the county before a depredation permit application occurs. The county should use a team of experts which include environmental specialists from the California \ Department of Fish and Wildlife Habitat Conservation Program before making a decision to submit depredation permits. The management of beaver on Alhambra Creek in Martinez involves a model to apply county wide in which non-lethal alternative solutions were used to assure that the wildlife does not cause flood damages while protecting wildlife. Sincerely, Jackie Van Der Hout CUSP Outreach Director B-1 Comment Letter B Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 11 June 2020 Initial Study/Mitigated Negative Declaration As proposed by this Routine Management Program, the BMPs identified in Table C-1 in Appendix C of this IS/MND are incorporated into the project. The BMPs apply to both non-ground and ground-disturbing activities. At the conclusion of each maintenance season (generally after October 31 and before January 31), the County would prepare and submit to the relevant regulatory agencies an annual summary report describing maintenance activities completed that year and track mitigation needs for the proposed program. 9.Surrounding Land Uses and Setting: Various. 10.Other public agencies whose approval is required (e.g., permits, financing, approval, or participation agreement: U.S. Army Corps of Engineers, San Francisco Bay and CentralValley Regional Water Quality Control Boards, California Department of Fish and Wildlife,U.S. Fish and Wildlife Service, and National Marine Fisheries Service. 11.Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.?Wilton Rancheria submitted a general request letter to be notified of projects within ContraCosta County under Assembly Bill (AB) 52. The County officially notified Wilton Rancheriaabout the proposed program in a letter dated April 24, 2019. No request for consultation orinformation about potential resources was received from the tribe. See Section 18.0, TribalCultural Resources, for additional information regarding this topic. Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages. Aesthetics Greenhouse Gas Emissions Public Services Agriculture and Forestry Resources Hazards & Hazardous Materials Recreation Air Quality Hydrology/Water Quality Transportation Biological Resources Land Use/Planning Tribal Cultural Resources Cultural Resources Mineral Resources Utilities/Services Systems Energy Noise Wildfire Geology/Soils Population/Housing Mandatory Findings of Significance C-1 Comment Letter C Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 26 June 2020 Initial Study/Mitigated Negative Declaration As described in the project description above, the program area includes three regions: (1) West Contra Costa County (West County); (2) Central Contra Costa County (Central County); and (3) East Contra Costa County (East County). Proposed maintenance activities located in East County are within the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (ECCC HCP/ NCCP) inventory area and are covered activities under section 2.3.1, Activities within the Urban Development Area and Section 2.3.3, Rural Infrastructure Operation and Maintenance Activities. The ECCC HCP/NCCP is intended to provide an effective framework to protect natural resources and special-status species recovery in East County while improving and streamlining the environmental permitting process for impacts on these species and associated habitats. The ECCC HCP/NCCP has been implemented by the East Contra Costa County Habitat Conservancy (Conservancy), the joint powers of authority formed by the participating agencies since 2008 (East Contra Costa County Habitat Conservancy 2007). The Conservancy oversees assembly and operation of the ECCC HCP/NCCP and ensures compliance with all terms of the HCP/NCCP and permit authorizations. The extent of the ECCC HCP/NCCP with respect to the program area is shown in Figure 8 in Appendix A. The ECCC HCP/NCCP covers 174,018 acres and authorizes up to 11,853 acres of development impacts in areas managed by Contra Costa Water District, among others. The ECCC HCP/NCCP provides take authorization for 28 special-status species, including 9 federally protected species (listed in Table 4 below). Contra Costa County is a signatory of the ECCC HCP/NCCP and its activities are eligible for coverage by the associated regulatory permits, which include a U.S. Fish and Wildlife Service (USFWS) Biological Opinion and Endangered Species Act Section 10(a)(1)(b) Permit, California Department of Fish and Game (now CDFW) NCCP Permit, and U.S. Army Corp of Engineers Regional General Permit (RGP 1). The ECCC HCP/NCCP covers several terrestrial and aquatic land cover types, including riparian woodland/scrub, emergent wetlands, and aquatic (or open water), and streams, as well as the special-status species included in Table 4. Table 4. Species Covered under the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan Wildlife Longhorn fairy shrimp (Branchinecta longiantenna) Giant garter snake (Thamnophis gigas) Vernal pool fairy shrimp (Branchinecta lynchi) Western pond turtle (Emys [=Actinemys] marmorata) Midvalley fairy shrimp (Branchinecta mesovallensis) Tricolored blackbird (Agelaius tricolor) Vernal pool tadpole shrimp (Lepidurus packardi) Golden eagle (Aquila chrysaetos) California tiger salamander (Ambystoma californiense) Western burrowing owl (Athene cunicularia hypugea) California red-legged frog (Rana draytonii) Swainson’s hawk (Buteo swainsoni) Foothill yellow-legged frog (Rana boylii) Townsend’s western big-eared bat (Corynorhinus townsendii townsendii) C-2 Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 38 June 2020 Initial Study/Mitigated Negative Declaration f.Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?As described in Sections 4.0(a) and (b), maintenance activities in East County would occur in areas covered under the ECCC HCP/NCCP. Thus, proposed maintenance activities located in East County would comply with the conditions and authorizations for the HCP/NCCP. Where proposed maintenance could affect an ECCC HCP/NCCP-covered resource, the County will complete and submit a PSR and provide mitigation in the form of fees or deeded land in lieu of fees to obtain regulatory coverage through the HCP/NCCP permits where deemed necessary by the Conservancy. Therefore, the proposed program would not conflict with the provisions of an adopted HCP/NCCP occur and a less than significant impact would occur. Sources of Information East Contra Costa County Habitat Conservancy. 2007. Final East Contra Costa Habitat Conservation Plan and Natural Community Conservation Plan. Updated December. Available: https://www.contracosta.ca.gov/depart/cd/water/HCP/archive/final-hcp-rev/final_hcp_nccp.html. Accessed: January 24, 2020. C-3 �D EASTBAY <._/_> MUNICIPAL UTILITY DISTRICT July 10, 2020 Ave Brown, Principal Analyst Contra Costa County Public Works Department 255 Glacier Drive Martinez, CA 94533 Re: Notice of Public Review and Intent to Adopt a Proposed Mitigated Negative Declaration -Contra Costa County Routine Maintenance Program (County File No. 19-26) Dear Ms. Brown: East Bay Municipal Utility District (EBMUD) appreciates the opportunity to comment on the Mitigated Negative Declaration (MND) for the Contra Costa County Routine Maintenance Program located in Contra Costa County (County). EBMUD has the following comments. On page 8, under Herbicide Application, the County should reference any available County policy, Integrated Pest Management Plan, or established protocol to minimize the use of herbicides to the extent possible, and identify alternatives to herbicide use in channels. On page B-3 of Appendix B, Item No. 6 in the table, under the Tiered Category column, EBMUD recommends changing the statement that "steelhead are potentially present" to "steelhead are present". EBMUD fisheries monitoring has determined the presence of a persistent steelhead population in Pinole Creek and documented the findings in the 2019 Contra Costa Resource Conservation District's Pinole Creek I-80 Fish Passage Project Fisheries Monitoring Report. On page C-16 of Appendix C, BIO-13 states "to avoid potential impacts to fish associated with aquatic herbicide application in Wildcat Basin, herbicide application will be limited to occur from September 1 to October 31" but does not state herbicide limits to protect fish in Pinole Creek despite documented steelhead populations. If herbicide limits have not been set because herbicides will not be used in Pinole Creek, the text should clearly state so. 375 ELEVENTH STREET • OAKLAND • CA 94607-4240 • TOLL FREE 1-866-40-EBMUD D-1 D-2 D-3 Comment Letter D Ave Brown, Principal Analyst July 10, 2020 Page2 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, Yov~ ?["17-~L~ David J. Rehnstrom Manager of Water Distribution Planning DJR:WTJ:btf sb20_139 .doc Ave Brown Contra Costa County Public Works 255 Glacier Road Martinez, Ca. 94553 Date: July 15, 2020 Re: Contra Costa County Routine Maintenance Program and Manual Dear Ms. Brown, We are writing to comment on the Contra Costa County Routine Maintenance Program and manual. Worth A Dam originally advocated for the beavers in Martinez, CA and now educates cities generally about how coexistence can benefit urban streams. In March we were consulted about the beaver issue in Marsh Creek. We later learned that the matter had drawn attention from the Conservation of habitat unit of CDFW. A site visit by environmental scientist Jennifer Rippert occurred who recommended preserving the habit through coexistence by connecting with friends of Marsh Creek to access tools and education. We were especially concerned to learn that despite these best efforts to resolve the issue non-lethally a depredation permit was pursued and 2 beavers were killed. We wanted to draw your attention to the value of beaver as an “Umbrella Species” creating habitat for others that merit protection. This includes amphibians, fish, birds and mammals. In fact several of the species you outline for protection in “Mandatory findings of significance” are dramatically benefitted by beaver ponds and subsequently harmed by their removal. Take, for instance, the redlegged frog which has been documented in research conducted in nearby Vaqueros reservoir to benefit from lotic habitat created by1 Another species of concern noted, the Tiger salamander, has been observed by USDA to benefit from beaver ponds2. And perhaps most dramatically, and the subject of current legal action, are steelhead and salmon.3 We would argue that best practices dictate when concerns for beaver activity warrant intervention that the likely benefit of beaver ecosystem services be weighed against whatever concerns are noted. Damage to trees can be easily averted by wrapping with wire, and Martinez successfully showed that flooding can be averted by means of a successfully installed flow device. Better tools can make more vibrant and sustaining creeks and beaver can be a benefit to the greenbelt4. The maintenance manual should contain recommendations that beaver habitat be preserved whenever possible. Heidi Perryman, Ph.D. President & Founder Worth A Dam 1 Alvarez, J. A., et al er. 2013. Comparative microhabitat characteristics as oviposition sites of the California red-legged frog. Herpetological Conservation and Biology 8:539–551. 2 Smith, B. (2003) Conservation Assessment of the Tiger Salamander in the Black Hills National Forest, South Dakota and Wyoming. United States Department of Agriculture Forest Service Rocky Mountain Region Black Hills National Forest Custer, South Dakota May. 3 Pollock, M. (2013) Working with beaver to restore salmon habitat, Interim Report. NOAA Northwest Fisheries Science Center: Seattle, WA. 4 Bailey, D. R., et al (2018). Reintegrating the North American beaver ( Castor canadensis ) in the urban landscape. Wiley Interdisciplinary Reviews: Water:e1323.. E-1 Comment Letter E CONTRA COSTA COUNTY ROUTINE MAINTENANCE PROGRAM Final Initial Study/Mitigated Negative Declaration October 2020 For additional accessibility assistance with this document, please contact the Contra Costa County Public Works Department at (925) 313-2000, [fax to: (925)- 313-2333/Email to admin@pw.cccounty.us], or through the California Relay Service by dialing 711. Contra Costa County Routine Maintenance Program i October 2020 Initial Study/Mitigated Negative Declaration Table of Contents Environmental Checklist .......................................................................................................... 1 Determination ......................................................................................................................... 14 Aesthetics ...................................................................................................................... 15 Agriculture and Forestry Resources .............................................................................. 19 Air Quality ...................................................................................................................... 21 Biological Resources ...................................................................................................... 27 Cultural Resources ......................................................................................................... 41 Energy ............................................................................................................................ 47 Geology, Soils, and Seismicity ........................................................................................ 50 Greenhouse Gas Emissions ............................................................................................ 55 Hazards and Hazardous Materials ................................................................................. 58 Hydrology and Water Quality ........................................................................................ 69 Land Use and Planning .................................................................................................. 77 Mineral Resources ......................................................................................................... 79 Noise .............................................................................................................................. 80 Population and Housing ................................................................................................ 90 Public Services ............................................................................................................... 91 Recreation...................................................................................................................... 93 Transportation ............................................................................................................... 94 Tribal Cultural Resources ............................................................................................... 98 Utilities and Service Systems ....................................................................................... 101 Wildfire ........................................................................................................................ 104 Mandatory Findings of Significance............................................................................. 108 References ........................................................................................................................... 116 Appendices Appendix A Figures Appendix B Anticipated Routine Maintenance Locations Appendix C Best Management Practices Appendix D Mitigation Monitoring and Reporting Program Appendix E CalEEmod Air Quality Modeling Appendix F Noise Modeling Appendix G Contra Costa County Routine Maintenance Program Manual List of Tables Table 1. BAAQMD California Environmental Quality Act Thresholds of Significance for Criteria Air Pollutants ........................................................................... 23 Table 2. Proposed Program’s Daily Maintenance Emissions Summary (pounds/day) ................................................................................................................. 23 Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program ii October 2020 Initial Study/Mitigated Negative Declaration Table 3. Proposed Program’s Annual Maintenance Emissions Summary (tons/year) ..................................................................................................................... 24 Table 4. Species Covered under the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan .......................................... 28 Table 5. Previously Identified Cultural Resource Types within 200 feet of Channels and Basins ...................................................................................................... 43 Table 6. Program Activities Fossil Fuel Use ................................................................................. 48 Table 7. County Flood Control Channels within 0.25-Mile of a School ....................................... 61 Table 8. General Plan and Noise Ordinance Standards ............................................................... 81 Table 9. Predicted Noise Levels of Heavy Equipment and Distances to Applicable Noise Thresholds ......................................................................................... 84 Table 10. Construction Equipment and Vibration Distance .......................................................... 87 Table 11. Native American Consultation List ................................................................................ 99 Table 12. Summary of Cumulative Flood Control Projects in the County ................................... 109 Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program iii October 2020 Initial Study/Mitigated Negative Declaration Acronyms and Abbreviations A AB Assembly Bill AC Transit Alameda-Contra Costa Transit District ALUCP Airport Land Use Compatibility Plan APAP Aquatic Pesticide Application Plan APN Assessor Parcel Number B BAAQMD Bay Area Air Quality Management District BART Bay Area Rapid Transit BMP Best Management Practice C CalEEMod California Emissions Estimator Model CAL FIRE California Department of Forestry and Fire Protection CALVEG Classification and Assessment with Landsat of Visible Ecological Groupings CARB California Air Resource Board CBC California Building Code CBSC California Building Standards Code CCTA Contra Costa Regional Transportation Authority CDFW California Department of Fish and Wildlife CEC California Energy Commission Central County Central Contra Costa County CEQA California Environmental Quality Act CFR Code of Federal Regulations CMP corrugated metal pipe CNDDB California Natural Diversity Database CNEL community noise equivalents CO carbon monoxide CO2 carbon dioxide COLD cold freshwater habitat COMM commercial and sport fishing Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program iv October 2020 Initial Study/Mitigated Negative Declaration County Contra Costa County Public Works Department and Contra Costa County Flood Control and Water Conservation District CPUC California Public Utilities Commission CRHR California Register of Historical Resources D dB decibels dBA weighted decibel scale Department Contra Costa County Public Works Department District Contra Costa County Flood Control and Water Conservation District DOC California Department of Conservation DPM Diesel particulate matter DPS Distinct Population Segments DNL day-night average sound level DTSC California Department of Toxic Substances Control E East County East Contra Costa County EBRPD East Bay Regional Park District ECCC HCP/NCCP East Contra Costa County Habitat Conservation Plan and Natural Community Conservation Plan EIR Environmental Impact Report EMFAC Emission Factor EO Executive Order F FEMA Federal Emergency Management Agency FHWA Federal Highway Administration FIRM Flood Insurance Rate Maps FRSH freshwater replenishment FTA Federal Transit Administration Fugitive Dust PM10/PM2.5 G GHG Greenhouse gas H HCP Habitat Conservation Plan I Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program v October 2020 Initial Study/Mitigated Negative Declaration I- Interstate IS/MND Initial Study/Mitigated Negative Declaration in/sec Inches per second L Leq equivalent continuous sound level M MIGR fish migration MTCO2e/year metric tons of carbon dioxide equivalents per year N NAHC Native American Heritage Commission NCCP Natural Community Conservation Plan NHPA National Historic Preservation Act NOx nitrogen oxides NPDES National Pollutant Discharge Elimination System O OHWM ordinary high water mark OSHA Occupational Safety and Health Administration P PM particulate matter PPE personal protective equipment PPV peak particle velocity PRC Public Resources Code project or proposed program Contra Costa County Routine Maintenance Program R RARE rare and endangered species RCP reinforced concrete pipe REC-1 water contact recreation REC-2 noncontact water recreation RGP Regional General Permit RMA Routine Maintenance Agreement ROG Reactive organic gas ROW right-of-way Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program vi October 2020 Initial Study/Mitigated Negative Declaration RPS Renewables Portfolio Standard RWQCB Regional Water Quality Control Board S SB Senate Bill SFBAAB San Francisco Bay Area Air Basin SPWN fish spawning SR State Route SWRCB State Water Resources Control Board T TAC Toxic air contaminant TCR Tribal Cultural Resources U USACE U.S. Army Corps of Engineers USC United States Code USEPA U.S. Environmental Protection Agency USFWS U.S. Fish and Wildlife Service V VdB vibration velocity in decibels VMT vehicle miles traveled VOC Volatile Organic Compound W WARM warm freshwater habitat West County West Contra Costa County WILD wildlife habitat Contra Costa County Routine Maintenance Program 1 October 2020 Initial Study/Mitigated Negative Declaration ENVIRONMENTAL CHECKLIST 1. Project Title Contra Costa County Routine Maintenance Program 2. Lead Agency Name and Address Contra Costa County Department of Conservation and Development 30 Muir Rd. Martinez, CA 94553 3. Contact Person, Phone Number and Email Avé Brown Principal Analyst Contra Costa County Public Works Department (925) 313-2311 ave.brown@pw.cccounty.us 4. Project Location and APN The program area is located in Contra Costa County, California as shown in Figure 1 in Appendix A. The program area is organized by three general regions: (1) West County, which includes maintenance facilities in Richmond, San Pablo, Pinole, and Rodeo; (2) Central County which includes facilities in Danville, Alamo, San Ramon, Walnut Creek, Pleasant Hill, Concord, Martinez, and Pittsburg; and (3) East County which includes facilities in Brentwood, Discovery Bay, Oakley and Antioch. Within these three regions, the program area includes routine maintenance activities at County-maintained flood control channels, basins, bridges, access roads and ramps and other minor storm drainage facilities. Note that the program area does not include all locations throughout Contra Costa County as several incorporated cities are responsible for operating and maintaining their own flood control and storm drainage facilities. Figures 2 through 7 in Appendix A provide additional sub-regional maps of the program area. Various Assessor Parcel Numbers (APNs) 5. Property Owner(s) Contra Costa County 6. General Plan Designation Various 7. Zoning Various 8. Description of Project: The Contra Costa County Flood Control and Water Conservation District (District) and the Contra Costa County Public Works Department (Department) (collectively referred to as Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 2 October 2020 Initial Study/Mitigated Negative Declaration County) are both responsible for conducting routine maintenance activities throughout Contra Costa County. The Contra Costa County Routine Maintenance Program (project or proposed program) is designed to provide a more comprehensive and consistent approach to conducting routine maintenance activities at County flood control facilities, including but not limited to channels, creeks, culverts, bridges, and basins. To date, the County has developed, permitted, and conducted maintenance activities as individual discrete actions, which is costly due to permitting delays and has resulted in increased risk of flooding, failure, or accelerated erosion. The objectives of the proposed program include:  Maintain the functional integrity and operational capacity of County flood control facilities and roads. This includes maintaining existing flood control channels, creeks, culverts, bridges, dams, basins, and other facilities owned and managed by the County (e.g., access roads) to ensure that they perform their operational functions. Maintenance also involves managing vegetation along County-maintained access roads on channel slopes.  Provide flood protection to County properties and residents through the maintenance of flood control facilities. This involves removing sediment in channels where sediment accumulation reduces functional capacity, reduces flow conveyance, or increases the flood hazard and safety risk.  Avoid and minimize potential impacts to the natural environment when conducting maintenance activities by incorporating detailed appraisals of habitat, species, and resource conditions while identifying maintenance needs and developing maintenance plans.  Protect and enhance the natural environment at County facilities.  Provide cost-effective service and value for citizen taxes and public funding. The proposed program addresses maintenance of the following primary facilities:  concrete bed and bank channels,  concrete bed with riprap bank channels,  concrete bed with earthen bank channels,  earthen bed and bank channels,  earthen bed and riprap bank channels,  earthen bed with concrete bank channels,  sediment basins,  reinforced concrete pipe (RCP) or concrete box culverts,  corrugated metal pipe (CMP) culverts,  bridges,  access roads,  levees, and  dams. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 3 October 2020 Initial Study/Mitigated Negative Declaration The proposed program also includes maintenance of minor facilities including flap gates, sub-drain vaults, storm drain outlets, water diversion inlets, trash racks, and other trash capture devices. Other minor maintenance activities such as downed tree repositioning or removal occur on an as-needed basis within natural creek channels. Table B-1 included in Appendix B to this Initial Study/ Mitigated Negative Declaration (IS/MND) identifies facilities where maintenance is anticipated to occur under the proposed program in the next 5-10 years; however, these sites do not represent the entirety of possible maintenance locations as it is impossible to know every site at this time. The proposed program only includes maintenance activity types described below. It should also be noted that many of the maintenance activities described below are similar to those that the County currently conducts. Thus, there would not be an increase in maintenance work under the proposed program compared to the existing condition. Primary routine maintenance activities conducted by the County include culvert repair and replacement; sediment removal from channels, basins, and culverts; trash and debris removal; and vegetation trimming and removal along and within channels. A summary of these routine maintenance activities are included below; refer to Chapters 5 and 6 of the Maintenance Manual (Appendix G) for a full description of these activities. Culvert Repair and Maintenance The County owns and maintains numerous culverts often comprised of CMP or RCP, that route drainage from local collectors or ditches directly to downstream channels. Commonly these culverts cross beneath an access road and discharge into a flood control facility through a culvert outfall on the channel bank a few feet above the channel bed. When culverts are constricted by accumulated debris and sediment, they are manually cleared by hand and then flushed with water to remove debris/sediment and ensure proper drainage functioning. Prior to conducting this activity, the County’s maintenance area supervisor inspects all culverts and identifies which ones require flushing. Maintaining clear and open culverts is a fundamental program requirement to avoid and reduce urban flooding. Silt fences, floating silt curtain, or other sediment capture devices are typically installed downstream of the work area in the channel to reduce and limit turbidity effects of flushing. After sediment and debris has been manually cleared, the culverts are flushed from the downstream end with water until clean. If necessary, culverts can be flushed from the upstream end as well. This activity typically occurs in fall at the beginning of the rainy season. On occasion, culverts may require repair or replacement due to material deterioration and structural damage. Causes of failures may include improper sizing, misalignment, and/or the age of materials. Culvert failure typically reduces hydraulic capacity due to flow obstruction, sediment accumulation, or other debris that collects as a result of the failure, as well as increased erosion downstream of the culvert. Repair or replacement of an existing culvert would occur within the same footprint as the original culvert. Culvert replacement typically involves removing the existing culvert with an excavator, replacing the culvert with a new culvert of similar size, and anchoring it in place with steel reinforced concrete or grouted rip-rap depending upon the severity of erosion. Once the replacement culvert is installed, the trench would then be backfilled, compacted, and restored to match surrounding surfaces. Culvert replacement typically involves the replacement of culverts of the same size. However, on occasion there are reasons when the County may seek to upsize a culvert, because the existing size has proven repeatedly to be insufficient, or requires frequent maintenance due to being sized Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 4 October 2020 Initial Study/Mitigated Negative Declaration inadequately. In such cases, the County would seek approval from applicable resource agencies of an upsizing on a case-by-case basis. Because culverts would be replaced in-kind within the original footprint, no new hardening of the channel banks would occur. New culverts are generally installed using an excavator working from above the channel from the top-of-bank. Culvert repair and replacement activities typically occur during the summer season when water levels are low or absent. Dewatering of the creek may be required depending on site conditions and water levels. For purposes of the proposed program, it is assumed that the County would conduct up to 10 culvert replacement projects in a given year. Sediment Removal Deposited or accumulated sediment can reduce a channel’s capacity to safely convey streamflow. Accumulated sediment can also block culverts, bridges, or direct flows into streambanks and other structures causing erosion. To alleviate these increased flood risks associated with sediment accumulation, excess sediment from flood control channels and other facilities is removed. Sediment removal occurs in natural, engineered and concrete channels, as well as in culverts, sediment basins and other facilities (i.e., bridges, storm drain outlets, trash racks, other trash capture devices, and water diversion inlets). For the proposed program, sediment removal activities are limited to small localized areas that experience sediment deposition or blockages and work generally occurs under dry conditions. However, if sediment removal is necessary where water is in the flood control channel or facility, dewatering would be conducted. Silt fences, floating silt curtain or other devices are typically installed to prevent silt movement downstream of the work area. Sediment removal would involve the use of hand tools, excavators, bulldozers, or front loaders depending on type of flood control facility, local conditions, sediment amounts, and site sensitivity. Once the sediment is removed from the County flood control channel or facility, it is placed in a dump truck for hauling to either a landfill or County owned parcel. Sediment may be reused by the East Bay Regional Park District (EBRPD), who manages parklands within Contra Costa County, at other County facilities, given away to landowners for free by the County, or disposed of at an appropriate facility. Refer to Chapters 5 and 7 of the Maintenance Manual (Appendix G) for sediment removal limits per facility type. In a typical year, the County would conduct approximately 12 sediment removal projects in channels. Trash and Debris Removal Debris removal involves removing non-sedimentary materials that are deposited in channels as a result of high flows or through human activity. Examples of debris include tires, shopping carts, trash, furniture, clothing, encampments, and other substances. While sediment accumulation typically involves raising of the channel bed in a uniform manner and the development of in-channel depositional features such as bars, non-sedimentary debris typically occurs in the form of isolated objects or debris mounds or snags. However, such debris can substantially reduce channel conveyance capacity and affect hydraulic conditions. For example, debris jams can divert and redirect flows into channel banks and thereby increase bank erosion downstream. Large debris is also Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 5 October 2020 Initial Study/Mitigated Negative Declaration problematic when caught against crossings and bridge abutments, which leads to raised water elevations and blocked culvert inlets and outfalls. The County routinely monitors its flood control channels to remove debris that impairs hydraulic conditions or reduces flood channel conveyance capacity. The County also routinely monitors ditches, basins and other minor facilities for presence of debris. Debris removal occurs on an as-needed basis as an outcome of these routine inspections. This activity may also be required to provide access for minor maintenance activities at flap gates or grade control structures. Debris removal activities are generally conducted by work crews using hand tools and occasionally a winch. Non-vegetative debris is removed from the site via dump truck for disposal at a solid waste landfill. Hazardous waste (such as paint and oil) are sealed in protective containers and disposed at an appropriate hazardous waste facility. Access Road and Ramp Maintenance The majority of County channels have a maintenance access road parallel to the channel above and beyond the top of the channel bank. In some locations, access roads occur on one side of a channel and, in other locations, access roads occur on both sides of channel. In three channels, the County utilizes ramps instead of roads to access the channels. The ramps are situated on top of an inset floodplain bench, approximately half-way down the channel bank. Channels with access ramps include: San Pablo Creek near Parr Boulevard, Marsh Creek from its confluence with Dry Creek to Balfour Road, and a small section of Marsh Creek at Brentwood Boulevard. Channel access road and ramp maintenance primarily includes grading and/or resurfacing access roads at the top of bank and managing adjacent vegetation. To ensure that the road surface routes water and sediment off the access roads to the shoulder or ditch adequately, the County would grade unpaved access roads to ensure proper drainage and minimal erosion and sedimentation. Depending on the condition of these roads, the County may need to re-compact access roads. Maintenance, repair, and compaction of access roads and ramps occur on an as-needed basis. Erosion Protection While the proposed program does not include bank stabilization work (e.g., rock slope protection or riprap), it does include minor slope stabilization treatments typically needed along earthen channels. This work is conducted on an as-needed basis, typically during the dry season (i.e., between June 15 and October 15), and occurs when minor erosion is evident along channel banks and require some stabilization measures. Treatments may include low-impact fixes, such as installation of revetment fencing, erosion protection blankets, straw wattles, and tarping with preference given to soil bioengineering techniques. Minor Maintenance Activities In addition to the primary maintenance activities described above, the County conducts a number of other minor, small-scale routine maintenance activities countywide. These activities are summarized below. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 6 October 2020 Initial Study/Mitigated Negative Declaration  Concrete channel repair includes spall repair and sealing of cracks in the concrete bed and banks of flood control channels. These activities are conducted by hand (no mechanical equipment involved) in August/September when the channel is as dry as possible.  Trash rack clearing occurs at dam spillways, basin inlets, and channel and culvert inlets and involves using chainsaws to break up tangled branches and vegetation masses and/or pitchforks and load nets to load debris into dump trucks for disposal. The amount of trash removed annually varies depending on the type of winter. Typical amounts of trash and debris removal per trash rack is 75 to 350 cubic yards per year.  Rodent control involves filling in burrows occurring within the County’s earthen levees and dams with earthen material and the use of rodenticides. Rodenticides are only used at dam and reservoir sites when necessary to protect the structural integrity of the dam and when other less toxic alternatives are not available. Rodenticides are applied through bait stations to prevent non-target species from ingesting the rodenticide directly. Bait stations will be monitored regularly and modified as needed to ensure non-target wildlife are not accessing the bait.  Dam site maintenance includes debris removal, earthen repairs, mowing, access road grading, burrow control (as noted above), and trash rack maintenance.  Small structure maintenance includes maintaining and servicing flap gates, subdrain vaults, tide gates, fish ladders, fish screens, grade control structures, weirs or gates, stream gauge structures, pump station inlet/outlet structures, and energy dissipaters. Maintenance includes inspecting these other small facilities for any mechanical repairs and removing any debris on an as-needed basis that is affecting the facilities’ functioning.  Graffiti removal on concrete walls and ramps involves painting by hand or use of mechanical sprayers.  Fence and gate repair are repaired as needed to protect the public and County property. Vegetation Management Activities Primary vegetation management activities conducted routinely through the proposed program include mowing, trimming and pruning, tree removal, herbicide application, grazing, fallen tree removal and invasive plant removal. The goals of routine vegetation management are to maintain the operational capacity of County flood control facilities; reduce or eliminate invasive/exotic weeds at County facilities; maintain defensible space around County facilities to reduce fire fuel loads and fire risks and hazards; reduce potential areas for encampments; and provide visibility for increased public safety and site distance along roads. The County undertakes these types of vegetation management activities routinely and relatively consistently from year to year. The work locations often change yearly, but the type of work remains consistent. Some facilities may require annual vegetation maintenance. The frequency of vegetation management activities is largely dependent on the type of vegetation in, or adjacent to, the channel or other facility and other environmental factors including the degree of solar input and soil and moisture conditions. With the exception of trimming and pruning, herbicide application, Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 7 October 2020 Initial Study/Mitigated Negative Declaration and fallen tree removal, the majority of the County’s vegetation management activities occur above and outside of the ordinary high water mark (OHWM). Mowing The County routinely mows grasses that grow in the top-of-bank and bank slope areas along their access roads and County rights-of-way (ROWs) to reduce fire hazards, public safety hazards, and to control non-native plant growth. This activity may be conducted either manually (e.g., trimmers and handheld power tools) or through use of mechanized equipment. Manual mowing is typically conducted in areas where space is limited and where there are no access roads. Mechanized mowing is typically performed within the County’s ROW and along access roads for where there is sufficient space for mowers and larger equipment. This activity is conducted in accordance with California Department of Forestry and Fire Protection’s (CAL FIRE) requirements and local fire district regulations. Typically, grasses are cut to a height of 3 to 6 inches, depending on conditions and potential for species to be present. The County aims to complete mowing activities during the spring and early summer (April to July 4) prior to the higher fire risk period of the mid and later summer, though work may extend through November as necessary. Under the proposed program, based on the amount of mowing typically conducted by the County, it is assumed that mowing would occur for a maximum of approximately 80 days per year. Trimming and Pruning Trimming and pruning of trees and shrubs are routine activities necessary to provide access to the County’s facilities, improve visibility during inspections and use of County facilities, protect infrastructure, and maintain the designed hydraulic capacity of the County’s channels. Both activities involve thinning the canopy of an individual tree or shrub. In the top-of-bank area outside the channel (including the access road and adjacent above channel area), healthy mature native trees are only pruned if a limb is blocking the access road, hanging over a fence into a private yard, appears unbalanced or broken, interfering with maintaining appropriate spacing for access, or presents a potential hazard to other infrastructure (electricity lines, transportation visibility, etc.). Trimming and pruning work is conducted as necessary. Cattails (Typha spp.) are commonly (but not necessarily) found in reaches with little to no riparian canopy and are often located in channels in need of sediment removal. Once established, cattails trap sediment, further reducing flow velocities. In addition, if not properly managed, as cattails die and decompose in the channel, the vegetation can clog culverts and inlet structures and redirect flows, resulting in bank erosion (in earthen channels). Tules and bulrushes (Schoenoplectus spp.) can cause similar adverse effects. To prevent potential loss of capacity in flood control channels and sediment basins, the County trims and removes cattails, tules, and other emergent vegetation as necessary either mechanically or through application of aquatic herbicides (described further below under “Herbicide Application”). Cattails and tules are removed either with mechanical equipment or by using hand tools, such as bladed weed eaters, swing blades or machetes. In areas where trees do not prohibit access, other equipment, such as an excavator with a flail mower extension Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 8 October 2020 Initial Study/Mitigated Negative Declaration positioned at top-of-bank, may be used. Cattails and tules are typically cut 6 inches above the water line where possible. Typically, cut cattails and tules are removed from channels through use of a boom, winch, or by hand if necessary. Cattail and tule removal generally occurs between September 1 and November 30. Once work is completed, cut vegetation and debris are hauled to a suitable disposal site such as a green waste disposal facility. Herbicide Application As of 2002, the Contra Costa County Public Works Department along with the Agriculture Department operate within the framework of the Integrated Pest Management (IPM) Policy which promotes the combined use of physical, cultural, biological and chemical control methods to effectively manage pests with minimal risk to humans and the environment. According to the County’s IPM Policy, pesticides are used only after monitoring indicates that they are needed in accordance with established guidelines. Treatments are then made with the goal of removing only target species. Consistent with the County’s IPM policy, the Maintenance Program uses an integrated approach of chemical and control methods including mechanical and biological (livestock) methods to manage vegetation in and around County facilities. In conjunction with mechanical methods described above, herbicides are also used to control herbaceous vegetation including grasses. Herbicides are especially critical for controlling growth of non-native plants. All herbicide applications conducted by the County occur in accordance with federal, state, and local regulations. The County applies herbicides to control non-native plants in upland areas (e.g., along access roads and on the top of channel banks). Herbicide application is also used on non-native emergent aquatic vegetation (plants that grow in the water but extend above the surface into the air). Targeted spot spraying (i.e., by handgun or truck sprayer) is the primary method of herbicide application along roads, parcels and County-maintained access roads adjacent to flood control channels, and along channel banks (above water top of bank along the dry side of the levee [i.e., where contact with water is not anticipated]), and along fence lines). Application of herbicides to control terrestrial vegetation are applied at various times of the year (e.g., winter, spring, summer, or fall) depending on the active ingredient of the herbicide. Some herbicides are only applied 1 time a year and others may be applied up to 3 times per year. Herbicide active ingredients approved for upland use along access roads, channels banks (above top of bank), and fence lines include glyphosate, imazapyr, triclopyr TEA, aminopyralid, indaziflam, and prodiamine. Terrestrial herbicides are typically applied 2 to 3 times during the springtime to control broadleaf vegetation and post-emergent vegetation, and once during the fall or winter for pre-emergent vegetation. Herbicide application is only performed by a certified pesticide applicator in accordance with California Department of Pesticide Regulation requirements and label instructions. Herbicide application is conducted when the climate is dry, wind is not above 5 miles per hour, and no rain is forecast for the next 24 hours. Typically, aquatic herbicide is used when vegetation impedes flow, decreases capacity, or creates a nuisance. Similar to other vegetation management activities, Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 9 October 2020 Initial Study/Mitigated Negative Declaration this activity is conducted to control non-native or invasive aquatic species (e.g., cattails and Parrotfeather [Myriophyllum aquaticum]) to ensure sufficient flow conveyance capacity. Aquatic herbicide application activities are typically performed between the months of April and October with limited aquatic herbicide use between the months of December and February. The County will only use herbicide active ingredients approved for aquatic use including glyphosate, triclopyr TEA, imazamox, and imazapyr. In addition, the County will only use adjuvants that are registered and approved for aquatic use in California and Washington, including Agri-Dex, Brandt Magnify, Break-Thru SP 133, Bronc Max, Competitor, Cygnet Plus, Dyne-Amic, LI 700, Liberate, MSO Concentrate, Pro AMS Plus and Spreader 90, which are considered non-toxic to salmonids. The County will coordinate with NMFS to include new herbicides/adjuvants as they are released under the Maintenance Program as necessary. The County will not apply any herbicide that is not labeled for aquatic use directly to water. Aquatic herbicide application is conducted in compliance with the Statewide General National Pollutant Discharge Elimination System (NPDES) Permit for Residual Aquatic Pesticide Discharges from Algae and Aquatic Weed Control Applications (State Water Resources Control Board [SWRCB] Water Quality Order 2013-0002-DWQ; General NPDES Permit CAG990005). As required by the General NPDES Permit, the County conducts aquatic herbicide applications according to a state-approved Aquatic Pesticide Application Plan (APAP). Aquatic herbicide application activities are typically performed between the months of April and October with limited aquatic herbicide use between the months of December and February. The County typically treats approximately 170 acres along access roads, 126 acres along channel banks (dry areas) and 76 acres of in-channel (aquatic) areas in an average year. Fallen Tree Repositioning and Removal When a tree falls in a County-maintained channel, the County evaluates site conditions to determine whether the tree can be maintained on-site as woody debris, or whether the fallen tree has the potential to significantly obstruct or deflect flows, cause an increased erosion or public safety risk, or be pinned up against a County-maintained facility or feature. Where feasible, the County will retain large woody material in open natural and earthen engineered creeks, particularly in Wildcat, Pinole, and San Pablo creeks to provide fish habitat as long as flood conditions are not exacerbated and public safety is not at risk. The County also considers the feasibility of repositioning or modifying the fallen tree in the channel in a manner that public safety is not at risk, necessary conveyance capacity is maintained, the potential for bank erosion is not increased, and the potential for pinning of the tree against a facility is not likely. In the event that a fallen tree cannot be retained on-site as large woody material debris due to limits in channel capacity, hydraulic flow risks, potential flow diversion and bank erosion, or other hazards, then fallen trees may be removed. Fallen trees, trunks or limbs are cut off at the bed or bank invert with hand tools and removed with a winch and cable or other equipment operated from the top of bank. Root structures of fallen trees located along channel banks are left in place and not disturbed. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 10 October 2020 Initial Study/Mitigated Negative Declaration In order to effectively manage large woody material in channels, the County will use a three-tiered, multi-disciplined approach. The three tiers, listed in order of decreasing priority are: 1) retain large woody material in the channel if feasible, 2) modify large woody material (e.g., cut fallen tree into 6-foot-long segments and/or reorient) instead of removing it, 3) remove large woody material from the channel. Fallen tree repositioning and removal is conducted on an as-needed basis. In a typical year, the County may address five fallen trees in County channels. However, in a particularly rainy season, the County may address greater numbers of fallen trees (in the winter of 2017/2018, the County addressed 11 fallen tree incidents). Grazing Grazing is used to control vegetation growth and to reduce fire hazards along some County-maintained flood control facilities. Grazing involves the use of goats and sheep to manage vegetation growth. Before this activity commences, a habitat assessment is conducted by a biological monitor or a qualified biologist. Sensitive vegetation to be preserved is fenced off as a protective measure, and grazing is excluded from active channels and other water sources. Once protective fencing has been installed, small herds are put on parcels for a set amount of time. Grazing is typically done in the spring and summer time prior to July 4 when vegetation is palatable to the grazing animals. All grazing activities are conducted in accordance with CAL FIRE standards. Invasive Plant Management Activities The County removes invasive plants, including trees, along County-maintained flood control facilities. Non-native tree removal (greater than six inches in diameter at breast height) occurs only if the tree is blocking flow or restricting the capacity of the channel. Methods used to remove invasive plants include a combination of hand removal, mechanical methods, and herbicide application. Mechanical methods may involve use of a bladed weed-eater or an excavator with mower extension. Grazing may also be used in combination with herbicide use to control non-native growth along some County-maintained flood control facilities as long special-status plant species are not present at the work site. Invasive plant material removed from the maintenance site would be bagged and appropriately disposed of in a landfill. Maintenance Personnel and Timing of Vegetation Management Activities The typical size of a maintenance crew varies between 4-8 personnel, but not anticipated to be more than 10 personnel. Vegetation management activities would be temporary at any given location as maintenance crews are expected to cover a large area in a workday. Most proposed maintenance activities would be completed within a couple of days but some larger-scale maintenance activities (e.g. culvert repair/replacements, sediment removal in channels) may be more involved and require a few weeks. Maintenance Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 11 October 2020 Initial Study/Mitigated Negative Declaration activities would generally be conducted during daytime hours (between 8:00 a.m. and 5:30 p.m.) on weekdays. The specific pieces of equipment used for the proposed program maintenance activities would vary depending on the facility and type of maintenance activity required. Maintenance Triggers and Work Limits Maintenance activities are conducted only when determined to be necessary by the County. On an annual basis, the County would conduct site inspections of their facilities to evaluate maintenance needs. Refer to Chapter 7 of the Maintenance Manual (Appendix G) for a list of maintenance triggers that guide County staff during these site inspections to identify which sites have exceeded the thresholds. In an effort to minimize impacts resulting from maintenance activities, the proposed program has identified work length and size limits for each type of maintenance activity described in Chapter 7 of the Maintenance Manual (Appendix G). Impact Avoidance and Minimization Measures and Compensatory Mitigation The proposed program also includes program-wide best management practices (BMPs) that would be implemented by the County to protect water quality, existing habitat and other sensitive biological resources, cultural resources, and maintenance workers and the general public from equipment hazards. These measures are identified in Table C-1 of Appendix C. In addition to impact avoidance and minimization measures, compensatory mitigation may be required to offset the proposed program’s residual impacts on wetlands, waters, riparian resources, and federally and state listed species. The compensatory mitigation approach utilizes a combination of options, including on- and off-site mitigation opportunities and partnering with other local watershed organizations, described in more detail in Chapter 8 of the Maintenance Manual (Appendix G). Annual Work Cycle, Prioritization of Maintenance Activities and Agency Notification/Reporting Proposed maintenance activities would be conducted on an annual cycle; the timing for implementing activities would vary depending on whether they are non-ground disturbing activities or ground-disturbing activities. Non-ground disturbing and minor maintenance activities along roads and outside and within channels (e.g., trash rack clearing) may occur year-round. Ground-disturbing maintenance activities or work below the OHWM (e.g., sediment removal, culvert repair, basin clearing) would be conducted between June 15 and October 31. Between January and February, the County would assess their flood control facilities and vegetation conditions along their facilities to prioritize their maintenance needs. The history of past maintenance activities and specific resource conditions at individual facilities would be reviewed as maintenance tasks are identified and prioritized. During February and March, an annual maintenance work plan would be developed for ground-disturbing activities based on the assessment and prioritization process. The number of maintenance activities prioritized for the annual work plan would be Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 12 October 2020 Initial Study/Mitigated Negative Declaration dependent on factors such as the climatic and hydrologic conditions in the preceding years. As appropriate, regulatory agencies would be notified of the planned ground-disturbing maintenance activities in April. The notification would include a summary of proposed maintenance activities; work locations; overview of expected impacts to jurisdictional waters, riparian habitat, and/or special status species; and summary of annual compensatory mitigation needs (if required). As proposed by this Routine Management Program, the BMPs identified in Table C-1 in Appendix C of this IS/MND are incorporated into the project. The BMPs apply to both non-ground and ground-disturbing activities. At the conclusion of each maintenance season (generally after October 31 and before January 31), the County would prepare and submit to the relevant regulatory agencies an annual summary report describing maintenance activities completed that year and track mitigation needs for the proposed program. 9. Surrounding Land Uses and Setting: Various. 10. Other public agencies whose approval is required (e.g., permits, financing, approval, or participation agreement: U.S. Army Corps of Engineers, San Francisco Bay and Central Valley Regional Water Quality Control Boards, California Department of Fish and Wildlife, U.S. Fish and Wildlife Service, East Contra Costa County Habitat Conservancy, and National Marine Fisheries Service. 11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.? Wilton Rancheria submitted a general request letter to be notified of projects within Contra Costa County under Assembly Bill (AB) 52. The County officially notified Wilton Rancheria about the proposed program in a letter dated April 24, 2019. No request for consultation or information about potential resources was received from the tribe. See Section 18.0, Tribal Cultural Resources, for additional information regarding this topic. Environmental Factors Potentially Affected The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages. Aesthetics Greenhouse Gas Emissions Public Services Agriculture and Forestry Resources Hazards & Hazardous Materials Recreation Air Quality Hydrology/Water Quality Transportation Biological Resources Land Use/Planning Tribal Cultural Resources Cultural Resources Mineral Resources Utilities/Services Systems Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 13 October 2020 Initial Study/Mitigated Negative Declaration Energy Noise Wildfire Geology/Soils Population/Housing Mandatory Findings of Significance Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 14 October 2020 Initial Study/Mitigated Negative Declaration Determination On the basis of this initial evaluation: ☐ I find that the Proposed Project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ☒ I find that although the Proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ☐ I find that the Proposed Project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ☐ I find that the Proposed Project MAY have a “potentially significant impact” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ☐ I find that although the Proposed Project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Signature Date Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 15 October 2020 Initial Study/Mitigated Negative Declaration Aesthetics Potentially Significant Impact Less than Significant with Mitigation Incorporated Less-than-Significant Impact No Impact Except as provided in Public Resources Code Section 21099, would the project: a. Have a substantial adverse effect on a scenic vista? ☐ ☐ ☒ ☐ b. Substantially damage scenic resources, including, but not limited to trees, rock outcroppings, and historic buildings within a state scenic highway? ☐ ☐ ☒ ☐ c. In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage points.) If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? ☐ ☐ ☒ ☐ d. Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? ☐ ☐ ☐ ☒ SUMMARY: a. Would the project have a substantial adverse effect on a scenic vista? A scenic vista is generally considered a view of an area that has remarkable scenery or a natural resource that is indigenous to the area. According to the Contra Costa County General Plan, Chapter 9, Open Space Element (2005), scenic ridges, hillsides, and rock outcroppings and the delta system of the San Francisco, San Pablo, and Suisun Bays are the main scenic resources in the County, in addition to many localized scenic features (e.g., hilltops, lakes, mature stands of trees, etc.). Scenic ridges and hillsides are identified in Figure 9-1, Scenic Ridges and Waterways, of the Contra Costa County General Plan (2005) and are in the higher elevation watershed areas, forming a backdrop to the more developed portions of Contra Costa County. Thus, scenic vistas of these ridges and hillsides can be seen from much of the urbanized areas of Contra Costa County. The San Francisco, San Pablo and Suisun Bays are designated as scenic waterways on Figure 9-1 and extend along the entire western and northern perimeter of Contra Costa County. Views of the bays are composed of salt marshes and park lands mixed with residential and industrial uses. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 16 October 2020 Initial Study/Mitigated Negative Declaration Most of the proposed maintenance activities would be conducted in the more urban areas of Contra Costa County at lower elevations of various watersheds. Although many of the channels within Contra Costa County flow into the San Pablo and Suisun Bay, maintenance activities would not occur at the channel mouths. Maintenance activities may also occur in the more rural hillside areas, such as at sediment basins located east of the cities of Danville and San Ramon. However, because maintenance activities would be conducted within the channel corridors, it is unlikely that these activities would have a pronounced effect on scenic vistas of designated scenic waterways (e.g. San Francisco, San Pablo, and Suisun Bays) or designated scenic resources in the County including ridges and hillsides. In addition, maintenance activities would involve minimal use of heavy equipment and would be intermittent and temporary at each site. Only the minimum maintenance necessary would be performed at each site. Further, activities would not result in the construction of any new structures or facilities that would block views of surrounding scenic vistas. For the reasons stated above, the impact on scenic vistas would be less than significant. b. Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic building within a state scenic highway? Approximately 40 miles of eligible and officially designated State scenic highways are located within Contra Costa County, including portions of Route 4, Route 24, and Interstate 680 (Caltrans 2019). Maintenance activities may occur in channels which intersect with, or are adjacent to, State scenic highways. Maintenance activities conducted at roadside crossings typically include the removal of debris and trash, accumulated sediment at culverts, repair/replacement of culverts, and the clearance of vegetation to remove significant flow obstructions. While the presence of maintenance equipment and activities in these locations could be visible from eligible and officially designated State scenic highways, such views would be temporary as maintenance activities would be conducted infrequently at any given location and the use of heavy equipment would be minimal. Any tree removal would be conducted only under circumstances where channel capacity is significantly limited, if the tree is prone to falling, or if the tree is creating a safety hazard to the public or adjacent structures. The removal of these trees would not substantially damage the overall scenic resources along these corridors. In addition, no historic buildings adjacent to scenic highways would be impacted by the proposed program. Overall, by conducting routine maintenance (i.e., such as culvert repair/replacement, sediment removal, trash and debris removal, vegetation trimming and removal, etc.) the County is improving the environmental condition at County facilities by reducing the risk of flooding, preventing or halting erosion, or enhancing habitat by removing invasive species. In many cases, proposed maintenance activities (particularly trash and debris removal) would also improve visual conditions at each site. In addition, implementation of the following BMPs, as incorporated as part of this project, would minimize any temporary visual impacts associated with maintenance work. A description of each BMP is provided in Table C-1 of Appendix C.  BMP GEN-2: Minimize the Area of Disturbance  BMP GEN-5: Staging and Stockpiling of Materials  BMP GEN-15: Worksite Housekeeping Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 17 October 2020 Initial Study/Mitigated Negative Declaration Because maintenance activities would be short-term and visual disruptions along scenic corridors would be temporary, the proposed program would not substantially damage scenic resources within a State scenic highway. This impact would be less than significant. c. In non-urbanized areas, would the project substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage points.) If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Anticipated maintenance sites would occur in both non-urbanized and urbanized areas of Contra Costa County. Thus, the visual character and quality of facilities maintained under the proposed program varies widely from densely vegetated riparian corridors along natural channels to sparsely vegetated concrete-lined channels (see representative photos of facilities in Figures 1-9 through 1-11 in Chapter 1 of the Maintenance Manual). Viewing opportunities of maintenance sites range from roadways, which parallel or cross the channels; adjacent residential, commercial, and industrial structures in urbanized areas, and recreational trails in both urban and non-urbanized open space areas and park lands. During maintenance activities, the visual character at a given site may be somewhat degraded at the immediate time work is conducted due to the presence of maintenance equipment, materials, and vehicles. However, maintenance activities at any given site would be temporary, likely not lasting more than 2-3 weeks and would be done infrequently at any one location. Depending on the maintenance site, visual conditions could improve as a result of proposed maintenance activities. For example, removing debris would improve the cleanliness at maintenance sites. As described under Section 1.0(b), trees would only be removed under certain circumstances and tree removal is not anticipated to significantly alter the visual quality of the area. Other vegetation management activities (i.e., mowing, trimming, herbicide application, grazing and invasive plant removal) would alter a densely vegetated area to a partially vegetated or bare area; however, these activities could have a beneficial effect by reducing views of overgrown vegetation. As incorporated as part of the project, implementation of the below-listed BMPs would reduce temporary effects on the visual character of maintenance sites.  BMP GEN-2: Minimize the Area of Disturbance  BMP GEN-5: Staging and Stockpiling of Materials  BMP GEN-15: Worksite Housekeeping Further, because the proposed program focuses on maintaining existing public infrastructure to ensure facilities are operating properly, the proposed program would not substantially change the scenic quality of a maintenance site and not conflict with zoning or other regulations governing scenic quality. For the reasons stated above, impacts associated with degrading the existing visual quality or character of a site in a non-urbanized and urbanized area would be less than significant. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 18 October 2020 Initial Study/Mitigated Negative Declaration d. Would the project create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Routine maintenance activities would be conducted during normal daylight hours, typically from 8:00 a.m. to 5:00 p.m. in compliance with local noise codes, as required by BMP GEN-1; thus, no nighttime lighting would be needed. The proposed program would not involve construction of new facilities or modifications to existing facilities that would result in new reflective surfaces or installation of lighting. Therefore, the proposed program would have no impact. Sources of Information California Department of Transportation. 2019. Scenic Highways. Website: https://dot.ca.gov/programs/design/lap-landscape-architecture-and-community-livability/lap-liv-i-scenic-highways (last accessed December 17, 2019). Caltrans. See California Department of Transportation. Contra Costa County Department of Conservation and Development. 2005. Contra Costa County General Plan 2005-2020. Website: https://www.contracosta.ca.gov/4732/General-Plan (last accessed December 18, 2019). Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 19 October 2020 Initial Study/Mitigated Negative Declaration Agriculture and Forestry Resources Potentially Significant Impact Less than Significant with Mitigation Incorporated Less-than-Significant Impact No Impact Would the project: a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? ☐ ☐ ☐ ☒ b. Conflict with existing zoning for agricultural use, or a Williamson Act contract? ☐ ☐ ☐ ☒ c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Pub. Res. Code section 12220(g)), timberland (as defined by Pub. Res. Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? ☐ ☐ ☐ ☒ d. Result in the loss of forest land or conversion of forest land to non-forest use? ☐ ☐ ☐ ☒ e. Involve other changes in the existing environment, which due to their location or nature, could result in conversion of farmland, to non-agricultural use? ☐ ☐ ☐ ☒ SUMMARY: a, b, e. Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Would the project conflict with existing zoning for agricultural use, or a Williamson Act contract? Would the project involve other changes in the existing environment, which due to their location or nature, could result in conversion of farmland, to non-agricultural use? According to the Contra Costa County Important Farmland Map (California Department of Conservation [DOC] 2018), farmland, agricultural, and designated forest lands may be located in proximity to the County’s flood control facilities. Specifically, maintenance activities occurring in Viano Basin are located in close proximity to land designated as Prime Farmland and Unique Farmland. However, all proposed maintenance activities would take place within flood control channels, basins and facilities maintained by Contra Costa County and would Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 20 October 2020 Initial Study/Mitigated Negative Declaration not directly affect Farmland. According to the Contra Costa County Williamson Act Map (DOC 2013), the proposed program is not located in lands under a Williamson Act contract. The proposed program activities focus exclusively on channel maintenance and other flood control facility maintenance activities and would not conflict with zoning for agricultural use. Similarly, the proposed program would not involve other changes to the existing environment that could result in conversion of farmland to non-agricultural uses. Therefore, the proposed program would not result in the conversion of any Farmland nor would it conflict with existing zoning for agricultural use or with a Williamson Act contract. As a result, there would be no impact. c, d. Would the project conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g) or conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g)? Would the project involve or result in the loss of forest land or conversion of forest land to non-forest use? The proposed program would involve maintenance activities that are restricted to County maintained flood control channels, basins, bridges, and other minor storm drainage facilities. The program area does not include any existing forest land or timberland (California Department of Fish and Wildlife [CDFW] 2017). Therefore, the proposed program would not involve loss of forest land or conversion of forest land to non-forest uses. Similarly, proposed maintenance activities would not conflict with existing zoning or cause rezoning of forest land or timberland at either the local or state level. Therefore, no impacts related to forest land and timberland would occur. Sources of Information California Department of Conservation. 2013. Contra Costa County Williamson Act Map FY 2012/2013. ________ .2018. Contra Costa County Prime Farmland Map 2016. DOC. See California Department of Conservation. California Department of Fish and Wildlife. 2017. Forests and Timberlands – Region 3 Map. CDFW. California Department of Fish and Wildlife. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 21 October 2020 Initial Study/Mitigated Negative Declaration Air Quality Potentially Significant Impact Less than Significant with Mitigation Incorporated Less-than-Significant Impact No Impact Would the project: a. Conflict with or obstruct implementation of the applicable air quality plan? ☐ ☐ ☒ ☐ b. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? ☐ ☐ ☒ ☐ c. Expose sensitive receptors to substantial pollutant concentrations? ☐ ☐ ☒ ☐ d. Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? ☐ ☐ ☒ ☐ SUMMARY: a. Would the project conflict with or obstruct implementation of the applicable air quality plan? The proposed program is located in Contra Costa County, which is within the San Francisco Bay Area Air Basin (SFBAAB). The SFBAAB includes all of Napa, Contra Costa, Alameda, Santa Clara, San Mateo, San Francisco, and Marin Counties, the southern portion of Sonoma County, and the western portion of Solano County. The Bay Area Air Quality Management District (BAAQMD) is the regulatory agency responsible for assuring that national and state ambient air quality standards are attained and maintained in the SFBAAB and managing air quality in the basin for permitting purposes. A project is deemed inconsistent with air quality plans if it would result in population and/or employment growth that exceeds growth estimates included in the applicable air quality plan, which, in turn, would generate emissions not accounted for in the applicable air quality plan emissions budget. The proposed program would have a significant impact if it would conflict with or impair implementation of applicable air quality plans established by the BAAQMD or local general plans. The SFBAAB is currently in state and federal non-attainment for ozone and particulate matter less than 2.5 microns in diameter (PM2.5), and in state non-attainment for particulate matter less than 10 microns in diameter (PM10) (California Air Resource Board [CARB 2019], U.S. Environmental Protection Agency [USEPA] 2019, BAAQMD 2019, BAAQMD 2017a). Applicable air quality plans include: BAAQMD’s 2017 Clean Air Plan: Spare the Air, Cool the Climate (2017 Clean Air Plan) and the Contra Costa County General Plan (2010). The 2017 Bay Area Clean Air Plan presents the BAAQMD’s plan for attaining federal air quality standards, particularly for ozone and particulate matter (PM) Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 22 October 2020 Initial Study/Mitigated Negative Declaration emissions (BAAQMD 2017b). This plan includes a control strategy focused on stationary source, mobile source, transportation control, land use and local impact, energy and climate, and additional measures to control ozone and its precursors (reactive organic gas [ROG], carbon monoxide (CO), nitrogen oxides [NOx]), PM10, PM2.5, and toxic air contaminants (TACs). The proposed program’s maintenance activities would be similar in scale to maintenance activities currently conducted by the County and would be performed by the same number of workers. Therefore, the proposed program would not result in any permanent changes to local populations in Contra Costa County. The proposed program would comply with all federal, state, and local regulations related to stationary sources of air pollutants. As shown in Tables 2 and 3 below, the proposed program’s daily and annual emissions of ozone precursors (ROG, NOx, and CO), PM10 exhaust, and PM2.5 exhaust would not exceed the applicable BAAQMD’s significance thresholds. In addition, maintenance activities would comply with BAAQMD’s rules and regulations for fugitive dust, including implementation of the following BMP as incorporated as part of the project and described in Table C-1 of Appendix C:  BMP AQ-1: Basic Construction Measures In addition, the proposed program would not impair or conflict with implementation of Contra Costa County’s General Plan, or the applicable BAAQMD air quality planning documents including the 2017 Clean Air Plan. Therefore, with implementation of BMP AQ-1, the proposed program would be consistent with the applicable planning policies and would comply with all applicable regulations for sources of air pollutants. As such, the proposed program would not obstruct or conflict with applicable air quality plans and would have a less-than-significant impact. b. Would the project 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? As described above, the SFBAAB is in state and federal non-attainment for ozone and PM2.5 and state non-attainment for PM10 (CARB 2019, USEPA 2019, BAAQMD 2019, BAAQMD 2017a). The BAAQMD has established air pollutant emission thresholds for determining significance for air quality analyses (BAAQMD 2017a) which are shown in Table 1. Projects that emit pollutants below these established emission thresholds would not have a significant impact on air quality. In developing thresholds of significance for air pollutants, BAAQMD considered the emission levels for which a project’s individual emissions would be cumulatively considerable. Therefore, projects with emissions below these thresholds would not have a cumulatively considerable impact. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 23 October 2020 Initial Study/Mitigated Negative Declaration Table 1. BAAQMD California Environmental Quality Act Thresholds of Significance for Criteria Air Pollutants Pollutant Construction-Related Operation-Related Criteria Air Pollutants and Precursors Average Daily Emissions (pounds per day) Average Daily Emissions (pounds per day) Maximum Annual Emissions (tons per year) ROG 54 54 10 NOx 54 54 10 PM10 82 (Exhaust) 82 15 PM2.5 54 (Exhaust) 54 10 PM10/PM2.5 (Fugitive Dust) BMPs None Source: BAAQMD 2017a. The emissions associated with proposed program activities are shown in Table 2 and Table 3 below. These emissions were estimated using the California Emission Estimator Model (CalEEMod) version 2016.3.2, which uses estimates from CARB’s models for off-road vehicles and the Emission Factor (EMFAC) 2014 Database. Equipment and maintenance activity types, durations, and quantities used in the emission analysis were based on information provided by the County. In addition, although it may vary from year to year, the emission analysis also considers the annual generation of approximately 255 hauling truck trips associated with the proposed program. Emissions from the use of herbicides were estimated using the California Department of Pesticide Regulation’s Volatile Organic Compounds (VOC) Emissions Calculator. The modeling result details and assumptions on the modeling inputs are provided in Appendix E. Table 2. Proposed Program’s Daily Maintenance Emissions Summary (pounds/day) Program’s Estimated Emissions and BAAQMD Threshold Pollutant (pounds/day) ROG NOX CO PM10 Exhaust PM10 Fugitive PM2.5 Exhaust PM2.5 Fugitive Estimated Program Average Daily Emissions – 2021 1 2.28 10.35 7.24 0.41 1.19 0.38 0.63 BAAQMD Daily Emissions Threshold 2 54 54 None 82 BMPs 54 BMPs Exceed Threshold? N N N N N N N Note: “BMPs” indicates that no calculation is required because compliance with BMPs is considered by BAAQMD to reduce the emission to below the threshold. 1 Estimates of fugitive dust emissions (PM10 and PM2.5) do not account for any watering that would be performed in accordance with the BMP AQ-1 Basic Construction Measures. Therefore, actual fugitive dust emissions would be less than those shown. 2 The average daily emissions thresholds are based on the BAAQMD’s CEQA Air Quality Guidelines (BAAQMD 2017a). Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 24 October 2020 Initial Study/Mitigated Negative Declaration Table 3. Proposed Program’s Annual Maintenance Emissions Summary (tons/year) Program’s Estimated Emissions and BAAQMD Threshold Pollutant (tons/year) ROG NOX CO PM10 (Total) PM2.5 (Total) Estimated Program Annual Emissions – 20211 0.3 1.3 0.9 0.2 0.12 BAAQMD Emissions Annual Threshold2 10 10 None 15 10 Exceed Threshold? N N N N N 1 Estimates of fugitive dust emissions (PM10 and PM2.5) do not account for any watering that would be performed in accordance with the BMP AQ-1 Basic Construction Measures. Therefore, actual fugitive dust emissions would be less than those shown. 2 The emissions thresholds are based on the BAAQMD’s CEQA Air Quality Guidelines (BAAQMD 2017a). As shown in Tables 2 and 3, the proposed program’s daily and annual emissions of ozone precursors (ROG, NOx, and CO), PM10 exhaust, and PM2.5 exhaust would not exceed the applicable BAAQMD’s significance thresholds and would not substantially contribute to any existing air quality violations or violate any air quality standards. Particulate matter/ fugitive dust emissions from the proposed program would be minimized through compliance with the BAAQMD’s applicable regulations, particularly those summarized in BMP AQ-1, which recommends fugitive dust control requirements and minimizes vehicle idling and BMP GEN-2, which minimizes the area of disturbance. As incorporated as part of the project, implementation of these BMPs, described in Table C-1 of Appendix C, would reduce the potential for and magnitude of PM-related impacts.  BMP AQ-1: Basic Construction Measures  BMP GEN-2: Minimize Area of Disturbance In general, fleet emissions often gradually decrease over time due to older vehicles being replaced by newer, cleaner, more efficient vehicles. Additionally, the County is actively working to “green the fleet” by switching heavy-duty diesel vehicles to cleaner burning renewable diesel and by expanding their use of hybrid, electric, and alternatively fueled vehicles (Contra Costa County 2017). Emissions from proposed program activities would be similar to those generated currently and would likely gradually decrease over the life of the proposed program due to improvements in vehicle efficiency and emissions. In summary, because emissions generated from the proposed program’s activities would be substantially less than the applicable BAAQMD significance thresholds for daily and annual air pollutants emissions and through implementation of BMP AQ-1 and BMP GEN-2, the proposed program would not have a considerable contribution to cumulatively significant impacts. Therefore, the overall impact would be less than significant. c. Would the project expose sensitive receptors to substantial pollutant concentrations? The proposed program involves maintenance activities at flood control channels, basins, bridges, and other storm drainage facilities located throughout Contra Costa County. Examples of sensitive receptors near maintenance sites that could potentially be exposed to emissions of criteria air pollutants or TACs (including diesel particulate matter [DPM] and herbicides) include schools, hospitals and residential areas. However, maintenance activities Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 25 October 2020 Initial Study/Mitigated Negative Declaration at any given site would be temporary and occur infrequently near individual sensitive receptors. As determined above in Section 3.0(b), the County’s maintenance activities would not generate emissions of criteria air pollutants in excess of BAAQMD significance thresholds. Diesel-fueled equipment, particularly trucks that generate DPM, would be used to haul materials and fill to the maintenance sites; provide onsite material transport or water application; and/or to haul sediments, vegetation, and other materials from the maintenance sites. As detailed in Appendix E, limited quantities of onsite trucks, diesel-fueled equipment, and offsite hauling trucks would be required on a daily basis for any given program activity (maximum of three trucks or equipment operating daily onsite, and up to approximately six hauling trips/day). Further, program maintenance activities would occur temporarily at a given location and idling times for trucks would be minimized through adherence to BMP AQ-1, reducing the potential exposure of DPM to sensitive receptors. Improper spraying of herbicides can result in spray drift or the movement of spray droplets away from the application area, potentially exposing nearby uses to chemical pollutants. As described in the project description, all herbicide applications conducted by the County would occur during dry and minimal wind weather (less than 5 miles per hour) and would comply with all federal, state, and local regulations, as specified in BMP GEN-17. In addition to avoid potential spray drift impacts, all spray nozzles will be kept within 24-inches of vegetation during herbicide application. The following BMPs, as incorporated as part of this project and described in Table C-1 of Appendix C, would minimize the exposure of pollutant concentrations to nearby sensitive receptors.  BMP AQ-1: Basic Construction Measures  BMP GEN-17: Standard Herbicide Use and Application Requirements Thus, for the reasons stated above, potential sensitive receptors would not be exposed to substantial concentrations of criteria pollutants, DPM, or herbicides. Therefore, the potential impacts related to exposing sensitive receptors to substantial pollutant concentrations would be less than significant. d. Would the project result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? The BAAQMD indicates that odor impacts could result from siting a new odor source near existing sensitive receptors. Removed sediment and diesel fuels used for operating maintenance equipment have the potential to generate objectionable odors. Excavated sediment from stream channels or basins may contain high levels of organic material or reduced sulfur, generating odors during excavation and/or decomposition. On average, the County anticipates conducting up to 12 sediment removal projects per year. However, excavated sediment would be placed in a dump truck for hauling to either a landfill or County owned parcel following removal. Thus, the duration of potential exposure to odors from excavated sediment would be temporary. In addition, emissions associated with diesel fuels such as DPM and TACs would not be substantial, as discussed in Section 3.0(c). Therefore, the Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 26 October 2020 Initial Study/Mitigated Negative Declaration proposed program is not considered to have the potential to generate substantial annoyances from odors to sensitive receptors. This impact would be less than significant. Sources of Information Bay Area Air Quality Management District. 2017a. California Environmental Quality Act Air Quality Guidelines. Available at: http://www.baaqmd.gov/~/media/files/planning-and-research/ceqa/ceqa_guidelines_may2017-pdf.pdf?la=en. Accessed September 24, 2019. ________ . 2017b. Spare the Air Cool the Climate. Final 2017 Clean Air Plan. Available at: 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 September 24, 2019. ________ . 2019. Air Quality Standards and Attainment Status. Available at: http://www.baaqmd.gov/about-air-quality/research-and-data/air-quality-standards-and-attainment-status. Accessed September 24, 2019. BAAQMD. See Bay Area Air Quality Management District. California Air Resources Board. 2019. Area Designations. Available at: https://ww3.arb.ca.gov/desig/changes.htm#summaries. Accessed September 24, 2019. CARB. See California Air Resources Board. Contra Costa County 2017. Contra Costa County, Public Works, Fleet Services. Available at: https://www.contracosta.ca.gov/DocumentCenter/View/52107/2015-2016-County-Fleet-overview. United States Environmental Protection Agency. 2019. Green Book. Available at: https://www3.epa.gov/airquality/greenbook/anayo_ca.html. Accessed September 24, 2019. USEPA. See United States Environmental Protection Agency. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 27 October 2020 Initial Study/Mitigated Negative Declaration Biological Resources Potentially Significant Impact Less than Significant with Mitigation Incorporated Less-than-Significant Impact No Impact Would the project: a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? ☐ ☒ ☐ ☐ b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? ☐ ☒ ☐ ☐ c. Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? ☐ ☒ ☐ ☐ d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of wildlife nursery sites? ☐ ☐ ☒ ☐ e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? ☐ ☐ ☒ ☐ f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? ☐ ☐ ☒ ☐ SUMMARY a. Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 28 October 2020 Initial Study/Mitigated Negative Declaration As described in the project description above, the program area includes three regions: (1) West Contra Costa County (West County); (2) Central Contra Costa County (Central County); and (3) East Contra Costa County (East County). Proposed maintenance activities located in East County are within the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (ECCC HCP/ NCCP) inventory area and are covered activities under section 2.3.1, Activities within the Urban Development Area and Section 2.3.3, Rural Infrastructure Operation and Maintenance Activities. The ECCC HCP/NCCP is intended to provide an effective framework to protect natural resources and special-status species recovery in East County while improving and streamlining the environmental permitting process for impacts on these species and associated habitats. The ECCC HCP/NCCP has been implemented by the East Contra Costa County Habitat Conservancy (Conservancy), the joint powers of authority formed by the participating agencies since 2008 (East Contra Costa County Habitat Conservancy 2007). The Conservancy oversees assembly and operation of the ECCC HCP/NCCP and ensures compliance with all terms of the HCP/NCCP and permit authorizations. The extent of the ECCC HCP/NCCP with respect to the program area is shown in Figure 8 in Appendix A. The ECCC HCP/NCCP covers 174,018 acres and authorizes up to 11,853 acres of development impacts in areas managed by Contra Costa Water District, among others. The ECCC HCP/NCCP provides take authorization for 28 special-status species, including 9 federally protected species (listed in Table 4 below). Contra Costa County is a signatory of the ECCC HCP/NCCP and its activities are eligible for coverage by the associated regulatory permits, which include a U.S. Fish and Wildlife Service (USFWS) Biological Opinion and Endangered Species Act Section 10(a)(1)(b) Permit, California Department of Fish and Game (now CDFW) NCCP Permit, and U.S. Army Corp of Engineers Regional General Permit (RGP 1). The ECCC HCP/NCCP covers several terrestrial and aquatic land cover types, including riparian woodland/scrub, emergent wetlands, and aquatic (or open water), and streams, as well as the special-status species included in Table 4. Table 4. Species Covered under the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan Wildlife Longhorn fairy shrimp (Branchinecta longiantenna) Giant garter snake (Thamnophis gigas) Vernal pool fairy shrimp (Branchinecta lynchi) Western pond turtle (Emys [=Actinemys] marmorata) Midvalley fairy shrimp (Branchinecta mesovallensis) Tricolored blackbird (Agelaius tricolor) Vernal pool tadpole shrimp (Lepidurus packardi) Golden eagle (Aquila chrysaetos) California tiger salamander (Ambystoma californiense) Western burrowing owl (Athene cunicularia hypugea) California red-legged frog (Rana draytonii) Swainson’s hawk (Buteo swainsoni) Foothill yellow-legged frog (Rana boylii) Townsend’s western big-eared bat (Corynorhinus townsendii townsendii) Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 29 October 2020 Initial Study/Mitigated Negative Declaration Silvery legless lizard (Anniella pulchra pulchra) San Joaquin kit fox (Vulpes macrotus mutica) Alameda whipsnake (Masticophis lateralis euryxanthus) Plants Mount Diablo manzanita (Arctostaphylos auriculata) Round-leaved filaree (California macrophyllum) Brittlescale (Atriplex depressa) Diablo helianthella (Helianthella castanea) San Joaquin spearscale (Extriplex joaquiniana) Brewer’s dwarf flax (Hesperolinon breweri) Big tarplant (Blepharizonia plumosa) Showy madia (Madia radiata) Mount Diablo fairy lantern (Calochortus pulchellus) Adobe navarretia (Navarretia nigelliformis ssp. nigelliformis) Recurved larkspur (Delphinium recurvatum) For the proposed program, land cover was categorized into seven general land use and habitat types, including: (1) aquatic/wetland, (2) riparian woodland/shrub, (3) forest/woodland, (4) scrub/shrubland, (5) grasslands, (6) urban, and (7) agriculture. Special-status species with the potential to occur in the program area are listed below by habitat type. Refer to Chapter 4, Biological Resources of the Manual (Appendix G) for a further description of special-status species and habitat types occurring in the program area. Habitat Types Aquatic/Wetland The channels and basins that form the drainage network within Contra Costa County are the primary aquatic habitats relevant to proposed maintenance activities. To a lesser extent, freshwater wetlands may also be affected by proposed maintenance activities. The saline wetlands (i.e., salt and brackish marsh) that occur in the northern and western parts of Contra Costa County are included in the program area where flood control channels enter the marshes. Special-status species with the potential to occur in streams and drainages include California red-legged frog (Rana draytonii), foothill yellow-legged frog (Rana boylii), western pond turtle (Actinemys [Emys] marmorata), and giant garter snake (Thamnophis gigas). Special-status species with the potential to occur in lacustrine habitats include western pond turtle and slender-leaved pondweed (Stuckenia filiformis ssp. alpina). Special-status species with the potential to be present in freshwater emergent wetlands include California red-legged frog, foothill yellow-legged frog, California tiger salamander (Ambystoma californiense), western pond turtle, Tricolored Blackbird (Agelaius tricolor), California Black Rail (Laterallus jamaicensis coturniculus), bristly sedge (Carex comosa), and marsh skullcap (Scutellaria galericulata). Special-status species with the potential to be present in intertidal/saline Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 30 October 2020 Initial Study/Mitigated Negative Declaration wetlands include salt marsh harvest mouse (Reithrodontomys raviventris), San Pablo vole (Microtus californicus sanpabloensis), Suisun Song Sparrow (Melospiza melodia maxillaris), Ridgway’s Rail (Rallus obsoletus) (formerly California Clapper Rail [Rallus longirostris obsoletus]), California Black Rail (Lateratlus jamaicensis coturniculus), White-tailed Kite (Elanus leucurus), Northern Harrier (Circus hudsonius), soft salty bird's-beak (Chloropyron molle ssp. molle), Delta tule pea (Lathyrus jepsonii var. jepsonii), Delta mudwort (Limosella australis), and Suisun marsh aster (Symphyotrichum lentum). Special-status species with potential to occur within vernal pools include longhorn fairy shrimp (Branchinecta longiantenna), vernal pool fairy shrimp (Branchinecta lynchi), Midvalley fairy shrimp (Branchinecta mesovallensis), vernal pool tadpole shrimp (Lepidurus packardi), and California tiger salamander (Ambystoma californiense). Special-status fish species potentially occurring in aquatic habitats in the program area include Central California Coast Distinct Population Segments (DPS) steelhead (Oncorhynchus mykiss irideus), longfin smelt (Spirinchus thaleichthys), and delta smelt (Hypomesus transpacificus). Riparian Woodland/Shrub Riparian woodlands in the program area consist largely of willows (Salix spp.), coast live oak (Quercus agrifolia), and valley oak (Quercus lobata), which can range from sparse to dense cover. Riparian woodland/scrub habitat is found along the margins of aquatic communities. Special-status species such as western red bat (Lasiurus blossevillii), San Francisco dusky-footed woodrat (Neotoma fuscipes annectens), and loggerhead shrike (Lanius ludovicianus) could potentially occur in riparian communities. Swainson’s hawk (Buteo swainsoni) could use riparian woodland as nesting habitat; however, riparian scrub typically lacks the structural support and coverage required by the species. Forest/Woodland A variety of forest and woodland communities exist within the program area. Woodlands include mixed oak woodlands, valley oak/coast live oak woodlands, and eucalyptus woodlands. Forest communities include non-native hardwood or conifer forest. Special-status species with the potential to occur in oak woodlands include Diablo helianthella (Helianthella castanea) and Alameda whipsnake (Masticophis lateralis euryxanthus). Special-status species are unlikely to be found in eucalyptus woodlands and forest communities, with the exception of special-status raptors that could potentially nest in these areas. Scrub/Shrubland Lower montane mixed chaparral community is uncommon in the program area but can be found in a portion of South-Central County. Special-status species which could potentially occur in this habitat include Alameda whipsnake, chaparral harebell (Campanula exigua), Mt. Diablo fairy lantern (Calochortus pulchellus), and Hall’s bush-mallow (Malacothamnus hallii). Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 31 October 2020 Initial Study/Mitigated Negative Declaration Grasslands Annual non-native grasslands are the second most common land cover in the program area. Special-status species which may occur in this habitat type include California red-legged frog, California tiger salamander, white-tailed kites, burrowing owls (Athene cunicularia) and Alameda whipsnake. This land cover also represents suitable foraging habitat for Swainson’s hawk, golden eagle, and other raptors. Special-status plants with the potential to occur include Carquinez goldenbush (Isocoma arguta), and bent-flowered fiddleneck (Amsinckia lunaris). Urban The majority (64%) of the land cover in the program area consists of urban land (as mapped using Classification and Assessment with Landsat of Visible Ecological Groupings [CALVEG] data). Special-status species are unlikely to occur in urban/developed areas. Agriculture Agricultural lands include diverse plant cover due to a variety of crops that are grown in the program area. Special-status species such as white-tailed kite may potentially be found in agricultural areas. This land cover also represents suitable foraging habitat for Swainson’s hawk. Methods and Analysis Prior to conducting maintenance activities, the County performs a habitat assessment of each site to determine whether the site is likely to support special-status species by referring to a current California Natural Diversity Database (CNDDB) and conducting a habitat assessment. The County has also developed a three-tiered approach based on resource sensitivity at a given maintenance site to avoid potential effects on sensitive species and habitat based on guidance from federal wildlife resource agencies. The tiered approach also helps prioritize BMPs to avoid and/or minimize potential impacts. The three project tiers include: (1) Tier 1- No Impact to Special-Status Species- maintenance activities would occur in areas which are inaccessible to special-status fish or terrestrial species (besides birds), in areas where no suitable breeding habitat is present, and there is no connectivity between the site and known/potential breeding habitat; (2) Tier 2- Low Impact to Special-Status Species with BMPs- maintenance activities would occur in areas where special-status species are known to occur or could possibly occur, for terrestrial species and fish, suitable non-breeding habitat is present and there is connectivity between the maintenance site and suitable breeding habitat, and (3) Tier 3- Moderate/High Impact To Special-Status Species and Requires Compensatory Mitigation- special-status species cannot be effectively excluded from the maintenance site, preconstruction surveys could not definitively determine the presence or absence of the species, and/or “take” in the form of permanent loss of habitat cannot be avoided. For areas that are not covered by the ECCC HCP/NCCP (i.e., West and Central County), the proposed program would not include Tier 3 activities (i.e., only activities that would result in Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 32 October 2020 Initial Study/Mitigated Negative Declaration no [Tier 1] or low impacts [Tier 2] to federally listed species or habitats would occur). Thus, the proposed program does not include any Tier 3 sites in West or Central County. Any Tier 3 activities located in West and Central County (i.e., outside the limits of the HCP/NCCP) would be permitted individually and separately outside of the proposed program. The County structured the proposed program in this manner to ensure that only minimal impacts to special-status species and habitats would occur BMPs included in Table C-1 of Appendix C would avoid and minimize impacts to special-status species and habitat during maintenance activities. Refer to Tables 7-3 and 7-4 in the Manual (Appendix G) for a list of potential special-status species occurring at each identified maintenance site and a correlation between special-status species and implementation of the appropriate biological resource protection BMPs. The following BMPs, as incorporated as part of this project, would avoid and minimize impacts to special-status species by minimizing the disturbance area and implementing special measures for specific special-status species:  BMP GEN-1: Work Windows  BMP GEN-2: Minimize the Area of Disturbance  BMP GEN-3: Channel Access  BMP GEN-4: Erosion and Sediment Control Measures  BMP GEN-5: Staging and Stockpiling of Materials  BMP GEN-6: On-site Hazardous Materials Management  BMP GEN-7: Existing Hazardous Materials  BMP GEN-8: Spill Prevention  BMP GEN-9: Spill Response  BMP GEN-10: Vehicle and Equipment Maintenance  BMP GEN-11: Vehicle and Equipment Fueling  BMP GEN-12: Flow Diversions and Dewatering Measures  BMP GEN-13: Invasive Plant Removal  BMP GEN-15: Worksite Housekeeping  BMP GEN-16: Use of Cementitious Materials  BMP GEN-17: Standard Herbicide Use and Application Requirements  BMP GEN-18: Herbicide Applicator Training  BMP GEN-19: Herbicide Application Personnel  BMP BIO-1: Staff Training  BMP BIO-2: Minimize Impacts to Nesting Birds  BMP BIO-3: Protection of California Red-legged Frog  BMP BIO-4: Protection of Bat Colonies  BMP BIO-5: Protection of dusky-footed woodrats Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 33 October 2020 Initial Study/Mitigated Negative Declaration  BMP BIO-6: Protection of California Tiger Salamander  BMP BIO-7: Protection of Western Burrowing Owl  BMP BIO-8: Protection of Western Pond Turtle  BMP BIO-9: Protection of Tricolored Blackbird  BMP BIO-10: Protection of Alameda Whipsnake  BMP BIO-11: Protection of Giant Garter Snake  BMP BIO-12: Protection of Special-status Plants BMPs are incorporated as part of the project to avoid and/or minimize impacts to special-status species in West, Central, and East County. However, because the ECCC HCP/NCCP provides opportunities for take coverage in East County if ECCC HCP/NCCP conditions are adhered to, if needed the County may consider conducting Tier 3 activities in the ECC HCP/NCCP coverage area (i.e., East County). Program activities within the ECCC HCP/NCCP coverage area that could result in take of covered special-status species (i.e., Tier 3) would follow the ECCC HCP/NCCP process for avoidance and minimization to species and habitats and, where necessary as determined by the Conservancy, pay associated fees or deed land in lieu of fees to mitigate for impacts, as specified in Mitigation Measure BIO-1. Thus, implementation of Mitigation Measure BIO-1 would reduce potential impacts to less than significant. Impact BIO-1 Maintenance activities conducted in East County could potentially impact special-status species and habitat. Implementation of Mitigation Measure BIO-1 requires the County to follow the ECCC HCP/NCCP process for avoidance and minimization to species and habitats and where necessary pay associated fees or deed land in lieu of fees to mitigate for impacts. Mitigation Measure BIO-1: Compliance with ECCC HCP/NCCP Measures For all Tier 3 maintenance activities proposed in East County, the County’s maintenance staff will be required to prepare a HCP/NCCP Planning Survey Report (PSR) to determine the applicable land cover type, associated species measures, conditions on covered activities, and determine appropriate fees. In order to protect special-status species covered by the HCP/NCCP, applicable HCP/NCCP species- specific measures will be implemented by the County. For example, in areas with suitable California tiger salamander habitat, written notification to USFWS, CDFW, and the Conservancy will be provided at least 30 days prior to disturbance of any suitable breeding habitat in order to allow for USFWS or CDFW staff to translocate individuals within 14 days of receiving notice from the Conservancy, if requested. For any impacts to special-status species and habitats, the County will be required to pay the appropriate HCP/NCCP fees, which will be determined at the time of the PSR. As stated above, the proposed program does not include any Tier 3 activities in West and Central County that would result in take or permanent loss of habitat, and would implement the above-listed BMPs to avoid take in those areas. For areas in East County, program activities will comply with the ECCC HCP/NCCP process through the completion and Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 34 October 2020 Initial Study/Mitigated Negative Declaration submittal of a PSR and payment of associated fees or deed land in lieu of fees where necessary as determined by the Conservancy, as specified in Mitigation Measure BIO-1. For these reasons, impacts on special-status species and habitat would be less than significant with mitigation. b. Would the project 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? As described above for Section 4.0(a), riparian woodland/shrub habitat is present within the program area. Riparian woodland habitat provides a wide range of biological functions for fish and wildlife species. Maintenance activities such as sediment and debris removal, culvert repair and replacement, and vegetation management may occur within riparian corridors along channel banks. Thus, these maintenance activities have the potential to result in the loss and/or disturbance of riparian vegetation through pruning and trimming for access, removal of fallen or hazardous trees, herbicide application, trampling, and other impacts. The effects of sediment and debris removal, culvert repair and replacement, and vegetation management activities on riparian vegetation have not been quantified, as the precise amount of sediment and debris to be removed, exact location of all culvert repair/replacements, and extent of vegetation management by program activities are unknown at this time. Riparian vegetation that is removed by maintenance activities is expected to regrow, except in areas where capacity or other maintenance activities would require the permanent exclusion of vegetation or where repetitive impacts on riparian vegetation in certain areas could prevent regrowth. The proposed program also includes removal of invasive plant species along channels, which may even result in a beneficial effect to native riparian vegetation and canopy growth. Implementation of the following BMPs, as incorporated as part of this project, would reduce impacts on riparian vegetation during maintenance work by minimizing the work area, spread of invasive species, and effects to water quality:  BMP GEN-2: Minimize the Area of Disturbance  BMP GEN-3: Channel Access  BMP GEN-5: Staging and Stockpiling of Materials  BMP GEN-13: Invasive Plant Removal  BMP GEN-17: Standard Herbicide Use and Application Requirements  BMP GEN-18: Herbicide Applicator Training  BMP GEN-19: Herbicide Application Personnel  BMP BIO-1: Staff Training  BMP BIO-12: Protection of Special-status Plants Implementation of the above-mentioned BMPs would minimize disturbance of riparian vegetation due to sediment and debris removal, culvert repair/replacement activities, and vegetation management work. Nevertheless, the proposed program could result in losses of Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 35 October 2020 Initial Study/Mitigated Negative Declaration riparian habitat in order to meet the program goals pertaining to flood protection and public safety. This impact would be potentially significant. Implementation of Mitigation Measure BIO-2 would mitigate impacts on riparian habitat by replacing riparian habitat through restoration or by replacing the lost functions and values provided by these habitats through other means, such as non-native plant removal and watershed protection. In addition, for impacts to riparian vegetation in East County, the County will comply with the HCP/NCCP process by completing and submitting a PSR and pay associated fees or deed land in lieu of fees to mitigate for impacts where necessary as determined by the Conservancy. This mitigation measure would ensure that impacts to riparian habitat would be less than significant with mitigation. Impact BIO-2 Proposed maintenance activities could result in permanent impacts to riparian habitat, a potentially significant impact. Implementation of Mitigation Measure BIO-2 would reduce impacts on riparian vegetation by replacing riparian habitat through restoration or through other means, such as non-native plant removal and watershed protection. Mitigation Measure BIO-2: Provide Compensatory Mitigation for Riparian Vegetation The compensatory mitigation package, which is incorporated into the proposed program, will be implemented to compensate for impacts on woody riparian vegetation. By April 15 of each year, the County would notify the relevant regulatory agencies (i.e., those agencies with jurisdictional authority or oversight) of the year’s planned maintenance projects. The relevant regulatory agencies would be provided with information describing proposed maintenance project activities, locations, natural resource conditions, and any other key resource issues. The notification package would describe which ground-disturbing maintenance activities would result in impacts on temporary and permanent impacts on riparian habitat. It would also describe in detail the County’s proposal for providing compensatory mitigation for those impacts and may include one or more options summarized below. For regular maintenance activities located in West and Central County that have potential to remove some riparian habitat, the preferred mitigation approach is on-site mitigation. The general on-site mitigation approach is to restore the type of habitat that is impacted by maintenance activities in the same project vicinity or stream reach where the disturbance has occurred. For on-site, in-kind mitigation, the County will restore, preserve, and manage riparian habitats, or substantially improve the quality of highly degraded riparian habitats at a ratio of 1.5:1, meaning 1.5 acres of riparian habitat will be restored/created for every 1 acre of riparian habitat impacted by proposed program activities, or at a ratio determined acceptable by relevant regulatory agencies (e.g., CDFW). This may involve removing non-native invasive plants or planting riparian vegetation to provide ecological enhancement benefits. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 36 October 2020 Initial Study/Mitigated Negative Declaration Where on-site mitigation is not possible, off-site mitigation can provide opportunities for in-kind mitigation that aligns with the functions and values of natural resources that are potentially impacted by the proposed program but is done at a different location than where the maintenance occurs. The general approach is to conduct off-site mitigation within the same watershed or general region as where the maintenance activities occur. This type of mitigation is similar to the on-site option in that the focus is to provide in-kind habitat enhancement or restoration, stream functional improvement, water quality benefits, or overall watershed health improvements that offset maintenance impacts or reduce the need for maintenance. For off-site, in-kind mitigation for riparian habitat, the County will acquire, preserve, enhance, and manage lands that provide similar ecological functions and values to the riparian impacted by program maintenance activities. The acquisition and preservation/enhancement of these higher quality lands will occur at a ratio of 3:1, meaning 3 acres of riparian shall be acquired, preserved, and enhanced for every 1 acre of riparian habitat impacted by proposed maintenance activities. Enhancement may include limited riparian planting, or invasive plant removal, or other activities to enhance riparian/aquatic habitat functions and values. Other options for compensatory mitigation include partnering with local Contra Costa County-based watershed, stewardship, or non-profit organizations that lead or coordinate habitat restoration or watershed improvement projects. For out-of-kind preservation of watershed lands as a means of compensatory mitigation, the acquisition of more general watershed conservation lands will occur at a ratio of 8:1 or as otherwise negotiated with regulatory agencies. For maintenance activities in East County, the County will comply with the ECCC HCP/NCCP by completing and submitting a PSR and pay appropriate fees or deed land in lieu of fees to mitigate for impacts to riparian vegetation where deemed necessary by the Conservancy. c. Would the project have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? An Aquatic Resources Delineation Report 1 (Horizon 2019) was conducted for the proposed program at 43 individual, discontinuous anticipated routine maintenance sites (identified in Table 1-3 of the Maintenance Manual) located on 26 streams and 14 basins, including two reservoirs, throughout Contra Costa County, encompassing a total delineation study area of 1 Only sites identified in Table 1-3 of the Maintenance Manual were delineated in the Aquatic Resources Delineation Report. Table 1-3 of the Maintenance Manual identifies facilities where maintenance is anticipated to occur in the next 5-10 years under the proposed program and does not represent the entirety of all possible maintenance locations as it is impossible to know every site at this time. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 37 October 2020 Initial Study/Mitigated Negative Declaration 81.375 acres. The delineation study area contained 20.679 acres of potentially jurisdictional non-wetland waters and 6.257 acres of potentially jurisdictional wetlands. While a large majority of proposed maintenance activities would avoid impacts to federally protected wetlands, some in-channel maintenance activities, such as sediment removal, debris removal, culvert repair/replacement, erosion protection, and in-channel access road maintenance may result in impacts to non-wetland waters and wetland waters of the U.S. Implementation of erosion protection to support culvert outfalls or channels banks may involve the placement of small quantities of fill in channels, which could impact wetlands. Sediment and debris removal may result in disturbance of wetland vegetation on top of accumulated sediment. However, these activities would not result in substantial loss of wetlands or conversion. In addition, sediment and debris removal would improve water circulation and water quality. The above-described maintenance activities could potentially result in the temporary or permanent loss of wetlands and other jurisdictional waters. Implementation of the following BMPs, as incorporated as part of this project, would minimize potential impacts to federally protected wetlands:  BMP GEN-2: Minimize the Area of Disturbance  BMP GEN-3: Channel Access  BMP GEN-4: Erosion and Sediment Control Measures  BMP GEN-5: Staging and Stockpiling of Materials  BMP GEN-6: On-Site Hazardous Materials Management  BMP GEN-8: Spill Prevention  BMP GEN-9: Spill Response  BMP GEN-10: Vehicle and Equipment Maintenance  BMP GEN-11: Vehicle and Equipment Fueling  BMP GEN-12: Flow Diversions and Dewatering Measures While many vegetated wetland areas would be restored within 1 to 2 years following in-channel work, proposed maintenance activities may result in losses of wetlands and other waters even with implementation of the above-referenced BMPs, which is a potentially significant impact. Implementation of Mitigation Measure BIO-3 would reduce impacts on wetlands and other waters to a level that would be less than significant with mitigation. Impact BIO-3 Proposed maintenance activities could result in permanent impacts to wetlands habitat, a potentially significant impact. Implementation of Mitigation Measure BIO-3 would mitigate impacts on wetlands by replacing wetland habitat or through other compensatory mitigation approaches. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 38 October 2020 Initial Study/Mitigated Negative Declaration Mitigation Measure BIO-3: Provide Compensatory Mitigation for Impacts on Wetlands and Other Waters By April 15 of each year, the County would notify the relevant regulatory agencies (i.e., those agencies with jurisdictional authority or oversight) of the year’s planned maintenance projects. The relevant regulatory agencies would be provided with information describing proposed maintenance project activities, locations, natural resource conditions, and the County’s proposal for providing compensatory mitigation for impacts on wetlands and other waters summarized below. For regular maintenance activities located in West and Central County that have potential to remove wetlands/other waters, the preferred mitigation approach is on-site mitigation at a 1.5:1 or at a ratio determined acceptable by relevant regulatory agencies (e.g., RWQCB). Where on-site mitigation is not possible, off-site mitigation can provide opportunities for in-kind mitigation that aligns with the functions and values of natural resources that are potentially impacted by the proposed program but is done at a different location than where the maintenance occurs. The general approach is to conduct off-site mitigation within the same watershed or general region as where the maintenance activities occur. For off-site, in-kind mitigation for wetlands and other waters, the County will acquire, preserve, enhance, and manage lands that provide similar ecological functions and values to the wetlands and other waters impacted by program maintenance activities. The acquisition and preservation/enhancement of these higher quality lands will occur at a ratio of 3:1 or at a ratio determined acceptable by relevant regulatory agencies (e.g., RWQCB) Enhancement may include limited wetland or bank planting, invasive plant removal, or other activities to enhance the habitat functions and values of wetlands and other waters. Other options for compensatory mitigation include partnering with local Contra Costa County-based watershed, stewardship, or non-profit organizations that lead or coordinate habitat restoration or watershed improvement projects. For maintenance activities in East County, the County will comply with the ECCC HCP/NCCP process by completing and submitting a PSR and pay appropriate fees or deed land in lieu of fees to mitigate for impacts to wetlands and other waters where necessary. d. Would the project 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? For many species, the program area is a mosaic of suitable and unsuitable habitat types. Environmental corridors are segments of land that link these different habitats while also providing cover for species. In the program area, the vegetation communities along channels, as well as the channels themselves, often function as environmental corridors. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 39 October 2020 Initial Study/Mitigated Negative Declaration Vegetation management activities could restrict some wildlife species from moving between suitable habitat patches. Noise and disturbance associated with maintenance activities could cause species that commonly use habitats at proposed routine maintenance work sites to at least temporarily avoid moving through the site. In addition, native fish species who migrate in streams in West and Central County, including fall-run chinook salmon, Central California Coast DPS steelhead, and resident rainbow trout may be temporarily affected by dewatering of work sites during in-channel work (i.e., sediment removal or culvert repair or replacement). However, in-channel maintenance work would be restricted to occur within the dry season (June 15 to October 15) where channel flows are low, thus, outside of salmon and steelhead migration seasons. Although maintenance activities may result in temporary impacts on both terrestrial and aquatic wildlife movement, once maintenance activities are complete, wildlife movement conditions would be similar to pre-maintenance conditions, and dispersal through the program area is expected to return to existing conditions. The County would implement the following BMPs, as incorporated as part of the project, which include seasonal work window restrictions, requires flows to be of a sufficient quality, quantity and appropriate temperature to support fish and other aquatic life both above and below the diversion/dewatering structure during dewatering, and annual biological staff training to avoid impacts to fish species.  BMP GEN-1: Work Windows  BMP GEN-12: Flow Diversions and Dewatering Measure  BMP BIO-1: Staff Training Therefore, with implementation of the BMPs mentioned above, the proposed program would have a less than significant impact on migratory wildlife corridors. e. Would the project conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? The proposed program includes tree removal where necessary to maintain channel capacity, reduce hydraulic roughness in the channel, and protect public safety. The Contra Costa County Code (County Code) Title 8 Section 816-6.6004 (Tree Protection Ordinance) requires a permit for removing protected trees, which are identified as indigenous tree species measuring 20 inches or larger in circumference as measured 4.5 feet above ground level, such as bigleaf maple (Acer macrophyllum), box elder (Acer negundo), California buckeye (Aesculus californica), and white alder (Alnus rhombifolia). Currently, the County conducts routine maintenance activities in compliance with a Section 1602 Routine Maintenance Agreement (RMA) from CDFW. The RMA requires that no trees greater than 6 inches diameter at breast height (roughly 4.5 feet above ground level) be removed except if they are blocking flow or restricting the capacity of the channel. The County would continue to comply with the conditions of the RMA and would not remove any trees larger than 6 inches in diameter. Therefore, this impact would be less than significant impact Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 40 October 2020 Initial Study/Mitigated Negative Declaration f. Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? As described in Sections 4.0(a) and (b), maintenance activities in East County would occur in areas covered under the ECCC HCP/NCCP. Thus, proposed maintenance activities located in East County would comply with the conditions and authorizations for the HCP/NCCP. Where proposed maintenance could affect an ECCC HCP/NCCP-covered resource, the County will complete and submit a PSR and provide mitigation in the form of fees or deeded land in lieu of fees to obtain regulatory coverage through the HCP/NCCP permits where deemed necessary by the Conservancy. Therefore, the proposed program would not conflict with the provisions of an adopted HCP/NCCP occur and a less than significant impact would occur. Sources of Information East Contra Costa County Habitat Conservancy. 2007. Final East Contra Costa Habitat Conservation Plan and Natural Community Conservation Plan. Updated December. Available: https://www.contracosta.ca.gov/depart/cd/water/HCP/archive/final-hcp-rev/final_hcp_nccp.html. Accessed: January 24, 2020. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 41 October 2020 Initial Study/Mitigated Negative Declaration Cultural Resources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Would the project: a. Cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5? ☐ ☐ ☒ ☐ b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5? ☐ ☐ ☒ ☐ c. Disturb any human remains, including those interred outside of formal cemeteries? ☐ ☐ ☒ ☐ SUMMARY a, b. Would the project cause a substantial adverse change in the significance of a historical resource pursuant to California Environmental Quality Act Guidelines Section 15064.5? Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to California Environmental Quality Act Guidelines Section 15064.5? Federal Regulations The proposed program will require a RGP from the U.S. Army Corps of Engineers (USACE). Therefore, the program constitutes a federal undertaking as defined by Title 54 United States Code (USC) Section 300101 of the National Historic Preservation Act (NHPA) and mandates compliance with 54 USC Section 306108, commonly known as Section 106 of the NHPA, and its implementing regulations found under Title 36 of the Code of Federal Regulations (CFR) Section 800, as amended in 2001. To comply with Section 106 of the NHPA, the project proponent must “take into account the effect of the undertaking on any district, site, building, structure, or object that is included in or eligible for inclusion in the National Register.” The implementing regulations of the NHPA require that cultural resources be evaluated for eligibility to the National Register of Historic Places (NRHP) if they cannot be avoided by an undertaking (proposed program). To determine site significance through application of NRHP criteria, several levels of potential significance that reflect different (although not necessarily mutually exclusive) values must be considered. As provided in Title 36 CFR Section 60.4, “the quality of significance in American history, architecture, archaeology, and culture is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association” and must be considered within the historic context. Resources must also be at least 50 years old, except in rare cases, and, to meet eligibility criteria of the NRHP, must: Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 42 October 2020 Initial Study/Mitigated Negative Declaration  Be associated with events that have made a significant contribution to the broad patterns of our history; or  Be associated with the lives of persons significant in our past; or  Embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or  Have yielded, or may be likely to yield, information important in prehistory or history. For archaeological sites, integrity requires that the site remain sufficiently intact to convey information necessary to address specific important research questions. California Regulations Substantial adverse changes in the significance of a historical resource include physical changes to the historical resource or to its immediate surroundings, such that the significance of the historical resource would be materially impaired. Historical resources are those cultural resources that are:  listed in, or determined to be eligible for listing in, the California Register of Historical Resources (CRHR) (Public Resources Code [PRC] 5024.1);  included in a local register of historic resources (PRC 5020.1) or identified as significant in an historic resource survey meeting the requirements of PRC 5024.1(g); or  determined by a lead agency to be historically significant. Criteria for listing in the CRHR, found at PRC 5024.1(c), include resources that: (1) Are associated with the events that have made a significant contribution to the broad patterns of California’s history and cultural heritage; (2) Are associated with the lives of persons important in our past; (3) Embody the distinctive characteristics of a type, period, region, or method of construction, or represent the work of an important creative individual, or possess high artistic values; or (4) Have yielded, or may be likely to yield, information important in prehistory or history. The regulations set forth the criteria for eligibility as well as guidelines for assessing historical integrity and assessing resources that have special considerations. PRC 21083.2(g) also addresses the identification and protection of unique archaeological resources. A “unique archaeological resource” is an archaeological artifact, object, or site for which there is a high probability that it meets any of the following criteria: (1) Contains information needed to answer important scientific research questions and that there is a demonstrable public interest in that information. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 43 October 2020 Initial Study/Mitigated Negative Declaration (2) Has a special and particular quality, such as being the oldest of its type or the best available example of its type; or (3) Is associated with a scientifically recognized important prehistoric or historic person or event. In most situations, resources that meet the definition of a unique archaeological resource also meet the definition of historical resource. As a result, it is current professional practice to evaluate cultural resources for significance based on their eligibility for listing in the CRHR. Tribal cultural resources are also historical resources, and are defined at PRC 21074. Tribal cultural resources are discussed separately in Section 18.0, Tribal Cultural Resources. Lead agencies are expected to identify potentially feasible measures to mitigate significant adverse changes in the significance of a historic resource before they approve such projects. Per the California Environmental Quality Act [CEQA] Guidelines § 15126.4, mitigation measures must be legally binding and fully enforceable. Cultural Resource Study A Cultural Resources Assessment Report (Horizon 2019) was prepared to assess the potential for historical resources/historic properties that could be impacted by the activities of the proposed program (Appendix H of the Maintenance Manual [Appendix G of this [IS/MND]). The study included a records search of the program area and maintenance reaches at the Northwest Information Center of the California Historical Resources Information System at Sonoma State University in September 2018. The purpose of the record search was to provide baseline information about the number of recorded cultural resources within the program area in order ascertain the general sensitivity of the region for cultural resources. The existing channels and basins within the County’s purview were used, along with a 200-foot buffer, to select and obtain cultural resource geographic data. Data were also accumulated from historic-period maps and literature for Contra Costa County. It is important to note that a vast majority of the waterways included in the program area have not been completely surveyed for archaeological resources. The record search resulted in the identification of 63 previously recorded cultural resources within the program area, listed in Table 5. Many of these resources may be eligible for listing in the CRHR. Table 5. Previously Identified Cultural Resource Types within 200 feet of Channels and Basins Cultural Resource Type Age Historic Prehistoric Prehistoric, Historic Prehistoric, Protohistoric, Historic Grand Total Building, Site 2 1 3 Building, Structure 1 1 Building, Structure, Site 2 2 4 Site 7 30 2 39 Site, Element of district 5 5 Site, Other 2 2 Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 44 October 2020 Initial Study/Mitigated Negative Declaration Cultural Resource Type Age Historic Prehistoric Prehistoric, Historic Prehistoric, Protohistoric, Historic Grand Total Structure 9 9 Grand Total 21 37 4 1 63 Source: Northwest Information Center, Sonoma State University File No.18-0644. An inquiry to the Native American Heritage Commission (NAHC) requesting a search of the Sacred Lands Files was submitted on April 25, 2019. The NAHC replied on April 26, 2019, noting that the record search did not identify any sacred lands within the program area. The cultural resources study also examined the potential for buried archaeological resources within the program area, and a predictive model was developed using a geographic information system. The fundamental concept surrounding predictive models is to project known patterns or relationships into unknown areas. In the case of archaeological predictive modeling, the primary assumption is that archaeological sites tend to recur in areas favorable to human settlement. The model utilized those environmental characteristics of places where sites do or do not occur, and allowed for the extrapolation from small areas to broader geographic areas. Previous research by Meyer (2013) has indicated that among the multiple environmental conditions that may predict prehistoric human settlement or activity in central and northern California, three environmental factors—distance to water, slope, and distance to where a stream met the historical shoreline (or confluence) —are useful for predicting the majority of site locations. Surface site potential within the program area is depicted in Figure 3 in Appendix H of the Maintenance Manual (Appendix G of this IS/MND). In addition to favorable environmental conditions, buried site potential is predicated on two assumptions: (1) archaeological deposits cannot be buried within landforms that developed prior to human colonization of North America; and (2) older surface landforms are less likely to contain buried deposits because human occupation on these landforms was shorter, and the populations were smaller and less dense during periods of greater antiquity. Figure 3 in Appendix H of the Maintenance Manual (Appendix G of this IS/MND) depicts the age of landforms; in this case the Holocene (11,700 before present [BP] to the present) period being the highest to potentially contain buried deposits and Pleistocene (2.5 Million Years BP to 11,700 BP) landforms having lower to the lowest potential for buried deposits. The remaining area is underlain by much older landforms that would have no potential for buried archaeological deposits. Discussion A majority of the program maintenance activities have very low potential for impacting cultural resources. However, some activities include ground-disturbing work in areas outside previously engineered depths or extent that could potentially impact archaeological resources. Ground-disturbing activities that could impact cultural resources include, but are not limited to:  Culvert replacement with larger capacity culvert that requires excavation beyond existing engineered extent or depths of an existing culvert. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 45 October 2020 Initial Study/Mitigated Negative Declaration  Sediment removal that requires excavation outside or deeper than existing engineered extent or depths of a channel or sediment basin.  Channel access grading that requires excavation beyond the existing engineered extent or depths of an access road or ramp. Although the record searches did not identify any historical resources/historic properties within the program area that are listed on the CRHR/NRHP, archeological resources that are potentially eligible for CRHR/NRHP- listing are present. Some of these resources might also qualify as tribal cultural resources (as discussed in Section 18.0). Research suggested that there is a low potential for built environment resources within the program area. In addition, the cultural resources assessment determined that virtually all of the areas addressed by the proposed program have a high or moderate potential for either surface or buried archaeological sites. Thus, ground-disturbing activity in native soils or replacement or alteration of existing infrastructure could impact cultural resources, although these potential impacts could be avoided or reduced through implementation of BMPs. As incorporated as part of the project, Table C-1 of Appendix C lists six BMPs to avoid impacts to cultural resources. These BMPs include:  BMP CUL-1: Review Sensitivity Maps  BMP CUL-2: Record Search and Field Inventory for Highly or Moderately Sensitive Areas, and Areas of Unknown Sensitivity  BMP CUL-3: Consult with Native American Tribes  BMP CUL-4: Construction Monitoring  BMP CUL-5: Conduct Pre-Maintenance Educational Training  BMP CUL-6: Address Discovery of Cultural Remains or Paleontological Resources Appropriately For maintenance activities that involve excavation or repair into previously undisturbed native soils beyond existing engineered extent or depths (e.g., some culvert replacement projects), a desktop investigation to determine the sensitivity of the site will be conducted (BMP CUL-1). For areas with high/moderate or unknown sensitivity, a cultural resources investigation will be conducted by a qualified professional archaeologist prior to performing the maintenance activity (BMP CUL-2) and appropriate Native American tribes will be consulted (BMP CUL-3). The cultural resources investigation will include the following elements:  Background research and Native American consultation;  Pedestrian survey;  Documentation; and  Management requirements, if necessary. Construction monitoring (BMP CUL-4) may also be required during ground-disturbing activities within areas identified as highly sensitive for cultural areas. All maintenance personnel would also receive training prior to the beginning of each maintenance season (BMP CUL-5). For all maintenance activities, resources discovered during work would be addressed under BMP CUL-6. Refer to Figure 9 in Appendix A for a flow chart depicting the Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 46 October 2020 Initial Study/Mitigated Negative Declaration order of implementation of the cultural resource BMPs. Overall, with implementation of the BMPs mentioned above, impacts on historical or archaeological resources would be less than significant. c. Would the project disturb any human remains, including those interred outside of formal cemeteries? CEQA Guidelines § 15064.5 also prescribes the processes and procedures found under Health and Safety Code § 7050.5 and Pub. Res. Code § 5097.95 for addressing the existence of, or probable likelihood of, Native American human remains, as well as the unexpected discovery of any human remains within the project site. This includes consultation with the appropriate Native American tribes. Maintenance activities that require excavation in native soils beyond existing engineered depths or extent have the potential to unearth human remains. If human remains were discovered during a field inventory (BMP CUL-2), the Native American Heritage Commission and affiliated tribal members would be contacted (BMP CUL-3) to develop mitigation measures to avoid impacts to the remains. If human remains are unearthed during project construction, the County would comply with Health Safety Code Section 7050.5 and adhere to the measures included in BMP CUL-6 . In summary, the following BMPs as incorporated into the project and included in Table C-1 of Appendix C would reduce impacts to human remains:  BMP CUL-2: Record Search and Field Inventory for Highly or Moderately Sensitive Areas, and Areas of Unknown Sensitivity  BMP CUL-3: Consult with Native American Tribes  BMP CUL-6: Address Discovery of Cultural Remains or Paleontological Resources Appropriately Application of the above-referenced BMPs would reduce the impacts to less than significant. Sources of Information Horizon Water and Environment, LLC. 2019. Cultural Resources Assessment Report Contra Costa County Routine Maintenance Program. Report on file with the Contra Costa County Public Works Department, Maintenance Division, Martinez, California. Horizon. See Horizon Water and Environment, LLC. Meyer, J. 2013. A Geoarchaeological Overview and Assessment of Northeast California: Cultural Resources Inventory of Caltrans County 2 Rural Conventional Highways: Lassen, Modoc, Plumas, Shasta, Siskiyou, Tehama, and Trinity Counties. Far Western Anthropological Research Group, Inc., Davis, California. Submitted to California Department of Transportation, County 2, Redding, California Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 47 October 2020 Initial Study/Mitigated Negative Declaration Energy Potentially Significant Impact Less than Significant with Mitigation Incorporated Less-than-Significant Impact No Impact Would the project: a. Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? ☐ ☐ ☒ ☐ b. Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? ☐ ☐ ☒ ☐ SUMMARY a, b. Result in potentially significant environmental impacts due to wasteful, inefficient, or unnecessary consumption of energy resources during project construction or operation; or conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Energy resource-related regulations, policies, and plans at the state level, require the regular analysis of energy data and developing recommendations to reduce statewide energy use, and setting requirements on the use of renewable energy sources. Senate Bill (SB) 1389, passed in 2002, requires the California Energy Commission (CEC) to prepare an Integrated Energy Policy Report for the governor and legislature every 2 years (CEC 2019a). The report analyzes data and provides policy recommendations on trends and issues concerning electricity and natural gas, transportation, energy efficiency, renewable energy, and public interest energy research (CEC 2019a). The 2018 Integrated Energy Policy Report Update includes policy recommendations such as addressing the vulnerability of California’s energy infrastructure to extreme events related to climate change, including sea-level rise and coastal flooding (CEC 2018). Since 2002, California has established a Renewables Portfolio Standard (RPS) program, through multiple senate bills (SB 1078, SB 107, SB X1-2, SB 350, SB 100) and Executive Orders (EOs) (S-14-08, B-55-18), that requires increasingly higher targets of electricity retail sales be served by eligible renewable resources. The established eligible renewable source targets include 20 percent of electricity retail sales by 2010, 33 percent of electricity retail sales by 2020, 50 percent by 2030, and 100 percent zero-carbon electricity for the state and statewide carbon neutrality by 2045 (CEC 2019b, California Public Utilities Commission [CPUC] 2019). Sections 3.0, Air Quality and 8.0 Greenhouse Gas Emissions, contain additional discussions of plans and regulations relevant to energy resources. Proposed program activities are necessary to reduce potential flood hazards and protect public safety. The operation of maintenance equipment, worker vehicles, generators, and truck trips associated with maintenance activities would consume energy in the form of fossil fuels. Table 6 shows the estimated fuel use associated with operating maintenance Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 48 October 2020 Initial Study/Mitigated Negative Declaration equipment, worker vehicles, and truck trips. The calculations used to develop these estimates are presented in Appendix E. Table 6. Program Activities Fossil Fuel Use Source Type Diesel Fuel Use (gallons) Gasoline Fuel Use (gallons) Off-Road Construction Equipmenta 62,173 - Worker Vehiclesb - 1,749 Hauling Vehiclesc 924 - a Fuel use for off-road construction equipment was estimated using a fuel use factor from CARB’s off-road in-use engine emissions model of 0.347 pound of diesel per horsepower-hour and diesel fuel density of 7.1089 pounds per gallon. b Fuel use for construction worker vehicles was estimated using fuel use estimates from EMFAC with an estimated rate of 21.7 miles per gallon. c Fuel use for hauling vehicles was estimated using fuel use estimates from EMFAC with an estimated rate of 5.5 gallons per mile. Energy consumption associated with the operation of the proposed program’s maintenance equipment and vehicles would be similar to the existing condition and would not result in wasteful, inefficient, or unnecessary consumption of energy or cause a substantial increase in energy demand and the need for additional energy resources. In addition, the consumption of energy associated maintenance activities would be minimized through proper maintenance of equipment and by minimizing vehicle idling times, as specified in BMP AQ-1. The following BMP, as incorporated as part of this project, is listed in Table C-1 of Appendix C: • BMP AQ-1: Basic Construction Measures Since the proposed program would not create any significant future energy demands and would be completed as efficiently as possible, it would not conflict with any of the goals, policies, or implementation actions identified in the applicable energy plans, such as the 2018 Integrated Energy Policy Report Update, California’s RSP Program, Contra Costa County General Plan, Contra Costa County Climate Action Plan, and BAAQMD’s 2017 Clean Air Plan. Thus, the proposed program would not conflict with any plans relating to renewable energy or energy efficiency and this impact would remain as less than significant. Sources of Information California Energy Commission. 2018a. Toward a Clean Energy Future. 2018 IEPR. Available at https://ww2.energy.ca.gov/2018publications/CEC-100-2018-001/CEC-100-2018-001-V1_pages.pdf. Accessed September 24, 2019. . 2019a. Integrated Energy Policy Report – IEPR. Available at: https://www.energy.ca.gov/data-reports/reports/integrated-energy-policy-report. Accessed September 24, 2019. ________ . 2019b. Renewables Portfolio Standard. Available at: https://www.energy.ca.gov/programs-and-topics/programs/renewables-portfolio-standard. Accessed September 24, 2019. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 49 October 2020 Initial Study/Mitigated Negative Declaration CEC. See California Energy Commission. California Public Utilities Commission. 2019. Renewables Portfolio Standard (RPS) Program. Available at: https://www.cpuc.ca.gov/rps/. Accessed September 24, 2019. CPUC. See California Public Utilities Commission. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 50 October 2020 Initial Study/Mitigated Negative Declaration Geology, Soils, and Seismicity Potentially Significant Impact Less than Significant with Mitigation Incorporated Less-than-Significant Impact No Impact Would the project: a. Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury or death involving: i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? ☐ ☐ ☐ ☒ ii. Strong seismic ground shaking? ☐ ☐ ☒ ☐ iii. Seismic-related ground failure, including liquefaction? ☐ ☐ ☒ ☐ iv. Landslides? ☐ ☐ ☒ ☐ b. Result in substantial soil erosion or the loss of topsoil? ☐ ☐ ☒ ☐ c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? ☐ ☐ ☒ ☐ d. Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? ☐ ☐ ☒ ☐ e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? ☐ ☐ ☐ ☒ f. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? ☐ ☐ ☒ ☐ Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 51 October 2020 Initial Study/Mitigated Negative Declaration SUMMARY a. Would the project 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? Proposed maintenance activities would occur throughout Contra Costa County and in areas near active fault zones, including the Hayward, Concord, Calaveras, Clayton, and Marsh Creek faults. However, proposed maintenance activities would be primarily limited to vegetation management, in-stream sediment and debris removal, culvert repair/replacement, localized erosion protection along channel banks, and other minor flood control facility maintenance activities. Such activities would be temporary and limited to the time period that maintenance would be conducted. Thus, the risk to maintenance personnel working in these areas from rupture of a fault would be exceedingly low. The proposed program does not include construction of temporary or permanent habitable structures that would be occupied by people. The proposed program would not increase the potential for rupture of a known earthquake fault or result in substantial adverse effects. Therefore, there would be no impact on people or property due to fault rupture. ii) Strong seismic ground shaking? Contra Costa County is located in a seismically active area that can be expected to experience strong earthquake ground shaking in the future. The duration and intensity of ground shaking would depend upon the magnitude of an earthquake, distance from the epicenter, and ground conditions. The proposed program does not involve the construction of new structures but rather the routine maintenance of existing facilities. Thus, no inhabitable structures would be constructed or maintained under the proposed program that would place new permanent residents at risk of loss, injury, or death from ground shaking. In addition, maintenance activities such as repair and replacement of existing culverts and minor erosion protection along channel banks could reduce the potential for these existing structures to fail during a seismic ground shaking event. Further, when conducting maintenance activities, the County would take the existing seismic conditions into account and conduct all activities in accordance with local design practices to ensure that existing structures are structurally sound and resistant to ground shaking. This impact would be less than significant. iii) Seismic-related ground failure, including liquefaction? The program area includes active stream channels and adjacent floodplains underlain by alluvial soils, which frequently have a shallow water table, and are at risk of liquefaction and differential settlement. According to Figure 10-5 of the Contra Costa County General Plan (Contra Costa County 2005), the program area is within an area potentially susceptible to liquefaction. As discussed in Section 7.0(a)(ii), repair and replacement of culverts would occur in accordance with the current version of the CBC to reduce the potential for structural damage due to seismic activity. Additionally, the routine maintenance activities would not increase the risk of seismic-related ground failure. Therefore, this impact related to seismic-related ground failures would be less than significant. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 52 October 2020 Initial Study/Mitigated Negative Declaration iv) Landslides? Landslides occur most often along the base of slopes and steep streambanks while accelerated erosion can occur on both hills and gently sloping valley areas. Proposed activities primarily occur in engineered channels, access roads, sediment basins, and culverts in low-lying, developed areas with relatively flat topography. According to Figure 10-6 of the Contra Costa County General Plan, no landslide areas are identified within the program area (CCC 2005). In addition, the proposed program includes temporary slope stabilization treatments along earthen channels, which would reduce the risk of slides along channels. This impact would be less than significant. b. Would the project result in substantial soil erosion or the loss of topsoil? Without adequate precautions, proposed maintenance activities involving soil disturbance (e.g., excavation, grading, stockpiling) could result in increased erosion along channel banks or sediment loading into the channel while conducting maintenance activities and in the near-term following completion of the maintenance activity. Examples of maintenance activities involving soil disturbance include culvert repair and replacement, access road maintenance, sediment removal, minor erosion protection along channel banks, and tree removal. To limit the potential for erosion and loss of topsoil, the following BMPs described in Table C-1 of Appendix C would be implemented:  BMP GEN-2: Minimize the Area of Disturbance  BMP GEN-3: Channel Access  BMP GEN-4: Erosion and Sediment Control Measures  BMP GEN-5: Staging and Stockpiling of Materials As incorporated as part of this project, implementation of these BMPs would avoid the potential for erosion and loss of topsoil. Thus, this impact would be less than significant. c. Would the project be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? As stated in Section 7.0(a)(iv) above, the program area predominantly consists of urbanized and relatively flat areas that are not susceptible to landslides. In addition, the proposed maintenance activities would not increase the potential for a landslide. BMP GEN-3 provides general provisions that would prevent land from sliding during and after maintenance activities requiring channel access. Lateral spreading is the horizontal movement of gently sloped (i.e., less than 5 percent slope), saturated, loose soil. Lateral spreading typically occurs along channel banks or depositional areas where saturated, unconsolidated sediments overlie a more compacted soil layer. The alluvial soils throughout much of the program area may be susceptible to lateral spreading under certain conditions. However, proposed maintenance activities do not involve construction of new structures or buildings. Excavation and other earthwork activities including minor erosion repair along channel banks and culvert repair/replacement would Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 53 October 2020 Initial Study/Mitigated Negative Declaration adhere to relevant County standards, thereby increasing bank stability and decreasing the potential for lateral spreading. The proposed program would not involve removal of groundwater or other subsurface resources and would thus, not increase the risk of subsidence or collapse. In summary, the following BMP would minimize potential land sliding impacts:  BMP GEN-3: Channel Access As incorporated as part of this project, with implementation of the above-listed BMP, potential impacts related to unstable geologic units would be less than significant. d. Would the project be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial direct or indirect risks to life or property? Expansive soils are predominantly composed of clays and can undergo substantial volume changes in response to changes in moisture content. During wetting and drying cycles, expansive soils may shrink and swell, creating differential ground movements. This uneven movement can result in potential damage or failure of infrastructure. As discussed in Section 7.0(a)(ii), the proposed program include repair and replacement of existing culverts and repair and minor erosion protection along channel banks, which could be subject to damage related to shrink-swell behavior if improperly designed or installed. However, adherence to applicable County requirements for the repair and replacement of culverts and standards for localized bank protection areas would minimize potential impacts associated with expansive soils. As a result, impacts would be less than significant. e. Would the project have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? The proposed program would not include any facilities that would generate wastewater. Therefore, the proposed program would have no impact associated with placement of septic tanks or other wastewater disposal systems on unsuitable soils in the program area. f. Would the project directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? The majority of proposed maintenance activities are anticipated to be confined to the alluvial deposits where the young age of the alluvial material indicates a very low likelihood and sensitivity for encountering unrecorded paleontological resources. Although some ground disturbing activities would occur, most County flood control channels and facilities are within or adjacent to developed areas where the natural soil composition has likely been altered, reducing the likelihood of encountering a paleontological resource. However, in cases where ground-disturbing maintenance activities could occur where native soils are present, this could result in significant effects on previously documented or unknown paleontological resources. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 54 October 2020 Initial Study/Mitigated Negative Declaration The following BMPs are included as standard operating procedures for proposed program activities to minimize the potential impacts to unique paleontological resources or geologic features. Descriptions of the BMPs are provided in Table C-1 of Appendix C.  BMP CUL-1: Review Sensitivity Maps  BMP CUL-2: Record Search and Field Inventory for Highly or Moderately Sensitive Areas, and Areas of Unknown Sensitivity  BMP CUL-3: Consult with Native American Tribes  BMP CUL-4: Construction Monitoring  BMP CUL 5: Conduct Pre-Maintenance Educational Training  BMP CUL-6: Address Discovery of Cultural Remains or Paleontological Resources Appropriately As incorporated as part of this project, with implementation of the above-referenced BMPs, potential impacts to unique paleontological resources or geologic features would be less than significant. Sources of Information Contra Costa County Department of Conservation and Development. 2005. Contra Costa County General Plan 2005-2020. Website: https://www.contracosta.ca.gov/4732/General-Plan (last accessed December 18, 2019). Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 55 October 2020 Initial Study/Mitigated Negative Declaration Greenhouse Gas Emissions Potentially Significant Impact Less than Significant with Mitigation Incorporated Less-than-Significant Impact No Impact Would the project: a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? ☐ ☐ ☒ ☐ b. Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? ☐ ☐ ☒ ☐ SUMMARY a. Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? The operation of maintenance equipment, worker vehicles, and truck trips associated with maintenance activities would generate greenhouse gas (GHG) emissions through the combustion of fossil fuels. GHG emissions generated by program activities were estimated based on input provided by the County, including maintenance equipment usage and schedule information, and by using CalEEMod Version 2016.3.2. Appendix E includes the County’s model assumptions and estimated GHG emissions for the proposed program. It was estimated that the proposed program would generate approximately 251 metric tons of carbon dioxide [CO2] equivalents per year (MTCO2e/year), which would be substantially below BAAQMD’s 1,100 MTCO2e/year threshold of significance for operational-related GHG emissions (BAAQMD 2017). Because the proposed program’s activities are similar in scale to maintenance activities currently conducted by the County, the amount of CO2 equivalents generated per year under the proposed program would be similar to the amount of CO2 equivalents generated per year under the existing condition. Thus, there would be no change in the amount of GHG emissions generated by maintenance work associated with the proposed program compared to baseline conditions. The County is working actively to decrease fleet emissions by switching to renewable diesel to fuel heavy-duty diesel vehicles and is transitioning their fleet to electric vehicles and hybrids (Contra Costa County 2017). Thus, GHG emissions associated with equipment and County vehicles would continue to decrease overtime. In conclusion, because there would be no increase in the amount of GHG emissions generated under the proposed program, thus, this impact would be less than significant. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 56 October 2020 Initial Study/Mitigated Negative Declaration b. Would the project conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? The State of California has adopted several pieces of legislation aimed at reducing GHG emissions through the entire state. In 2006, AB 32 was passed which required California to reduce GHG emissions to 1990 levels by 2020. In 2016, SB 32 was passed which codified an overall goal for reducing California’s GHG emissions to 40 percent below 1990 levels by 2030. EOs S-3-05 and B-16-2012 were signed between 2004 and 2018 and further expanded upon the state’s reduction goal by requiring the state to reduce GHG emissions to 80 percent below 1990 levels by 2050. EO B-55-18 signed in 2018 established a statewide goal of achieving carbon neutrality by 2045. In order to achieve these statewide GHG reduction targets, the CARB developed the 2017 Climate Change Scoping Plan (2017 Scoping Plan) (CARB 2017), which identifies new policies and actions to accomplish the State’s climate goals. The 2017 Scoping Plan identifies the water sector as a key sector in reducing GHG emissions through maximizing efficiency and conservation efforts and maintaining a reliable water supply. By maintaining the operational capacity and improving the functional integrity of County flood control facilities, flooding is minimized and public safety is improved. Thus, the proposed project would be consistent with the policies and actions related to maximizing water efficiency identified in the 2017 Scoping Plan. In addition, the proposed program would be consistent with the measures outlined in the Contra Costa County General Plan, Contra Costa County Climate Action Plan and other incorporated cities/communities local climate action plans, Plan Bay Area 2040 (MTC 2017), and the BAAQMD’s 2017 Clean Air Plan, which all include policies that limits vehicle idling, reduce waste, and reduce off-road and on-road equipment fleet emissions through use of newer, more efficient, and/or alternatively-fueled equipment (Contra Costa County 2015). The proposed program would be consistent with the goals and policies included in these plans by limiting vehicle idling times as required by the following BMP, as incorporated as part of this project:  BMP AQ-1: Basic Construction Measures Further, Contra Costa County’s efforts to green the County’s fleet by transitioning to alternatively fueled vehicles, including electric vehicles, hybrids, and use of renewable diesel would continue to reduce fleet-related GHG emissions overtime. Thus, emissions generated by the proposed program would not have a substantial contribution to global climate change. Therefore, for the above-described reasons, the proposed program would not conflict with state legislation, or local general or climate action plans. Therefore, this impact would remain as less than significant. Sources of Information BAAQMD. See Bay Area Air Quality Management District. Bay Area Air Quality Management District. 2017a. California Environmental Quality Act Air Quality Guidelines. Available at: http://www.baaqmd.gov/~/media/files/planning-and-research/ceqa/ceqa_guidelines_may2017-pdf.pdf?la=en. Accessed September 24, 2019. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 57 October 2020 Initial Study/Mitigated Negative Declaration California Air Resources Board. 2017. California’s 2017 Climate Change Scoping Plan. Available at: https://ww3.arb.ca.gov/cc/scopingplan/scoping_plan_2017.pdf. Accessed February 14, 2020. CARB. See California Air Resources Board. Contra Costa County. 2015. Climate Action Plan. Available at: https://www.contracosta.ca.gov/DocumentCenter/View/39791/Contra-Costa-County-Climate-Action-Plan. Accessed September 24, 2019. Contra Costa County. 2017. Contra Costa County, Public Works, Fleet Services. Available at: https://www.contracosta.ca.gov/DocumentCenter/View/52107/2015-2016-County-Fleet-overview. Metropolitan Transportation Commission. 2017. Plan Bay Area 2040. Available at: http://2040.planbayarea.org/cdn/ff/buje2Q801oUV3Vpib-FoJ6mkOfWC9S9sgrSgJrwFBgo/1510696833/public/2017-11/Final_Plan_Bay_Area_2040.pdf. MTC. See Metropolitan Transportation Commission. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 58 October 2020 Initial Study/Mitigated Negative Declaration Hazards and Hazardous Materials Potentially Significant Impact Less than Significant with Mitigation Incorporated Less-than-Significant Impact No Impact Would the project: a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? ☐ ☒ ☐ ☐ b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? ☐ ☒ ☐ ☐ c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? ☐ ☐ ☒ ☐ d. Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would create a significant hazard to the public or the environment? ☐ ☒ ☐ ☐ e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? ☐ ☐ ☒ ☐ f. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? ☐ ☐ ☒ ☐ g. Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? ☐ ☐ ☒ ☐ Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 59 October 2020 Initial Study/Mitigated Negative Declaration SUMMARY a. Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? The proposed program would involve the routine transport, use, and disposal of hazardous materials, such as herbicides, fuel, oil, solvents, and related materials. For example, for vegetation management activities, the County may need to transport herbicides to control nuisance vegetation along access roads and channel banks, or within County-maintained flood control channels, and then dispose of herbicide containers or applicator equipment after use. For other maintenance activities (e.g., culvert replacement, sediment removal, etc.), the County would use heavy equipment that would require fuel, oil, lubricants, and other potentially hazardous materials. In addition, it is possible that proposed maintenance activities could encounter contaminated soil or water that would require transport and disposal. Such routine transport, use, and disposal of hazardous materials could potentially create a hazard to the public or the environment (e.g., if workers did not wear appropriate personal protective equipment [PPE] when applying herbicides; or if hazardous materials were not disposed of in proper locations or at approved facilities). However, regulations under the Occupational Safety and Health Administration (OSHA) require that the County or its contractors provide workers with PPE to limit exposure to potentially harmful hazardous materials (Department of Labor 2019). The State’s Hazardous Waste Control Act of 1972 also requires that counties track and dispose of its hazardous waste at approved facilities. Additionally, aquatic herbicide application must be conducted in compliance with the Statewide General NPDES Permit for Residual Aquatic Pesticide Discharges from Algae and Aquatic Weed Control Applications (Water Quality Order 2013-0002-DWQ). Compliance with these existing laws and regulations would greatly reduce the potential for proposed maintenance activities to create a significant hazard to the public or the environment. Additionally, implementation of BMPs, as identified below, would minimize potential for improper storage, handling, use, transport, and disposal of hazardous materials. A description of these BMPs is provided in Table C-1 of Appendix C.  BMP GEN-5: Staging and Stockpiling of Materials  BMP GEN-6: On-Site Hazardous Materials Management  BMP GEN-7: Existing Hazardous Materials  BMP GEN-8: Spill Prevention  BMP GEN-9: Spill Response  BMP GEN-10: Vehicle and Equipment Maintenance  BMP GEN-11: Vehicle and Equipment Fueling  BMP GEN-17: Standard Herbicide Use and Application Requirements  BMP GEN-18: Herbicide Applicator Training  BMP GEN-19: Herbicide Application Personnel Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 60 October 2020 Initial Study/Mitigated Negative Declaration While implementation of the above-listed BMPs, incorporated as part of this project, would address the majority of potential impacts, they would not fully address the potential for proposed maintenance activities involving ground disturbance to encounter contaminated soil, sediment, or groundwater, thus potentially exposing maintenance workers and the public to hazards, which would be potentially significant. Implementation of Mitigation Measure HAZ-1, which requires testing and proper disposal of contaminated soil, sediment and groundwater, would minimize potential impacts to less than significant with mitigation. Impact HAZ-1 Maintenance activities involving ground disturbance could encounter contaminated soil, sediment, or groundwater thus potentially exposing maintenance workers and the public to hazards. Implementation of Mitigation Measure HAZ-1 requires testing and proper disposal of contaminated soil, sediment and groundwater and would minimize potential impacts. Mitigation Measure HAZ-1: Testing and Proper Disposal of Contaminated Soil, Sediment and Groundwater Prior to initiating ground-disturbing activities, the County or its contractors will inspect the soil, sediment, or groundwater for the presence of possible contamination. If indicators of contamination (e.g., foul odor, staining or sheen, etc.) are found, the County or its contractors will test the soil, sediment or groundwater. If results indicate contamination is present, the County or its contractors will treat the soil, sediment, or groundwater as potentially hazardous and dispose of the material at an approved hazardous waste disposal facility. In removing potentially contaminated soil, sediment, or groundwater, workers will wear protective clothing and equipment to limit their exposure. b. Would the project 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? Hazardous materials used during maintenance activities (e.g., herbicides, fuel, oil, lubricants, solvents, etc.) could potentially be released to the environment through upset or accidental spills if adequate precautions are not taken. Such a release could harm aquatic or terrestrial organisms and pose a hazard to maintenance workers and/or the public. Implementation of the BMPs listed below would minimize the potential for accidental releases by requiring proper storage of hazardous materials, including secondary containment, and implementing spill prevention and control measures. Additionally, aquatic herbicide application in flood control channels would be conducted in compliance with the Statewide General NPDES Permit for Residual Aquatic Pesticide Discharges from Algae and Aquatic Weed Control Applications (Water Quality Order 2013-0002-DWQ), further reducing the likelihood of releasing hazardous materials into the environment. The County would implement the following BMPs, as incorporated as part of the project, to minimize temporary impacts. A description of these BMPs is provided in Table C-1 of Appendix C. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 61 October 2020 Initial Study/Mitigated Negative Declaration  BMP GEN-5: Staging and Stockpiling of Materials  BMP GEN-6: On-Site Hazardous Materials Management  BMP GEN-7: Existing Hazardous Materials  BMP GEN-8: Spill Prevention  BMP GEN-9: Spill Response  BMP GEN-10: Vehicle and Equipment Maintenance  BMP GEN-11: Vehicle and Equipment Fueling  BMP GEN-17: Standard Herbicide Use and Application Requirements  BMP GEN-18: Herbicide Applicator Training  BMP GEN-19: Herbicide Application Personnel While implementation of the above-listed BMPs, incorporated as part of the project, would address the majority of potential impacts, they may not fully address the potential for proposed maintenance activities to create a significant hazard to the public or environment through accidental release of hazardous materials. More specifically, the accidental release of any contaminated soil, sediment and groundwater encountered during proposed maintenance activities could result in a potentially significant impact to the public or environment. Implementation of Mitigation Measure HAZ-1, which requires testing and proper disposal of contaminated soil, sediment and groundwater, would minimize potential impacts to less than significant with mitigation. c. Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Routine maintenance activities would involve the transport and use of small quantities of fuels, lubricants, and herbicides, which may be hazardous. Additionally, the County’s flood control channels may intersect with areas of existing soil or groundwater contamination. Proposed program activities would typically occur in and along County maintained channels and access roads. There are numerous schools, particularly in West County, located within 0.25 mile of flood control channels maintained by the County. Although no maintenance activities would occur on school property, it is possible that they could occur within close proximity of a school, potentially exposing children to hazardous materials. Table 7 shows anticipated routine maintenance sites within 0.25-mile of a school. Table 7. County Flood Control Channels within 0.25-Mile of a School County Region Creek Name School(s) Within 0.25-Mile Distance to School(s) (Miles) West County Rodeo Creek Bayo Head Start 0.25 St. Patrick’s Catholic School 0.05 Rodeo Hills Elementary School 0.21 Pinole Creek La Casita Bilingue Montessori School 0.1 St. Joseph School 0.15 Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 62 October 2020 Initial Study/Mitigated Negative Declaration County Region Creek Name School(s) Within 0.25-Mile Distance to School(s) (Miles) Pinole Valley High School 0.08 Sigma Continuation High School 0.17 Patty’s Pinole Child Care 0.02 Garrity Creek North Campus Continuation High School 0.12 Rheem Creek Bayview Elementary School 0.01 Wildcat Creek/Basin Verde Elementary School 0.02 Central County Viano Basin Morello Park Elementary School 0.25 Clayton Valley Drain Marchus School 0.10 Grayson Creek Diablo Valley College 0.10 Valley View Middle School 0.03 College Park High School 0.11 Gregory Gardens Elementary School 0.09 Strandwood Elementary School 0.20 East Branch Grayson Creek Sequoia Middle School 0.02 Sequoia Elementary School 0.14 Pleasant Hill Education Center 0.12 Pleasant Hill Middle School 0.12 Prospect Alternative High School 0.12 Walnut Creek Gurnick Academy of Medical Arts 0.11 John F. Kennedy University 0.14 Fair Oaks Elementary School 0.05 Willow Creek Learning Center 0.13 The Seven Hills School 0.02 Walnut Creek Intermediate School 0.02 Walnut Boulevard Kinder Care 0.07 Bypass Las Lomas High School 0.03 San Ramon Creek Las Lomas High School 0.02 Murwood Elementary School 0.01 Corpus Christi School 0.22 Rancho Romero Elementary School 0.23 San Ramon Valley High School 0.04 St. Isidore School 0.03 Starlight Montessori School 0.08 John F. Baldwin Elementary School 0.16 Charlotte Wood Middle School 0.03 Greenbrook Elementary School 0.17 Montessori School of San Ramon 0.02 Stepping Stones Learning Center 0.05 Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 63 October 2020 Initial Study/Mitigated Negative Declaration County Region Creek Name School(s) Within 0.25-Mile Distance to School(s) (Miles) Green Valley Creek San Ramon Valley Christian Academy 0.03 Vista Grande Elementary School 0.08 Sycamore Creek Children’s Academy of Danville 0.15 Stratford School 0.15 West Branch Alamo Creek Diablo Vista Middle School 0.25 Alamo Creek Tassajara Hills Elementary School 0.13 Tributary of San Ramon Creek Central County Special Education Programs School 0.07 Stone Valley Middle School 0.18 Sans Craint Creek Murwood Elementary School 0.01 Las Trampas Creek The Doris Eaton School 0.16 Parkmead Elementary School 0.16 Childs Day School 0.17 Building Bridges School 0.01 Springstone School 0.01 Lafayette Nursery School 0.02 Old Firehouse School 0.01 Lafayette Elementary School 0.09 M.H. Stanley Middle School 0.06 Galindo Creek Educational Testing Services 0.02 Concord Childcare Center 0.04 Pine Creek Meadow Homes Elementary School 0.05 Foothill Middle School 0.25 Eagle Creek Montessori School 0.23 Pine Creek Basin Northgate High School 0.02 Ygnacio Drain Spectrum Center Schools 0.19 Building Blocks Children’s Center 0.08 De la Salle High School 0.07 Ygnacio Valley High School 0.01 Oak Grove Middle School 0.15 St. Francis of Assisi School 0.24 East County Marsh Creek Delta Vista Middle School 0.21 Iron House Elementary School 0.19 Los Medanos College 0.02 Willow Middle School 0.01 Stay & Play Preschool 0.19 Aim High Child Care 0.13 Line E Sunflowers Childcare 0.22 Line E1 Marsh Creek Elementary School 0.05 Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 64 October 2020 Initial Study/Mitigated Negative Declaration County Region Creek Name School(s) Within 0.25-Mile Distance to School(s) (Miles) Sand Creek Wee Care Children’s Center 0.09 Little Handprints Preschool 0.14 William B. Bristow Middle School 0.03 Deer Creek William B. Bristow Middle School 0.02 Dry Creek Montessori School of Brentwood 0.23 Childhaven Preschool 0.14 Heavy equipment used during maintenance activities would emit some diesel exhaust and related emissions that can be hazardous. In general, these emissions would be similar to emissions associated with road and other construction projects that commonly occur throughout Contra Costa County, including in proximity to existing schools. While the amount and duration of the emissions would depend on the specific characteristics of the maintenance project, the emissions would not pose an acute health hazard to children at any nearby school. In most cases, emissions would last a few days at any given location and no longer than 2-3 weeks (for larger maintenance projects). The proposed program would transport, store, use, and dispose of hazardous materials, such as herbicides, fuel, oil, lubricants, and solvents. While it is possible that such handling of materials could occur in proximity to a school, these activities would not pose a significant health hazard to school children. The proposed program would implement BMPs, listed below, that would require safe storage, handling, and disposal of hazardous materials and minimize the potential for accidental releases of hazardous materials to the environment. It is not anticipated that the County would conduct herbicide spraying within 10 feet of a school. However, if herbicides were applied to areas within 10 feet of school grounds, the County would be required to follow the Healthy Schools Act and implement regulations in the California Education Code. For sites that provide public access and where the County plans to use herbicides, the County would post notices on and adjacent to the site, notifying the public of the herbicide application schedule. Compliance with these existing laws and regulations and advance notice to the public would minimize potential hazards from herbicide use. The County would implement the following BMPs to minimize temporary hazardous impacts to schools.  BMP GEN-6: On-Site Hazardous Materials Management  BMP GEN-8: Spill Prevention  BMP GEN-9: Spill Response  BMP GEN-17: Standard Herbicide Use and Application Requirements  BMP GEN-18: Herbicide Applicator Training  BMP GEN-19: Herbicide Application Personnel Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 65 October 2020 Initial Study/Mitigated Negative Declaration As incorporated as part of the project, implementation of the above-listed BMPs would reduce the impact to less than significant. d. Would the project 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? Several hundred known contaminated hazardous sites are identified in the West and Central County (California Department of Toxic Substances Control [DTSC] 2019). Because maintenance activities would vary each year and the status of existing contamination and cleanup efforts changes frequently, it is difficult to determine the degree to which maintenance activities would impact (or be impacted by) existing contaminated hazardous sites. Routine maintenance activities would typically occur along County maintained channels and access roads. Because many channel reaches in Contra Costa County run through urban and/or industrial areas with contaminated underlying soils, it is possible that maintenance activities involving ground disturbance could occur on documented hazardous materials sites that are listed pursuant to California Government Code Section 65962.5. While proposed maintenance activities are unlikely to occur in these areas, it is possible that a future maintenance activity involving ground disturbance may be required on a site that is listed as an open or active clean-up site in GeoTracker or EnviroStor databases. In such instances, maintenance workers could be subjected to potential hazards from contaminated soil that may be disturbed on the site. For sediment removal activities, BMP GEN-14 (Testing and Disposal of Sediment) requires soil testing to determine suitability for potential reuse and disposal and requires appropriate disposal of sediment if hazardous levels of contaminants are encountered. While BMP GEN-14 helps minimize the risk of encountering hazardous materials during sediment removal work, this measure is not mandatory for all sediment removal activities and other ground-disturbing maintenance activities may have the potential to expose maintenance workers to contaminated soil. However, with implementation of Mitigation Measure HAZ-2, this impact would be less than significant with mitigation. Impact HAZ-2 Maintenance activities involving ground disturbance that occur on hazardous materials sites may expose maintenance workers to contaminated soil or other hazardous materials. Implementation of Mitigation Measure HAZ-2 requires the County to review the proximity of maintenance activities to known hazardous materials sites and conduct environmental site assessments, if necessary. Mitigation Measure HAZ-2: Review of Proximity to Existing Known Hazardous Materials Clean-up Sites and Implementation of Safety Precautions The County and/or its contractors will evaluate the proximity of proposed maintenance sites that involve ground-disturbing activities to existing known hazardous material clean-up sites. This review will include examination of the planned maintenance activity footprint in relation to records of hazardous materials sites in the State Water Resources Control Board’s GeoTracker database and the Department of Toxic Substances Control’s EnviroStor database. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 66 October 2020 Initial Study/Mitigated Negative Declaration If the proposed maintenance activity is located on or within 100 feet of a documented hazardous material contamination site, for which clean-up activities have not been completed or been successful, the County and/or its contractors will commission a Phase I Environmental Site Assessment to more fully characterize the past land uses and potential for soil and/or groundwater contamination to occur at or in close proximity to the site. If the Phase I Environmental Site Assessment demonstrates a reasonable likelihood that contamination remains within the proposed maintenance activity’s area of disturbance, the County and/or its contractors will commission a Phase II Environmental Site Assessment, including soils testing, to characterize the extent of the contamination and develop ways to avoid the contaminated areas during maintenance activities. The County will follow all recommendations of the Phase II Environmental Site Assessment and conduct the proposed maintenance to avoid areas of contamination, to the extent feasible. In the event that it is not feasible to avoid all areas of contamination, the County and/or its contractors will follow all applicable laws regarding management of hazardous materials and wastes. This includes proper disposal of any contaminated soil in a hazardous waste landfill, and ensuring that workers are provided with adequate personal protective equipment to prevent unsafe exposure. e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard or excessive noise for people residing or working in the project area? The Contra Costa County Airport Land Use Compatibility Plan (ALUCP) promotes compatibility between the airports in Contra Costa County and the land uses, which surround them. Two public airports are located within Contra Costa County, both of which are within the jurisdiction of the ALUCP: Buchanan Field Airport, located at 550 Sally Ride Dr, Concord, CA, in the northern portion of Central County; and Byron Airport, located at 550 Eagle Ct, Byron, CA in East County (Contra Costa County 2000). The proposed program would not include any activities in the vicinity of Byron Airport. However, routine maintenance activities would occur in several locations along Walnut Creek, on the eastern perimeter of Buchanan Field Airport. Specific activities may include mowing, livestock grazing, and sediment removal. Similar maintenance activities could also occur further north along Walnut Creek, and immediately west and north of the airport along Grayson Creek. These activities would occur within 2 miles of the Airport Influence Area. However, these maintenance activities would not introduce people permanently to an area that could be subject to safety hazards or excessive noise. In addition, the proposed program would not involve construction of any new housing or structures in the vicinity of an airport that could exceed height limitations for protection of navigable airspace. This impact would be less than significant. f. Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Proposed maintenance activities on Contra Costa County or other local roads, or operation of heavy equipment on roadways, could potentially interfere with traffic movement and impair Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 67 October 2020 Initial Study/Mitigated Negative Declaration evacuation procedures in the event of an emergency. Such activities include trash and debris removal, fallen and hazardous tree removal, culvert repair/replacement, sediment removal, and vegetation management. These activities would be temporary, not lasting more than a few days at each site, and thus are not expected to interfere with emergency response or evacuation operations. However, Contra Costa County or other local roads could be temporarily impacted if maintenance activities required temporary closure of one lane of traffic during work. Implementation of the BMPs listed below would minimize potential for maintenance activities to impact emergency access and would require that the County notify emergency service providers in the event of any temporary lane closures. As incorporated as part of the project, implementation of the following BMPs would minimize the potential for maintenance activities to affect emergency response or evaluation. A description of each BMP is provided in Table C-1 of Appendix C:  BMP GEN-22: Maintain Traffic Flow  BMP GEN-23: Traffic Control and Public Safety In addition to the above-listed BMPs, fuel and vegetation management activities conducted along channel access roads would have a beneficial effect by ensuring that emergency vehicle access is maintained along these facilities. For these reasons, this impact would be less than significant. g. Would the project expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? The proposed program would not involve construction of any new habitable structures or homes. As a result, the proposed program would not expose new structures or permanent residents to a significant risk of loss involving wildland fires. While a portion of Contra Costa County falls within High and Moderate Fire Hazard Severity Zones (CAL FIRE 2007), the majority of the County’s routine maintenance activities would take place outside of these areas (see Figure 10 in Appendix A). Several known routine maintenance sites are located near a High Fire Hazard Severity Zones in the southern portion of Central Contra Costa County and operation of equipment could increase the potential for igniting a brush fire and triggering a wildland fire. To minimize fire risk, the County would conduct mowing in accordance with CAL FIRE standards (e.g., mowing before 10 a.m. during summer months). Additionally, the following methods would be employed to minimize potential impacts associated with maintenance work:  Check weather predictions for air temperature, humidity, and wind speeds prior to mowing activities. Mowing would not commence or shall cease if the following conditions are present: (1) ambient air temperature exceeds 80 degrees Fahrenheit, (2) the relative humidity is at 30 percent or lower, or (3) wind speeds reach 10 miles per hour or higher.  Prior to commencing mowing activities, inspect the area to be mowed for rocks and other objects that can produce a spark and cause a fire hazard. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 68 October 2020 Initial Study/Mitigated Negative Declaration The County would also implement the following BMP, as incorporated as part of the project, to minimize wildfire risks, which requires on-site fire suppression equipment, spark arrestors on all equipment with internal combustion engines, and restricts activities on high fire danger days. A description of this BMP is provided in Table C-1 of Appendix C.  BMP GEN-24: Fire Prevention With the implementation of relevant requirements and the above BMP and because maintenance activities at any given site would be temporary in nature, impacts associated with exposing maintenance workers to a significant risk of loss, injury, or death involving wildland fires would be less than significant. Sources of Information California Department of Toxic Substance Control. 2019. EnviroStor: Contra Costa County. Available at: https://www.envirostor.dtsc.ca.gov/public/map/?myaddress=contra%20costa. Accessed on August 23, 2019 DTSC. See California Department of Toxic Substance Control. California Department of Forestry and Fire Protection. 2007. Draft Fire Hazard Severity Zones in Local Responsibility Area: Contra Costa County. Available at: https://frap.fire.ca.gov/media/6375/fhszl06_1_map7.pdf. Accessed August 23, 2019. CAL FIRE. See California Department of Forestry and Fire Protection. Contra Costa County. 2000. Contra Costa County Airport Land Use Compatibility Plan. Available at: https://www.contracosta.ca.gov/DocumentCenter/View/851/Cover-Introduction-and-County-wide-Policies?bidId=. Accessed August 27, 2019. State Water Resources Control Board. 2019. National Pollutant Discharge Elimination System (NPDES) Pesticides - Weed Control Available at: https://www.waterboards.ca.gov/water_issues/programs/npdes/pesticides/weed_control.html. Accessed August 27, 2019. SWRCB. See State Water Resources Control Board. United States Department of Labor, Occupational Health and Safety Administration. 2019. Occupational Safety and Health Standards - 1910.132 - General requirements. Available at: https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.132. Accessed August 27, 2019. OSHA. See United States Department of Labor, Occupational Health and Safety Administration. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 69 October 2020 Initial Study/Mitigated Negative Declaration Hydrology and Water Quality Potentially Significant Impact Less than Significant with Mitigation Incorporated Less-than-Significant Impact No Impact Would the project: a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? ☐ ☐ ☒ ☐ b. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? ☐ ☐ ☐ ☒ c. Substantially alter the existing drainage pattern of area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: ☐ ☐ ☒ ☐ i. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on-site or off-site? ☐ ☐ ☒ ☐ ii. Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? ☐ ☐ ☒ ☐ iii. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? ☐ ☐ ☒ ☐ iv. Impede or redirect flood flows? ☐ ☐ ☒ ☐ d. In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? ☐ ☐ ☒ ☐ Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 70 October 2020 Initial Study/Mitigated Negative Declaration Potentially Significant Impact Less than Significant with Mitigation Incorporated Less-than-Significant Impact No Impact e. Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? ☐ ☐ ☒ ☐ SUMMARY An in-depth discussion of the physical watersheds, stream networks, hydrology and water quality can be found in Chapter 3, Physical Setting, of the Manual (Appendix G). The program area is divided into three general regions –West County, Central County, and East County and are referred to by region in the discussion below. West County and Central County are within the jurisdiction of the San Francisco Regional Water Quality Control Board [RWQCB] and East County is within the jurisdiction of the Central Valley RWQCB. See Figure 1 in Appendix A for an overview of the three regions and Figures 2 through 7 in Appendix A for a more detailed overview of streams in each region. a. Would the project violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? The Water Quality Control Plans for the San Francisco Bay Basin (Region 2) and the Central Valley (Region 5) establish beneficial uses for surface waters within the County. Beneficial uses for surfaces waters within Contra Costa County include fish migration (MIGR), preservation of rare and endangered species (RARE), warm freshwater habitat (WARM), wildlife habitat (WILD), water contact recreation (REC-1), noncontact water recreation (REC-2), commercial and sport fishing (COMM), cold freshwater habitat (COLD), freshwater replenishment (FRSH), and fish spawning (SPWN) (Central Valley RWQCB 2018 and San Francisco RWQCB 2017). The following subsections describe the ways in which conducting proposed maintenance activities could temporarily degrade water quality and/or affect designated beneficial uses mentioned above, including ground disturbance, disturbance of existing contaminated sediment, accidental release of hazardous materials, vegetation management, use of herbicides, and other maintenance-related pollutants. In many cases, addressing the County’s maintenance activities (particularly repair/replacement of failed culverts, minor erosion protection treatments, and trash/debris removal) would have water quality benefits as these activities would stabilize slopes, reduce sediment loading into creeks, and remove pollutants from County maintained channels. Thus, in the long-term once maintenance activities are complete at a given site, water quality conditions would be improved in comparison to existing conditions. Ground-disturbing Activities Proposed ground-disturbing maintenance activities including sediment and debris removal, culvert repair and replacement, access road and ramp maintenance, and as-needed erosion protection along earthen channels could result in erosion and the movement of sediment to surface waters downstream from the work areas. The movement and transport of soil, Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 71 October 2020 Initial Study/Mitigated Negative Declaration sediment and other loose material associated with these ground disturbing activities could also emit dust which could affect surface waters in the vicinity of the work areas. Other related water quality impacts include increased turbidity and water temperature, and reduced dissolved oxygen levels in the water column. Implementation of the following BMPs (described in Table C-1 of Appendix C) would limit the timing and area of ground-disturbing activities, and require implementation of appropriate erosion and sediment control measures, thereby adequately preventing erosion and sediment transport during and after maintenance activities:  BMP GEN-1: Work Windows  BMP GEN-2: Minimize the Area of Disturbance  BMP GEN-3: Channel Access  BMP GEN-4: Erosion and Sediment Control Measures Sediment Handling and Disposal Sediment excavated as part of the maintenance efforts may be (1) reused by the EBRPD which manages parkland within Contra Costa County; (2) reused at other County facilities; (3) given away to landowners for free by the County, or (4) disposed of at an appropriate facility. Depending on the location of the sediment removal site, upstream and adjacent land uses, and quantity of sediment to be removed, sediment may be tested to determine whether hazardous levels of contaminants are present prior to removal and would either be reused or disposed of at an appropriate facility. If sediment is considered hazardous, it would be disposed of at a hazardous waste facility. Implementation of the following BMPs (described in Table C-1 of Appendix C) would prevent mobilization of sediment during and after maintenance activities and would require proper testing and appropriate disposal of hazardous materials if encountered:  BMP GEN-2: Minimize the Area of Disturbance  BMP GEN-4: Erosion and Sediment Control Measures  BMP GEN-5: Staging and Stockpiling Materials  BMP GEN-7: Existing Hazardous Materials  BMP GEN-13: Invasive Plant Removal  BMP GEN-14: Testing and Disposal of Sediment In-Channel Activities In-channel maintenance activities including sediment removal and other minor maintenance activities could result in water quality impacts through the disturbance of streambed and banks, which may result in increased turbidity in the water column and migration of sediment to areas downstream. Work will generally occur under dry channel conditions (April 15 through October 31), as specific in BMP GEN-1 (Work Windows). However, if maintenance is necessary where water is in the channel, dewatering would be conducted through the use of Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 72 October 2020 Initial Study/Mitigated Negative Declaration a cofferdam or water bladder system. Silt fences, floating silt curtain or other devices are typically installed to prevent silt movement downstream of the work area. Implementation of the following BMPs would minimize impacts on water quality by reducing sediment pollution from work areas during dewatering activities, and reduce potential impacts associated with maintenance equipment and concrete used in or near the channel.  BMP GEN-12: Flow Diversions and Dewatering Measures  BMP GEN-3: Channel Access  BMP GEN-10: Vehicle and Equipment Maintenance  BMP GEN-11: Vehicle and Equipment Fueling  BMP GEN-16: Use of Cementitious Materials Accidental Release of Hazardous Materials Maintenance activities would be conducted using both hand tools and larger mechanized equipment. Larger mechanized equipment used for sediment removal (i.e., walking excavator, self-propelled excavator, backhoe, or long-reach excavator) would be operated from the top of bank above and outside of the channel on maintenance access roads or easement areas to the maximum extent possible. However, if a long reach excavator operated from the top of bank is not possible (e.g., due to the height of tall vertical concrete channel walls or limited easement space at the top of bank), County staff may use a front loader or articulated excavator to push sediment to the side of the channel and allow to drain. Fuel and lubricants, such as oil and grease, are used in excavation and maintenance equipment and vehicles. Equipment and worker vehicles would be stored and refueled in separate areas, away from any slopes, watercourses, or drainage facilities. If hazardous materials were accidentally released directly or indirectly into the stream channel, the sediment and water in and around the work site could be significantly degraded. Fine sediments contained within stream channels are particularly susceptible to adsorption of pollutants such as petroleum products. Water in the channels can transport pollutants downstream and carry them through the soil into underlying groundwater, thus affecting a larger area. Accidental release of maintenance-related hazardous materials could result in a significant impact on water quality. Implementation of the following BMPs would minimize the potential for accidental releases of hazardous materials into stream channels by requiring appropriate material and equipment staging, maintenance, and refueling areas, onsite hazardous materials management, spill prevention and response, and work site housekeeping:  BMP GEN-5: Staging and Stockpiling of Materials  BMP GEN-6: On-Site Hazardous Materials Management  BMP GEN-7: Existing Hazardous Materials  BMP GEN-8: Spill Prevention  BMP GEN-9: Spill Response  BMP GEN-10: Vehicle and Equipment Maintenance  BMP GEN-11: Vehicle and Equipment Fueling Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 73 October 2020 Initial Study/Mitigated Negative Declaration  BMP GEN-15: Worksite Housekeeping  BMP GEN-16: Use of Cementitious Materials Vegetation Management Effects on Water Temperature Proposed vegetation management activities would be limited and would not involve significantly thinning the riparian corridor. The primary purpose of vegetation management activities along flood control channels and facilities is to protect infrastructure and maintain the designed hydraulic capacity; therefore, it is unlikely that maintenance activities would remove the canopy over channels to such an extent that water temperatures would increase and exceed Basin Plan water quality objectives (e.g., increase of 5ºF above background conditions). As a result, vegetation management activities would not permanently affect water quality and thus would not cause water temperatures to increase and exceed water quality objectives. Additionally, thinning of vegetation and removal of dead branches may even result in a beneficial effect to water temperatures in the long-term by maintaining or increasing canopy cover over channels. Use of Herbicides/Rodenticides While herbicides would be applied in accordance with all applicable requirements and regulations, accidental release of herbicides or transport of applied herbicides, in stormwater runoff, to local surface waters could result in water quality impacts. Implementation of the following BMPs would require herbicides to be labeled, stored, and applied properly in accordance with manufacturer’s requirements; protect against potential impacts on water quality from the accidental spill of herbicides; and require compliance with all USEPA-mandated herbicide requirements pertaining to California red-legged frogs including minimizing the area and timing of use and requiring specific herbicide application techniques. Additionally, the use of rodenticides may have the potential to affect water quality. However, adherence to BMPs would limit rodenticide use to bait stations at reservoir/dam sites.  BMP GEN-6: On-Site Hazardous Materials Management  BMP GEN-8: Spill Prevention  BMP GEN-9: Spill Response  BMP GEN-17: Standard Herbicide Use and Application Requirements  BMP GEN-18: Herbicide Applicator Training  BMP BIO-15: Use of Rodenticides  BMP BIO-3: Protection of California Red-Legged Frog Other Maintenance-Related Pollutants and Other Impacts Trash from maintenance activities would pose a potential water quality risk if transported to surface waters in the program area. However, any trash generated during maintenance work Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 74 October 2020 Initial Study/Mitigated Negative Declaration would be limited and would be properly disposed of in accordance with the following BMP to minimize the potential for waste to be transported to waters in the Program area.  BMP GEN-15: Worksite Housekeeping Conclusion As incorporated as part of the project, implementation of the BMPs mentioned above would minimize the potential for proposed maintenance activities to substantially degrade water quality or violate water quality standards or waste discharge requirements. Over the long term, proposed maintenance activities such as erosion protection improvements, vegetation management, culvert repair/replacement, trash and debris removal, and sediment removal would provide water quality benefits by reducing existing erosion and ensuring adequate flood conveyance within County maintained creeks and channels. Therefore, this impact would be less than significant. b. Would the project substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? Groundwater basins that underlie the program area are described in Chapter 3 of the Maintenance Manual (Appendix G). Proposed maintenance activities would not interfere with groundwater recharge as none of the activities would involve installation or construction of new impervious surface area or substantial surface soil compaction such as to limit soil permeability and groundwater infiltration. Proposed maintenance activities also would not involve withdrawal from groundwater aquifers underlying the program area. As a result, proposed maintenance activities would have an imperceptible effect on groundwater recharge and would not impede sustainable groundwater management of the basins within the proposed program area. Therefore, no impacts to groundwater would occur under the proposed program. c. Would the project substantially alter the existing drainage pattern of area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would: i) Result in substantial erosion or siltation on- or off-site? The proposed program would not result in substantial erosion or siltation on- or off-site given implementation of applicable BMPs (see Section 10.0[a]). While in-channel activities such as sediment removal could result in the temporary disturbance of streambed and banks, which may result in increased turbidity in the water column and migration of sediment to areas downstream, implementation of BMPs would minimize these potential adverse effects. Over the long term, the proposed program would maintain County flood control facilities to prevent runoff flows from causing erosion and siltation. Therefore, with implementation of BMPs noted above under Section 10.0(a), program impacts regarding erosion or siltation would be less than significant. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 75 October 2020 Initial Study/Mitigated Negative Declaration ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? The proposed program would not substantially increase the rate or amount of surface runoff, as none of the proposed activities would create new or expanded areas of impervious surface. To the contrary, many of the proposed maintenance activities are needed to maintain conveyance capacity in channels, such as to prevent potential flooding from occurring and to efficiently transport surface runoff downstream. Thus, this impact would be less than significant. iii, iv) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems, provide substantial additional sources of polluted runoff or impede or redirect flood flows? As stated above, the proposed program would not create or contribute runoff water which would exceed the capacity of existing stormwater drainage systems. The proposed program would not result in the creation of any additional impervious surface which could generate increased runoff volumes. Additionally, implementation of applicable BMPs noted above in Section 10.0(a) would limit potential for temporary maintenance sites to generate polluted runoff (e.g., from accidental discharge of hazardous materials used in construction equipment). The purpose of the program is to protect existing infrastructure and maintain the designed hydraulic capacity of flood control facilities in Contra Costa County. The flood control facilities function as stormwater drainage infrastructure and serve to convey runoff water from adjacent areas. The proposed program also would remove pollutants from the stormwater drainage systems through trash/debris removal. Therefore, the proposed program would result in a less than significant impact. d. In flood hazard, tsunami, or seiche zones, would the project risk release of pollutants due to project inundation? Portions of channels and areas along the San Francisco Bay, San Pablo Bay, and Delta are within the 100- and 500-year flood hazard zones according to Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (FIRM) (FEMA 2019). In addition, small portions along the shoreline in the cities of San Pablo, Richmond, Rodeo, Hercules, Pinole, Martinez, and Crockett are located within a tsunami inundation area (DOC 2019). Some maintenance sites are located either at or downstream from reservoirs and large enclosed bodies of water that may experience seiches. Consequently, effects of flood, tsunami, or seiche events could potentially influence County-maintained channels and maintenance sites. Note that the County does not conduct any maintenance work at the mouth of any creeks where the creeks meet the San Francisco Bay, San Pablo Bay or Carquinez Strait. Maintenance activities would generally occur during the dry season (i.e., between April 15 and October 31). Minimal herbicide use is conducted in certain areas during the fall to control cattail growth. Herbicide is applied only to the cut stump to reduce the amount used and any runoff. BMPs GEN 17 and 18 would also reduce potential for herbicide to enter the creek. If a 100-year flood event, tsunami, or seiche were to occur at the time that maintenance activities are being conducted in areas of Contra Costa County within the inundation areas for these events, a release of pollutants could occur. For example, any hazardous materials (e.g., fuel, oil, lubricants, etc.) stored at maintenance sites could be released during a substantial, Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 76 October 2020 Initial Study/Mitigated Negative Declaration sudden inundation event. However, given the low probability of such events in any given year, and the temporary nature of maintenance activities in any one location, the probability of this event occurring is exceedingly low. Therefore, this impact would be less than significant. e. Would the project conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? The proposed program would not obstruct implementation of a water quality control plan or sustainable groundwater management plan. As discussed above in Section 10.0(a), the proposed program’s potential temporary impacts to water quality and designated beneficial uses would be avoided or minimized through implementation of applicable BMPs listed in Section 10.0(a). Over the long term, the proposed program would largely benefit water quality (e.g., through removal of trash/debris) and the functionality of many of the County’s natural and engineered channels. Additionally, the proposed program would not use groundwater or interfere with groundwater recharge, and thus would not conflict with or obstruct implementation of a sustainable groundwater management plan. Therefore, this impact would be less than significant. Sources of Information California Department of Conservation. 2019. Contra Costa County Tsunami Inundation Maps. Available: www.conservation.ca.gov/cgs/tsunami/maps/contra-costa. Accessed January 28, 2020. Central Valley Regional Water Quality Control Board. 2018. The Water Quality Control Plan (Basin Plan) for the California Regional Water Quality Control Board Central Valley Region. Available: www.waterboards.ca.gov/centralvalley/water_issues/basin_plans/ sacsjr_201805.pdf. Accessed January 29, 2020. Central Valley RWQCB. See Central Valley Regional Water Quality Control Board. DOC. See California Department of Conservation. Federal Emergency Management Agency. 2019. National Flood Hazard Layer FIRMette. Available: msc.fema.gov/portal/search?AddressQuery=richmond%20california# searchresultsanchor. Accessed September 9, 2019. FEMA. See Federal Emergency Management Agency. San Francisco Regional Water Quality Control Board. 2017. San Francisco Bay Basin (Region 2) Water Quality Control Plan (Basin Plan). Available: www.waterboards.ca.gov/ sanfranciscobay/water_issues/programs/planningtmdls/basinplan/web/docs/BP_all_chapters.pdf. Accessed January 29, 2020. San Francisco RWQCB. See San Francisco Regional Water Quality Control Board. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 77 October 2020 Initial Study/Mitigated Negative Declaration Land Use and Planning Potentially Significant Impact Less than Significant with Mitigation Incorporated Less-than-Significant Impact No Impact Would the project: a. Physically divide an established community? ☐ ☐ ☒ ☐ b. Cause a significant environmental impact due to conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? ☐ ☐ ☒ ☐ SUMMARY a. Would the project physically divide an established community? The proposed program would be limited to maintenance of County flood control channels, basins, bridges, and other minor storm drainage facilities. The proposed program would not permanently affect access to surrounding land uses of County maintained facilities or create any new permanent, physical barriers between developed communities. Most maintenance activities would be temporary in duration and occur no longer than 2-3 weeks at any one location. A majority of maintenance work would take place from existing channel access roads and ramps. However, as described in Section 17.0, Transportation, some culvert repair/replacement activities and channel sediment removal work may require staging or operation of equipment from local roads which could temporarily disrupt traffic flow. Additionally, as described in Section 16.0 Recreation, some maintenance activities may temporarily disrupt trail access. The following BMPs, incorporated as part of the project and described in Table C-1 of Appendix C, would ensure that appropriate measures are implemented to limit the area of disturbance and minimize traffic flow disruptions and trail access restrictions, and thereby minimize temporary disruptions to existing communities.  BMP GEN-2: Minimize the Area of Disturbance  BMP GEN-22: Maintain Traffic Flow  BMP GEN-23: Traffic Control and Public Safety Once maintenance activities are completed at a given location, maintenance-related access disruptions to existing communities would cease. Because proposed maintenance activities would be short-term and implementation of the above-referenced BMPs would minimize temporary disruptions to nearby communities, this impact would be less than significant. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 78 October 2020 Initial Study/Mitigated Negative Declaration b. Would the project cause a significant environmental impact due to conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? In general, goals and policies of the Contra Costa County General Plan (2005) include: • conserving natural resources and open space by controlling the extent and timing of urban growth, • preserving and protecting ecological resources, • preserving watersheds and natural waterways to support natural vegetation and wildlife, and • protecting creeks and riparian zones from damage caused by nearby development. Proposed maintenance activities would not result in new development as no new permanent habitable structures would be created and land would not be altered from its present use. In some areas (i.e., San Pablo Creek and Wildcat Creek), activities would take place within designated setbacks (Contra Costa County 2005). Such setbacks are intended to limit development and encourage resource conservation in these sensitive areas. Although proposed maintenance activities would result in various temporary environmental impacts (described throughout this chapter), the proposed program would support many of the County’s general plan goals and policies which mutually emphasize natural resource protection and enhancement while acknowledging the need for flood risk protection. The proposed program would support the County’s general plan goals and policies by providing adequate capacities of flood control channels and stormwater facilities; reducing the risk of roadway flooding, which thereby protects surrounding development and other land uses; and improving the quality and condition of habitat along and within the County’s flood control facilities (e.g., by managing vegetation including invasive plant removal and removing trash and debris). Further, adherence to BMPs incorporated as part of the project and implementation of mitigation measures identified throughout this environmental document would protect natural resources within the program area and minimize any temporary impacts associated with maintenance work. For these reasons, potential conflicts with land use plans and policies would be less than significant. Sources of Information Contra Costa County Department of Conservation and Development. 2005. Contra Costa County General Plan 2005-2020. Website: https://www.contracosta.ca.gov/4732/General-Plan (last accessed December 18, 2019). Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 79 October 2020 Initial Study/Mitigated Negative Declaration Mineral Resources Potentially Significant Impact Less than Significant with Mitigation Incorporated Less-than-Significant Impact No Impact Would the project: a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? ☐ ☐ ☐ ☒ b. Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? ☐ ☐ ☐ ☒ SUMMARY a, b. Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? Would the project result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? The proposed program is not located within any of Contra Costa County’s known significant mineral resource areas, according to Figure 8-4 (Mineral Resource Areas) in the Conservation Element of the Contra Costa County General Plan (2005). Additionally, the State Department of Conservation, Office of Mine Reclamation does not recognize any active mines located within the vicinity of County maintained flood control facilities. Therefore, the proposed program would not result in the loss of availability of a known mineral resource that would be of value to the region and it would not result in the loss of a locally-important mineral resource recovery site. As a result, there would be no impact. Sources of Information Contra Costa County Department of Conservation and Development. 2005. Contra Costa County General Plan 2005-2020. Website: https://www.contracosta.ca.gov/4732/General-Plan (last accessed December 18, 2019). Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 80 October 2020 Initial Study/Mitigated Negative Declaration Noise Potentially Significant Impact Less than Significant with Mitigation Incorporated Less-than-Significant Impact No Impact Would the project result in: a. Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? ☐ ☒ ☐ ☐ b. Generation of excessive groundborne vibration or groundborne noise levels? ☐ ☐ ☒ ☐ c. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? ☐ ☒ ☐ ☐ SUMMARY a. Would the project result in generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? The proposed program would result in temporary increases in ambient noise levels during the day from the operation of construction equipment and use of vehicles and trucks associated with maintenance activities. Noise from the operation of maintenance equipment could affect sensitive receptors (e.g., residents, recreational users, school children) located in close proximity to maintenance work areas. Table 8, below, summarizes specific noise criteria and noise restrictions on heavy equipment from general plans and noise ordinances of jurisdictions where maintenance sites are located. For the proposed program, noise regulations and standards of Contra Costa County, and the municipalities of Antioch, Brentwood, Concord, Danville, Lafayette, Martinez, Moraga, Oakley, Orinda, Pittsburg, Pleasant Hill, Richmond, San Ramon, and Walnut Creek would be considered when maintenance activities occur within these jurisdictions. As indicated in Table 7, most jurisdictions restrict the hours of when construction activities may occur. Of these municipalities, Contra Costa County and the cities of Richmond and Lafayette also establish numeric noise level thresholds for residential areas (see Table 7). None of the other municipalities in Contra Costa County have noise regulations establishing specific noise level thresholds for construction projects. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 81 October 2020 Initial Study/Mitigated Negative Declaration Table 8. General Plan and Noise Ordinance Standards Jurisdiction Specific Noise Criteria Contra Costa County Contra Costa County does not have a noise ordinance; however, noise is addressed in the Nuisance Code (716-8.1008) and General Plan Noise Element. The Nuisance Code states that “operations shall be controlled to prevent nuisances to public and private ownerships because of…noise, and/or vibration.” Relevant policies from the Noise Element include:  New projects are required to meet acceptable exterior noise level standards as established in the Noise and Land Use Compatibility Guidelines contained in Figure 11-6.  The standard for outdoor noise levels in residential areas is a day-night average sound level (DNL) of 60 decibels (dB).*  Construction activities will be concentrated during the hours of the day that are not noise-sensitive for adjacent land uses and occur during normal work hours of the day to provide relative quiet during the more sensitive evening and early morning periods.  The guidelines in Contra Costa County General Plan Figure 11-6 indicate that noise levels of 60 dB or less are acceptable and levels of 70 dB or more are unacceptable in residential areas. Noise levels between 60 dB and 70 dB are conditionally acceptable. Antioch The City of Antioch Noise Ordinance limits the operation of construction equipment to not occur:  on weekdays prior to 7:00 a.m. and after 6:00 p.m.,  on weekdays within 300 feet of an occupied dwelling space, prior to 8:00 a.m. and after 5:00 p.m., and  on weekends and holidays prior to 9:00 a.m. and after 5:00 p.m. Brentwood The City of Brentwood Municipal Code establishes exterior noise levels for different land uses and noise limits based on noise duration. Construction and maintenance work are limited to Monday through Friday, 7:00 a.m. to 3:30 p.m. or until 5:30 p.m. with approval from the city. Construction activities performed by an agency of government is exempt from these standards provided that all equipment is operated in accordance with manufacturer’s specifications and is equipped with all noise reducing equipment in proper condition. Concord The City of Concord Municipal Code exempts public projects and utilities from noise standards and restrictions. Construction is typically allowed between the hours of 7:30 a.m. and 6:00 p.m. on weekdays, and between 8:00 a.m. and 5:00 p.m. on weekends. Danville The Town of Danville requires construction or repair work occurring within or adjacent to a residential area to be conducted between 7:30 a.m. to 7:00 p.m. on weekdays and 9:00 a.m. to 7:00 p.m. on weekends and holidays. Lafayette The City of Lafayette Noise Ordinance contains special provisions for construction and maintenance activities occurring between 8:00 a.m. and 8:00 p.m. weekdays and between 10:00 a.m. and 6:00 p.m. on Sundays and holidays. Those activities are allowed during those times if the noise level at the nearest affected property does not exceed 80 dBA or if no piece of equipment is louder than 83 dBA at a distance of 50 feet. Construction activities between 10:00 p.m. and 7:00 a.m. on weekdays, and any time on Sunday or holidays are subject to more stringent noise limits. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 82 October 2020 Initial Study/Mitigated Negative Declaration Jurisdiction Specific Noise Criteria Martinez The City of Martinez Noise Control Ordinance allows for construction activities to occur between 7:00 a.m. to 7:00 p.m. on weekdays, and 9:00 a.m. to 5:00 p.m. on weekends and holidays. Moraga The Town of Moraga Noise Control Ordinance limits on the use of construction equipment in and around residential areas between 5:00 p.m. and 8:00 a.m. Oakley The City of Oakley Noise Ordinance prohibits construction activities from occurring outside of 7:30 a.m. to 7:00 p.m. on weekdays, and 9:00 a.m. to 7:00 p.m. on weekends and holidays. Orinda The City of Orinda Noise Ordinance limits construction to occur between 8:00 a.m. to 6:00 p.m. weekdays, and 10:00 a.m. to 5:00 p.m. on Saturdays. Pittsburg The City of Pittsburg Municipal Code limits construction from occurring on any site adjoining a lot located in a certain zoning districts that generates loud noises in excess of 65 decibels measured at the property line, except between the hours of 8:00 a.m. and 5:00 p.m. Pleasant Hill The City of Pleasant Hill Noise Ordinance limits the use of construction equipment before 7:30 a.m. and after 7:00 p.m. on weekdays and before 9:00 a.m. and after 6:00 p.m. on weekends. Richmond The City of Richmond Noise Ordinance specifies limits on noise from temporary construction activities. Noise from mobile construction equipment at single-family residential receptors is limited to 75 dBA on weekdays from 7:00 a.m. to 7:00 p.m. and 60 dBA on weekends and holidays from 9:00 a.m. to 8:00 p.m. San Ramon The City of San Ramon Noise Ordinance allows construction to occur from 7:30 a.m. to 7:00 p.m. on weekdays, and 9:00 a.m. to 6:00 p.m. on weekends. Walnut Creek The City of Walnut Creek Noise Ordinance limits some types of maintenance and construction work from occurring on weekends and holidays and before 7:00 a.m. and after 6:00 p.m. on weekdays. Sources: Municode 2020, Moraga 2019, Antioch 2019, Concord 2019, Pittsburg 2019, Pleasant Hill 2019, Walnut Creek 2019, Brentwood 2019, Oakley 2020, Orinda 2019, Richmond 2019, Lafayette 2019, Town of Danville 2020. *This residential noise threshold of 60 dB only applies to permanent stationary noise sources or permanent/ operational noise sources and does not apply to temporary sources associated with construction equipment or project-related traffic. In addition to the local criteria listed in Table 7, above, the Federal Transit Administration (FTA) Transit Noise and Vibration Impact Assessment Manual (FTA 2018) recommends noise and vibration criteria for evaluating daytime construction equipment-related noise impacts in outdoor areas. The FTA recommends noise thresholds of 90 A-weighted decibel scale (dBA) equivalent continuous sound level (Leq) and 100 dBA Leq for residential and commercial/industrial areas, respectively (FTA 2018). The FTA’s criteria and guidance are commonly used for construction-related noise and vibration evaluations. Vibration impact guidelines are discussed in Section 13.0(b) below. For this analysis, local criteria and the FTA’s criteria and guidance are jointly used to analyze the proposed program’s potential noise impacts. To roughly estimate anticipated noise levels at nearby sensitive receptor locations from construction equipment, the FTA recommends that the noisiest two pieces of equipment be used in these noise estimations along with the following assumptions: Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 83 October 2020 Initial Study/Mitigated Negative Declaration  full power operation for a full one hour,  there are no obstructions to the noise travel paths,  typical noise levels from construction equipment are used, and  all pieces of equipment operate at the center of the project site. Using these simplifying assumptions, the noise levels at specific distances can be obtained using the following equation: Where: Leq (equip) = the noise emission level at the receiver at distance D over 1 hour. EL50ft = noise emission level of a particular piece of equipment at reference distance of 50 feet. D = the distance from the receiver to the piece of equipment in feet. In order to add the two noisiest pieces of equipment together, the following equation applies: Where: Ltotal = The noise emission level of two pieces of equipment combined L1 = The noise emission level of equipment type 1 L2 = The noise emission level of equipment type 2 Typical noise levels for the operation of the proposed program’s two loudest pieces of maintenance equipment were used to estimate the individual and combined noise levels at the nearest sensitive receptors (FTA 2018). Note that multiple types of equipment would generate high noise levels, including graders, excavators, bulldozers, rollers, and chainsaws. Table 9 provides the values used for the reference equipment noise levels at 50 feet, and the distances needed from the equipment to comply with the FTA’s and local noise thresholds of the cities of Richmond and Lafayette. The cities of Richmond and Lafayette are the only cities within the program area that have established numeric noise thresholds. The noise thresholds are 75 dBA and 80 dBA for the cities of Richmond and Lafayette, respectively. Appendix F provides details of the operation of equipment used for maintenance activities under the proposed program and anticipated noise levels. For purposes of the proposed program, it was assumed that heavy equipment, such as excavators and bulldozers, would only be operated for approximately four hours a day. Such equipment may be needed for ground-disturbing activities such as localized sediment removal projects and culvert replacement projects. Estimated noise levels are also conservative and represent the noisiest potential combination of equipment operating in tandem, which would not be a frequent occurrence. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 84 October 2020 Initial Study/Mitigated Negative Declaration Table 9. Predicted Noise Levels of Heavy Equipment and Distances to Applicable Noise Thresholds Equipment Type Noise Level at 50 feet (dBA) Distance (feet) to 90 dBA, FTA threshold Distance (feet) to 80 dBA, City of Lafayette Noise Threshold Distance (feet) to 75 dBA, City of Richmond Noise Threshold Excavator 85 28 89 158 Bulldozer 85 28 89 158 Combined 88 40 126 224 Source: FTA 2018, Federal Highway Administration [FHWA] 2019. Noise calculations are shown in Appendix F. In the absence of any additional noise controls, the individual operation of excavators and bulldozers would generate noise levels at or above the FTA’s 90 dBA threshold at a distance of 28 feet or less, and would generate noise levels at the cities of Lafayette and Richmond’s noise thresholds at distances of 89 feet and 158 feet or less, respectively. At distances greater than these identified distances, equipment would generate noise below the established FTA and the cities of Lafayette and Richmond’s thresholds. The simultaneous operation of excavators and bulldozers would generate noise levels at or above the FTA 90 dBA threshold at distances of 40 feet or less, and would generate noise levels at the cities of Lafayette and Richmond’s noise thresholds at distances of 126 feet and 224 feet or less, respectively. Exceeding established noise thresholds in close proximity to sensitive receptors could be a potentially significant impact. While many of the County’s maintenance activities would not involve operation of heavy equipment (e.g., vegetation management, debris and trash removal, and other minor facility repairs), some maintenance activities (e.g., access road maintenance, sediment removal and culvert repair/replacement projects) may exceed established noise thresholds when activities are in close proximity to sensitive residential receptors. Noise impacts associated with sediment removal and culvert repair/replacement projects at individual sites would be temporary, of short duration (up to three weeks for sediment removal and culvert repair/replacement projects), infrequent, and similar in scale and frequency to those currently conducted by the County. Implementation of the following BMPs included in Table C-1 of Appendix C and incorporated as part of the project limit the timing of when maintenance activities can be conducted, require maintenance work to occur during normal work hours (8:00 AM to 5:00 PM, Monday through Friday), consistent with the local noise ordinances, and limit vehicle and equipment idling times to no more than 5 minutes, minimizing potential noise impacts:  BMP GEN-1: Work Windows  BMP AQ-1: Basic Construction Measure While implementation of the BMPs listed above would minimize the majority of potential noise impacts, they would not reduce noise levels below applicable thresholds near sensitive receptors, which would be potentially significant. Implementation of Mitigation Measure NOI-1, which includes the implementation of best noise control practices, would reduce noise generated from maintenance equipment used in close proximity to sensitive receptors. Maintenance activities under the proposed program would also be similar in scale and frequency to those that have taken place historically. As stated above, work at each maintenance site would be temporary, infrequent, and short in duration. Additionally, the Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 85 October 2020 Initial Study/Mitigated Negative Declaration operation of heavy equipment would only be operated during normal construction hours (between 8:00 a.m. and 5:00 p.m.). Therefore, with implementation of the abovementioned BMPs and Mitigation Measure NOI-1 temporary exceedances of thresholds established by the FTA and the cities of Lafayette and Richmond (as applicable) from the use of maintenance equipment would be less than significant with mitigation. Similar to equipment-related noise generated during maintenance activities, traffic-related noise from vehicles and trucks during maintenance activities would be temporary, infrequent, and of a short duration at any given maintenance location. The limited number of daily trips required for maintenance activities (up to six hauling trips/day) would occur during normal work hours, in compliance with local regulations, and would not result in a substantial increase in traffic causing ambient noise levels to substantially increase. Proposed program activities would not be a major permanent source of noise in Contra Costa County. Interstates 80 and 680, State Routes (SRs) 24 and 4, rail operations, Buchanan Field Airport, and industrial uses are the primary sources of noise in Contra Costa County (Contra Costa County 2010). Areas surrounding transportation and industrial uses experience community noise equivalents (CNELs) of 60-80 dBA. The proposed program would not construct any stationary equipment or other permanent sources of noise that would permanently increase ambient noise levels in the program area or exceed the County’s noise threshold of 60 dB for residential areas. Overall, with the implementation of program BMPs and Mitigation Measure NOI-1 the proposed program would comply with applicable noise thresholds. This impact would be less than significant with mitigation. Impact NOI-1 Maintenance activities conducted in close proximity to sensitive receptors could result in significant noise impacts. Implementation of Mitigation Measure NOI-1 requires the implementation of best noise control practices, which would reduce noise generated from maintenance equipment used in close proximity to sensitive receptors. Mitigation Measure NOI-1 Noise Control For all maintenance activities, the County will implement the following noise control practices to minimize disturbances to residential areas surrounding maintenance sites: a. The operation of heavy construction equipment will be limited to occur between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday and comply with applicable local noise requirements. b. Maintenance activities in residential areas will not occur on Saturdays, Sundays, or any holidays except during emergencies, or with advance notification of surrounding residents. Extended hours will be approved by the County Public Works Department and the contractor/Resident Engineer will be available to address any noise concerns during active maintenance work. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 86 October 2020 Initial Study/Mitigated Negative Declaration c. Powered equipment (vehicles, heavy equipment, and hand equipment such as chainsaws) will be equipped with adequate mufflers maintained in good condition. Best available noise control techniques (e.g., mufflers, intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds) will be used for all equipment and trucks, as necessary. d. Stationary equipment (e.g., pumps) will be located as far as practical from noise-sensitive uses. If they must be located near sensitive receptors, adequate muffling (with enclosures where feasible) will be used. Enclosure opening or venting will face away from sensitive receptors. e. Staging areas will be located as far as possible from noise sensitive receptors during maintenance work. f. At maintenance sites where heavy equipment will be used within 40 feet of sensitive receptors for longer than 5 days within the Program area, residents/sensitive receptors will be notified at least one week prior to performing maintenance work. At maintenance sites where heavy equipment will be used within 130 feet and 225 feet in the cities of Lafayette and Richmond, residents/sensitive receptors will be notified at least one week prior to performing maintenance work. The notification will include the anticipated schedule and contact number for a County representative who can address noise complaints. g. The County will use hydraulically or electrically powered equipment wherever feasible to avoid the noise associated with compressed-air exhaust from pneumatically powered tools. However, where use of pneumatically powered tools is unavoidable, an exhaust muffler on the compressed-air exhaust will be used (a muffler can lower noise levels from the exhaust by up to about ten dB). External jackets on the tools themselves shall be used, where feasible, which could achieve a reduction of five dB. b. Would the project result in generation of excessive groundborne vibration or groundborne noise levels? The FTA guidelines establish a construction vibration annoyance threshold of 80 vibration velocity in decibels (VdB) for infrequent events (fewer than 30 vibration events per day) and a damage threshold of 0.12 inches per second (in/sec) peak particle velocity (PPV) for buildings extremely susceptible to vibration damage (FTA 2018). Buildings considered extremely susceptible to vibration damage include fragile historic buildings, ruins or ancient monuments. Vibration and ground-borne noise levels were estimated for the proposed program by following the methods described in the FTA Noise and Vibration Impact Assessment (FTA 2018). For the purposes of this analysis, it was assumed that equipment used during proposed maintenance activities would have similar vibration sound levels as a large bulldozer or loaded trucks. It was also assumed that a vibratory roller may be used for access road and ramp maintenance activities. Table 10 lists PPV and noise vibration levels Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 87 October 2020 Initial Study/Mitigated Negative Declaration for equipment used under the proposed program as well as the distance to sensitive receptors that must be met in order to be comply with the FTA’s established thresholds. Table 10. Construction Equipment and Vibration Distance Equipment PPV at 25 feet Distance to PPV of 0.12 in/sec (Building Damage Threshold) Noise Vibration Level at 25 feet Distance to Noise Vibration of 80 VdB (Annoyance Threshold) Large Bulldozer 0.089 in/sec 20.5 feet 87 VdB 43 feet Loaded Trucks 0.076 in/sec 18.4 feet 86 VdB 39.6 feet Vibratory Roller (only access road and ramp) 0.21 in/sec 36.3 feet 94 VdB 73.2 feet It is unlikely that extremely susceptible buildings would be located within the building damage threshold of maintenance work areas. Although sensitive receptors (i.e., residences) may be located in areas within the noise vibration annoyance threshold, work at each maintenance site would be temporary, infrequent, and short in duration. Therefore, this impact would be less than significant. In addition, and although not necessary to reduce this impact to less than significant, implementation of Mitigation Measure NOI-1 would further reduce groundborne vibration impacts to sensitive receptors by limiting maintenance work near sensitive receptors. c. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Multiple maintenance sites are located within two miles of the Buchanan Field Airport, which is a public use airport located in the city of Concord. Some of those sites are in or adjacent to areas indicated as “Historic Areas of Highest Noise Sensitivity Based on Complaint Volume” in the Buchanan Field Noise Program Overview (Contra Costa County 2016). In addition, portions of Walnut Creek are near Runways 19R/1L and 14L/32R which are within the existing or future 65 CNEL contours indicated in the Buchanan Field Master Plan (Contra Costa County 2008). Other airports in Contra Costa County include the Byron Airport, Sandhill Heliport, and Funny Farm Airport; however, no maintenance sites have been identified within two miles of these airports. Implementation of proposed program activities near the Buchanan Field Airport would potentially expose the program’s workers to temporary excessive noise levels from airport operations. Factors affecting the noise levels to which workers may be exposed from airport operations would include proximity of proposed maintenance sites to an airport, frequency or duration of plane takeoffs or landings, duration of maintenance activities, and noise reducing or shielding structures or terrain between the airport and the maintenance site. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 88 October 2020 Initial Study/Mitigated Negative Declaration Although maintenance work would occur within two miles of the Buchanan Field Airport, maintenance activities at individual sites would be temporary, infrequent, and short in duration and most activities are unlikely to expose maintenance workers to excessive noise levels. Employees who perform maintenance activities near Buchanan Field Airport have a greater potential to experience excessive noise levels. This impact would be significant. For maintenance activities conducted near Buchanan Field Airport, implementation of Mitigation Measure NOI-2 would ensure that maintenance workers use proper personal protective equipment and performed maintenance operations in such a manner that workers were not exposed to excessive noise levels. Therefore, with the implementation of Mitigation Measure NOI-3, this impact would be less than significant with mitigation. Impact NOI-2 Maintenance activities conducted near airports could expose maintenance workers to excessive noise levels. Implementation of Mitigation Measure NOI-2 requires maintenance workers to use proper personal protective equipment and perform maintenance operations to avoid exposure to excessive noise levels. Mitigation Measure NOI-2: Employee Best Management Practices at Airports. The County will require that employees performing any maintenance activities at Buchanan Field airport are supplied with and wear personal protective equipment (i.e., noise-reducing headphones or earplugs) to protect against excessive noise levels. Further, to the extent feasible, maintenance activities would be performed during periods of time when the frequency of plane landings/takeoffs is minimal. Sources of Information Brentwood. 2019. Brentwood Municipal Code. Available at: http://qcode.us/codes/brentwood/?view=desktop. Accessed March 17, 2020. Concord. 2019. A Codification of the General Ordinance of the City of Concord. Available at: https://www.codepublishing.com/CA/Concord. Accessed March 17, 2020. Contra Costa County. 2008. Buchanan Field Airport Master Planning Program. Available at: https://www.contracosta.ca.gov/DocumentCenter/View/30747/Chapter-G---Airport-Plans?bidId=. Accessed December 9, 2019. Contra Costa County. 2016. Contra Costa County Airports Noise Program. Available at: https://www.contracosta.ca.gov/DocumentCenter/View/46626/Noise-Program?bidId=. Accessed December 9, 2019. Federal Highway Administration. 2019. Construction Noise Handbook. Available at: https://www.fhwa.dot.gov/environment/noise/construction_noise/handbook/handbook09.cfm. Accessed December 9, 2019. FHWA. See Federal Highway Administration. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 89 October 2020 Initial Study/Mitigated Negative Declaration Federal Transit Administration. 2018. Transit Noise and Vibration Impact Assessment Manual. Available at: https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/research-innovation/118131/transit-noise-and-vibration-impact-assessment-manual-fta-report-no-0123_0.pdf. Accessed September 24, 2019. FTA. See Federal Transit Administration. Lafayette. 2019. Code of Ordinances Lafayette, CA. Available at: https://library.municode.com/ca/lafayette/codes/code_of_ordinances. Accessed March 17, 2020. Moraga. 2019. Code of Ordinances Moraga, CA. Available at: https://library.municode.com/ca/moraga/codes/code_of_ordinances. Accessed March 17, 2020. Municode. 2020. Contra Costa County Municipal Code, Nuisances Code (716-8.1008), Version December 30, 2019. Accessed: February 11, 2020. Available: https://library.municode.com/ca/contra_costa_county/codes/ordinance_code?nodeId=COCOCOCO. Oakley Municipal Code: A Codification of the General Ordinances of the City of Oakley, California. Accessed: February 13, 2020. Available: https://www.codepublishing.com/CA/Oakley/html/Oakley04/Oakley042.html. San Ramon Municipal Code. Provided on Municode. Accessed: February 14, 2020. Available: https://library.municode.com/ca/san_ramon/codes/code_of_ordinances. Orinda. 2019. Orinda Municipal Code. Available at: https://library.municode.com/ca/orinda/codes/code_of_ordinances. Accessed March 17, 2020. Pittsburg. 2019. Pittsburg Municipal Code. Available at: https://www.codepublishing.com/CA/Pittsburg/. Accessed March 17, 2020. Pleasant Hill. 2019. Pleasant Hill Municipal Code. Available at: https://www.codepublishing.com/CA/PleasantHill/. Accessed March 17, 2020. Richmond. 2020. Richmond Municipal Code. Available at: https://library.municode.com/ca/richmond/codes/code_of_ordinances. Accessed March 17, 2020. San Ramon Municipal Code. 2019. Code of Ordinances. Available at: https://library.municode.com/ca/san_ramon/codes/code_of_ordinances. Accessed February 14, 2020. Town of Danville. 2020. Frequently Asked Questions. Available: https://www.danville.ca.gov/FAQ.aspx. Accessed February 14, 2020. Walnut Creek. 2019. Walnut Creek Municipal Code. Available at: https://www.codepublishing.com/CA/WalnutCreek/. Accessed March 17, 2020. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 90 October 2020 Initial Study/Mitigated Negative Declaration Population and Housing Potentially Significant Impact Less than Significant with Mitigation Incorporated Less-than-Significant Impact No Impact Would the project: a. Induce substantial unplanned population growth in an area, either directly (e.g., by proposing new homes and businesses) or indirectly (e.g., through extension of roads or other infrastructure)? ☐ ☐ ☐ ☒ b. Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? ☐ ☐ ☐ ☒ SUMMARY a. Would the project induce substantial unplanned population growth in an area, either directly (e.g., by proposing new homes and businesses) or indirectly (e.g., through extension of roads or other infrastructure)? The proposed program would be restricted to maintenance of County flood control channels, basins, bridges, and other minor storm drainage facilities. The proposed program would not expand the size or design capacity of stormwater infrastructure or any other utility infrastructure which could remove a barrier to growth or otherwise indirectly induce substantial population growth. In addition, the proposed program would not involve changes to any existing land uses that would result in new development or infrastructure. Therefore, the proposed program would not directly or indirectly induce population growth in the program area. As a result, no impact would occur. b. Would the project displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? As described above, the proposed program would not involve the construction or development of additional infrastructure. No people or housing would be displaced and no construction of replacement housing would occur as part of the proposed program. As a result, no impact would occur. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 91 October 2020 Initial Study/Mitigated Negative Declaration Public Services Potentially Significant Impact Less than Significant with Mitigation Incorporated Less-than-Significant Impact No Impact Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a. Fire Protection ☐ ☐ ☒ ☐ b. Police Protection? ☐ ☐ ☒ ☐ c. Schools? ☐ ☐ ☐ ☒ d. Parks? ☐ ☐ ☐ ☒ e. Other public facilities? ☐ ☐ ☐ ☒ SUMMARY Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: a. Fire Protection As described in Section 14.0, Population and Housing, the proposed program would not induce population growth and therefore would not require construction of new or altered fire protection facilities in order to maintain acceptable response times. However, some maintenance activities (e.g., mowing) would involve the use of internal combustion-powered equipment, in addition to the use and storage of flammable and/or hazardous materials, such as fuel, which could temporarily increase fire risk or provide an ignition source. To minimize fire risk, mowing would be conducted in accordance with CAL FIRE standards (e.g., mowing before 10 a.m. during the summer months). If proposed program activities were to cause a fire, it could require a response from CAL FIRE and other local fire departments, thereby diverting their resources from other calls for service. Additionally, without adequate traffic control, temporary lane closures or detours associated with proposed program activities could affect the mobility of fire apparatus and vehicles and thereby adversely affect fire protection service in the vicinity of the work site. To the extent feasible, two-way traffic flow on all roadways would be maintained, and complete road closures are not anticipated to be required during maintenance activities. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 92 October 2020 Initial Study/Mitigated Negative Declaration The following BMPs described in Table C-1 of Appendix C and incorporated as part of the project, include measures that would reduce the potential risk of fires and maintain traffic flow during maintenance work:  BMP GEN-6: On-site Hazardous Materials Management  BMP GEN-7: Existing Hazardous Materials  BMP GEN-8: Spill Prevention and Response Plan  BMP GEN-9: Spill Response  BMP GEN-10: Vehicle and Equipment Maintenance  BMP GEN-11: Vehicle and Equipment Fueling  BMP GEN-22: Maintain Traffic Flow  BMP GEN-23: Traffic Control and Public Safety  BMP GEN-24: Fire Prevention With implementation of these BMPs, impacts to fire protection response times would be minimal during maintenance work. Therefore, this impact would be less than significant. b. Police Protection The proposed program would not increase population in the program area (see related discussion in Section 14.0, Population and Housing) such as to increase demand for police protection services or require or result in the need to construct new or altered police protection facilities. However, as discussed above, temporary lane closures or detours associated with proposed maintenance activities could affect response times of police services. Implementation of the following BMPs provided in Table C-1 of Appendix C and incorporated as part of the project would minimize disruptions to existing roadways and thereby reduce any potential adverse effects on police service response times:  BMP GEN-22: Maintain Traffic Flow  BMP GEN-23: Traffic Control and Public Safety With implementation of the above-listed BMPs, impacts to police protection response times would be less than significant. c, d, e. Schools, Parks and Other Facilities Proposed program activities would typically occur in and along County maintained channels and access roads. As discussed in Section 14.0(a), the proposed program would not induce population growth such that the provision and construction of new or altered schools, parks or other public facilities would be necessary to meet appropriate performance objectives. As such, no impact related to construction of new or altered schools, parks or other public facilities would occur. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 93 October 2020 Initial Study/Mitigated Negative Declaration Recreation Potentially Significant Impact Less than Significant with Mitigation Incorporated Less-than-Significant Impact No Impact Would the project: a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? ☐ ☐ ☒ ☐ b. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? ☐ ☐ ☐ ☒ SUMMARY a. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? As described in Section 14.0, Population and Housing, the proposed program would not result in population growth in Contra Costa County. Some County maintained channels and other flood control facilities are located in close proximity to recreational trails (e.g., Wildcat Creek is adjacent to Wildcat Creek Trail) and trail access may be temporarily disrupted during certain maintenance activities, which could potentially increase the use of other trails/parks within the Contra Costa County. In addition, several County maintenance roads coincide with designated trails (e.g., Wildcat Creek Trail) and trail access may be temporarily disrupted during maintenance activities along these roads. However, proposed maintenance activities would be short in duration, likely lasting no more than 2-3 weeks, and would be conducted infrequently at any one location. Additionally, given that Contra Costa County has more than 1,200 miles of recreational trails and numerous parks and open space areas, it is unlikely that any temporary effects caused by the proposed program would substantially increase the use of existing parks or other recreational facilities such that physical deterioration of these facilities would occur. As a result, this impact would be less than significant. b. Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? The proposed program would not include any recreational facilities or require the construction or expansion of recreational facilities. Rather, proposed program activities would be limited to maintenance of County maintained channels and other flood control facilities. Therefore, no impact would occur. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 94 October 2020 Initial Study/Mitigated Negative Declaration Transportation Potentially Significant Impact Less than Significant with Mitigation Incorporated Less-than-Significant Impact No Impact Would the project: a. Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities? ☐ ☐ ☒ ☐ b. Conflict or be inconsistent with CEQA Guidelines Section 15064.3(b)? ☐ ☐ ☒ ☐ c. Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? ☐ ☐ ☒ ☐ d. Result in inadequate emergency access? ☐ ☐ ☒ ☐ SUMMARY a. Would the project conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities? The County’s circulation system includes hundreds of miles of roads and streets ranging from freeways and major arterials to local collector streets and rural roads. Freeways include portions of both the federal interstate system (Interstate 80 [I-80], I-580 and I-680) and State freeways SRs 4, 24, 160 and 242). State highways also include the non-freeway portions of SR 4 in West and East County as well as SR 123 (San Pablo Avenue) in El Cerrito and southern Richmond. However, most roads in Contra Costa County are either local streets or rural roads. (Contra Costa Regional Transportation Authority [CCTA] 2019). Major transportation corridors in West County include I-580, I-80, and SR 4, which connect with other San Francisco Bay regions and railroad lines linking the Port of Richmond to the Central Valley. Major transportation corridors in the Central County include I-680, SR 24, and SR 4. Ygnacio Valley Road, Clayton Road, and Concord Boulevard also serve as major thoroughfares and branches of urban growth. In East County, SR 4 serves as a principle commercial corridor and Brentwood Boulevard is a primary 4-lane arterial road. The County’s public transit operators include Alameda-Contra Costa Transit District (AC Transit), County Connection, Tri Delta Transit, and WestCAT, providing bus service in various parts of Contra Costa County. Additionally, Bay Area Rapid Transit (BART) has 12 stations throughout Contra Costa County which serve a number urban and suburban areas with fixed-rail mass transit services, including Richmond, El Cerrito del Norte and El Cerrito Plaza in West County; Orinda and Lafayette in Lamorinda (within Central County); Walnut Creek, Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 95 October 2020 Initial Study/Mitigated Negative Declaration Pleasant Hill/Contra Costa Centre, Concord, and North Concord/Martinez in Central County; and Pittsburg-Bay Point, Pittsburg Center, and Antioch in East County (CCTA 2019). The County also has numerous pedestrian and bicycle facilities including the Iron Horse Trail, Delta de Anza Trail, Contra Costa Canal Trail, Ohlone Greenway, Richmond Greenway, and the San Francisco Bay Trail. Bicycles can access most roadways in Contra Costa County including some portions of freeways. Bicycle facilities range from bike lanes and bike routes, which are part of the street, to bike paths which provide a separate route for bicyclists. (CCTA 2019). Approximately 662 miles of paved regional trails and bicycle routes are located in the Countywide Bike Network (CCTA 2018), with a high concentration of bike lanes in the Central County. As stated in the project description activities typically involve a 4 to 8-person crew, depending on the activity. In addition, the County may conduct two to three maintenance projects concurrently during the peak maintenance season, resulting in up to approximately 24 maintenance workers driving to and from maintenance sites (assumed a crew of eight workers per project). Even if each worker drove independently to the work site, these vehicle trips would have a negligible impact on the local circulation system and would not substantially affect level-of-service or any other performance metric. In a given year, it is anticipated that the County may conduct approximately 10 culvert repair/replacement projects and approximately 12 sediment removal projects. In addition, the County may mow approximately 80 days per year, trim and prune trees and branches approximately 200 days per year, and conduct channel access road maintenance activities for about 5 days per year. Although it may vary from year to year, maintenance activities may generate approximately 255 haul truck trips annually. Most of these estimated haul truck trips are associated with access road and ramp maintenance, sediment removal, and culvert repair and are conservative estimates, assuming a busy work year for the County. As many of the County’s proposed maintenance activities are on-going and currently occur under baseline conditions, the periodic trips generated under the proposed program (e.g., vehicle trips to and from maintenance work sites, haul truck trips, etc.) would be similar to existing conditions. The proposed program would not involve construction of any housing or new retail or commercial uses and would not generate any new long-term vehicle trips Maintenance activities within County roads or other local roads (e.g., trash and debris removal, fallen and hazardous tree removal, culvert repair/replacements, and sediment removal), could require temporary closure of one or more lanes of traffic, which could lead to delays and/or traffic hazards if adequate precautions are not taken. In addition, maintenance activities could potentially require temporary re-routing of bicycle facilities and walking trails that run alongside County channels and/or partial closure of sidewalks within the public right-of-way during sediment removal work at road and bridge crossings. To ensure overall public safety and minimize impacts on pedestrians, bicyclists, motorists, and local transit routes, the County would implement the following BMPs as incorporated as part of the project. A description of each BMP is provided in Table C-1 of Appendix C.  BMP GEN-22: Maintain Traffic Flow  BMP GEN-23: Traffic Control and Public Safety With implementation of the above-listed BMPs, this impact would be less than significant. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 96 October 2020 Initial Study/Mitigated Negative Declaration b. Would the project conflict or be inconsistent with CEQA Guidelines Section 15064.3(b)? As described under item Section 17.0(a) above, many of the proposed maintenance activities would occur at a similar level of frequency as the baseline conditions. Based on the air quality modeling effort completed in CalEEMod, it is estimated that the proposed program would generate 21,516 vehicle miles traveled (VMT) annually, most of which would be due to culvert repair, sediment removal, and access road and ramp maintenance activities. This level of VMT would be similar to existing conditions and thus the proposed program would not conflict or be inconsistent with CEQA Guidelines Section 15064.3(b). Therefore, this impact would be less than significant. c. Would the project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Proposed maintenance activities would not substantially change the design of any roadway or intersection. Rather, the County would repair potentially hazardous conditions on channel access roads through grading, gravel replenishment and fallen tree removal, as needed. Additionally, mowing grasses along channel access roads would also be conducted for the purpose of reducing fire and public safety hazards. Trimming and pruning work is also conducted to maintain adequate access to the County’s flood control facilities. Some maintenance activities may require operation of equipment on County or local roads (e.g., during sediment removal or culvert repair/replacement activities), which could pose hazards to motorists if adequate precautions are not taken. As described above, maintenance activities may require temporary closure of one or more lanes of traffic, and heavy equipment operated on or adjacent to roads would be incompatible with other vehicles. Implementation of the BMPs listed below would minimize the potential for proposed maintenance activities to result in significant impacts regarding increased roadway hazards. The County would implement the following BMPs as incorporated as part of the project. A description of each BMP is provided in Table C-1 of Appendix C.  BMP GEN-22: Maintain Traffic Flow  BMP GEN-23: Traffic Control and Public Safety With implementation of the above-listed BMPs, this impact would be less than significant. d. Would the project result in inadequate emergency access? The proposed program would not include any activities that would permanently block or constrain publicly accessible roadways or emergency access routes. Some maintenance activities such as culvert repair/replacement and sediment removal could require temporary closure of one or more lanes of traffic, which could temporarily interfere with emergency access. Implementation of the BMPs listed below would minimize potential for maintenance activities to significantly affect emergency access, and would require that the County notify emergency service providers in the event of any temporary lane closures. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 97 October 2020 Initial Study/Mitigated Negative Declaration As incorporated as part of the project, the County would implement the following BMPs. A description of each BMP is provided in Table C-1 of Appendix C.  BMP GEN-22: Maintain Traffic Flow  BMP GEN-23: Traffic Control and Public Safety In addition to the above-listed BMPs, vegetation management activities conducted along channel access roads would also ensure that emergency vehicle access is maintained along the County’s access roads. Therefore, impacts to emergency access would be less than significant. Sources of Information Contra Costa Regional Transportation Authority. 2018. Contra Costa Countywide Bicycle and Pedestrian Plan. Available at: https://ccta.net/wp-content/uploads/2018/10/5b8ec26192756.pdf. Accessed September 23, 2019 ________ . 2019. Available at: https://www.ccta.net/wp-content/uploads/2019/09/Draft_CMP19_MainDoc.pdf. Accessed September 27, 2019 CCTA. See Contra Costa Regional Transportation Authority. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 98 October 2020 Initial Study/Mitigated Negative Declaration Tribal Cultural Resources Potentially Significant Impact Less Than Significant With Mitigation Incorporated Less Than Significant Impact No Impact Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Pub. Res. Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: a. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)? ☐ ☐ ☒ ☐ b. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1? ☐ ☐ ☒ ☐ Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: a, b. 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)? 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? PRC Section 21080.3.1 (also referred to as AB 52) requires the lead CEQA agency (i.e., the County) to notify Native American tribes with a traditional and cultural affiliation with the location of a proposed project, if those tribes have formally requested project notification pursuant to PRC Section 21080.3.1(b)(1). Furthermore, mitigation measures for tribal cultural resources (TCRs) must be developed in consultation with the affected California Native American tribe pursuant to newly chaptered PRC Section 21080.3.2, or according to PRC Section 21084.3. PRC Section 21084.3 identifies mitigation measures that include avoidance and preservation of TCRs and treating TCRs with culturally appropriate dignity, considering the tribal cultural values and meaning of the resource. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 99 October 2020 Initial Study/Mitigated Negative Declaration The Wilton Rancheria is the only tribe to have submitted a formal request letter to be notified of projects within Contra Costa County under AB52. The County officially notified the tribe about the proposed program in a letter dated April 24, 2019. In order to reach out to other tribes within the region, Horizon contacted the Native American Heritage Commission (NAHC) on April 25, 2019 for a list of tribes with a traditional and cultural affiliation with the project area, as well as for a search of the Sacred Lands Files. The NAHC responded on April 26, 2019, noting that no sacred sites have been recorded within the vicinity of the program area. The NAHC also provided a list of seven tribes, including the Wilton Rancheria, affiliated with Contra Costa County, and requested that the tribes be contacted for additional information about important cultural sites. Subsequently, Horizon sent project information letters on May 5, 2019, via certified return receipt, to all of the tribes listed by the NAHC (refer to Table 11). All correspondence between the County, NAHC, Horizon, and the notified tribes is provided in Appendix H of the Maintenance Manual (Appendix G of this IS/MND). To date, there has been no response from any of the tribes contacted. Table 11. Native American Consultation List Organization/Tribe Name of Contact Letter Date Letter Receipt Comments Amah Mutsun Tribal Band Valentin Lopez, Chairperson May 5, 2019 - No response within 30 days Amah Mutsun Tribal Band of Mission San Juan Bautista Irenne Zwierlein, Chairperson May 5, 2019 - No response within 30 days Indian Canyon Mutsun Band of Costanoan Ann Marie Sayers, Chairperson May 5, 2019 January 11, 2019 No response within 30 days Muwekma Ohlone Indian Tribe of the San Francisco Bay Area Charlene Nijmeh Chairperson May 5, 2019 January 7, 2019 No response within 30 days North Valley Yokuts Tribe Katherine Erolinda Perez, Chairperson May 5, 2019 - No response within 30 days Ohlone Indian Tribe Andrew Galvin January 4, 2019 January 11, 2019 No response within 30 days Wilton Rancheria Raymond Hitchcock, Chairperson April 25, 2019 May 5, 2019 - No response within 30 days Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 100 October 2020 Initial Study/Mitigated Negative Declaration Although no TCRs have been identified within the program area, there is the potential for archaeological deposits, some of which could be determined to be TCRs, to be discovered during ground disturbing activities in native soils (e.g., excavation beyond existing engineered extent and depths). If proper protocols are not followed, such discovery of archaeological deposits, including potential TCRs, could cause a significant impact. It is also possible that unknown Native American archaeological remains or Native American human remains determined to be TCRs could be discovered during maintenance activities, which could lead to a significant impact. However, implementation of the BMPs listed below and included in Table C-1 of Appendix C would ensure that potential impacts to TCRs would not be significant.  BMP CUL-1 Review Sensitivity Maps  BMP CUL-2 Record Search and Field Inventory for Highly or Moderately Sensitive Areas, and Areas of Unknown Sensitivity  BMP CUL-3 Consult with Native American Tribes  BMP CUL-4 Construction Monitoring  BMP CUL-5 Conduct Pre-Maintenance Educational Training  BMP CUL-6 Address Discovery of Cultural Remains or Paleontological Resources Appropriately Thus, as incorporated as part of the project, the implementation of the BMPs listed above, impacts would be less than significant. Sources of Information California Code, Public Resources Code- Section 21080.3.2. Available at: https://codes.findlaw.com/ca/public-resources-code/prc-sect-21080-3-2.html. Accessed May 6, 2020. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 101 October 2020 Initial Study/Mitigated Negative Declaration Utilities and Service Systems Potentially Significant Impact Less than Significant with Mitigation Incorporated Less-than-Significant Impact No Impact Would the project: a. Require or result in the relocation or construction of new or expanded water, wastewater treatment, or storm water drainage, electric power, natural gas, or telecommunication facilities, the construction or relocation of which could cause significant environmental effects? ☐ ☐ ☐ ☒ b. Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple dry years? ☐ ☐ ☒ ☐ c. Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? ☐ ☐ ☒ ☐ d. Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? ☐ ☐ ☒ ☐ e. Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? ☐ ☐ ☒ ☐ SUMMARY a. Would the project require or result in the relocation or construction of new or expanded water, wastewater treatment, or storm water drainage, electric power, natural gas, or telecommunication facilities, the construction or relocation of which could cause significant environmental effects? The proposed program would not require or result in the construction or relocation of new or expanded water or wastewater treatment, electric power, natural gas, or telecommunication facilities. Other than repair or replacement of existing stormwater drainage facilities (i.e., culvert repair/replacement or removal of trash and debris from drainage features), the County would not construct any new or expanded stormwater drainage facilities. Proposed program activities would be conducted to maintain flood Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 102 October 2020 Initial Study/Mitigated Negative Declaration conveyance and hydraulic capacity of flood control facilities, but would not expand the designed capacity of these facilities. As such, no impact would occur. b. Would the project have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple dry years? The proposed program would not involve construction of any housing, commercial buildings, or any other structures or landscaping that would require permanent water supplies. Dust control activities at maintenance sites (per BMP AQ-1) would require a minimal amount of water, which would likely be supplied by a water truck. Given the relatively limited amount of water needed during certain maintenance activities, no additional water supplies or entitlements would be needed to support the proposed program. Therefore, this impact would be less than significant. c. Would the project result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? The proposed program would not construct any new or expanded housing or other occupied buildings that would generate wastewater or require connection to the municipal wastewater collection and treatment system. A nominal amount of wastewater would be generated by maintenance workers using portable restrooms on-site, which would be off-hauled by the County or its contractor for disposal. This limited amount of wastewater would not substantially contribute to an exceedance of capacity at local wastewater treatment facilities in Contra Costa County. Therefore, this impact would be less than significant. d, e. Would the project generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Would the project comply with federal, state, and local management and reduction statutes and regulations related to solid waste? Solid waste generated by the proposed program maintenance activities would include excavated sediment from flood control facilities and basins; vegetative debris from vegetation management activities; and trash and debris from channels, culvert repair/maintenance, and other maintenance activities. The average amount of sediment removed under the proposed program would be approximately 620 cubic yards annually, a portion of which could be reused or given away to local landowners. Annual volumes of vegetative debris, trash, and other debris requiring disposal would be relatively minor. Non-hazardous sediment that cannot be reused or given away would likely be disposed of either at the Acme or Keller Canyon landfills in Contra Costa County. As of 2012, the Acme Landfill located in Martinez had a remaining capacity of over 500,000 cubic yards (CalRecycle 2019a). As of 2004, the Keller Canyon Landfill located in Pittsburg had a remaining capacity of 63,400 cubic yards (CalRecycle 2019b); however, is currently going through the environmental process to increase the current daily tonnage limit of disposal (Contra Costa County 2019a). Given the relatively limited quantities of solid waste that would be generated by the proposed program, to the proposed program would not substantially contribute to an exceedance of capacity at County landfills. Since the proposed program would prioritize reuse of sediment, it would further the goals of the state and local agencies to minimize solid Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 103 October 2020 Initial Study/Mitigated Negative Declaration waste disposal at landfills. In addition, County landfills may also use disposed soil to spread over solid waste debris to contain gases and assist in the decomposition process, as long as the sediment is not classified as hazardous. Thus, there is a potential for excavated sediment associated with the program to be used at landfills for beneficial purposes as cover material, which would not substantially affect the landfill’s remaining capacity. For the reasons stated above, this impact would be less than significant. Sources of Information California Department of Resources and Recycling and Recovery. 2019a. SWIS Facility Detail Acme Landfill (07AA-0002). Available: www2.calrecycle.ca.gov/SWFacilities/ Directory/07-AA-0002/Detail/. Accessed January 21, 2020. ________ .2019b. SWIS Facility Detail Keller Canyon Landfill (07-AA-0032). Available: https://www2.calrecycle.ca.gov/swfacilities/Directory/07-AA-0032/. Accessed February 17, 2020. CalRecycle. See California Department of Resources and Recycling and Recovery. Contra Costa County. 2019a. Keller Canyon Landfill. Available: www.contracosta.ca.gov/4984/Keller-Canyon-Landfill. Accessed January 21, 2020. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 104 October 2020 Initial Study/Mitigated Negative Declaration Wildfire Potentially Significant Impact Less than Significant with Mitigation Incorporated Less-than-Significant Impact No Impact If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: a. Substantially impair an adopted emergency response plan or emergency evacuation plan? ☐ ☐ ☒ ☐ b. Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby, expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? ☐ ☐ ☒ ☐ c. Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? ☐ ☐ ☒ ☐ d. Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? ☐ ☐ ☒ ☐ SUMMARY a. Substantially impair an adopted emergency response plan or emergency evacuation plan? Much of Contra Costa County is prone to wildfire. Some of the most vulnerable areas include Lamorinda (Lafayette, Moraga, and Orinda), parts of Walnut Creek, Clayton, the Danville/San Ramon area, and the San Pablo-El Cerrito-El Sobrante area. In particular, natural vegetation and dry-farmed grain areas of Contra Costa County are extremely flammable during late summer and fall. Historically, Contra Costa County experienced wildfires roughly every two to three years; however, in recent years, wildfires have occurred annually, with several fires occurring in 2019, including the Marsh Complex Fire southeast of Clayton, which burned 757 acres (Cal Fire 2020). The largest fire over the last ten years was the Morgan fire in September 2013, which burned 3,111 acres, also located southeast of Clayton. The most destructive fire in the region to date was the October 1991 Oakland/Berkeley Hills “Tunnel Fire”, which occurred close to Contra Costa County and resulted in 25 lives lost, destroyed 3,500 homes and burned 1,600 acres (Contra Costa County 2018). Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 105 October 2020 Initial Study/Mitigated Negative Declaration While a significant portion of Contra Costa County falls within very high or high fire hazard severity zones (CAL FIRE 2007), the County’s routine maintenance activities would largely take place outside of these areas (see Figure 10 in Appendix A). Activities with the potential to occur in the vicinity of very high or high fire hazard severity zones are primarily located in Central Contra Costa County near the cities of Pleasant Hill, Walnut Creek, Danville and San Ramon. Portions of several channels (both named and unnamed) are in or within 0.25 mile of either high or very high fire hazard severity zones, including: Tice Creek, San Ramon Creek, Sycamore Creek, and West Alamo Creek. Additionally, in West Contra Costa County, portions of San Pablo Creek, Rodeo Creek and Franklin Creek are in or within 0.25 mile of a high fire hazard severity zone (see Figure 10 in Appendix A). As described in Section 17.0, Transportation and Traffic, and Section 9.0, Hazards and Hazardous Materials, proposed maintenance activities (e.g., trash and debris removal, fallen and hazardous tree removal, culvert repair/replacement, sediment removal, and vegetation management) within County roads could potentially interfere with traffic movement and impair evacuation procedures in the event of an emergency, such as a wildfire. Temporary lane closures and operation of heavy equipment on public roadways could potentially impede movement of fire apparatus and vehicles, as well as residents attempting to flee a wildfire. However, implementation of the following BMPs would minimize these potential effects. A description of these BMPs is provided in Table C-1 of Appendix C.  BMP GEN-22: Maintain Traffic Flow  BMP GEN-23: Traffic Control and Public Safety As incorporated as part of the project, the implementation of these BMPs, impacts to an adopted emergency response plan or emergency evacuation plan would be less than significant. b, d. Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby, expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire / 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? Proposed maintenance activities involving operation of vehicles and internal combustion engine equipment in dryland areas (e.g., high or very high fire hazard severity zones) could increase risk of accidental ignition of a wildfire. In particular, mowing activities could increase potential for igniting a brush fire. To minimize fire risk, the County would conduct mowing in accordance with CAL FIRE standards (e.g., mowing before 10 a.m. during the summer months). Additionally, the following methods would be employed to minimize potential impacts resulting from vegetation management activities:  Check weather predictions for air temperature, humidity, and wind speeds prior to mowing activities. Mowing would not commence or shall cease if the following conditions are present: (1) ambient air temperature exceeds 80 degrees Fahrenheit, (2) the relative humidity is at 30 percent or lower, or (3) wind speeds reach 10 miles per hour or higher. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 106 October 2020 Initial Study/Mitigated Negative Declaration  Prior to commencing mowing activities, inspect the area to be mowed for rocks and other objects that can produce a spark and cause a fire hazard. The County would also implement the following BMP, as incorporated as part of the project, to minimize wildfire risks, which requires on-site fire suppression equipment, spark arrestors on all equipment with internal combustion engines, and restricts activities on high fire danger days. A description of this BMP is provided in Table C-1 of Appendix C.  BMP GEN-24: Fire Prevention With implementation of relevant requirements and the above BMP, the proposed program would minimize risk of igniting a wildfire during maintenance activities. As such, the proposed program activities would not substantially exacerbate fire risk in Contra Costa County such as to potentially expose people or structures to risks, such as uncontrolled spread of a wildfire or downslope or downstream flooding or landslides due to runoff, post-fire instability, or drainage changes. The proposed program would not include construction of any new housing or building which could potentially expose occupant to wildfire-related risks (e.g., pollutant concentrations). Over the long term, the proposed program would reduce the risk of wildfire through targeted vegetation management activities (i.e., fuel load reduction) conducted along the County channel access roads and flood control facilities. Therefore, this impact would be less than significant. c. Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? The proposed program would not require the installation of any new infrastructure specifically for wildfire management in SRAs or very high fire hazard severity zones. Several of the proposed maintenance activities (e.g., vegetation management) would serve the purpose of reducing fire fuel loads and maintaining access to County-owned facilities (the environmental impacts of these activities are evaluated throughout this IS/MND). As discussed in previous subsections, certain proposed activities could increase local fire risk or potentially provide an ignition source to flammable environments; however, these potential impacts could be reduced through compliance with applicable requirements and implementation of BMPs. As such, this impact would be less than significant. Sources of Information California Department of Forestry and Fire Protection. 2007. Draft Fire Hazard Severity Zones in Local Responsibility Area: Contra Costa County. Available at: frap.fire.ca.gov/media/6375/fhszl06_1_map7.pdf. Accessed August 23, 2019. ________ 2020. Incident Archive. Available at: www.fire.ca.gov/incidents/2019/. Accessed January 13, 2020. CAL FIRE. See California Department of Forestry and Fire Protection. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 107 October 2020 Initial Study/Mitigated Negative Declaration Contra Costa County. 2018. Draft Final Contra County Hazard Mitigation Plan - Volume 1—Planning Area-Wide Elements. Available at: 64.166.146.245/docs/2018/CCCFPD/20180612_1115/ 33997_Attachment%202-%20Contra%20Costa%20County%20Draft%20LHMP %20Final_Vol1.pdf. Accessed September 27, 2019. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 108 October 2020 Initial Study/Mitigated Negative Declaration Mandatory Findings of Significance Potentially Significant Impact Less than Significant with Mitigation Incorporated Less-than-Significant Impact No Impact a. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? ☐ ☒ ☐ ☐ b. Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) ☐ ☒ ☐ ☐ c. Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? ☐ ☒ ☐ ☐ SUMMARY a. Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory? As discussed throughout this IS/MND, significant but mitigatable impacts were identified for biological resources, hazards and hazardous materials, and noise. With implementation of BMPs identified in Table C-1 of Appendix C and Mitigation Measures BIO-1, BIO-2, BIO-3, HAZ-1, HAZ-2, NOI-1, and NOI-2the proposed program would not have the potential to substantially reduce the habitat of fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. Therefore, this impact would be less than significant with mitigation. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 109 October 2020 Initial Study/Mitigated Negative Declaration b. Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects.) A cumulative impact refers to the combined effect of “two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts” (State CEQA Guidelines Section 15355). As defined by the State of California, cumulative impacts reflect “the change in the environment which results from the incremental impact of the project when added to other closely related past, present, and reasonably foreseeable probable future projects. Cumulative impacts can result from individually minor but collectively significant projects taking place over a period of time.” (State CEQA Guidelines Section 15355[b]). The following cumulative analysis evaluates the potential cumulative impacts from the proposed program in combination with other related past, present, and probable future projects in the area, shown in Table 12. Table 12. Summary of Cumulative Flood Control Projects in the County Project Name Description Planned or Expected Date Grayson and Walnut Creek Desilt Project Desilt approximately 280,000 cubic yards silt from Grayson and Walnut Creek Construction 2021 or 2022 Lower Walnut Creek Restoration Project Restore and enhance coastal wetlands through invasive species control, grading and excavation, revegetation, and creation of new setback levees and new public access opportunities. Notice to Proceed April 2020 Pinole Creek Demonstration Project Restored tidal marsh and riparian vegetation and reduced flood risk along approximately 1,000 feet of lower Pinole Creek Complete- 2010 Rodeo Creek Watershed Vision Plan Guide planning efforts within the watershed that enhance recreation, flood management, creek bank stability, and fish and wildlife habitat Vision Plan was completed in 2008 Wildcat and San Pablo Creeks Levee Remediation Project Raise and improve the existing levee system in North Richmond to reduce flooding Complete 2017 Source: Contra Costa County 2019 Impacts Avoided The proposed program would have no impact on the following resources and would therefore not contribute to potential cumulative impacts on these resources: Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 110 October 2020 Initial Study/Mitigated Negative Declaration  Agriculture and Forestry Resources  Mineral Resources  Population and Housing Cumulative Impacts Aesthetics Proposed routine maintenance activities would occur solely at County-maintained flood control facilities. Temporary visual impacts would occur from the presence of personnel, equipment, staging, earthwork, and other maintenance-related activities; however, these activities would be temporary and localized and would not result in significant visual impacts. Over the long term, visual conditions of County flood control facilities would generally improve as a result of implementation of the proposed program (e.g., repairing dilapidated/failed culverts and removing sediment from blocked channels). Similarly, impacts related to aesthetics from the other County projects would be site-specific, temporary, and would also improve the existing visual condition of these facilities over the long term. For these reasons, the proposed program would not contribute to a cumulatively significant impact related to aesthetics. Air Quality Refer to the discussion in Section 3.0(b). Because the proposed program’s individual emissions are below the established BAAQMD thresholds for criteria air pollutants, the project would not have a cumulatively significant impact to air quality. Biological Resources The proposed program would likely occur in similar habitats to some of the other flood control projects identified in Table 12. Thus, the proposed program could result in similar habitat impacts, including impacts to drainages and other waterbodies (e.g., wetlands and riparian habitat), as the other cumulative projects. Like the proposed program, other cumulative projects would need to comply with local, State and federal laws and regulations protecting special-status species and sensitive habitats. The majority of the proposed program’s impacts on biological resources would be temporary; however, some permanent loss of riparian habitat and/or wetlands could occur as well as impacts to special-status species and habitat as a result of the proposed activities. These impacts would be compensated for through implementation of Mitigation Measures BIO-1, BIO-2, and BIO- 3, reducing the proposed program’s impact to less than significant. Given that (1) the impacts of the proposed program would be effectively mitigated, (2) many of the proposed program’s long-term effects on biological resources would be beneficial (e.g., invasive plant removal, trash and debris removal), and (3) many of the other cumulative projects identified in Table 11 involve restoration and enhancement of habitats, the proposed program would not have a cumulatively considerable impact to biological resources. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 111 October 2020 Initial Study/Mitigated Negative Declaration Cultural Resources and Tribal Cultural Resources Many of the other cumulative projects identified in Table 12 may involve some amount of ground disturbance, and thus may have potential to uncovered buried archaeological resources, some of which could be TCRs. If proper protocols were not followed, this could result in adverse effects on cultural resources and TCRs. However, similar to the proposed program, none of the cumulative projects would be anticipated to affect known built environment resources or substantially change a place or landscape. Also, flood control and habitat restoration and enhancement projects would generally have less of a potential to adversely affect cultural resources and TCRs than other typical development projects in Contra Costa County, such as housing developments. Given implementation of BMPs, significant effects on cultural resources and TCRs from the proposed program would be avoided or minimized. Overall, the proposed program would not have a cumulatively considerable impact cultural resources or TCRs. Energy Most of the other cumulative projects identified in Table 12 would involve operation of construction equipment and use of energy in the form of fossil fuels. However, similar to the proposed program, the energy use associated with these other projects would be temporary. None of the projects would include construction of housing, buildings, or commercial or industrial uses that could create a substantial long-term demand for energy. As such, and given the fact that the proposed program’s energy use would be relatively minor and similar to existing conditions, the proposed program would not have a cumulatively considerable impact to energy. Geology, Soils, Seismicity Flood control projects in general pose minimal risk with respect to geology, soils, and seismicity, as these projects would not place any new structures or people in locations that are potentially susceptible to geologic hazards. While the other cumulative projects shown in Table 12 may involve sediment removal and earthmoving, none of these projects would be expected to result in substantial loss of topsoil. Implementation of the proposed program would improve the resilience of existing flood control facilities to geologic hazards, thus improving public safety, and implementation of BMPs would prevent or minimize maintenance-related effects on soils (e.g., erosion) or paleontological resources. As such, the proposed program would not contribute to a cumulatively significant impact regarding geology, soils, and seismicity. Greenhouse Gas Emissions GHG are cumulative in nature and the cumulative impact from GHG production at a global scale is significant. The proposed program would generate GHG emissions during maintenance activities; however, these activities would be limited in nature and duration, similar to activities conducted in the existing condition, and be required to comply with state and local regulations. Similar to the proposed program, the other projects identified in Table 12 would also generate GHG emission; however, these would be temporary and would be required to comply with state and local regulations. Thus, the proposed program would not contribute to a cumulatively significant impact to greenhouse gas emissions. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 112 October 2020 Initial Study/Mitigated Negative Declaration Hazards and Hazardous Materials Similar to the proposed program, other flood control projects would be required to comply with standard federal, state, and local requirements to minimize impacts related to hazardous materials. The other cumulative projects listed in Table 12 would be expected to use hazardous materials during construction and operation of construction equipment, and certain projects may involve the use of herbicides over the longer term for vegetation management. All herbicide application is required to comply with federal, state and local standards and label specifications. As described in Section 9.0, Hazards and Hazardous Materials, proposed maintenance activities would be of short duration in any one location and generally would be confined to small areas. Implementation of Mitigation Measures HAZ-1 and HAZ-2 would ensure that maintenance workers and the public are protected from any contaminated soils encountered during maintenance activities and any contamination associated with known hazardous materials cleanup sites in proximity to proposed activities. Given the above, the proposed program would not substantially contribute to a cumulatively significantly impact related to hazards and hazardous materials. Hydrology and Water Quality Similar to the proposed program, many of the other cumulative projects identified in Table 12 would benefit hydrology and water quality over the long term through removing excess sediment and managing overgrown or invasive vegetation. Short-term maintenance-related impacts could occur, and many of the streams in Contra Costa County are impaired for various constituents. As described Section 10.0, Hydrology and Water Quality, the proposed program would implement BMPs to minimize potential maintenance-related impacts on hydrology and water quality. Similar to the other cumulative projects, the proposed program would not include any new impervious surface that would generate additional runoff and create potential for generation of polluted stormwater. Given the long-term benefits of the proposed program and implementation of effective BMPs, the proposed program would not substantially contribute to a cumulatively significant impact related to hydrology and water quality. Land Use and Planning The proposed program would not divide an established community or conflict with existing land use plans or policies. Similar to the proposed program, other identified cumulative projects would not include substantial above-ground structures or developments and would be primarily limited to habitat restoration and enhancement and flood protection. Thus, the proposed program would not contribute to a cumulatively significant impact related to land use. Noise Similar to the proposed program, the other cumulative projects identified in Table 12 would generate construction noise similar to or greater than the proposed program. As described in Section 13.0, Noise, noise generated during maintenance activities would be temporary and of short duration at any given location and generally localized. All maintenance work would occur during normal work hours, in compliance with the relevant jurisdictions’ noise standards. Implementation of Mitigation Measures NOI-1 and NOI-2would ensure that noise control measures are implemented in locations in close proximity to sensitive Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 113 October 2020 Initial Study/Mitigated Negative Declaration receptors/residences and that all maintenance workers wear appropriate personal protective gear when working within two miles of an airport, respectively. Further once maintenance is complete at a given site, the proposed program would not permanently increase noise levels above the existing condition. For the reasons above, the proposed program would not result in a cumulatively significant impact related to noise. Public Services The other cumulative projects in Contra Costa County (see Table 12) would have limited potential to adversely affect public services, as these projects would not induce population growth (i.e., would not include housing, generate new permanent jobs, or remove barriers to growth) such as to increase demand for public services or directly impact any fire protection, police protection, school, or park facilities. Population density and public service facilities are variable throughout Contra Costa County and cumulative impacts are likely to be more location-specific. While the proposed program could increase fire risk from operation of internal combustion engine equipment in vegetated areas, compliance with applicable requirements (e.g., CAL FIRE) and implementation of BMPs would minimize this potential risk and any associated impacts on fire protection services. The proposed program and other cumulative projects would not adversely affect other types of public services (e.g., police, schools, parks). Therefore, the proposed program would not contribute to a cumulatively significant impact to public services. Recreation The proposed program would not induce population growth that would result in a significant increased use of recreation facilities in the program area. The proposed program may result in temporary disruptions to recreational trails located adjacent to maintenance sites; however, these activities would be of short duration and localized to a specific maintenance site. In addition, maintenance activities would not significantly affect the availability of public trails or other recreational facilities. Similar to the proposed program, impacts to recreational facilities from other projects would be localized and would be short-term. In general, Contra Costa County has a large number of trails and recreational facilities, although the relationship of these facilities to population varies throughout Contra Costa County. Overall, the proposed program would not contribute to a cumulatively significant impact related to recreation. Transportation During maintenance activities, the proposed program would contribute some vehicle traffic to local roadways (e.g., vehicle trips to maintenance sites and truck haul trips); however, the vehicle traffic and VMT from the proposed program would be similar to existing conditions and the ongoing maintenance work conducted by the County. For any activities occurring on local or County roads that may result in temporary closures or detours, appropriate traffic controls would be implemented to maintain traffic flow and reduce potential safety hazards. In general, traffic conditions in Contra Costa County are variable and congestion-related cumulative impacts would be relatively localized. Some of the other cumulative projects listed in Table 12 may generate relatively large numbers of haul truck trips (e.g., transportation of sediment), but like the proposed program would not create substantial long-term vehicle trips or VMT. As a result, the proposed program would not contribute to a cumulatively significant impact related to transportation. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 114 October 2020 Initial Study/Mitigated Negative Declaration Utilities and Service Systems As described above, the proposed program would not directly nor indirectly induce growth in the program area and therefore would not increase the cumulative demand for utilities and service systems. Given that the other cumulative projects identified in Table 12 would not include any housing or similar land uses that would require permanent water, wastewater, electricity, or other utilities services, these projects also would not increase cumulative demand for utilities and service systems. Like the proposed program, restoration and maintenance of creeks and flood control facilities would improve the conveyance capacity of these features and their ability to convey runoff. Any temporary need for water or wastewater service during construction or maintenance activities for the proposed program and other cumulative projects would be limited and would have no potential to substantially contribute to an exceedance in capacity or need for additional entitlements or sources. Therefore, the proposed program would not contribute to a cumulatively significant impact to utilities and service systems. Wildfire As discussed under Section 20.0, Wildfire, although some proposed maintenance activities may occur in the vicinity of very high or high fire hazard severity zones, compliance with applicable requirements and implementation of BMPs during maintenance activities would minimize the risk of accidental ignition of a wildfire. Over the long term, the proposed program would reduce the risk of wildfire in the program area through targeted vegetation removal along County flood control facilities. Similar to the proposed program, other cumulative projects would be required to implement fire safety measures during construction activities, such that these projects would not substantially exacerbate wildfire risks. Over the long term, these projects would not establish land uses that could increase overall wildfire risk or place new people or structures in areas susceptible to wildfire. Therefore, the proposed program would not contribute to a cumulatively significant impact to wildlife. Summary Based on the cumulative impacts analysis provided above, and with the implementation of BMPs and mitigation measures included herein, the proposed program would not result in any significant cumulative environmental impacts. This impact would be less than significant with mitigation. c. Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? Based on the analysis provided in the above resource sections, the proposed program would result in less than significant impacts for the following resources topics: air quality, geology, soils, and seismicity, hydrology and water quality, and wildfire. Mitigation measures pertaining to biological resources, hazards and hazardous materials, and noise would reduce program-related impacts to a less than significant level. As such, implementation of the already identified mitigation measures would ensure that the effects on human beings would be less than significant with mitigation. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 115 October 2020 Initial Study/Mitigated Negative Declaration Sources of Information Contra Costa County. 2019b. Projects. Available online at: https://www.contracosta.ca.gov/5589/Projects. Last accessed December 27, 2019. Contra Costa County Routine Maintenance Program 116 October 2020 Initial Study/Mitigated Negative Declaration REFERENCES Bay Area Air Quality Management District. 2017a. California Environmental Quality Act Air Quality Guidelines. Available at: http://www.baaqmd.gov/~/media/files/planning-and-research/ceqa/ceqa_guidelines_may2017-pdf.pdf?la=en. Accessed September 24, 2019. . 2017b. Spare the Air Cool the Climate. Final 2017 Clean Air Plan. Available at: 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 September 24, 2019. . 2019. Air Quality Standards and Attainment Status. Available at: http://www.baaqmd.gov/about-air-quality/research-and-data/air-quality-standards-and-attainment-status. Accessed September 24, 2019. BAAQMD. See Bay Area Air Quality Management District. Brentwood. 2019. Brentwood Municipal Code. Available at: http://qcode.us/codes/brentwood/?view=desktop. 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Forests and Timberlands – Region 3 Map. CDFW. California Department of Fish and Wildlife. Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 117 October 2020 Initial Study/Mitigated Negative Declaration California Department of Forestry and Fire Protection. 2007. Draft Fire Hazard Severity Zones in Local Responsibility Area: Contra Costa County. Available at: https://frap.fire.ca.gov/media/6375/fhszl06_1_map7.pdf. Accessed August 23, 2019. ________ . 2020. 2019 Incident Archive. Available at: www.fire.ca.gov/incidents/2019/. Accessed January 13, 2020. CALFIRE. See California Department of Forestry and Fire Protection. California Department of Resources and Recycling and Recovery. 2019a. SWIS Facility Detail Acme Landfill (07AA-0002). Available: www2.calrecycle.ca.gov/SWFacilities/ Directory/07-AA-0002/Detail/. Accessed January 21, 2020. ________ . 2019b. SWIS Facility Detail Keller Canyon Landfill (07-AA-0032). 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Available: https://www.contracosta.ca.gov/depart/cd/water/HCP/archive/final-hcp-rev/final_hcp_nccp.html. Accessed: January 24, 2020. Federal Emergency Management Agency. 2019. National Flood Hazard Layer FIRMette. Available: msc.fema.gov/portal/search?AddressQuery=richmond%20california# searchresultsanchor. Accessed September 9, 2019. FEMA. See Federal Emergency Management Agency. Federal Highway Administration. 2019. Construction Noise Handbook. Available at: https://www.fhwa.dot.gov/environment/noise/construction_noise/handbook/handbook09.cfm. Accessed December 9, 2019. FHWA. See Federal Highway Administration. Federal Transit Administration. 2018. Transit Noise and Vibration Impact Assessment Manual. Available at: https://www.transit.dot.gov/sites/fta.dot.gov/files/docs/research-innovation/118131/transit-noise-and-vibration-impact-assessment-manual-fta-report-no-0123_0.pdf. Accessed September 24, 2019. FTA. See Federal Transit Administration. 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A Geoarchaeological Overview and Assessment of Northeast California: Cultural Resources Inventory of Caltrans County 2 Rural Conventional Highways: Lassen, Modoc, Plumas, Shasta, Siskiyou, Tehama, and Trinity Counties. Far Western Anthropological Research Group, Inc., Davis, California. Submitted to California Department of Transportation, County 2, Redding, California Moraga. 2019. Code of Ordinances Moraga, CA. Available at: https://library.municode.com/ca/moraga/codes/code_of_ordinances. Accessed March 17, 2020. Municode. 2020. Contra Costa County Municipal Code, Nuisances Code (716-8.1008), Version December 30, 2019. Available at: https://library.municode.com/ca/contra_costa_county/codes/ordinance_code?nodeId=COCOCOCO. Accessed February 11, 2020. Oakley Municipal Code: A Codification of the General Ordinances of the City of Oakley, California. Available at: https://www.codepublishing.com/CA/Oakley/html/Oakley04/Oakley042.html. Accessed February 13, 2020. Orinda. 2019. 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Available at: https://library.municode.com/ca/san_ramon/codes/code_of_ordinances. Accessed February 14, 2020. State Water Resources Control Board. 2019. National Pollutant Discharge Elimination System Pesticides - Weed Control Available at: https://www.waterboards.ca.gov/water_issues/programs/npdes/pesticides/weed_control.html. Accessed August 27, 2019 Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 121 October 2020 Initial Study/Mitigated Negative Declaration SWRCB. See State Water Resources Control Board. Town of Danville. 2020. Frequently Asked Questions. Available: https://www.danville.ca.gov/FAQ.aspx. Accessed February 14, 2020. United States Environmental Protection Agency. 2019. Green Book. Available at: https://www3.epa.gov/airquality/greenbook/anayo_ca.html. Accessed September 24, 2019. USEPA. See United States Environmental Protection Agency. 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Contra Costa County Public Works Department Environmental Checklist Contra Costa County Routine Maintenance Program 122 October 2020 Initial Study/Mitigated Negative Declaration This page intentionally left blank APPENDICES This page intentionally left blank Contra Costa County Routine Maintenance Program Initial Study/ Mitigated Negative Declaration October 2020 Appendix A Figures Flood Control Channels and Facilities Basins 0 5 102.5 Miles Figure 1 Contra Costa County Maintenance Areas Overview \\h2o-server\GIS_Server\_PROJECTS\14003_ContraCosta_SMP\mxd\ChannelMapping\Figure_1-1_SMP_Overview.mxd 4/23/2019 PGFigure 2-7 Figure 2-6 Figure 2-3 Figure 2-4 Figure 2-2 Figure 2-5 West County Central County East County W ild c a t Cr eek S a n P a blo Creek R heem Creek Garrity C reekPin ole Cr eekRod e o C r e e k WildcatBasin 3 SanPabloReservoir San Pablo Bay San P abl o Creek1 4 5 7 6 2 0 1 20.5 Miles Figure 2 West Contra Costa County Maintenance Area \\h2o-server\GIS_Server\_PROJECTS\14003_ContraCosta_SMP\mxd\ChannelMapping\2016_update\Copy_of_Figure_1_SMP_Channels.mxd 4/4/2019 PGFigure1-2 Figure1-5 Figure1-4 Figure1-3 Figure1-6 Figure1-7 Routine/Frequent Maintenance Location3 Channel Material Concrete Bed, Concrete Bank Concrete Bed, Earthen Bank Concrete Bed, Riprap Bank Earthen Bed, Concrete Bank Earthen Bed, Earthen Bank Earthen Bed, Riprap Bank Reinforced Concrete Pipe (RCP) orCorrugated Metal Pipe (CMP) Basin Creek/Drainage San R a m o n C r e e k San Ramon CreekGree nValle y C r eek Sy ca m oreCreek 11 14 Trib ofSan Ramon Alamo CreekWest Branch Alamo CreekSerafixBasin RassierRanch Basin Canyon OakBasin Hidden OakBasinMossy OakBasin BettencourtBasin ShadowCreekBasin Basin51 and 52 10 13 15 CanyonLakes 12 8 9FCM23 Blackhawk0 1 20.5 Miles \\h2o-server\GIS_Server\_PROJECTS\14003_ContraCosta_SMP\mxd\ChannelMapping\2016_update\Copy_of_Figure_1_SMP_Channels.mxd 4/4/2019 PGFigure1-2 Figure1-5 Figure1-4 Figure1-3 Figure1-6 Figure1-7 Routine/Frequent Maintenance Location3 Figure 3 South Central Contra Costa County Maintenance Area Channel Material Concrete Bed, Concrete Bank Concrete Bed, Earthen Bank Concrete Bed, Riprap Bank Earthen Bed, Concrete Bank Earthen Bed, Earthen Bank Earthen Bed, Riprap Bank Reinforced Concrete Pipe (RCP) orCorrugated Metal Pipe (CMP) Basin Creek/Drainage SanRamonCr . S a n R am o n C r e e k G alindoCr e e kPine C r eekPine CreekYg n a c i o D r a i n G r a y sonCreekEastBranchGraysonCreekWalnut CreekL a s T ram pasCr e e k TiceCreekBypassS a ns CraintCre ekRossmoorBasin Pine CreekReservoir Bogue RanchUpper Basin Bogue RanchLower Basin Pine Creek Basin SerafixBasin 18 23 24 30 31 20 29 16 25 26 27 28 Pine CreekBox Culvert 21 22 17 19 Monument BlvdYgnacio Valley Rd0 1 20.5 Miles Figure 4 Central Contra Costa County Maintenance Area \\h2o-server\GIS_Server\_PROJECTS\14003_ContraCosta_SMP\mxd\ChannelMapping\2016_update\Copy_of_Figure_1_SMP_Channels.mxd 4/4/2019 PGFigure1-2 Figure1-5 Figure1-4 Figure1-3 Figure1-6 Figure1-7 Routine/Frequent Maintenance Location3 Channel Material Concrete Bed, Concrete Bank Concrete Bed, Earthen Bank Concrete Bed, Riprap Bank Earthen Bed, Concrete Bank Earthen Bed, Earthen Bank Earthen Bed, Riprap Bank Reinforced Concrete Pipe (RCP) orCorrugated Metal Pipe (CMP) Basin Creek/Drainage V ine HillCreek PachecoCreekPac h e c o C r e e k W a l n u t C r e e k Grayson CreekWalnut CreekVianoBasin !(33 !(34 !(32 !(20 SuisunBay !(28 Clayton Vall e y Drain 0 1 20.5 Miles I \\H2O-SERVER\GIS_Server\_PROJECTS\14003_ContraCosta_SMP\mxd\ChannelMapping\2016_update\Copy_of_Figure_1_SMP_Channels.mxd 6/24/2019 PGFigure1-2 Figure1-5 Figure1-4 Figure1-3 Figure1-6 Figure1-7 Routine/Frequent Maintenance Location!(3 Figure 5 North Central Contra Costa County Maintenance Area Channel Material Concrete Bed, Concrete Bank Concrete Bed, Earthen Bank Concrete Bed, Riprap Bank Earthen Bed, Concrete Bank Earthen Bed, Earthen Bank Earthen Bed, Riprap Bank Reinforced Concrete Pipe (RCP) orCorrugated Metal Pipe (CMP) Basin Creek/Drainage Marsh CreekKellogg CreekKelloggCreek Kellogg C re e k Los Vaqueros Reservoir Dry CreekReservoir Marsh CreekReservoir Bypass Basin Bypass Basin 36 35 37 0 1 20.5 Miles Figure 6 Southeast Contr a Costa County Maintenance Area \\h2o-server\GIS_Server\_PROJECTS\14003_ContraCosta_SMP\mxd\ChannelMapping\2016_update\Copy_of_Figure_1_SMP_Channels.mxd 4/4/2019 PGFigure1-2 Figure1-5 Figure1-4 Figure1-3 Figure1-6 Figure1-7 Routine/Frequent Maintenance Location3 Channel Material Concrete Bed, Concrete Bank Concrete Bed, Earthen Bank Concrete Bed, Riprap Bank Earthen Bed, Concrete Bank Earthen Bed, Earthen Bank Earthen Bed, Riprap Bank Reinforced Concrete Pipe (RCP) orCorrugated Metal Pipe (CMP) Basin Creek/Drainage M a r s h CreekDry Creek Marsh CreekDeer CreekSand Creek E astAnt i ochCreek Big BreakSan Joaquin R i v e r TrembathBasin OakleyBasin LindseyBasin Bernard Basin Laurel Road Basin Snowman Basin Fairview Basin Lower SandCreek Basin Upper SandCreek Basin Deer Creek Basin Dry Creek Basin Deer CreekReservoir SellersBasin Heron Park Basin 42 39 40 41 43 44 45 38 37 Line E Line E1 0 1 20.5 Miles Figure 7 Northeast Contra Costa County Maintenance Area \\h2o-server\GIS_Server\_PROJECTS\14003_ContraCosta_SMP\mxd\ChannelMapping\2016_update\Copy_of_Figure_1_SMP_Channels.mxd 4/4/2019 PGFigure1-2 Figure1-5 Figure1-4 Figure1-3 Figure1-6 Figure1-7 Routine/Frequent Maintenance Location3 Channel Material Concrete Bed, Concrete Bank Concrete Bed, Earthen Bank Concrete Bed, Riprap Bank Earthen Bed, Concrete Bank Earthen Bed, Earthen Bank Earthen Bed, Riprap Bank Reinforced Concrete Pipe (RCP) orCorrugated Metal Pipe (CMP) Basin Creek/Drainage Flood Control Channels and Ditches Basins East Contra Costa Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP)* 0 5 102.5 Miles Figure 8 Contra Costa County HCP/NCCP Boundaries T:\_PROJECTS\14003_ContraCosta_SMP\mxd\BioResources\Figure_3.3-1_HCP.mxd 1/24/2020 PG*The potential effects of proposed maintenance activities conducted within the boundaries of the East Contra Costa County HCP/NCCP are not addressed in this IS/MND, as these activities are already covered by the HCP/NCCP and its regulatory authorizations YES LOW NO YES NO Sensitivity Level? BMP CUL-2: Record Search/Field Inventory/Report BMP CUL-3: Native American Consultation BMP CUL-4: Construction Monitoring (as appropriate) County Original Ground Disturbance Determination BMP CUL-1: Review Sensitivity Maps BMP CUL-5: Awareness Training BMP CUL-6: Unanticipated discoveries HIGH, MEDIUM, OR UNKNOWN Disturb Original Ground? Construction Monitoring? Contra Costa County Routine Maintenance Program Figure 9 Cultural Resources BMP Decision Tree Prepared by: 123 4 6 5 12 1315 8 1421 20 191716 18 11 9 10 San RamonCreek SycamoreCreek SanRamonCreek RodeoCreek San PabloCreek FranklinCreek Tice Creek WestAlamoCreek Flood Control Channels and Ditches Basins Channels Within Severe Fire Zones Fire HazardSeverity Zones Moderate High Very High 0 5 102.5 Miles Figure 10Fire Hazard Severity Zones Contra Costa CountyRoutine Maintenance Program \\h2o-server\GIS_Server\_PROJECTS\14003_ContraCosta_SMP\mxd\Figure_x_Fire_severity_CCC.mxd 10/15/2019 PGRoutine/FrequentMaintenance Location7 Contra Costa County Routine Maintenance Program Initial Study/ Mitigated Negative Declaration October 2020 Appendix B Anticipated Routine Maintenance Locations Contra Costa County Appendix B. Anticipated Routine Maintenance Locations Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration B-1 October 2020 Table B-1. Anticipated Routine Maintenance Locations No. Facility Watershed Sub- watershed Creek City Routine Maintenance Activities Reach Specific Location for Maintenance Activities Potentially Regulated under the Clean Water Act Section 404 Tiered Category West Contra Costa County Region 1 Wildcat Creek Channel* Wildcat Creek Watershed Wildcat Creek Wildcat Creek Richmond - Mowing - Trash and debris removal - Fence repair - Vegetation removal - Culvert cleaning Culvert Cleaning/Trash and Debris Removal: At bridge culverts Other Activities: West of Burlington Northern Santa Fe Corporation (BNSF) tracks downstream to the Wildcat Marsh Trail Culvert Cleaning/ Vegetation Removal: Yes Other Activities: No Tier 2 Longfin smelt (Spirinchus thaleichthys)may be present in the channel near the Bay but would not be affected by mowing. Potentially suitable habitat for sensitive plant species such as soft salty bird's-beak (Chloropyron molle ssp. molle) may be present in the channel near San Pablo Bay. However, mowing would not occur in the channel and therefore would not affect these species. Special-status birds may nest in the vicinity of mowing activities, but implementation of BMP BIO-2 would be protective of nesting birds. Mowing near the western extent of Wildcat Creek would occur in the vicinity of habitat for California clapper rail and salt marsh harvest mouse. However, mowing activities would be brief in duration, lasting less than one hour and conducted only once per year. The closest bridge crossing (where culvert cleaning and sediment, trash, and debris removal could occur) is located approximately 2,000 feet east of the closest mapped occurrence of these species. 2 Wildcat Basin Wildcat Creek Watershed Wildcat Creek Wildcat Creek Richmond - Basin cleaning - Manual mowing - Mechanized mowing - Herbicide application Immediately east of Verde Elementary School Basin Cleaning: Yes Manual Mowing: Possibly, if within wetlands Mechanized Mowing: No Herbicide Application: Possibly, if within wetlands Tier 1 No suitable breeding habitat present for special-status species and no connectivity to special- status species breeding habitat. Contra Costa County Appendix B. Anticipated Routine Maintenance Locations Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration B-2 October 2020 No. Facility Watershed Sub- watershed Creek City Routine Maintenance Activities Reach Specific Location for Maintenance Activities Potentially Regulated under the Clean Water Act Section 404 Tiered Category 3 San Pablo Creek Lined Channel 1* San Pablo Creek San Pablo Creek San Pablo Creek Richmond - Sediment removal - Trash and debris removal - Mechanized mowing - Manual mowing - Vegetation removal - Livestock grazing - Culvert cleaning - Flap-gate servicing - Concrete-channel repair Culvert Cleaning/Trash and Debris Removal: At bridge culverts from Richmond Parkway (upstream) to approximately 200 feet downstream of Parr Boulevard (at the downstream extent) Sediment Removal: Approximately 50 cubic yards (CY) from Giant Road downstream to the Union Pacific Railroad (UPRR) tracks Mechanized and Manual Mowing: UPRR tracks downstream to Parr Boulevard. Other Activities: Richmond Parkway to 200 feet downstream of Parr Boulevard Culvert Cleaning/Sediment Removal/ Vegetation Removal: Yes, activities within the reach downstream of Giant Road were previously permitted in 2016. Mechanized and Manual Mowing: No Other Activities: No Tier 2 Concrete channel cleaning is not anticipated to impact sensitive species. Although steelhead (Oncorhynchus mykiss irideus) are potentially present in this creek, they are not anticipated to be present in the concrete channel during the period when sediment removal would occur (typically summer months). Sediment removal locations are approximately .75 miles away from mapped occurrences of California clapper rail and salt marsh harvest mouse, and are not anticipated to result in effects to these species. Longfin smelt may be present in the channel near the Bay but would not be affected by mowing. Special-status birds may nest in the vicinity of mowing activities, but implementation of BMP BIO-2 would be protective of nesting birds. Mowing would occur in the vicinity of habitat for California clapper rail and salt marsh harvest mouse. However, mowing would be brief in duration. 1 Lined channel includes the portion of channels with a concrete bed and concrete bank, concrete bed and earthen bank, concrete bed and riprap bank, and earthen bed and concrete bank. Contra Costa County Appendix B. Anticipated Routine Maintenance Locations Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration B-3 October 2020 No. Facility Watershed Sub- watershed Creek City Routine Maintenance Activities Reach Specific Location for Maintenance Activities Potentially Regulated under the Clean Water Act Section 404 Tiered Category 4 Rheem Creek Lined Channel* Rheem Creek Rheem Creek Rheem Creek San Pablo - Sediment removal - Trash and debris removal - Mechanized mowing - Manual mowing Sediment Removal: Approximately 50 CY from concrete channel upstream of Giant Road, continuing downstream 500’ to Giant Road Trash and Debris Removal: At bridge culverts beginning at the concrete channel upstream of Giant Road, continuing downstream 500’ to Giant Road. Mechanized and Manual Mowing: Downstream of Giant Road Sediment Removal: Yes, activities within the reach upstream of Giant Road were previously permitted in 2016. Mowing/ Trash and Debris Removal: No Tier 2 Sediment, trash and debris removal is not anticipated to impact sensitive species due to the location of these activities. These activities are located greater than 3,500 feet from suitable habitat for California clapper rail and salt marsh harvest mouse. Mowing would occur in the vicinity of habitat for California clapper rail and salt marsh harvest mouse. However, mowing would be brief in duration. 5 Garrity Creek Lined Channel Garrity Creek Garrity Creek, County Wide Drainage Garrity Creek San Pablo - Sediment removal - Trash and debris removal - Cattail removal Sediment Removal: Approximately 60 CY from O’Conner Ditch east side of San Pablo Avenue south of O’Conner Drive. Trash and Debris Removal: O’Conner Ditch east side of San Pablo Avenue south of O’Conner Drive. Cattail Removal: Within the central portion of O’Connor Ditch Yes Tier 1 No suitable breeding habitat for special status species and no connectivity to special-status species breeding habitat. 6 Pinole Creek Channel* Pinole Creek Watershed Pinole Creek Pinole Creek Pinole - Mechanized mowing - Manual mowing - Tree trimming - Clean culvert outfalls - Sediment/Silt Removal - Trash and debris removal - Vegetation removal - Concrete channel repair - Repair access road/ pedestrian access - Fence repair Other Activities: I-80 west downstream to Rosti Street Sediment/Silt Removal: from the lined portion of the channel 190 feet downstream from San Pablo Avenue Outfall Cleaning, Sediment/Silt Removal/ Debris and Trash Removal: Yes Other Activities: No Tier 2 Potentially suitable habitat for sensitive plant species such as soft salty bird's-beak may be present in the channel near San Pablo Bay. Steelhead are potentially present in this stream. However, mowing would not occur in the channel and therefore would not affect these species. Special-status birds may nest in the vicinity of mowing activities, but implementation of BMP BIO-2 would be protective of nesting birds. Contra Costa County Appendix B. Anticipated Routine Maintenance Locations Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration B-4 October 2020 No. Facility Watershed Sub- watershed Creek City Routine Maintenance Activities Reach Specific Location for Maintenance Activities Potentially Regulated under the Clean Water Act Section 404 Tiered Category 7 Rodeo Creek* Rodeo Creek Rodeo Creek Rodeo Creek Rodeo - Manual mowing - Livestock grazing - Culvert clearing/repair - Sediment removal - Vegetation and debris removal Manual Mowing: I-80 to end beginning of concrete channel at 3rd Street. Livestock Grazing: BNSF tracks downstream to I- 80. Culvert Clearing/Repair: I- 80 concrete box culvert and catchment area Sediment and Vegetation Removal: Downstream of I-80 box culvert at the I-80 crossing, scour pool, and channel downstream of the pool and at three weirs/grad control structures Mowing and Grazing: No Culvert Clearing/Repair/ Sediment Removal/ Vegetation Removal: Yes Tier 2 Fish species such as longfin smelt and may be present in the channel. Potential for California red-legged frog (Rana draytonii) in the upper portion of the channel, but this species would not be affected by livestock grazing. Central Contra Costa County Region 8 West Alamo Creek Alamo Creek West Alamo Creek West Alamo Creek Blackhawk - Sediment removal West Alamo Creek at Blackhawk Meadow Yes Tier 2 California red-legged frog has been documented approximately 1,300 feet upstream of the maintenance site. Sediment removal would occur between June 15th and October 15, when the basin is anticipated to be dry would not be anticipated to provide habitat for California red- legged frog. 9 Bettencourt Basin Alamo Creek West Alamo Creek West Alamo Creek Blackhawk - Vegetation removal - Sediment removal - Culvert clearing Other Activities: Bettencourt Basin, 300 feet past Mansfield Drive Sediment Removal: Approximately 50 CY from the basin Yes Tier 2 California red-legged frog has been documented within 0.6 mile of the maintenance site. Sediment removal would occur between June 15th and October 15, when the basin is anticipated to be dry would not be anticipated to provide habitat for California red- legged frog. 10 FCM23 Blackhawk Walnut Creek San Ramon Creek San Ramon Creek Danville - Trash and debris removal - Fallen tree removal Near 3052 Live Oak Court (upstream of Blackhawk Road) No Tier 1 No suitable breeding habitat for special status species and no connectivity to special-status species breeding habitat. Contra Costa County Appendix B. Anticipated Routine Maintenance Locations Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration B-5 October 2020 No. Facility Watershed Sub- watershed Creek City Routine Maintenance Activities Reach Specific Location for Maintenance Activities Potentially Regulated under the Clean Water Act Section 404 Tiered Category 11 Sycamore Creek Walnut Creek San Ramon Creek San Ramon Creek Danville - Trash and debris removal - Fallen tree removal - Vegetation removal Tunbridge Road near Sycamore Valley Road No Tier 1 No suitable breeding habitat for special status species and no connectivity to special-status species breeding habitat. 12 Mossy Oak Basin Walnut Creek San Ramon Creek Tributary of East Green Valley Creek Blackhawk - Vegetation removal - Sediment removal - Culvert cleaning - Concrete repair - Debris removal Other Activities: Mossy Oak Basin, at the end of Mossy Oak Drive. Sediment Removal: Approximately 50 CY from the basin Sediment Removal/Vegetation Removal/ Culvert Cleaning: Yes Other Activities: No Tier 2 Special status species not expected. Three occurrences of California red-legged frog have been observed within 1.5 miles of the site. No suitable breeding habitat is present in the basin. Although this basin is near Alameda whipsnake critical habitat, there is no suitable habitat for this species in the basin. 13 Hidden Oak Basin Walnut Creek San Ramon Creek Tributary of East Green Valley Creek Blackhawk - Vegetation removal - Sediment removal - Culvert cleaning - Concrete repair - Debris removal Other Activities: Hidden Oak Basin, north of the cul-de-sac on Hidden Oak Drive Sediment Removal: Approximately 50 CY from the basin Sediment Removal/Vegetation Removal/ Culvert Cleaning: Yes Other Activities: No Tier 2 Special status species not expected. Three occurrences of California red-legged frog have been observed within 1.3 miles of the site. No suitable breeding habitat is present in the basin. Although this basin is near Alameda whipsnake critical habitat, there is no suitable habitat for this species in the basin. 14 Canyon Oak Basin Walnut Creek San Ramon Creek Tributary of East Green Valley Creek Blackhawk - Vegetation removal - Sediment removal - Culvert cleaning - Concrete repair - Debris removal Other Activities: Canyon Oak Basin, northeast of the cul-de-sac on Canyon Oak Lane Sediment Removal: Approximately 50 CY from the basin Sediment Removal/Vegetation Removal/ Culvert Cleaning: Yes Other Activities: No Tier 2 Special status species not expected. Three occurrences of California red-legged frog have been observed within 1.1 miles of the site. No suitable breeding habitat is present in the basin. Although this basin is near Alameda whipsnake critical habitat, there is no suitable habitat for this species in the basin. Contra Costa County Appendix B. Anticipated Routine Maintenance Locations Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration B-6 October 2020 No. Facility Watershed Sub- watershed Creek City Routine Maintenance Activities Reach Specific Location for Maintenance Activities Potentially Regulated under the Clean Water Act Section 404 Tiered Category 15 Green Valley Creek Walnut Creek San Ramon Creek Green Valley Creek Danville - Manual mowing - Tree trimming Diablo Road to Highbridge Lane No Tier 1 No suitable breeding habitat for special status species and no connectivity to special-status species breeding habitat. 16 San Ramon Creek Channel* Walnut Creek San Ramon Creek San Ramon Creek Alamo - Trash and debris removal - Fallen tree removal Brookdale Avenue just north of Danville Boulevard No Tier 1 No suitable breeding habitat for special status species and no connectivity to special-status species breeding habitat. 17 San Ramon Creek at Rudgear Road Walnut Creek San Ramon Creek San Ramon Creek Channel Walnut Creek - Sediment removal - Debris removal - Repair of cracks in concrete channel walls Sediment Removal: Approximately 100 CY from inside the inset box culvert Sediment Removal: No since these activities were previously permitted in 2016. Other Activities: No Tier 1 No suitable breeding habitat present for special-status species and no connectivity to special- status species breeding habitat. 18 Las Trampas Creek Walnut Creek Las Trampas Creek Las Trampas Creek Walnut Creek - Manual mowing Immediately upstream of Freeman Road on the right (south) bank No Tier 1 No suitable breeding habitat for special status species and no connectivity to special-status species breeding habitat. 19 Walnut Creek at Arroyo Way Walnut Creek Walnut Creek Walnut Creek Channel Walnut Creek - Sediment removal - Debris removal - Flap gate maintenance - Cleaning of subdrain vaults Sediment Removal: Approximately 50 CY from where channel transitions from earthen to concrete at the base of access ramp Sediment Removal/Flap Gate Maintenance/ Cleaning Vaults: Yes Debris Removal: No Tier 1 No suitable breeding habitat for special status species and no connectivity to special-status species breeding habitat. 20 Walnut Creek Channel* Walnut Creek Between Pine Creek and Grayson Creek Watersheds Walnut Creek Channel Pleasant Hill - Mechanized mowing - Manual mowing - Livestock grazing - Silt removal Typically occurs along entire channel from Bancroft Road downstream to confluence with Grayson Creek (with the exception of the concrete box channel portion of the reach). Silt Removal: occurs at Bancroft/Imhoff Silt Removal: Yes Mowing/Grazing: No Tier 1 No suitable breeding habitat for special status species and no connectivity to special-status species breeding habitat. Contra Costa County Appendix B. Anticipated Routine Maintenance Locations Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration B-7 October 2020 No. Facility Watershed Sub- watershed Creek City Routine Maintenance Activities Reach Specific Location for Maintenance Activities Potentially Regulated under the Clean Water Act Section 404 Tiered Category 21 Bogue Ranch Lower Basin Walnut Creek San Ramon Creek Tributary of San Ramon Creek Walnut Creek - Sediment removal - Debris removal Sediment and Debris Removal: Approximately 50 CY from Bogue Ranch Lower Basin, east of Bogue Ranch Upper Basin, southeast of the cul-de- sac on Wellington Lane Sediment and Debris Removal: Yes Tier 2 Special status species not expected. Three occurrences of California red-legged frog have been observed within 0.7 mile of the site. No suitable breeding habitat is present in the basin. Sediment removal would occur between June 15th and October 15, when the basin is anticipated to be dry would not be anticipated to provide habitat for California red-legged frog. 22 Bogue Ranch Upper Basin Walnut Creek San Ramon Creek Tributary of San Ramon Creek Walnut Creek - Trash rack maintenance - Sediment removal Sediment Removal: Approximately 50 CY from Bogue Ranch Upper Basin west of Canterbury Court Yes Tier 2 Special status species not expected. Two occurrences of California red-legged frog have been observed within 0.3 mile of the site. No suitable breeding habitat is present in the basin. Sediment removal would occur between June 15th and October 15, when the basin is anticipated to be dry would not be anticipated to provide habitat for California red-legged frog. Contra Costa County Appendix B. Anticipated Routine Maintenance Locations Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration B-8 October 2020 No. Facility Watershed Sub- watershed Creek City Routine Maintenance Activities Reach Specific Location for Maintenance Activities Potentially Regulated under the Clean Water Act Section 404 Tiered Category 23 Pine Creek Reservoir Walnut Creek Pine Creek Pine Creek Walnut Creek - Trash rack maintenance - Livestock grazing - Vegetation removal - Sediment removal - Weed abatement Trash Rack Maintenance: upstream face of Pine Creek Dam Livestock Grazing: Face of dam Vegetation/ Sediment Removal: Approximately 50 CY from downstream of dam Weed Abatement: Upstream face of dam Trash Rack Maintenance/ Vegetation/ Sediment Removal: Yes Grazing/Weed Abatement: No Tier 2 Special status species not expected. Two occurrences of California red-legged frog have been observed approximately 1.7 miles south of the site. One occurrence is from 1994 from a spring-fed pond and the other is a 2006 occurrence at a man-made pond. Potentially suitable aquatic habitat for California tiger salamander is present upstream of the dam. Grazing animals are excluded from active channels and water sources; therefore, trash rack and grazing activities would not be expected to impact these species. Trash rack maintenance typically occurs during the dry season (when these species is not anticipated to be present in the work areas) but may occur during the wet season if it gets clogged with debris. The closest Alameda whipsnake occurrence is approximately 1,500 feet southeast of the reservoir. Neither the dam nor the reservoir support suitable core habitat for Alameda whipsnake, however it is possible that dispersal could occur across these areas. 24 Pine Creek Basin (Kubicek Basin) Walnut Creek Pine Creek Pine Creek Walnut Creek - Livestock grazing - Manual mowing - Mechanized mowing - Silt removal Mowing and Grazing: Throughout the basin Silt Removal: At basin culvert Mowing and Grazing: No Silt Removal: Yes Tier 2 Special status species not expected. Two occurrences of California red-legged frog have been observed approximately 1.6 miles south of the site (see Site 17 for details above). Grazing animals are allowed in active channels during the dry season when no water is present; therefore, maintenance activities would not be expected to impact this species. Trash rack maintenance may occur during the wet season if it gets clogged with debris. Contra Costa County Appendix B. Anticipated Routine Maintenance Locations Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration B-9 October 2020 No. Facility Watershed Sub- watershed Creek City Routine Maintenance Activities Reach Specific Location for Maintenance Activities Potentially Regulated under the Clean Water Act Section 404 Tiered Category 25 Pine Creek Box Culvert Walnut Creek Pine Creek Pine Creek Walnut Creek - Sediment/silt removal - Trash rack maintenance Trash Rack Maintenance: At primary upstream entrance to the culvert Sediment/silt Removal: Approximately 1,100 CY from the culvert located immediately downstream of the trash rack covering the upstream end of the box culvert and at the outlet. Yes Tier 2 Special status species not expected. Two occurrences of California red-legged frog have been observed approximately 1.7 miles south of the site (see Site 17 for details above). Sediment removal would occur between June 15th and October 15, when the channel is anticipated to be dry and the culvert would not be anticipated to provide habitat for California red-legged frog. 26 Pine Creek Channel Walnut Creek Pine Creek Pine Creek Walnut Creek - Mechanized mowing - Manual mowing - Vegetation removal Mechanized & Manual Mowing: Valley Vista Road, Walnut Creek downstream to San Miguel Road, Concord. Vegetation Removal: Cattail removal within channel Mowing: No Vegetation Removal: Yes Tier 2 Stray steelhead could be present, but there is no breeding habitat or connectivity to breeding habitat. This species is not anticipated to be present during the work window (June 15 – October 15) due to shallow flows, high water temperatures, and lack of suitable habitat. 27 Pine Creek Concrete Channel Walnut Creek Pine Creek Pine Creek Concord - Debris and trash removal - Flap gate maintenance - Subdrain maintenance - Silt removal Debris and Trash Removal: End of concrete channel to Willow Pass Road Flap Gate Maintenance: Concrete channel from Lane Drive downstream to end of channel at Waterworld. Subdrain Maintenance: Concrete channel at subdrain structure Silt Removal: At concrete drop structure Debris and Trash Removal: No Flap Gate/Subdrain Maintenance/Silt Removal: Yes Tier 2 Stray steelhead could be present during some portions of the year, but there is no breeding habitat or connectivity to breeding habitat. This species is not anticipated to be present during the work window (June 15 – October 15) due to shallow flows, high water temperatures, and lack of suitable habitat in the concrete channel. Contra Costa County Appendix B. Anticipated Routine Maintenance Locations Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration B-10 October 2020 No. Facility Watershed Sub- watershed Creek City Routine Maintenance Activities Reach Specific Location for Maintenance Activities Potentially Regulated under the Clean Water Act Section 404 Tiered Category 28 Lower Pine Creek Walnut Creek Pine Creek Pine Creek Concord - Sediment removal - Vegetation and debris removal Sediment Removal: Approximately 200 CY from downstream of concrete channel at Waterworld No since this activity was previously permitted in 2016. Tier 2 Stray steelhead could be present during some portions of the year, but there is no breeding habitat or connectivity to breeding habitat. This species is not anticipated to be present during the work window (June 15 – October 15) due to shallow flows, high water temperatures, and lack of suitable habitat in the concrete channel. 29 Ygnacio Valley Drain DA128 DA128 DA128 Concord, Walnut Creek - Manual mowing Contra Costa County Water District (CCCWD) trail crossing (south of Treat Boulevard) downstream to Pine Creek channel. No Tier 1 No suitable breeding habitat for special status species and no connectivity to special-status species breeding habitat 30 Galindo Creek Lined Channel Walnut Creek Pine Creek Watershed Galindo Creek Concord - Flap gate maintenance - Debris and trash removal - Sediment removal - Concrete channel repair Other Activities: San Miguel Drive downstream to confluence with Pine Creek Sediment Removal: Periodic removal of 1 to 5 CY in channel Sediment Removal/Flap Gate Maintenance/Concrete Channel Repair: Yes Debris and Trash Removal: No Tier 1 No suitable breeding habitat for special status species and no connectivity to special-status species breeding habitat (this creek is upstream of complete barriers to fish passage). 31 Grayson Creek* Walnut Creek Grayson Creek Grayson Creek Pleasant Hill - Sediment removal - Mechanized mowing - Manual mowing - Livestock grazing - Flap gate maintenance Sediment Removal: Approximately 350 CY from concrete channel, between Chilpancingo Pkwy and Viking Drive Grazing/Mowing: Occurs along the right-of-way and banks. Flap Gate Maintenance: on culverts that drain into the channel Sediment Removal/Flap Gate Maintenance: No since sediment removal activities planned south of Viking Drive were previously permitted in 2016. Mowing/Grazing: No Tier 1 No suitable breeding habitat for special status species and no connectivity to special-status species breeding habitat. Contra Costa County Appendix B. Anticipated Routine Maintenance Locations Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration B-11 October 2020 No. Facility Watershed Sub- watershed Creek City Routine Maintenance Activities Reach Specific Location for Maintenance Activities Potentially Regulated under the Clean Water Act Section 404 Tiered Category 32 Clayton Valley Drain Walnut Creek Clayton Drain Clayton Drain Concord - Mechanized mowing - Manual mowing - Culvert maintenance - Sediment removal - Debris and trash removal Mowing: Along the right- of-way and channel from the confluence to Walnut Creek upstream to the grade control structure, approximately 1,500 feet upstream of Solano Way. Culvert Maintenance: Four culverts at Solano Way Sediment Removal: Culvert outfalls at Solano Way and where channel narrows downstream of the Iron Horse Regional Trail Debris and Trash Removal: Within riparian corridor Mowing/Debris and Trash Removal: No Culvert Maintenance/Sediment Removal: Yes Tier 1 No suitable breeding habitat for special status species and no connectivity to special-status species breeding habitat. 33 Viano Basin Vine Hill Creek Vine Hill Creek Vine Hill Creek Martinez - Trash rack maintenance - Cattail removal - Mechanized mowing - Manual mowing - Sediment removal - Culvert maintenance Mowing: Within right-of- way along access road/ramp adjacent to culvert intake area at the northeast side of the basin Cattail Removal: Near culvert intake areas and within channel/basin Other Activities: At culverts and within Viano Basin Sediment Removal: Approximately 50 CY from the basin Trash Rack Maintenance/ Sediment Removal/ Cattail Removal/Culvert Maintenance: Yes Mowing: No Tier 1 No suitable breeding habitat for special status species and no connectivity to special-status species breeding habitat. 34 Pacheco Creek Pacheco Creek Pacheco Creek Pacheco Creek Martinez - Manual mowing - Livestock grazing - Flap gate maintenance - Cleaning culvert outfalls - Cattail removal Mowing/Livestock Grazing: Within right-of- way along the banks and access roads on both sides of the channel Cleaning Culvert Outfalls: Pacheco Boulevard culvert outfall Cattail Removal: I-680 south on-ramp d/s to I- 680, Martinez. Flap Gate/Culvert Maintenance/Cattail Removal: Yes Mowing/ Grazing: No Tier 1 No suitable breeding habitat for special status species and no connectivity to special-status species breeding habitat. The closest occurrence of California clapper rails and salt marsh harvest mouse is approximately 1 mile away, and there is no suitable habitat for these species in the vicinity of the maintenance activities. East Contra Costa County Region Contra Costa County Appendix B. Anticipated Routine Maintenance Locations Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration B-12 October 2020 No. Facility Watershed Sub- watershed Creek City Routine Maintenance Activities Reach Specific Location for Maintenance Activities Potentially Regulated under the Clean Water Act Section 404 Tiered Category 35 Marsh Creek Reservoir Marsh Creek Upper Marsh Creek Marsh Creek Brentwood - Grading access road - Ditch cleaning (sediment) - Remove debris for flow - Rodent hole abatement Other Activities: Marsh Creek Reservoir, just west of Marsh Creek Road Ditch Cleaning: Approximately 100 CY of sediment from the reservoir Ditch Cleaning: Yes Other Activities: No Tier 3 (covered by HCP/NCCP) California tiger salamander, California red-legged frog, and western pond turtle 36 Dry Creek Reservoir Marsh Creek Lower Marsh Creek Dry Creek Brentwood - Cattail removal - Remove debris for flow - Rodent hole abatement - Spraying slopes of creek - Landscape maintenance - Aquatic spraying - Livestock grazing - Right of way (ROW) mowing - Manual mowing - Grading access road - Clean catch basins Dry Creek Reservoir, adjacent to and west of Deer Ridge Golf Club, Brentwood. Landscape Maintenance/ Grazing/ Mowing: No Other Activities: Yes Tier 3 (covered by HCP/NCCP) Western burrowing owl, western pond turtle, special-status (alkaline wetland) plants A tricolored blackbird was observed at a cattail wetland near the work area at Augusta Drive and Spyglass Drive during the site visit 37 Dry Creek Basin Marsh Creek Lower Marsh Creek Dry Creek Brentwood - Spraying access roads - Remove debris for flow - Spraying slopes of creeks Dry Creek Basin, east of Claremont Drive to Marsh Creek Regional Trail No Tier 2 38 Dry Creek Marsh Creek Lower Marsh Creek Dry Creek Brentwood - Spraying access roads - Spraying slopes of creeks - Aquatic spraying - Manual mowing - Grading access roads - Remove debris for flow - Cattail removal - Clean catch basin - ROW mowing Starting at Arlington Way, Brentwood, east to confluence with Marsh Creek. Spraying/Cattail Removal/Cleaning Catch Basin: Yes Other Activities: No Tier 2 39 Deer Creek Reservoir Marsh Creek Lower Marsh Creek Deer Creek Brentwood - Remove debris for flow - Rodent hole abatement - Livestock grazing - ROW mowing South side of Balfour Road, approximately 5,000 feet east of Deer Valley Road, Brentwood No Tier 3 (covered by HCP/NCCP) California tiger salamander, California red-legged frog, and western pond turtle Contra Costa County Appendix B. Anticipated Routine Maintenance Locations Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration B-13 October 2020 No. Facility Watershed Sub- watershed Creek City Routine Maintenance Activities Reach Specific Location for Maintenance Activities Potentially Regulated under the Clean Water Act Section 404 Tiered Category 40 Deer Creek Basin Marsh Creek Lower Marsh Creek Deer Creek Brentwood - Spraying access roads - Spraying slopes of basin - Remove debris for flow - Silt removal - ROW mowing - Mow fire break around edge Deer Creek Basin, adjacent to and east of Fairview Avenue and just south of Buena Vista Street, Brentwood Silt Removal: At primary spillway outlet and low flow channel Silt Removal: Yes Other Activities: No Tier 2 41 Deer Creek Marsh Creek Lower Marsh Creek Deer Creek Brentwood - Spraying access roads - Spraying slopes of creeks - Aquatic spraying - ROW mowing - Manual mowing - Grading access roads - Remove debris for flow - Silt removal From Fairview Avenue to confluence with Marsh Creek Silt Removal: At culverts at Minnesota Ave and San Jose Ave Silt Removal/Spraying: Yes Other Activities: No Tier 2 42 Upper Sand Creek Basin Marsh Creek Lower Marsh Creek Marsh Creek Antioch - Ditch cleaning - Cattail removal - Sediment removal - Concrete channel clean - Remove debris for flow - Livestock grazing Other Activities: Upper Sand Creek Basin, two miles west of Lower Sand Creek Basin. Sediment Removal: Approximately 500 CY from basin Grazing: No Other Activities: Yes Tier 2 43 Lower Sand Creek Basin Marsh Creek Lower Marsh Creek Marsh Creek Brentwood - Livestock grazing - Cattail removal - Debris cleanup - Spraying access roads - Manual mowing South of Old Sand Creek Road, west of Fairview Avenue, Brentwood. Grazing/Mowing/Debris Cleanup/Spraying Access Roads: No Cattail Removal: Yes Tier 2 44 Line E Marsh Creek Lower Marsh Creek DA 30C Brentwood - Spraying access roads - Spraying slopes of creeks - Aquatic spraying - ROW mowing - Grading access roads Starting at Ascot Place, Brentwood, and going south to the confluence with Line E1. Aquatic Spraying: Yes Other Activities: No Tier 2 Contra Costa County Appendix B. Anticipated Routine Maintenance Locations Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration B-14 October 2020 No. Facility Watershed Sub- watershed Creek City Routine Maintenance Activities Reach Specific Location for Maintenance Activities Potentially Regulated under the Clean Water Act Section 404 Tiered Category 45 Line E1 Marsh Creek Lower Marsh Creek DA 30C Brentwood - Spraying access roads - Spraying slopes of creeks - Aquatic spraying - ROW mowing - Grading access roads - Sediment removal Other Activities: Starting at Lone Tree Way, Brentwood, and going southeast, then east to the confluence with Marsh Creek. Sediment Removal: Approximately 150 CY from the channel Sediment Removal/Aquatic Spraying: Yes Other Activities: No Tier 2 Notes: *Portions of these channels are USACE flood control channel that the County maintains. Contra Costa County Routine Maintenance Program Initial Study/ Mitigated Negative Declaration October 2020 Appendix C Best Management Practices Contra Costa County Appendix C. Best Management Practices Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration C-1 October 2020 Table C-1 Maintenance Program Best Management Practices (BMPs) BMP Number BMP Title BMP Description General Maintenance Practices: These BMPs will be implemented by the maintenance crew, as appropriate and as overseen by site managers. The majority of these BMPs are implemented prior to and during sediment removal operations, though the level of activity varies depending on the specific work site. GEN-1 Work Windows  Ground-disturbing maintenance activities occurring in the channel will generally occur between June 15 and October 31 to minimize adverse impacts to biological resources and water quality.  All maintenance work in an area with potential special-status species habitat will take place between June 15 and October 15.  Installation of erosion control BMPs (GEN-4) will be completed prior to the onset of a storm event (0.5-inches in 24 hours) predicted by 72-hour weather forecasts from the National Weather Service. All equipment will be removed from the channel at least 12 hours before such an event occurs. If an unanticipated storm event occurs, the County site manager will inspect all sites prior to initiating any sediment removal activities.  In accordance with the Contra Costa County General Plan, outside of mitigating a hazardous condition maintenance activities will be conducted between the hours of 8:00 a.m. and 5:00 p.m. Work hours will comply with applicable local noise requirements. GEN-2 Minimize the Area of Disturbance To minimize impacts to natural resources, soil disturbance will be kept to the minimum footprint necessary to complete the sediment removal work. GEN-3 Channel Access  County personnel will use existing access ramps and roads to the extent feasible to access the maintenance sites.  If possible, maintenance activities, such as culvert or trash rack clearing, will be conducted from the top of the bank. GEN-4 Erosion and Sediment Control Measures  If needed, erosion control fabrics will consist of natural fibers that will biodegrade over time. No plastic or other non- porous material will be used as part of a permanent erosion control approach.  Erosion control BMPs, such as silt fences, straw hay bales, gravel or rock lined ditches, water check bars, and broadcasted straw shall be used. Erosion control BMPs shall be monitored during and after each storm event for effectiveness. Modifications, repairs and improvements to erosion control BMPs shall be made as needed to protect water quality. At no time shall silt laden runoff be allowed to enter the stream or directed to where it may enter the stream. GEN-5 Staging and Stockpiling of Materials  To the extent feasible, staging will occur on existing access roads, surface streets, or other disturbed areas that are already compacted and only support ruderal vegetation. Similarly, all maintenance equipment and materials will be contained within the existing service roads, paved roads, or other pre-determined staging areas. Staging areas for equipment, personnel, vehicle parking, and material storage will be sited as far as possible from major roadways. Contra Costa County Appendix C. Best Management Practices Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration C-2 October 2020 BMP Number BMP Title BMP Description  Building materials and other maintenance-related materials, including chemicals and sediment, will not be stockpiled or stored where they could spill into water bodies or storm drains.  No runoff from the staging areas may be allowed to enter water ways, including the creek channel or storm drains, without being subjected to adequate filtration (e.g., vegetated buffer, hay wattles or bales, silt screens). The discharge of decant water to water ways from any on-site temporary sediment stockpile or storage areas is prohibited. GEN-6 On-Site Hazardous Materials Management Any hazardous or toxic materials that could be deleterious to aquatic life shall be contained in watertight containers or removed from the project site. These materials shall be prevented from contaminating the soil and/or entering the waters of the State. Any such materials, placed within or where they may enter a stream or lake shall be removed immediately. BMPs shall be employed to accomplish these requirements. GEN-7 Existing Hazardous Materials If hazardous materials, such as oil, batteries or paint cans, are encountered at the maintenance sites, the County will carefully remove and dispose of them according to the County Watershed Program’s Spill Response Flowchart. County staff will wear proper protective gear and store the waste in appropriate hazardous waste containers until it can be disposed at a hazardous waste facility. GEN-8 Spill Prevention The County will prevent the accidental release of chemicals, fuels, lubricants, herbicides and non-storm drainage water into channels following these measures: 1. County field personnel will be appropriately trained in spill prevention, hazardous material control, and cleanup of accidental spills. 2. County field personnel responsible for applying herbicides will regularly check and maintain application equipment to identify and minimize the likelihood of leaks developing or failure that could lead to a spill. If possible, aquatic herbicides will be mixed and loaded in the County’s yard before leaving for the application site(s). 3. Equipment and materials for cleanup of spills will be available on site and spills and leaks will be cleaned up immediately and disposed of according to guidelines stated in the County Watershed Program’s Spill Response Flowchart. 4. Field personnel will ensure that hazardous materials are properly handled and natural resources are protected by all reasonable means. 5. Spill prevention kits will always be in close proximity when using hazardous materials (e.g., at crew trucks and other logical locations). All field personnel will be advised of these locations. 6. County staff will routinely inspect the work site to verify that spill prevention and response measures are properly implemented and maintained. Contra Costa County Appendix C. Best Management Practices Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration C-3 October 2020 BMP Number BMP Title BMP Description GEN-9 Spill Response In the event of a spill, the County Watershed Program’s spill response measures (summarized below) shall be implemented.  For small spills on impervious surfaces (e.g., latex paint, household products, automotive fluids, grease), absorbent materials will be used to remove the spill, rather than hosing it down with water. For small spills on pervious surfaces such as soil, the spill will be excavated and properly disposed rather than burying it. Absorbent materials will be collected and disposed of properly and promptly. Smaller spills may be handled by the Contra Costa County Public Works Department (Department).  In the event of a larger spill, first responders (law enforcement, the local fire department) shall be contacted by dialing 911. The County Watershed Program should also be contacted. During normal working hours, the County may also contact 1-800-No-Dumping to reach the appropriate staff person. If the spill consists of an unidentified material, occurs in a multi-jurisdictional area, entering a storm drain or creek, and/or may result in a public health or environmental impact, the spill is considered hazardous and the Contra Costa County Health Services-Hazardous Materials Program (Contra Costa HazMat) should be contacted. If the spill is non-hazardous, the following measures shall be implemented: 1. Containment. Access to storm drains or waterways should be blocked through use of sandbags, berms, dams or booms. The source of the spill shall be stopped and the spread of the liquid should be controlled through use of absorbents, booms, absorbent socks, mats. 2. Clean Up. Dry materials should be scooped and swept up immediately and placed in an container. Liquid spills should be absorbed using rags, loose absorbents (i.e., kitty litter), mats, or pillows. Wash water must not enter the storm drain. If spill occurs during a rainy event, a berm should be placed around the impacted area and covered if possible to minimize or avoid contaminated runoff. 3. Disposal. Contaminated materials should be placed in a labeled waste container and be delivered to a Hazardous Waste Facility or recycled by a certified collection agency. 4. Notification. The County shall notify California Governor’s Office of Environmental Services (Cal OES) to ensure proper notification of the incident to appropriate agencies 5. Documentation. The County shall complete a standard spill response form and submit it to the County’s stormwater manager. If the spill is hazardous, the following measures will be implemented: 1. First Response. Law enforcement is typically the first responder to the incident and the local fire department will perform the initial containment of spill materials. The Department may assist in containment and/or traffic control until relieved. 2. Hazard Assessment. The Contra Costa County HazMat staff person will identify the substance, determine the responsible party for clean-up and assess the public/environmental threat. Contra Costa County Appendix C. Best Management Practices Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration C-4 October 2020 BMP Number BMP Title BMP Description 3. Containment/Clean-up/Disposal. Contra Costa County HazMat staff will direct the cleanup and handling of spill material in accordance with local, state and federal regulations. 4. Follow-up Notification. Once completed, the responsible party shall notify the California Governor’s Office of Environmental Services (Cal OES), which will trigger automatic notices to appropriate state and local agencies. 5. Documentation. All responding agencies (fire department, law enforcement, and Contra Costa County HazMat) will document the incident. 6. Enforcement. Depending on the severity of the spill, the Contra Costa County HazMat staff person may use enforcement tools such as education, warning notice, and cost recovery fine. Law enforcement may issue a citation/ticket. 7. Follow-up. The County’s stormwater department will obtain a copy of the incident report and use in the National Pollutant Discharge Elimination System (NPDES) Annual Report to the Regional Water Quality Control Board (RWQCB). GEN-10 Vehicle and Equipment Maintenance Any equipment or vehicles driven and/or operated in proximity of the stream shall be maintained in good working order to prevent the release of contaminants that if introduced to water could be deleterious to aquatic life, wildlife, or riparian habitat. Staging and storage areas for equipment, materials, fuels, lubricants and solvents shall be located outside of the stream channel and banks. Stationary equipment such as motors, pumps, generators, compressors and welders, located adjacent to the stream, shall be positioned over drip-pans. Any equipment or vehicles driven and/or operated in proximity to the stream must be checked and maintained daily. Vehicles must be moved away from the stream prior to refueling and lubrication. GEN-11 Vehicle and Equipment Fueling 1. With the exception of concrete channels, no fueling will be done in the channel. 2. Within concrete channels, fueling may only be conducted if pumps are placed on a dry part of the channel. Pumps must also be equipped with secondary containment. 3. All off-site fueling sites (i.e., on access roads above the top-of-bank) will be equipped with secondary containment and avoid a direct connection to soil, surface water, or the storm drainage system. GEN-12 Flow Diversions and Dewatering Measures For other channels, if water is present in the stream channel during the maintenance work period, and work requires that equipment be used in the channel, a flow diversion structure will be necessary to protect water quality. A cofferdam or water bladder system will be used when necessary to fully dewater a portion of the channel. Coffer dam and water bladder systems include installation of upstream and downstream, flow barriers and a bypass pipe to convey stream flows around the work area. Water may pool at the upstream and downstream end of the flow diversion structure; however, these pools will be small in size and cease once dewatering activities are complete to reduce standing water and potential mosquito breeding at these sites. Silt curtains may be used for smaller work areas where full dewatering of the channel is not necessary to prevent water quality impacts. Silt curtains are suspended at the water’s surface by a closed cell float, Contra Costa County Appendix C. Best Management Practices Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration C-5 October 2020 BMP Number BMP Title BMP Description anchored to the bank, and weighted at the bottom by a chain, containing flows within a small area during disturbance of the bed and banks. Sediment disturbed during work is allowed to settle to the bottom following completion. All flow diversion structures will be removed from the stream channel following completion of work activities. GEN-13 Invasive Plant Removal Invasive plant material removed during work shall be contained and appropriately disposed of in a landfill. Such materials will not be composted or left otherwise exposed in or around the maintenance site. GEN-14 Testing and Disposal of Sediment Sediment testing will not be required for sediment removal projects involving less than 100 cubic yards of sediment removal beyond what may be required by the receiving disposal facility. For projects involving the removal of more than 100 cubic yards, sediment testing will be conducted in accordance with the Beneficial Reuse of Dredged Materials: Sediment Screening and Testing Guidelines (RWQCB 2000), as appropriate for the proposed disposal or reuse site. The results will be compared against federal and state environmental screening levels (ESLs) for protection of human health, groundwater quality, and terrestrial receptors. If hazardous levels of contaminants (as defined by federal and state regulations) are present, the material will be taken to a permitted hazardous waste facility. The County will also prepare a sediment sampling and testing methodology plan that will guide sediment sampling and testing for the Program. GEN-15 Worksite Housekeeping  The County and contractors will maintain the work site in neat and orderly conditions on a daily basis, and will leave the site in a neat, clean, and orderly conditions when work is complete. Slash, sawdust, cuttings, etc. will be removed to clear the site of vegetation debris. As needed, paved access roads and trails will be swept and cleared of any residual vegetation or dirt resulting from the maintenance activity.  For activities that last more than one day, materials or equipment left on site overnight will be stored as inconspicuously as possible and will be neatly arranged in such a way that water quality impacts do not occur.  The County’s maintenance crews will be responsible for properly removing and disposing of all construction debris within 72 hours of completing maintenance activities and as directed by the County maintenance program manager.  All trash that is brought to a project site during maintenance activities (e.g., plastic water bottles, lunch bags, cigarettes) will be removed from the site daily.  Standing water will be minimized on site to prevent mosquitos from breeding at work sites. GEN-16 Use of Cementitious Materials Water that has come into contact with uncured concrete or grouts will not be allowed to enter the channel until the pH of the water is between 6.5 and 8.0 pH units. Containment of leachate will adhere to the following measures:  Freshly poured concrete will be isolated from flowing water and allowed to dry for at least 28 days before flows are reintroduced. Flows contaminated with leachate shall be separated from the main flow via a diversion structure until the pH falls within the range specified above.  If the 28-day drying period is infeasible, the County will institute a minimum 7-day drying period and apply a sealant designed for use in aquatic environments, such as Deep SealTM or Elasto DeckTM. The sealant will be allowed to dry for a minimum of 72 hours. Contra Costa County Appendix C. Best Management Practices Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration C-6 October 2020 BMP Number BMP Title BMP Description  Wash-down water from concrete delivery trucks, concrete pumping equipment, and other tools and equipment will not be allowed to enter the channel and should be removed from the site for treatment following construction. No dry concrete will be placed on the banks or in a location where It could be carried into the channel by wind or runoff. GEN-17 Standard Herbicide Use and Application Requirements  Only herbicides that have been approved for aquatic use in the Aquatic Pesticide Application Plan (APAP) (Appendix F) will be used for aquatic vegetation control work. For aquatic herbicide application, the County will only apply herbicides with adjuvants that are registered for aquatic use in California and Washington and in compliance with the California NPDES permit for aquatic weed control. The County will use extreme caution to not apply any herbicide that is not labeled for aquatic use directly to water. If herbicides must be applied next to water, Permittee shall use preventative BMPs to ensure that the chemical does not accidentally flow into or stream through the air into the water.  Herbicide application will be conducted consistent with the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the product label specifications, in compliance with the regulations of the U.S. Environmental Protection Agency (USEPA), California Environmental Protection Agency (CalEPA), California Department of Pesticide Regulation (CDPR), California Division of Occupational Safety and Health and the local Agricultural Commissioner. Herbicide application will be conducted consistent with applicable pesticide use injunction requirements that have been established for the protection of 26 species of listed salmon and steelhead, the California red-legged frog, and 11 species in the greater San Francisco Bay area. These injunctions require implementation of no-spray buffer zones around listed species habitats.  Herbicide application will not be made within 24 hours of predicted rainfall, or if wind is above 5 miles per hour in accordance with directions on the label to avoid offsite drift. Herbicide application will only occur during dry conditions to prevent sediment and herbicides from entering the water via surface water runoff.  The lowest recommended rate, amount, and concentration to achieve project objectives of herbicides will be utilized to achieve desired control.  An appropriate non-toxic indicator dye may be added to the tank mix to help the applicator identify areas that have been treated and better monitor the overall application to prevent over-spraying.  The following general application requirements will be employed during herbicide application: 1. Spray nozzles will be configured to produce a relatively large droplet size; 2. Low nozzle pressures (30-70 pounds per square inch) will be used; 3. Spray nozzles will be kept within 24 inches of vegetation during spraying; 4. Drift avoidance measures shall be used to prevent drift in locations where target weeds and pests are in proximity to special-status species or their habitat. Such measures can consist of, but would not be limited to the use of plastic shields around target weeds and pests and adjusting the spray nozzles of application equipment to limit the spray area. Contra Costa County Appendix C. Best Management Practices Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration C-7 October 2020 BMP Number BMP Title BMP Description GEN-18 Herbicide Applicator Training  County staff that handle and apply herbicides will be trained annually on proper herbicide handling and use. Staff will be trained by County staff with a pesticide applicator certificate obtained from the California Department of Pesticide Regulation.  Training will include review of the BMPs included in the County’s APAP (Appendix F), with particular focus on target and non-target plants, environmental impact avoidance measures, and herbicide label requirements. The County will ensure that applicators are properly trained in handling and use of herbicides, have a current Qualified Applicator Certificate (QAC), or Qualified Applicator License (QAL). A licensed QAC/QAL must complete 20 hours of continuing education every 2 years to stay licensed, and therefore are up-to-date on the latest techniques for pest control. GEN-19 Herbicide Application Personnel  The County will utilize QALs, QACs, or County staff under the supervision of QALs or QACs to make applications or supervise applications recommended by the CDPR-licensed Pest Control Advisor (PCA). These applicators have knowledge of proper equipment loading, nozzle selection, calibration, and operation so that spills are minimized, precise application rates are made according to the label, and only target algae or aquatic vegetation are treated. Calibration ensures that the correct quantity and rate of herbicide is applied. GEN-20 Access Roads and Ramps County staff will backfill observed rills or ruts and will grade the surface when existing earthen roads or ramps have eroded or when ruts and rivulets have formed and are restricting vehicular passage or causing additional erosion. In some instances, rock or gravel will be added and the road or access ramp re-compacted. County staff will also be responsible for vegetation management activities (e.g., mowing, trimming, pruning, herbicide application) to reduce fire hazards, and provide adequate site distance and access along roads or ramps. GEN-21 Erosion Protection Earthen channel banks that experience minor erosion (e.g., cracks along banks, small rivulets, etc.) will be stabilized with temporary, low-impact fixes such as installation of revetment fencing, erosion protection blankets, straw wattles, coir cloth, and tarping. Preference is given to biotechnical treatments. Once maintenance work is complete, the temporary erosion protection treatments will be removed from the site. This work does not include bank stabilization/repair work (e.g., rock slope protection or riprap). GEN-22 Maintain Traffic Flow  To the extent feasible, work shall be staged and conducted in a manner that maintains two-way traffic flow on roadways in the vicinity of the work site.  Heavy equipment and haul traffic shall be prohibited in residential areas to the greatest extent feasible. When no other route to and from the site is available, heavy equipment and haul traffic through residential areas shall be restricted to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday.  If heavy equipment or hauling is required beyond the hours listed above, the County or their contractor would provide notice to adjacent property owners 48 hours in advance of such activities. GEN-23 Traffic Control and Public Safety  In the event that work activities require the temporary closure of any traffic lanes, the County shall implement measures to guide traffic (such as signage and flaggers), safeguard construction workers, provide safe passage of vehicles, and minimize traffic impacts through the duration of work activities. The County also shall notify local emergency service providers regarding any planned lane closures. Contra Costa County Appendix C. Best Management Practices Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration C-8 October 2020 BMP Number BMP Title BMP Description  For any other work within or near the roadway that could pose a hazard to the public, the County shall install/implement appropriate measures, such as fences, barriers, flagging, guards, and/or signs, to give adequate warning and provide protection from the potentially dangerous condition.  For work activities along or near roadways with sidewalks and bike lanes, the County shall implement measures to ensure the safe passage of pedestrians and bicyclists around the work site.  Where work is proposed at or near a recreational park or trail, warning signs will be posted several feet beyond the limits of work. Signs will also be posted if trails will be temporarily closed.  Public transit access and routes will be maintained in the vicinity of the work site. If public transit will be affected by temporary road closures and require detours, affected transit authorities will be consulted and kept informed of maintenance activities. GEN-24 Fire Prevention  All earthmoving and portable equipment with internal combustion engines will be equipped with spark arrestors.  During the high fire danger period (April 1–December 1), work crews will: o Have appropriate fire suppression equipment available at the work site. o Keep flammable materials, including flammable vegetation slash, at least 10 feet away from any equipment that could produce a spark, fire, or flame. o Not use portable tools powered by gasoline-fueled internal combustion engines within 25 feet of any flammable materials unless a round-point shovel or fire extinguisher is within immediate reach of the work crew (no more 25 feet away from the work area).  Mowing activities are conducted in accordance with California Department of Forestry and Fire Protection’s (CAL FIRE) requirements and in coordination with the local fire district. GEN-25 Large Woody Material Retention The following measures will be implemented to retain large woody material where feasible:  The County will only modify or remove large woody material (LWM) from streams when the accumulation of LWM poses a threat to: (1) road stability, bridges, culverts, or other in-stream structures; (2) structures such as homes; (3) project sites with a significant decrease in conveyance capacity which would increase the flood risk to previously described structures; and (4) project sites with an increase in erosion risk to property and increase sediment load. The County will only cut, notch or otherwise modify the minimum amount of stream wood to reduce the hazard with guidance from a consulting hydrologist or fluvial geomorphologist or certified civil engineer who has relevant experience evaluating and assessing LWM and County Environmental staff who understands the importance of balancing habitat protection and flood control needs. LWM will only be removed when such threats cannot be addressed by modifications.  To preserve channel stability and prevent erosion, the County will avoid removing LWM that is embedded in the bank or channel. Contra Costa County Appendix C. Best Management Practices Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration C-9 October 2020 BMP Number BMP Title BMP Description  When modifying log jams, the County will leave trees, logs and/or stumps in the longest lengths and diameters practicable. If logs must be cut from fallen trees, the County will leave as much as possible of the main trunk attached to the root ball and only cut branches that are obstructing flow.  All proposed LWM removal activities conducted by the County will be reviewed by a Qualified Biologist or consulting hydrologist or fluvial geomorphologist or certified civil engineer in coordination with County Environmental staff. Written concurrence from the Qualified Biologist or consulting hydrologist or fluvial geomorphologist or certified civil engineer and County Environmental staff will be provided with the notification of proposed activities. GEN-26 Vegetation Removal The disturbance or removal of vegetation shall not exceed the minimum necessary to complete maintenance activities. The use of bulldozers, backhoes, or other heavy equipment to remove vegetation along stream banks shall be avoided wherever feasible. GEN-27 Grazing Before grazing commences, a biologist will evaluate the area to be grazed to identify sensitive resources. Vegetation to be preserved (e.g., special-status plants) will be protected with avoidance buffers or fences; grazing will also be excluded from active channels and other water sources. Once fencing or buffers are installed, small herds will be placed on parcels for a set amount of time, monitored closely, and removed once the underbrush is cut down. Grazing of trees and shrubs will not be permitted. Air Quality BMPs: These BMPs are based on the Bay Area Air Quality Management District’s Basic Construction Measures. AQ-1 Basic Construction Measures  All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.  All haul trucks transporting soil, sand, or other loose material off-site shall be covered.  All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.  All vehicle speeds on unpaved roads shall be limited to 15 mph.  All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. 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 [CCR]). Clear signage shall be provided for construction workers at all access points.  All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.  Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations. Contra Costa County Appendix C. Best Management Practices Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration C-10 October 2020 BMP Number BMP Title BMP Description Biological Resource BMPs: These BMPs are based on the conditions of the County’s Routine Maintenance Agreement (RMA) issued by the California Department of Fish and Wildlife (CDFW) (Notification # 1600-2010-0367-R3) and will be implemented as appropriate to avoid and minimize impacts on special-status species. These BMPs may be modified as appropriate to ensure protection of special-status species and as a result of consultation with USFWS, NMFS, and CDFW. Additional measures for protection of aquatic species during dewatering activities are described in Measure GEN-12. BIO-1 Staff Training  A qualified biologist will hold an annual training session for staff responsible for performing maintenance activities. Staff will be trained to recognize special-status species and their habitats. Staff will also be trained to use protective measures to ensure that such species are not adversely impacted by maintenance activities.  At least one staff person with up-to-date training in special-status species protective measures will be present at each work site at all times. BIO-2 Minimize Impacts to Nesting Birds  If ground-disturbing maintenance work (e.g., culvert repair or replacement) or tree removal is scheduled to occur between February 15 and September 1, a qualified biologist or biological monitor shall conduct reconnaissance-level surveys for nesting birds within suitable habitat for nesting birds no more than two weeks prior to routine maintenance activities. The biologist or biological monitor shall be familiar with breeding behaviors and nest structures for birds known to nest in the work area. Surveys shall include upland access routes and staging areas in addition to each work site.  Nesting bird surveys are not required for all maintenance work conducted within concrete-lined or earthen trapezoidal channels that are mechanically mowed to maintain vegetation below a height of six (6) inches.  If this survey finds evidence of nesting birds, CDFW may be notified and consulted regarding appropriate no-work buffer areas to be established. Buffers will be maintained until a qualified biologist has determined that the young have fledged and are no longer reliant on the nest or parental care for survival.  If a lapse in project-related work of 7 days or longer occurs, another focused survey and if required, consultation with CDFW and USFWS, shall be required before project work can be reinitiated. BIO-3 Protection of California Red-legged Frog If suitable habitat for California red-legged frog (CRLF) exists at a given work site or within reasonable dispersal distance (per RMA checklist), the following measures must be followed: 1. A qualified biologist or biological monitor shall conduct a reconnaissance-level survey for this species within 48 hours of the commencement of routine maintenance activities. 2. If CRLF are found during surveys or construction, work shall halt and a qualified biologist shall notify CDFW and USFWS for further guidance. 3. If work is initiated after November 15 during the CRLF breeding season (between November 15 to May 15), aquatic vegetation in the maintenance area must be inspected by a qualified biologist for egg masses. If any egg masses are found, crews must leave a 15-foot vegetated buffer between the work area and the egg masses. Contra Costa County Appendix C. Best Management Practices Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration C-11 October 2020 BMP Number BMP Title BMP Description However, if work is initiated prior to November 15 (i.e., outside of the CRLF breeding season), egg mass surveys would not be required due to continuous disturbance to the area associated with maintenance activities. 4. Keep a record of any work sites where egg masses are found and ensure that vegetation removal at these sites occurs prior to November 15 in subsequent years. Include this data in the annual summary reports and provide to USFWS. 5. Maintenance staff shall avoid entering the channel, within the 15-foot vegetated buffer to avoid dislodging egg masses. 6. The County will comply with all pesticide application requirements mandated by the USEPA and stipulated injunctions pertaining to California red-legged frog. For example, in areas subject to the 2006 injunction 1 which was brought against the USEPA by the Center for Biological Diversity, pesticides will be limited for controlling state-designated invasive species and noxious weeds, will not be used within 15 feet of aquatic breeding critical habitat or non-breeding aquatic critical habitat areas or within 15 feet of aquatic features within non-critical habitat sections subject to the 2006 Court-ordered injunction; precipitation is not occurring or forecast to occur within 24 hours; and pesticide is limited to localized spot treatment using hand-held devices. 7. Herbicide application will only be conducted when weather is dry, wind is not above 5 mph and air currents are moving away from CRLF habitat, and no rain is in the forecast for the next 24 hours. BIO-4 Protection of Bat Colonies If suitable bat habitat is determined to be present (per RMA checklist) in or around the work area (e.g. where culverts, structures and/or trees would be removed or otherwise disturbed for over two hours), the following measures must be followed: 1. A qualified biologist or biological monitor with training in bat habitat identification shall inspect features within 50 feet of the work area for potential roosting features no more than 48 hours prior to maintenance activities. Habitat features shall be flagged or marked. 2. If any habitat features identified in the habitat assessment will be altered by project activities, a phased disturbance strategy shall be employed that allows bats roosting in the vicinity to evacuate during nocturnal foraging hours. 3. Non-habitat trees or structural features shall be removed one day prior to removal of habitat features. 4. If bats are detected either during the habitat assessment or construction, all work shall stop and CDFW shall be notified immediately. 1 Court ordered injunction applies to critical and non-critical habitat areas shown on the following map: https://www.epa.gov/sites/production/files/2015-07/documents/contracosta_jj.pdf Contra Costa County Appendix C. Best Management Practices Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration C-12 October 2020 BMP Number BMP Title BMP Description 5. The biological monitor shall supervise the work to ensure that appropriate protective measures are implemented. 6. Do not attempt to directly disturb (e.g., shake, prod) roosting features, as such disturbance constitutes “harassment” under the Fish and Game Code. 7. A two-stage tree removal process over two consecutive days shall be implemented for trees containing bat habitat. The two-stage tree removal process shall entail the following: - Step 1: small branches and small limbs containing no cavity, crevice or exfoliating bark shall be removed with chainsaws under field supervision by a qualified bat biologist. - Step 2: the remainder of the tree shall be removed the following day. The disturbance caused by chainsaw noise and vibration, coupled with the physical alteration, has the effect of causing colonial bat species to abandon the roost tree after nightly emergence for foraging. Removing the tree the next day prevents re- habituation and re-occupation of the altered tree. 8. For phased disturbance in other bat habitat types, CDFW shall be consulted for guidance on appropriate methods. BIO-5 Protection of dusky- footed woodrats If suitable habitat for San Francisco dusky-footed woodrat is determined to be present (per RMA checklist) in the work area, the following measures must be followed: 1. A reconnaissance-level survey must be conducted by a qualified biologist or the biological monitor within 2 weeks prior to starting work. 2. If a woodrat nest is found at or adjacent to the worksite, consult with a qualified biologist to determine an appropriate no-work buffer distance from the nest(s), based on the type of work being completed. 3. Do not disturb or remove any woodrat nests or potential nest structures. 4. Install flagging or temporary fencing to identify the no-work zone between the nest area and the maintenance site (remove when the maintenance work is completed). No personnel or heavy equipment shall operate inside the buffer area. 5. Minimize the impact area and conduct construction activities within designated work areas. 6. Install erosion and sediment control BMPs as warranted. 7. If a woodrat is detected within the work area during construction, work shall halt in the vicinity of the individual(s) until they move out of the area of active construction. The biologist shall contact CDFW for guidance on how to proceed. Contra Costa County Appendix C. Best Management Practices Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration C-13 October 2020 BMP Number BMP Title BMP Description BIO-6 Protection of California Tiger Salamander If suitable habitat for California tiger salamander (CTS) is determined to be present (per RMA checklist), which includes suitable upland dispersal habitat, in or around the work area, the following measures must be followed: 1. A reconnaissance-level survey must be conducted by a qualified biologist or the biological monitor within 48 hours prior to starting work. 2. Each morning prior to commencement of work, a qualified biologist or the biological monitor shall inspect the work site including holes and excavated areas to ensure that CTS are not present within the work site. 3. Open burrows shall be flagged for avoidance and the burrow shall not be disturbed. 4. The biological monitor shall supervise the work to ensure that appropriate protective measures are implemented. 5. Avoid work at night within 1 mile of known CTS locations during the rainy periods (September through April) unless there are emergency circumstances (e.g., flooding). 6. If vegetation must be cleared within areas identified as suitable CTS habitat, cut to no less than four to six inches in height to allow undetected CTS to escape or be viewed safely. 7. Minimize the impact area and equipment should stay within designated work areas. 8. Dewater via CDFW approved method (see RMA) any areas that require work in the water. 9. If a work site is to be temporarily dewatered by pumping, intakes will be completely screened with a wire mesh no larger than 3/16 inches (5 millimeters) to minimize the risk of CTS entering the pump system. 10. Install erosion and sediment control BMPs (e.g., silt fencing and straw wattles) that are tightly woven fibers netting or similar material to ensure no CTS are trapped or injured. 11. If CTS are observed by a qualified biologist or the biological monitor, construction must halt and the biologist shall contact CDFW and USFWS for guidance on how to proceed. BIO-7 Protection of Western Burrowing Owl If suitable habitat for western burrowing owl is determined to be present (per RMA checklist) in or around the work area, the following measures must be followed: 1. A reconnaissance level survey must be conducted by a qualified biologist or the biological monitor within 48 hours prior to starting work. 2. Each morning prior to commencement of project work, the biological monitor shall inspect the work site to ensure that western burrowing owl are not present within the project area. 3. The biological monitor shall supervise the work to ensure that appropriate protective measures are implemented. 4. A qualified biologist or biological monitor will note the location of any active burrows (being used by a burrowing owl) and notify all construction personnel prior to the beginning of work. Contra Costa County Appendix C. Best Management Practices Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration C-14 October 2020 BMP Number BMP Title BMP Description 5. If an active burrow is discovered during breeding season (February 1 – August 31), a 150-foot no-work buffer will be flagged around the burrow and all construction activities will be excluded from the buffer area. 6. If an active burrow is discovered outside of the breeding season (September 1 – January 31), a 75-foot no-work buffer will be maintained and all construction activities will be excluded from the buffer area. 7. Minimize the impact area and stay within designated work areas. 8. If a burrowing owl is observed, construction must halt and the biologist shall contact CDFW for guidance on how to proceed. BIO-8 Protection of Western Pond Turtle If suitable habitat for western pond turtle (WPT) is determined to be present (per RMA checklist) in or around the work area, the following measures must be followed: 1. A reconnaissance level survey must be conducted by a qualified biologist or the biological monitor within 48 hours prior to starting work. 2. Each morning prior to commencement of project work, the biological monitor shall inspect the work site to ensure that special status species are not present within the project area. 3. The biological monitor shall supervise the work to ensure that appropriate protective measures are implemented. 4. Western pond turtle eggs are laid in a buried nest that is usually very well hidden and unlikely to be observed during pre-construction surveys. However, if a nest is discovered during pre-construction surveys, its location will be flagged and workers notified of its presence. No ground-disturbance activities shall occur within 75 feet of the nest. 5. For sites that require work in a wetted channel, dewatering will be conducted via CDFW approved methods (see RMA). 6. Install erosion and sediment control BMPs as warranted. 7. If WPT are found during surveys or construction and could be adversely affected by work activities, work shall halt and the biologist shall contact CDFW for guidance on how to proceed. BIO-9 Protection of Tricolored Blackbird 1. If maintenance work, including vegetation removal is scheduled to occur in tricolored blackbird habitat (see habitat assessment checklist in RMA) between February 15 and September 1, a qualified biologist or biological monitor shall conduct reconnaissance-level surveys for nesting birds within suitable nesting habitat no more than two weeks prior to routine maintenance activities. 2. The biological monitor shall supervise the work to ensure that appropriate protective measures are implemented. 3. If this survey finds evidence of nesting birds in the work site, work shall be postponed until August 15. Contra Costa County Appendix C. Best Management Practices Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration C-15 October 2020 BMP Number BMP Title BMP Description 4. If a lapse in project-related work of 7 days or longer occurs, another focused survey and, if required, consultation with CDFW and USFWS shall be required before project work can be reinitiated. 5. Do not attempt to directly disturb (e.g., shake, prod) trees or shrubs that may contain nests, as such disturbance constitutes “harassment” under the Fish and Game Code. 6. Minimize the impact area and stay within designated work areas. 7. If a tricolored blackbird nest is observed in the construction zone, work shall halt and the biologist shall contact CDFW and USFWS for guidance on how to proceed. BIO-10 Protection of Alameda Whipsnake If suitable habitat for the Alameda whipsnake is determined to be present (per RMA checklist) in or around the work area, the following measures must be followed: 1. A reconnaissance-level survey within suitable habitat must be conducted by a qualified biologist or the biological monitor no more than 48 hours prior to starting work. 2. The biological monitor shall supervise the work to ensure that appropriate protective measures are implemented. 3. No excavation or other ground-moving activities shall take place from November 1 to March 1 to avoid harming snakes hibernating in crevices and burrows. 4. Check for snakes underneath any vehicles parked in or near Alameda whipsnake habitat before driving. 5. If necessary to install erosion control BMPs (e.g., silt fencing and straw wattles), use materials with tightly woven fibers (less than 1 centimeter gaps) to ensure Alameda whipsnakes are not trapped or injured. 6. Minimize the impact area and stay within designated work areas. 7. If an Alameda whipsnake is observed in the construction work area, work shall halt and the biologist shall contact CDFW and USFWS for guidance on how to proceed. BIO-11 Protection of Giant Garter Snake If suitable habitat for giant garter snake (GGS) is determined to be present (per RMA checklist) in or around the work area, the following measures must be followed: 1. Each morning prior to commencement of work, a qualified biologist or the biological monitor shall inspect the work site including aquatic habitat edges, potential basking area near aquatic habitat such as the edge of channel banks, culverts, riprap, and piles of debris to ensure that GGS are not present within the maintenance area. 2. The biological monitor shall supervise the work to ensure that appropriate protective measures are implemented. 3. Work activities shall take place during GGS “active” season (May 1 through October 1), when practicable, due to easier detectability of GGS. Contra Costa County Appendix C. Best Management Practices Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration C-16 October 2020 BMP Number BMP Title BMP Description 4. If work activities will take place outside of GGS “active” season and ground disturbance is required, then a qualified biologist must be present to survey all work activities. 5. Any dewatered habitat shall remain dry for at least 15 consecutive days prior to excavating or filling of the dewatered area when performing work activities from April 15 and throughout “active” season. 6. Where practical, limit vehicle speed to 15 mph on access routes and road ways to avoid running over basking GGS. Look for GGS basking on access routes during the “active” season. 7. Minimize the work activities within 200 feet from channel banks within GGS aquatic habitat and operate equipment within designated work areas. 8. Where possible, confine movement of heavy equipment and vehicles to existing roadways to minimize habitat disturbance. 9. Visually check for GGS under vehicles and equipment prior to moving them. Cap all materials onsite (culverts, pipes, etc.) to preclude GGS from becoming entrapped. 10. Install erosion and sediment control BMPs as warranted. 11. If a GGS is found during work activities, the biologist shall contact USFWS and CDFW for guidance on how to proceed. BIO-12 Protection of Special- status Plants  Prior to sediment removal or other ground disturbing activities in tidal/brackish portions of County-maintained channels, a qualified botanist shall perform surveys for special-status plants with the potential to occur in these areas, which include soft salty bird's-beak (Chloropyron molle ssp. molle [=Cordylanthus mollis ssp. mollis]), Mason's lilaeopsis (Lilaeopsis masonii), Delta mudwort (Limosella australis), Suisun Marsh aster (Symphyotrichum lentum), small spikerush (Eleocharis parvula), Marin knotweed (Polygonum marinense), Bolander's water-hemlock (Cicuta maculata var. bolanderi), and Delta tule pea (Lathyrus jepsonii var. jepsonii). The survey(s) shall occur within two years of the start of sediment removal/ground disturbing activities in tidal/brackish portions of channels. To account for potential indirect effects, the survey area will include the proposed ground disturbance area and an appropriate buffer to be determined by a qualified botanist. The entire survey area will be walked to ensure thorough coverage. Floristic surveys will be performed during the appropriate bloom period(s) for each target species, or at a time when plants can be identified to a taxonomic level necessary to determine whether they are a special-status species. Reference sites may be visited as needed to confirm phenology. A report will be prepared which documents the survey area, methods, maps showing the location of any special-status plants identified, a list of plant taxa occurring in the survey area, assessment of potential impacts to special-status plants if present, and photographs of any special- status plants identified.  If special-status plants may be directly or indirectly affected, the construction/sediment removal footprint will be adjusted or an exclusion area will be established to avoid impacts to the plants. Locations of special-status plant populations will be clearly identified in the field by staking, flagging, or fencing prior to the commencement of Contra Costa County Appendix C. Best Management Practices Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration C-17 October 2020 BMP Number BMP Title BMP Description activities that may cause disturbance. A qualified botanist shall determine whether direct and/or indirect impacts would occur.  If the botanist determines that impacts would not be completely avoided, the USFWS and CDFW shall be contacted for guidance on how to proceed. BIO-13 Herbicide Use In Wildcat Basin To avoid potential impacts to fish associated with aquatic herbicide application in Wildcat Basin, herbicide application will be limited to occur from September 1 to October 31. BIO-14 Protection of Steelhead The following measures apply to the County-maintained portions of the three streams within the Program area that support Central California Coast steelhead: Wildcat Creek, San Pablo Creek and Pinole Creek (see Figure 5-1 in Chapter 5). These streams support Central California Coast steelhead. Measures include:  Dewatering Not Permitted: In-channel work may only occur during dry conditions and no dewatering will occur in the portions of Wildcat, San Pablo, and Pinole creeks that support salmonid habitat during maintenance work. Works sites must be naturally dry prior to and during Maintenance Program activities.  Work Window: Maintenance activities in steelhead streams may only be conducted from June 15 to October 15.  Culvert Repair and Replacement: Culvert repair and replacements conducted under the Maintenance Program at locations identified on Figure 5-1 will be designed to conform with the NMFS Guidelines for Salmonid Passage at Stream Crossings (September 2019). Design plans will be submitted to NMFS for review and approval at least 120 days in advance of construction.  Herbicide Applications: For aquatic herbicide application, the Maintenance Program will only use herbicides with adjuvants that are registered and approved for aquatic use in California and Washington. The County will coordinate with NMFS to include new adjuvants as they are released under the Maintenance Program as necessary.  Large Woody Management: Where feasible, the Maintenance Program will retain large woody material in open natural or earthen engineered portions of Wildcat, Pinole, and San Pablo creeks to provide fish habitat, as long as large woody material would not obstruct flows and exacerbate flood conditions, or increase the public safety risks. Large woody material is defined as wood below the top of bank that has a diameter equal to or larger than 12 inches and 6 feet in length.  Sediment Removal: The volume and estimated linear feet of sediment removal will be identified for each site in the Annual Notification Report. The volume of sediment removed from channels will be limited to 400 cubic yards for natural channels, 800 cubic yards for engineered earthen channels, and 1,500 cubic yards for concrete channels per site. The limits on linear feet by channel type are listed in Table 5-1. BIO-15 Use of Rodenticides Rodenticides will be used only at County dam/reservoir site and be subject to the following conditions:  The County will only use rodenticides when necessary to protect the structural stability of a dam and when other, less toxic alternatives are not available. Contra Costa County Appendix C. Best Management Practices Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration C-18 October 2020 BMP Number BMP Title BMP Description  Rodenticide application will only be conducted after reconnaissance-level surveys have been completed for listed species with potential to occur in the area. If listed-species that use rodents as prey and/or that could be attracted by baited traps are expected to occur, the County will coordinate with CDFW prior to application.  The County will apply rodenticides through bait stations to prevent non-target species from ingesting the rodenticide directly. Bait stations will be monitored regularly and modified as needed to ensure non-target wildlife are not accessing the bait. Cultural Resources CUL-1 Review Sensitivity Maps During the early phases of Annual Work Plan development, for all locations where ground-disturbing activities are proposed where excavation would be required beyond the facility’s as-built design or otherwise reach previously undisturbed soils beyond existing engineered depths or extent, the County will review the Cultural Sensitivity Maps (Appendix E of the Manual). If the foregoing conditions are not applicable to the maintenance activity being performed, only BMP CUL-5 and CUL-6 will be required. Based on the location of projects, and whether or not excavation or ground disturbance will occur beyond existing engineered depths or extent, BMPs CUL-2 through CUL-4 shall be implemented as follows:  High Sensitivity: BMPs CUL-2, CUL-3, and CUL-4  Moderate Sensitivity: BMP CUL-2 and CUL-3  Low Sensitivity: BMPs CUL-2 through CUL- 4 not required  Unknown Sensitivity: BMP CUL-2 and CUL-3  BMPs CUL-5 and CUL-6 are applicable to all ground-disturbing activities in natural channels or native soils, regardless of the sensitivity level of the work area. CUL-2 Record Search and Field Inventory for Highly or Moderately Sensitive Areas, and Areas of Unknown Sensitivity  The County will retain a qualified cultural resources specialist to conduct a review and evaluation of locations that involve soil disturbance/excavation in natural channels or native soils identified as Highly to Moderately Sensitive to determine the potential for these activities to affect significant cultural resources.  The initial evaluation will be based on a review of archival information provided by the Northwest Information Center (NWIC) of the California Historical Resources Information System in regard to the project area based on a 0.25-mile search radius. This initial archival review will be completed by the professional archaeologist who will be able to view confidential site location data and literature to arrive at a preliminary sensitivity determination.  It is recommended that the County conduct a review of the Sacred Lands Inventory of the Native American Heritage Commission (NAHC) and due diligence outreach with individuals identified by the NAHC and/or local historical societies or groups. This outreach would involve sending a letter with a request for pertinent information about cultural resources within the project area and to identify any concerns. This outreach is in addition to notification under PRC 21080.3.1 (i.e., CUL-3), and may be appropriate for projects that would not otherwise require Assembly Bill Contra Costa County Appendix C. Best Management Practices Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration C-19 October 2020 BMP Number BMP Title BMP Description 52 notification. Such outreach is also encouraged under Section 106 implementing regulations at 36 CFR 800.4(a)(3) for identification of historic properties.  The qualified archaeologist will conduct field inventory of the project area to determine the presence/absence of surface cultural materials. The results, along with any mitigation and/or management recommendations, will be presented to the County in an appropriate report format that includes any necessary maps, figures, and correspondence with interested parties. The report will also include a summary of the records search and archival research data, and pertinent geoarchaeological overviews and studies, and regional research designs, as appropriate.  A summary table indicating appropriate management actions (e.g., monitoring during construction, presence/absence testing for subsurface resources, and data recovery) will be developed for each project work area reviewed.  The maintenance activities will be implemented to avoid significant impacts to cultural resources, if possible. EXCEPTIONS: After the NWIC record search and NAHC sacred lands search have been conducted, the qualified archaeologist may determine that a field review is not necessary under the following circumstances:  Locales that have previously been subject to cultural resource studies where no previously identified cultural resources or historical resources were documented.  Locales that have previously been subject to cultural resources studies, but identified cultural resources have been determined by a qualified archaeologist/resource specialist as not eligible for listing in the California Register of Historical Resources (CRHR) or the National Register of Historic Places (NRHP). A short report would be required to document the decision not to conduct a field study. CUL-3 Consult with Native American Tribes The County, as the lead CEQA agency, has notified Native American tribes about the Maintenance Program according to PRC 21080.3.1 (also referred to as Assembly Bill 52); only Native American tribes that have previously requested notification from the County pursuant to PRC 21080.3.1(b) require notification. For tribes that request consultation under PRC 21080.3.1(b)(2), the County will consult with those tribes pursuant to PRC 21080.3.2 for projects in areas of high, moderate, and unknown sensitivity. CUL-4 Construction Monitoring  The County will retain a qualified archaeologist to be present on-site during ground-disturbing activities within areas identified as highly sensitive for cultural areas, unless the qualified archaeologist determines otherwise after the field inventory conducted under CUL-2. Similarly, after conducting the field study under CUL-2, the qualified archaeologist may determine that areas originally identified as moderately sensitive for cultural resources warrant monitoring during construction. The reasons for conducting monitoring in areas initially considered of moderate sensitivity would be discussed in the inventory report.  The qualified archaeologist will have the authority to stop work if cultural resources are discovered.  If any cultural resources are discovered during construction monitoring, BMP CUL-6 would be implemented as appropriate. Contra Costa County Appendix C. Best Management Practices Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration C-20 October 2020 BMP Number BMP Title BMP Description CUL-5 Conduct Pre- Maintenance Educational Training At the beginning of each maintenance season, and in concert with implementing BMP BIO-1, as well as before conducting activities subject to BMP CUL-2 through CUL-4, all maintenance personnel will participate in an educational training session conducted by a qualified cultural resources specialist. This training will include instruction on how to identify historic and prehistoric resources that may be encountered, and will describe the appropriate protocol to be followed if resources are discovered during maintenance work. CUL-6 Address Discovery of Cultural Remains or Paleontological Resources Appropriately Unanticipated discoveries of cultural and paleontological resources may occur during maintenance construction activities. Examples of prehistoric Native American cultural remains are obsidian and chert flaked-stone tools (e.g., projectile points, knives, scrapers) or significant areas of tool-making debris; culturally darkened soil (“midden”) containing heat-affected rocks, artifacts, or shellfish remains; stone milling equipment (e.g., mortars, pestles, handstones, or milling slabs); and battered stone tools, such as hammerstones and pitted stones. Historic-period artifacts may include stone, concrete, or adobe footings, foundations, and walls; filled wells or privies; and deposits of metal, glass, and/or ceramic refuse. Paleontological resources are fossilized remains of plants and animals. Work will be restricted or stopped in areas where remains or artifacts are found until proper protocols are met, as described below. Protocol for treatment of prehistoric or historic cultural resources or human remains: 1. Work at the location of the find will halt immediately within 50 feet of the find. A “no work” zone will be established utilizing appropriate flagging to delineate the boundary of this zone, which will measure at least 50 feet in all directions from the find. 2. The County will retain the services of a consulting archaeologist, who will visit the discovery site as soon as practicable and perform minor hand excavation to describe the archaeological resources present and assess the amount of disturbance. 3. The consulting archaeologist will provide to the County and USACE, at a minimum, written and digital- photographic documentation of all observed materials, utilizing the CRHR and NRHP guidelines for evaluating archaeological resources. Based on the assessment, the County and USACE will identify the CEQA and Section 106 cultural resources compliance procedures to be implemented. 4. If the consulting archaeologist determines that the find appears not to meet the CRHR or NRHP criteria of significance, and a USACE archaeologist concurs with the consulting archaeologist’s conclusions, construction may continue while monitored by the consulting archaeologist. The authorized maintenance work will resume at the discovery site only after the County has retained a consulting archaeologist to monitor and the Maintenance Manager has received notification from USACE allowing work to continue. 5. If the find appears significant, avoidance of additional impacts is the preferred alternative. The consulting archaeologist will determine if adverse impacts to the resources can be avoided. Contra Costa County Appendix C. Best Management Practices Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration C-21 October 2020 BMP Number BMP Title BMP Description 6. Where avoidance is not practical (e.g., maintenance activities cannot be deferred or must be completed to satisfy the Maintenance Program objective), the County will develop an action plan (also known as a data recovery plan) and submit it to USACE within 48 hours of determining that maintenance activities cannot be deferred. The action plan will be submitted by email to the appropriate archeological/cultural resources contact at the USACE. The action plan is equivalent to a data recovery plan. It will be prepared in accordance with the current professional standards and state guidelines for reporting the results of the work, and will describe the services of a Native American consultant, if appropriate, and a proposal for curation of cultural materials recovered from a non-grave context. 7. The recovery effort will be documented in a report prepared by the consulting archaeologist in accordance with current archaeological standards. Any non-grave artifacts will be placed with an appropriate repository. 8. In the event of discovery of human remains (or if a find consists of bones suspected to be human), the field crew supervisor will take immediate steps to secure and protect such remains from vandalism during periods when work crews are absent.) 9. The maintenance crew supervisor will immediately notify the Contra Costa County Coroner and provide any information that identifies the remains as Native American. If the remains are determined to be those of a prehistoric Native American or a Native American from the ethnographic period, the Coroner will contact NAHC within 24 hours of being notified about the remains. NAHC will designate and notify a most likely descendant (MLD) within 24 hours. The MLD will have 48 hours to consult and provide recommendations for the treatment or disposition, with proper dignity, of the human remains and grave goods. 10. Preservation in situ is the preferred option for human remains. Human remains will be preserved in situ if continuation of the maintenance work, as determined by the consulting archaeologist and MLD, will not cause further damage to the remains. The remains and artifacts will be documented, the find location carefully backfilled (with protective geo-fabric if desirable), and the information recorded in County Maintenance Program files. 11. If human remains or cultural items are exposed during maintenance that cannot be protected from further damage, they will be exhumed by the consulting archaeologist at the discretion of the MLD and reburied, with the concurrence of the MLD, in a place mutually agreed upon by all parties. Protocol for treatment of paleontological resources: 1. Work at the location of the find will halt immediately within 50 feet of the find. A “no work” zone will be established utilizing appropriate flagging to delineate the boundary of this zone, which will measure at least 50 feet in all directions from the find. Contra Costa County Appendix C. Best Management Practices Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration C-22 October 2020 BMP Number BMP Title BMP Description 2. The County will retain the services of a consulting paleontologist who meets the Society for Vertebrate Paleontology’s criteria for a “qualified professional paleontologist” (Society of Vertebrate Paleontology Conformable Impact Mitigation Guidelines Committee 1995). 3. The consulting paleontologist will follow the Society for Vertebrate Paleontology’s guidelines for treatment of the find. Treatment may include preparation and recovery of fossil materials for donation to an appropriate museum or university collection, and may include preparation of a report describing the find. The County will be responsible for ensuring that the paleontologist’s recommendations are implemented. Contra Costa County Routine Maintenance Program Initial Study/ Mitigated Negative Declaration October 2020 Appendix D Mitigation Monitoring and Reporting Program Contra Costa County Appendix D. Mitigation Monitoring and Reporting Program Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration D-1 October 2020 MITIGATION MONITORING AND REPORTING PROGRAM SUMMARY TABLE The following Mitigation Monitoring and Reporting Program (MMRP) identifies the mitigation measures that will be implemented as part of the Contra Costa County Routine Maintenance Program. The Contra Costa County Flood Control and Water Conservation District (District) and the Contra Costa County Public Works Department (Department) (collectively referred to as County) or its Contractors under the supervision of the County will be responsible for implementing the following measures. The County will be responsible for monitoring to ensure the following measures are effectively implemented to reduce impacts to less-than-significant levels. Contra Costa County Appendix D. Mitigation Monitoring and Reporting Program Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration D-2 October 2020 Impact Mitigation, Avoidance, and Minimization Measures Implementation Timing Implementation Responsibility Verification Responsibility Compliance Verification Date 4. BIOLOGICAL RESOURCES BIO-1: Impacts to Special- Status Species and Habitat in East County Mitigation Measure BIO-1: Compliance with ECCC HCP/NCCP For all Tier 3 maintenance activities proposed in East County, the County’s maintenance staff will be required to prepare a HCP/NCCP Planning Survey Report (PSR) to determine the applicable land cover type, associated species measures, conditions on covered activities, and determine appropriate fees. In order to protect special-status species covered by the HCP/NCCP, applicable HCP/NCCP species- specific measures will be implemented by the County. For example, in areas with suitable California tiger salamander habitat, written notification to USFWS, CDFW, and the Conservancy will be provided at least 30 days prior to disturbance of any suitable breeding habitat in order to allow for USFWS or CDFW staff to translocate individuals within 14 days of receiving notice from the Conservancy, if requested. For any impacts to special-status species and habitats, the County will be required to pay the appropriate HCP/NCCP fees, which will be determined at the time of the PSR. Prior to maintenance work County County; East Contra Costa County Habitat Conservancy (Conservancy) BIO-2: Permanent Impacts to Riparian Vegetation Mitigation Measure BIO-2: Provide Compensatory Mitigation for Riparian Vegetation The compensatory mitigation package, which is incorporated into the proposed program, will be implemented to compensate for impacts on woody riparian vegetation. By April 15 of each year, the County would notify the relevant regulatory agencies (i.e., those agencies with jurisdictional authority or oversight) of the year’s planned maintenance projects. The relevant regulatory agencies would be provided with information describing proposed maintenance project activities, locations, natural resource conditions, and any other key resource issues. The notification package would describe which ground-disturbing maintenance activities would result in Prior to and after maintenance is complete County County; Conservancy (for maintenance activities in East County) Contra Costa County Appendix D. Mitigation Monitoring and Reporting Program Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration D-3 October 2020 impacts on temporary and permanent impacts on riparian habitat. It would also describe in detail the County’s proposal for providing compensatory mitigation for those impacts and may include one or more options summarized below. For regular maintenance activities located in West and Central that have potential to remove some riparian habitat, the preferred mitigation approach is on-site mitigation. The general on-site mitigation approach is to restore the type of habitat that is impacted by maintenance activities in the same project vicinity or stream reach where the disturbance has occurred. For on-site, in-kind mitigation, the County will restore, preserve, and manage riparian habitats, or substantially improve the quality of highly degraded riparian habitats at a ratio of 1.5:1, meaning 1.5 acres of riparian habitat will be restored/created for every 1 acre of riparian habitat impacted by proposed program activities, or at a ratio determined to be acceptable by relevant regulatory agencies (e.g., CDFW). This may involve removing non-native invasive plants or planting riparian vegetation to provide ecological enhancement benefits. Where on-site mitigation is not possible, off-site mitigation can provide opportunities for in-kind mitigation that aligns with the functions and values of natural resources that are potentially impacted by the proposed program but is done at a different location than where the maintenance occurs. The general approach is to conduct off-site mitigation within the same watershed or general region as where the maintenance activities occur. This type of mitigation is similar to the on-site option in that the focus is to provide in-kind habitat enhancement or restoration, stream functional improvement, water quality benefits, or overall watershed health improvements that offset maintenance impacts or reduce the need for maintenance. For off-site, in-kind mitigation for riparian habitat, the County will acquire, preserve, enhance, and manage lands that provide similar ecological functions and values to the riparian impacted by program maintenance activities. The acquisition and preservation/enhancement of these higher quality lands will occur at a ratio of 3:1, meaning 3 acres of riparian shall be Contra Costa County Appendix D. Mitigation Monitoring and Reporting Program Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration D-4 October 2020 Impact Mitigation, Avoidance, and Minimization Measures Implementation Timing Implementation Responsibility Verification Responsibility Compliance Verification Date acquired, preserved, and enhanced for every 1 acre of riparian habitat impacted by proposed maintenance activities. Enhancement may include limited riparian planting, or invasive plant removal, or other activities to enhance riparian/aquatic habitat functions and values. Other options for compensatory mitigation include partnering with local Contra Costa County-based watershed, stewardship, or non-profit organizations that lead or coordinate habitat restoration or watershed improvement projects. For out-of-kind preservation of watershed lands as a means of compensatory mitigation, the acquisition of more general watershed conservation lands will occur at a ratio of 8:1 or as otherwise negotiated with regulatory agencies. For maintenance activities in East County, the County will comply with ECCC HCP/NCCP by completing and submitting a PSR and pay appropriate fees or deed land in lieu of fees to mitigate for impacts to riparian vegetation where deemed necessary by the Conservancy. BIO-3: Permanent Impacts to Wetlands and Other Waters Mitigation Measure BIO-3: Provide Compensatory Mitigation for Impacts on Wetlands and Other Waters By April 15 of each year, the County would notify the relevant regulatory agencies (i.e., those agencies with jurisdictional authority or oversight) of the year’s planned maintenance projects. The relevant regulatory agencies would be provided with information describing proposed maintenance project activities, locations, natural resource conditions, and the County’s proposal for providing compensatory mitigation for impacts on wetlands and other waters, summarized below. For regular maintenance activities located in West and Central County that have potential to remove wetlands/other waters, the preferred mitigation approach is on-site at a ratio of 1.5:1 or Prior to and after maintenance is complete County County; Conservancy (for maintenance activities in East County) Contra Costa County Appendix D. Mitigation Monitoring and Reporting Program Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration D-5 October 2020 Impact Mitigation, Avoidance, and Minimization Measures Implementation Timing Implementation Responsibility Verification Responsibility Compliance Verification Date at a ratio determined acceptable by relevant regulatory agencies (e.g., RWQCB). Where on-site mitigation is not possible, off-site mitigation can provide opportunities for in-kind mitigation that aligns with the functions and values of natural resources that are potentially impacted by the proposed program but is done at a different location than where the maintenance occurs. The general approach is to conduct off-site mitigation within the same watershed or general region as where the maintenance activities occur. For off-site, in-kind mitigation for wetlands and other waters, the County will acquire, preserve, enhance, and manage lands that provide similar ecological functions and values to the wetlands and other waters impacted by program maintenance activities. The acquisition and preservation/enhancement of these higher quality lands will occur at a ratio of 3:1 or at a ratio determined acceptable by relevant regulatory agencies (e.g., RWQCB).Enhancement may include limited wetland or bank planting, invasive plant removal, or other activities to enhance the habitat functions and values of wetlands and other waters. Other options for compensatory mitigation include partnering with local Contra Costa County-based watershed, stewardship, or non-profit organizations that lead or coordinate habitat restoration or watershed improvement projects. For maintenance activities in East County, the County will comply with the ECCC HCP/NCCP process by completing and submitting a PSR and pay appropriate fees or deed land in lieu of fees to mitigate for impacts to wetlands and other waters where necessary. 9. HAZARDS AND HAZARDOUS MATERIALS Mitigation Measure HAZ-1: Testing and Proper Disposal of Contaminated Soil, Sediment and Groundwater Contra Costa County Appendix D. Mitigation Monitoring and Reporting Program Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration D-6 October 2020 Impact Mitigation, Avoidance, and Minimization Measures Implementation Timing Implementation Responsibility Verification Responsibility Compliance Verification Date HAZ-1: Disturbance of Contaminated Soil, Sediment, or Groundwater Prior to initiating ground-disturbing activities, the County or its contractors will inspect the soil, sediment, or groundwater for the presence of possible contamination. If indicators of contamination (e.g., foul odor, staining or sheen, etc.) are found, the County or its contractors will test the soil, sediment or groundwater. If results indicate contamination is present, the County or its contractors will treat the soil, sediment, or groundwater as potentially hazardous and dispose of the material at an approved hazardous waste disposal facility. In removing potentially contaminated soil, sediment, or groundwater, workers will wear protective clothing and equipment to limit their exposure. Prior to ground disturbance County and its Contractors County HAZ-2: Expose Workers to Contaminated Soil or Mitigation Measure HAZ-2: Review of Proximity to Existing Known Hazardous Materials Clean-up Sites and Implementation of Safety Precautions Contra Costa County Appendix D. Mitigation Monitoring and Reporting Program Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration D-7 October 2020 Impact Mitigation, Avoidance, and Minimization Measures Implementation Timing Implementation Responsibility Verification Responsibility Compliance Verification Date Hazardous Materials from Ground Disturbance on Existing Hazardous Materials Sites The County and/or its contractors will evaluate the proximity of proposed maintenance sites that involve ground-disturbing activities to existing known hazardous material clean-up sites. This review will include examination of the planned maintenance activity footprint in relation to records of hazardous materials sites in the State Water Resources Control Board’s GeoTracker database and the Department of Toxic Substances Control’s EnviroStor database. If the proposed maintenance activity is located on or within 100 feet of a documented hazardous material contamination site, for which clean-up activities have not been completed or been successful, the County and/or its contractors will commission a Phase I Environmental Site Assessment to more fully characterize the past land uses and potential for soil and/or groundwater contamination to occur at or in close proximity to the site. If the Phase I Environmental Site Assessment demonstrates a reasonable likelihood that contamination remains within the proposed maintenance activity’s area of disturbance, the County and/or its contractors will commission a Phase II Environmental Site Assessment, including soils testing, to characterize the extent of the contamination and develop ways to avoid the contaminated areas during maintenance activities. The County will follow all recommendations of the Phase II Environmental Site Assessment and conduct the proposed maintenance to avoid areas of contamination, to the extent feasible. In the event that it is not feasible to avoid all areas of contamination, the County and/or its contractors will follow all applicable laws regarding management of hazardous materials and wastes. This includes proper disposal of any contaminated soil in a hazardous waste landfill, and ensuring that workers are provided with adequate personal protective equipment to prevent unsafe exposure. Prior to and during maintenance County and its Contractors County Contra Costa County Appendix D. Mitigation Monitoring and Reporting Program Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration D-8 October 2020 Impact Mitigation, Avoidance, and Minimization Measures Implementation Timing Implementation Responsibility Verification Responsibility Compliance Verification Date 13. NOISE NOI-1: Noise Impacts to Sensitive Receptors Mitigation Measure NOI-1: Noise Control For all maintenance activities, the County will implement the following noise control practices to minimize disturbances to residential areas surrounding maintenance sites: a. The operation of heavy construction equipment will be limited to occur between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday and comply with local noise requirements. b. Maintenance activities in residential areas will not occur on Saturdays, Sundays, or any holidays except during emergencies, or with advance notification of surrounding residents. Extended hours will be approved by the County Public Works Department and the contractor/Resident Engineer will be available to address any noise concerns during active maintenance work. c. Powered equipment (vehicles, heavy equipment, and hand equipment such as chainsaws) will be equipped with adequate mufflers maintained in good condition. Best available noise control techniques (e.g., mufflers, intake silencers, ducts, engine enclosures, and acoustically attenuating shields or shrouds) will be used for all equipment and trucks, as necessary. d. Stationary equipment (e.g., pumps) will be located as far as practical from noise-sensitive uses. If they must be located near sensitive receptors, adequate muffling (with enclosures where feasible) will be used. Enclosure opening or venting will face away from sensitive receptors. e. Staging areas will be located as far as possible from noise sensitive receptors during maintenance work. Prior to and during maintenance County County Contra Costa County Appendix D. Mitigation Monitoring and Reporting Program Contra Costa County Routine Maintenance Program Initial Study/Mitigated Negative Declaration D-9 October 2020 Impact Mitigation, Avoidance, and Minimization Measures Implementation Timing Implementation Responsibility Verification Responsibility Compliance Verification Date f. At maintenance sites where heavy equipment will be used within 40 feet of sensitive receptors for longer than 5 days within the Program area, residents/sensitive receptors will be notified at least one week prior to performing maintenance work. At maintenance sites where heavy equipment will be used within 130 feet and 225 feet in the cities of Lafayette and Richmond, residents/sensitive receptors will be notified at least one week prior to performing maintenance work. The notification will include the anticipated schedule and contact number for a County representative who can address noise complaints. g. The County will use hydraulically or electrically powered equipment wherever feasible to avoid the noise associated with compressed-air exhaust from pneumatically powered tools. However, where use of pneumatically powered tools is unavoidable, an exhaust muffler on the compressed-air exhaust will be used (a muffler can lower noise levels from the exhaust by up to about ten dB). External jackets on the tools themselves shall be used, where feasible, which could achieve a reduction of five dB. NOI-2: Exposure to Excessive Noise Levels Associated with Airports Mitigation Measure NOI-2: Employee Best Management Practices at Airports The County will require that employees performing any maintenance activities at Buchanan Field airport are supplied with and wear personal protective equipment (i.e., noise- reducing headphones or earplugs) to protect against excessive noise levels. Further, to the extent feasible, maintenance activities would be performed during periods of time when the frequency of plane landings/takeoffs is minimal. During maintenance County County Contra Costa County Routine Maintenance Program Initial Study/ Mitigated Negative Declaration October 2020 Appendix E CalEEmod Air Quality Modeling Work Days 260 Average Daily Criteria Pollutant Emissions (Pounds / Day) Source ROG NOx CO PM10 Exhaust PM10 Fugitive PM2.5 Exhaust PM2.5 Fugitive Vehicles/Equipment 1.11 10.35 7.24 0.41 1.19 0.38 0.63 Pesticide Use 1.17 Total 2.28 10.35 7.24 0.41 1.19 0.38 0.63 BAAQMD Threshold 54 54 82 54 Annual Criteria Pollutant Emissions (Tons / Year) Source ROG NOx CO PM10 Exhaust PM10 Fugitive PM2.5 Exhaust PM2.5 Fugitive Vehicles/Equipment 0.1445 1.3455 0.9406 0.0535 0.1552 0.0493 0.0821 Pesticide Use 0.1525 - - - - - - Total 0.297 1.3455 0.9406 0.0535 0.1552 0.0493 0.0821 BAAQMD Threshold 10 10 15 10 2021 2021 Activity Acres/Year Herbicide Amount Per Acre Applications per year 42.75 Roundup Pro 1%1 gal 3 42.75 Garlon 3A 0.5%0.5 gal 3 42.75 Dimension Ultra 1%0.25 gal (0.5 lb / ac)3 42.75 Dimension 2EW 1%0.25 gal 3 2389 - Creek Banks 126 Esplanade SC 7 oz 1 2391 - Aquatic 76 Roundup Custom 1%1 gal 1 2387 - Access Road Spraying Product Name CA Registration # TGA Value Active Ingredient Formulation Application Rate Application Rate Unit Acres Treated Applications Total VOC Emissions (lbs) VOC Emission Rate (lbs/acre/ application) High VOC ROUNDUP CUSTOM FOR AQUATIC & TERRESTRIAL USE 524- 343-ZG 0 GLYPHOSATE, ISOPROPYLAMINE SALT LIQUID CONCENTRATE 1 gallons/acre 76 1 0 0 ROUNDUP PRO HERBICIDE 524- 475-ZA 0 GLYPHOSATE, ISOPROPYLAMINE SALT LIQUID CONCENTRATE 1 gallons/acre 42.75 3 0 0 GARLON 3A 62719- 37-ZC 11.52 TRICLOPYR, TRIETHYLAMINE SALT SUSPENSION 0.5 gallons/acre 42.75 3 70.78 0.55 DIMENSION 2EW 62719- 542-AA 39.15 DITHIOPYR EMULSIFIABLE CONCENTRATE 0.25 gallons/acre 42.75 3 209.17 1.63 DIMENSION ULTRA 40 WP 62719- 445-ZA 1.85 DITHIOPYR WETTABLE POWDER 0.5 lbs/acre 42.75 3 1.19 0.01 ESPLANADE 200 SC 432- 1516-AA 39.15 INDAZIFLAM EMULSIFIABLE CONCENTRATE 7 fluid ounces/acre 126 1 23.6 0.19 Total:304.74 Results from DPR VOC Emissions Calculator: https://apps.cdpr.ca.gov/voc-calculator/start.cfm Tons:0.15237 2/6/2020 VOC Emissions Calculation Report https://apps.cdpr.ca.gov/voc-calculator/report.cfm 1/3 VOC Emissions Calculation Report For additional crop information please visit the UC IPM website. Product #: 1 CA Registration #:  VOC Emission Potential:  Primary Active Ingredient:  Formulation Type:  Application Rate:  Acres Treated:  Number of Applications:  Total VOC Emissions:  VOC Emission Rate:  ROUNDUP CUSTOM FOR AQUATIC & TERRESTRIAL USE 524- 343-ZG 0.00 GLYPHOSATE, ISOPROPYLAMINE SALT LIQUID CONCENTRATE 1 gallons/acre 1 76 0.00 lbs 0.00 lbs/acre/application Product #: 2 CA Registration #:  VOC Emission Potential:  Primary Active Ingredient:  Formulation Type:  Application Rate:  Acres Treated:  Number of Applications:  Total VOC Emissions:  VOC Emission Rate:  ROUNDUP PRO HERBICIDE 524- 475-ZA 0.00 GLYPHOSATE, ISOPROPYLAMINE SALT LIQUID CONCENTRATE 1 gallons/acre 3 42.75 0.00 lbs 0.00 lbs/acre/application Product #: 3 CA Registration #:  VOC Emission Potential:  Primary Active Ingredient:  Formulation Type:  Application Rate:  Acres Treated:  Number of Applications:  Total VOC Emissions:  VOC Emission Rate:  GARLON 3A 62719- 37-ZC 11.52 TRICLOPYR, TRIETHYLAMINE SALT SUSPENSION 0.5 gallons/acre 3 42.75 70.78 lbs 0.55 lbs/acre/application Product #: 4 CA Registration #:  VOC Emission Potential:  Primary Active Ingredient:  Formulation Type:  Application Rate:  Acres Treated:  Number of Applications:  Total VOC Emissions:  VOC Emission Rate:  DIMENSION 2EW 62719- 542-AA 39.15 DITHIOPYR EMULSIFIABLE CONCENTRATE 0.25 gallons/acre 3 42.75 209.17 lbs 1.63 lbs/acre/application Product #: 5 CA Registration #:  VOC Emission Potential:  Primary Active Ingredient:  Formulation Type:  Application Rate:  DIMENSION ULTRA 40 WP 62719- 445-ZA 1.85 DITHIOPYR WETTABLE POWDER 0.5 lbs/acre About DPR Join E-Lists A-Z Index Careers Contact Us  Settings  Programs  Database  News/Publications  Quicklinks  Search 2/6/2020 VOC Emissions Calculation Report https://apps.cdpr.ca.gov/voc-calculator/report.cfm 2/3 Acres Treated:  Number of Applications:  Total VOC Emissions:  VOC Emission Rate:  3 42.75 1.19 lbs 0.01 lbs/acre/application Product #: 6 CA Registration #:  VOC Emission Potential:  Primary Active Ingredient:  Formulation Type:  Application Rate:  Acres Treated:  Number of Applications:  Total VOC Emissions:  VOC Emission Rate:  ESPLANADE 200 SC 432- 1516-AA 39.15 INDAZIFLAM EMULSIFIABLE CONCENTRATE 7 fluid ounces/acre 1 126 23.60 lbs 0.19 lbs/acre/application Total VOC Emissions for this scenario: 304.74 lbs Export to Excel Run Another VOC Calculation Visual Over view Back to Top Help Sitemap Accessibility Accessibility Certification, PDF 2/6/2020 VOC Emissions Calculation Report https://apps.cdpr.ca.gov/voc-calculator/report.cfm 3/3 Copyright © 2020 Department of Pesticide Regulation Conditions of Use Privacy Policy     Fuel Calcs Fuel Use Calculations Phase Name Number Days in Construct ion Worker Trip Number (daily, one-way) Vendor Trip Number Hauling Trip Number (total for construction phase) Worker Trip Length Vendor Trip Length Hauling Trip Length Worker Vehicle Class Vendor Vehicle Class Hauling Vehicle Class Worker Fuel Rate (gallon/m ile) Vendor Fuel Rate (gallon/m ile) Hauling Fuel Rate (gallon/m ile) Worker Fuel Use (gallons) Hauling Fuel Rate (gallons) Culvert Repair 40 8 0 67 10.8 7.3 20 LD_Mix HDT_Mix HHDT 0.0460707 0.1810911 318 243 Trimming and Pruning 204 3 0 0 10.8 7.3 20 LD_Mix HDT_Mix HHDT 0.0460707 0.1810911 609 0 Sediment Removal 48 5 0 75 10.8 7.3 20 LD_Mix HDT_Mix HHDT 0.0460707 0.1810911 239 272 Access Road and Ramp Main 18 8 0 113 10.8 7.3 20 LD_Mix HDT_Mix HHDT 0.0460707 0.1810911 143 409 Erosion Protection 5 5 0 0 10.8 7.3 20 LD_Mix HDT_Mix HHDT 0.0460707 0.1810911 25 0 Minor Maintenance Activities 10 3 0 0 10.8 7.3 20 LD_Mix HDT_Mix HHDT 0.0460707 0.1810911 30 0 Mowing 81 3 0 0 10.8 7.3 20 LD_Mix HDT_Mix HHDT 0.0460707 0.1810911 242 0 Tree Removal 48 3 0 0 10.8 7.3 20 LD_Mix HDT_Mix HHDT 0.0460707 0.1810911 143 0 TOTAL:1,749 924 Page 1 PhaseName OffRoad Equipment Type Off Road Equipment Unit Amount Usage Hours per Day Horsepower Load Factor Number of Construction Days Amount of Horsepower Use (gal/hp- hr) Gallons of Diesel Use Culvert Repair Excavators 1 4 158 0.38 40 25280 1234 Culvert Repair Off-Highway Trucks 1 4 402 0.38 40 64320 3140 Culvert Repair Plate Compactors 1 4 8 0.43 40 1280 62 Trimming and Pruning Off-Highway Trucks 1 8 402 0.38 204 656064 32024 Sediment Removal Excavators 1 8 158 0.38 48 60672 2962 Sediment Removal Rubber Tired Dozers 1 8 247 0.4 48 94848 4630 Access Road and Ramp Maintena Graders 1 8 187 0.41 18 26928 1314 Access Road and Ramp Maintena Off-Highway Trucks 1 8 402 0.38 18 57888 2826 Access Road and Ramp Maintena Rollers 1 8 80 0.38 18 11520 562 Erosion Protection Off-Highway Trucks 2 2 402 0.38 5 4020 392 Minor Maintenance Activities Off-Highway Trucks 1 8 402 0.38 10 32160 1570 Mowing Off-Highway Tractors 1 8 124 0.44 81 80352 3922 Tree Removal Off-Highway Trucks 1 8 402 0.38 48 154368 7535 TOTAL:62,173 gallons of diesel Page 2 1.1 Land Usage Land Uses Size Metric Lot Acreage Floor Surface Area Population City Park 0.00 Acre 0.00 0.00 0 1.2 Other Project Characteristics Urbanization Climate Zone Urban 4 Wind Speed (m/s)Precipitation Freq (Days)2.2 58 1.3 User Entered Comments & Non-Default Data 1.0 Project Characteristics Utility Company Pacific Gas & Electric Company 2022Operational Year CO2 Intensity (lb/MWhr) 641.35 0.029CH4 Intensity (lb/MWhr) 0.006N2O Intensity (lb/MWhr) Contra Costa County Routine Maintenance Program Contra Costa County, Annual CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 1 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual Project Characteristics - Land Use - Construction Phase - Activities based on 11/19/19 Data Request Response Off-road Equipment - Off-Highway Truck = Water Truck Off-road Equipment - Off-highway Truck = Water Truck. Dump trucks covered under hauling trips. Off-road Equipment - Off-Highway Trucks = Pickups Off-road Equipment - Off-Highway Truck = pickup Off-road Equipment - Tractor = Mower Off-road Equipment - Dumptrucks reflected in hauling trips Off-road Equipment - Off-highway Truck = Forestry Stake Bed Truck Off-road Equipment - Off-highway Truck = pickup truck Trips and VMT - Grading - Values from Nov. 19 data request Fleet Mix - Table Name Column Name Default Value New Value tblConstructionPhase NumDays 0.00 40.00 tblConstructionPhase NumDays 0.00 204.00 tblConstructionPhase NumDays 0.00 48.00 tblConstructionPhase NumDays 0.00 18.00 tblConstructionPhase NumDays 0.00 5.00 tblConstructionPhase NumDays 0.00 10.00 tblConstructionPhase NumDays 0.00 81.00 tblConstructionPhase NumDays 0.00 48.00 tblGrading AcresOfGrading 0.00 1.20 tblGrading AcresOfGrading 9.00 1.50 tblGrading MaterialExported 0.00 532.00 CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 2 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual tblGrading MaterialExported 0.00 600.00 tblGrading MaterialExported 0.00 300.00 tblGrading MaterialImported 0.00 532.00 tblGrading MaterialImported 0.00 600.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 0.00 CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 3 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual 2.0 Emissions Summary tblOffRoadEquipment UsageHours 1.00 0.00 tblOffRoadEquipment UsageHours 1.00 8.00 CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 4 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual 2.1 Overall Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr 2021 0.1445 1.3455 0.9406 2.8200e- 003 0.1552 0.0535 0.2088 0.0821 0.0493 0.1313 0.0000 248.6645 248.6645 0.0759 0.0000 250.5622 Maximum 0.1445 1.3455 0.9406 2.8200e- 003 0.1552 0.0535 0.2088 0.0821 0.0493 0.1313 0.0000 248.6645 248.6645 0.0759 0.0000 250.5622 Unmitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year tons/yr MT/yr 2021 0.1445 1.3455 0.9406 2.8200e- 003 0.1552 0.0535 0.2088 0.0821 0.0493 0.1313 0.0000 248.6642 248.6642 0.0759 0.0000 250.5620 Maximum 0.1445 1.3455 0.9406 2.8200e- 003 0.1552 0.0535 0.2088 0.0821 0.0493 0.1313 0.0000 248.6642 248.6642 0.0759 0.0000 250.5620 Mitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 5 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Area 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Energy 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mobile 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Waste 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Water 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated Operational Quarter Start Date End Date Maximum Unmitigated ROG + NOX (tons/quarter)Maximum Mitigated ROG + NOX (tons/quarter) 1 1-1-2021 3-31-2021 0.4653 0.4653 2 4-1-2021 6-30-2021 0.5585 0.5585 3 7-1-2021 9-30-2021 0.2862 0.2862 Highest 0.5585 0.5585 CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 6 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Area 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Energy 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mobile 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Waste 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Water 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Operational 3.0 Construction Detail Construction Phase ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 7 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual Phase Number Phase Name Phase Type Start Date End Date Num Days Week Num Days Phase Description 1 Culvert Repair Grading 1/1/2021 2/25/2021 5 40 2 Trimming and Pruning Grading 1/1/2021 10/13/2021 5 204 3 Sediment Removal Grading 2/26/2021 5/4/2021 5 48 4 Access Road and Ramp Maintenance Grading 5/5/2021 5/28/2021 5 18 5 Erosion Protection Grading 5/29/2021 6/4/2021 5 5 6 Minor Maintenance Activities Grading 6/5/2021 6/18/2021 5 10 7 Mowing Grading 6/19/2021 10/11/2021 5 81 8 Tree Removal Grading 10/14/2021 12/20/2021 5 48 OffRoad Equipment Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Culvert Repair Concrete/Industrial Saws 0 8.00 81 0.73 Culvert Repair Excavators 1 4.00 158 0.38 Culvert Repair Off-Highway Trucks 1 4.00 402 0.38 Culvert Repair Plate Compactors 1 4.00 8 0.43 Culvert Repair Rubber Tired Dozers 0 0.00 247 0.40 Culvert Repair Tractors/Loaders/Backhoes 0 6.00 97 0.37 Trimming and Pruning Concrete/Industrial Saws 0 8.00 81 0.73 Trimming and Pruning Off-Highway Trucks 1 8.00 402 0.38 Residential Indoor: 0; Residential Outdoor: 0; Non-Residential Indoor: 0; Non-Residential Outdoor: 0; Striped Parking Area: 0 (Architectural Coating ±sqft) Acres of Grading (Site Preparation Phase): 0 Acres of Grading (Grading Phase): 0 Acres of Paving: 0 CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 8 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual Trimming and Pruning Rubber Tired Dozers 0 1.00 247 0.40 Trimming and Pruning Tractors/Loaders/Backhoes 0 6.00 97 0.37 Sediment Removal Concrete/Industrial Saws 0 8.00 81 0.73 Sediment Removal Excavators 1 8.00 158 0.38 Sediment Removal Rubber Tired Dozers 1 8.00 247 0.40 Sediment Removal Tractors/Loaders/Backhoes 0 6.00 97 0.37 Access Road and Ramp Maintenance Concrete/Industrial Saws 0 8.00 81 0.73 Access Road and Ramp Maintenance Graders 1 8.00 187 0.41 Access Road and Ramp Maintenance Off-Highway Trucks 1 8.00 402 0.38 Access Road and Ramp Maintenance Rollers 1 8.00 80 0.38 Access Road and Ramp Maintenance Rubber Tired Dozers 0 1.00 247 0.40 Access Road and Ramp Maintenance Tractors/Loaders/Backhoes 0 6.00 97 0.37 Erosion Protection Concrete/Industrial Saws 0 8.00 81 0.73 Erosion Protection Off-Highway Trucks 2 2.00 402 0.38 Erosion Protection Rubber Tired Dozers 0 1.00 247 0.40 Erosion Protection Tractors/Loaders/Backhoes 0 6.00 97 0.37 Minor Maintenance Activities Concrete/Industrial Saws 0 8.00 81 0.73 Minor Maintenance Activities Off-Highway Trucks 1 8.00 402 0.38 Minor Maintenance Activities Rubber Tired Dozers 0 1.00 247 0.40 Minor Maintenance Activities Tractors/Loaders/Backhoes 0 6.00 97 0.37 Mowing Concrete/Industrial Saws 0 8.00 81 0.73 Mowing Off-Highway Tractors 1 8.00 124 0.44 Mowing Rubber Tired Dozers 0 1.00 247 0.40 Mowing Tractors/Loaders/Backhoes 0 6.00 97 0.37 Tree Removal Concrete/Industrial Saws 0 8.00 81 0.73 Tree Removal Off-Highway Trucks 1 8.00 402 0.38 Tree Removal Rubber Tired Dozers 0 1.00 247 0.40 CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 9 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual 3.1 Mitigation Measures Construction Tree Removal Tractors/Loaders/Backhoes 0 6.00 97 0.37 Trips and VMT Phase Name Offroad Equipment Count Worker Trip Number Vendor Trip Number Hauling Trip Number Worker Trip Length Vendor Trip Length Hauling Trip Length Worker Vehicle Class Vendor Vehicle Class Hauling Vehicle Class Culvert Repair 3 8.00 0.00 67.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Trimming and Pruning 1 3.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Sediment Removal 2 5.00 0.00 75.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Access Road and Ramp Maintenance 3 8.00 0.00 113.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Erosion Protection 2 5.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Minor Maintenance Activities 1 3.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Mowing 1 3.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Tree Removal 1 3.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 10 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual 3.2 Culvert Repair - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 6.0000e- 005 0.0000 6.0000e- 005 1.0000e- 005 0.0000 1.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 8.7500e- 003 0.0767 0.0709 1.9000e- 004 3.0700e- 003 3.0700e- 003 2.8300e- 003 2.8300e- 003 0.0000 16.4490 16.4490 5.2500e- 003 0.0000 16.5803 Total 8.7500e- 003 0.0767 0.0709 1.9000e- 004 6.0000e- 005 3.0700e- 003 3.1300e- 003 1.0000e- 005 2.8300e- 003 2.8400e- 003 0.0000 16.4490 16.4490 5.2500e- 003 0.0000 16.5803 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 2.6000e- 004 8.9700e- 003 1.7800e- 003 3.0000e- 005 5.7000e- 004 3.0000e- 005 6.0000e- 004 1.6000e- 004 3.0000e- 005 1.8000e- 004 0.0000 2.5089 2.5089 1.1000e- 004 0.0000 2.5117 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 5.0000e- 004 3.5000e- 004 3.6600e- 003 1.0000e- 005 1.2700e- 003 1.0000e- 005 1.2800e- 003 3.4000e- 004 1.0000e- 005 3.5000e- 004 0.0000 1.0738 1.0738 2.0000e- 005 0.0000 1.0744 Total 7.6000e- 004 9.3200e- 003 5.4400e- 003 4.0000e- 005 1.8400e- 003 4.0000e- 005 1.8800e- 003 5.0000e- 004 4.0000e- 005 5.3000e- 004 0.0000 3.5827 3.5827 1.3000e- 004 0.0000 3.5861 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 11 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual 3.2 Culvert Repair - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 6.0000e- 005 0.0000 6.0000e- 005 1.0000e- 005 0.0000 1.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 8.7500e- 003 0.0767 0.0709 1.9000e- 004 3.0700e- 003 3.0700e- 003 2.8300e- 003 2.8300e- 003 0.0000 16.4490 16.4490 5.2500e- 003 0.0000 16.5803 Total 8.7500e- 003 0.0767 0.0709 1.9000e- 004 6.0000e- 005 3.0700e- 003 3.1300e- 003 1.0000e- 005 2.8300e- 003 2.8400e- 003 0.0000 16.4490 16.4490 5.2500e- 003 0.0000 16.5803 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 2.6000e- 004 8.9700e- 003 1.7800e- 003 3.0000e- 005 5.7000e- 004 3.0000e- 005 6.0000e- 004 1.6000e- 004 3.0000e- 005 1.8000e- 004 0.0000 2.5089 2.5089 1.1000e- 004 0.0000 2.5117 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 5.0000e- 004 3.5000e- 004 3.6600e- 003 1.0000e- 005 1.2700e- 003 1.0000e- 005 1.2800e- 003 3.4000e- 004 1.0000e- 005 3.5000e- 004 0.0000 1.0738 1.0738 2.0000e- 005 0.0000 1.0744 Total 7.6000e- 004 9.3200e- 003 5.4400e- 003 4.0000e- 005 1.8400e- 003 4.0000e- 005 1.8800e- 003 5.0000e- 004 4.0000e- 005 5.3000e- 004 0.0000 3.5827 3.5827 1.3000e- 004 0.0000 3.5861 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 12 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual 3.3 Trimming and Pruning - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0618 0.5369 0.3676 1.3500e- 003 0.0197 0.0197 0.0181 0.0181 0.0000 118.3054 118.3054 0.0383 0.0000 119.2619 Total 0.0618 0.5369 0.3676 1.3500e- 003 0.0000 0.0197 0.0197 0.0000 0.0181 0.0181 0.0000 118.3054 118.3054 0.0383 0.0000 119.2619 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 9.5000e- 004 6.6000e- 004 7.0100e- 003 2.0000e- 005 2.4300e- 003 2.0000e- 005 2.4400e- 003 6.5000e- 004 1.0000e- 005 6.6000e- 004 0.0000 2.0536 2.0536 5.0000e- 005 0.0000 2.0548 Total 9.5000e- 004 6.6000e- 004 7.0100e- 003 2.0000e- 005 2.4300e- 003 2.0000e- 005 2.4400e- 003 6.5000e- 004 1.0000e- 005 6.6000e- 004 0.0000 2.0536 2.0536 5.0000e- 005 0.0000 2.0548 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 13 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual 3.3 Trimming and Pruning - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0618 0.5369 0.3676 1.3500e- 003 0.0197 0.0197 0.0181 0.0181 0.0000 118.3052 118.3052 0.0383 0.0000 119.2618 Total 0.0618 0.5369 0.3676 1.3500e- 003 0.0000 0.0197 0.0197 0.0000 0.0181 0.0181 0.0000 118.3052 118.3052 0.0383 0.0000 119.2618 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 9.5000e- 004 6.6000e- 004 7.0100e- 003 2.0000e- 005 2.4300e- 003 2.0000e- 005 2.4400e- 003 6.5000e- 004 1.0000e- 005 6.6000e- 004 0.0000 2.0536 2.0536 5.0000e- 005 0.0000 2.0548 Total 9.5000e- 004 6.6000e- 004 7.0100e- 003 2.0000e- 005 2.4300e- 003 2.0000e- 005 2.4400e- 003 6.5000e- 004 1.0000e- 005 6.6000e- 004 0.0000 2.0536 2.0536 5.0000e- 005 0.0000 2.0548 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 14 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual 3.4 Sediment Removal - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.1452 0.0000 0.1452 0.0795 0.0000 0.0795 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0306 0.3150 0.1754 3.3000e- 004 0.0153 0.0153 0.0141 0.0141 0.0000 28.9039 28.9039 9.3500e- 003 0.0000 29.1376 Total 0.0306 0.3150 0.1754 3.3000e- 004 0.1452 0.0153 0.1605 0.0795 0.0141 0.0936 0.0000 28.9039 28.9039 9.3500e- 003 0.0000 29.1376 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 2.9000e- 004 0.0100 1.9900e- 003 3.0000e- 005 6.4000e- 004 3.0000e- 005 6.7000e- 004 1.7000e- 004 3.0000e- 005 2.1000e- 004 0.0000 2.8085 2.8085 1.2000e- 004 0.0000 2.8116 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 3.7000e- 004 2.6000e- 004 2.7500e- 003 1.0000e- 005 9.5000e- 004 1.0000e- 005 9.6000e- 004 2.5000e- 004 1.0000e- 005 2.6000e- 004 0.0000 0.8054 0.8054 2.0000e- 005 0.0000 0.8058 Total 6.6000e- 004 0.0103 4.7400e- 003 4.0000e- 005 1.5900e- 003 4.0000e- 005 1.6300e- 003 4.2000e- 004 4.0000e- 005 4.7000e- 004 0.0000 3.6138 3.6138 1.4000e- 004 0.0000 3.6174 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 15 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual 3.4 Sediment Removal - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.1452 0.0000 0.1452 0.0795 0.0000 0.0795 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0306 0.3150 0.1754 3.3000e- 004 0.0153 0.0153 0.0141 0.0141 0.0000 28.9038 28.9038 9.3500e- 003 0.0000 29.1375 Total 0.0306 0.3150 0.1754 3.3000e- 004 0.1452 0.0153 0.1605 0.0795 0.0141 0.0936 0.0000 28.9038 28.9038 9.3500e- 003 0.0000 29.1375 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 2.9000e- 004 0.0100 1.9900e- 003 3.0000e- 005 6.4000e- 004 3.0000e- 005 6.7000e- 004 1.7000e- 004 3.0000e- 005 2.1000e- 004 0.0000 2.8085 2.8085 1.2000e- 004 0.0000 2.8116 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 3.7000e- 004 2.6000e- 004 2.7500e- 003 1.0000e- 005 9.5000e- 004 1.0000e- 005 9.6000e- 004 2.5000e- 004 1.0000e- 005 2.6000e- 004 0.0000 0.8054 0.8054 2.0000e- 005 0.0000 0.8058 Total 6.6000e- 004 0.0103 4.7400e- 003 4.0000e- 005 1.5900e- 003 4.0000e- 005 1.6300e- 003 4.2000e- 004 4.0000e- 005 4.7000e- 004 0.0000 3.6138 3.6138 1.4000e- 004 0.0000 3.6174 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 16 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual 3.5 Access Road and Ramp Maintenance - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 8.5000e- 004 0.0000 8.5000e- 004 9.0000e- 005 0.0000 9.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0112 0.1180 0.0653 2.0000e- 004 4.4900e- 003 4.4900e- 003 4.1300e- 003 4.1300e- 003 0.0000 17.7524 17.7524 5.7400e- 003 0.0000 17.8959 Total 0.0112 0.1180 0.0653 2.0000e- 004 8.5000e- 004 4.4900e- 003 5.3400e- 003 9.0000e- 005 4.1300e- 003 4.2200e- 003 0.0000 17.7524 17.7524 5.7400e- 003 0.0000 17.8959 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 4.4000e- 004 0.0151 3.0000e- 003 4.0000e- 005 9.6000e- 004 5.0000e- 005 1.0100e- 003 2.6000e- 004 5.0000e- 005 3.1000e- 004 0.0000 4.2314 4.2314 1.9000e- 004 0.0000 4.2361 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.2000e- 004 1.6000e- 004 1.6500e- 003 1.0000e- 005 5.7000e- 004 0.0000 5.7000e- 004 1.5000e- 004 0.0000 1.6000e- 004 0.0000 0.4832 0.4832 1.0000e- 005 0.0000 0.4835 Total 6.6000e- 004 0.0153 4.6500e- 003 5.0000e- 005 1.5300e- 003 5.0000e- 005 1.5800e- 003 4.1000e- 004 5.0000e- 005 4.7000e- 004 0.0000 4.7146 4.7146 2.0000e- 004 0.0000 4.7196 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 17 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual 3.5 Access Road and Ramp Maintenance - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 8.5000e- 004 0.0000 8.5000e- 004 9.0000e- 005 0.0000 9.0000e- 005 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0112 0.1180 0.0653 2.0000e- 004 4.4900e- 003 4.4900e- 003 4.1300e- 003 4.1300e- 003 0.0000 17.7524 17.7524 5.7400e- 003 0.0000 17.8959 Total 0.0112 0.1180 0.0653 2.0000e- 004 8.5000e- 004 4.4900e- 003 5.3400e- 003 9.0000e- 005 4.1300e- 003 4.2200e- 003 0.0000 17.7524 17.7524 5.7400e- 003 0.0000 17.8959 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 4.4000e- 004 0.0151 3.0000e- 003 4.0000e- 005 9.6000e- 004 5.0000e- 005 1.0100e- 003 2.6000e- 004 5.0000e- 005 3.1000e- 004 0.0000 4.2314 4.2314 1.9000e- 004 0.0000 4.2361 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.2000e- 004 1.6000e- 004 1.6500e- 003 1.0000e- 005 5.7000e- 004 0.0000 5.7000e- 004 1.5000e- 004 0.0000 1.6000e- 004 0.0000 0.4832 0.4832 1.0000e- 005 0.0000 0.4835 Total 6.6000e- 004 0.0153 4.6500e- 003 5.0000e- 005 1.5300e- 003 5.0000e- 005 1.5800e- 003 4.1000e- 004 5.0000e- 005 4.7000e- 004 0.0000 4.7146 4.7146 2.0000e- 004 0.0000 4.7196 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 18 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual 3.6 Erosion Protection - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 7.6000e- 004 6.5800e- 003 4.5100e- 003 2.0000e- 005 2.4000e- 004 2.4000e- 004 2.2000e- 004 2.2000e- 004 0.0000 1.4498 1.4498 4.7000e- 004 0.0000 1.4615 Total 7.6000e- 004 6.5800e- 003 4.5100e- 003 2.0000e- 005 0.0000 2.4000e- 004 2.4000e- 004 0.0000 2.2000e- 004 2.2000e- 004 0.0000 1.4498 1.4498 4.7000e- 004 0.0000 1.4615 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.0000e- 005 3.0000e- 005 2.9000e- 004 0.0000 1.0000e- 004 0.0000 1.0000e- 004 3.0000e- 005 0.0000 3.0000e- 005 0.0000 0.0839 0.0839 0.0000 0.0000 0.0839 Total 4.0000e- 005 3.0000e- 005 2.9000e- 004 0.0000 1.0000e- 004 0.0000 1.0000e- 004 3.0000e- 005 0.0000 3.0000e- 005 0.0000 0.0839 0.0839 0.0000 0.0000 0.0839 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 19 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual 3.6 Erosion Protection - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 7.6000e- 004 6.5800e- 003 4.5100e- 003 2.0000e- 005 2.4000e- 004 2.4000e- 004 2.2000e- 004 2.2000e- 004 0.0000 1.4498 1.4498 4.7000e- 004 0.0000 1.4615 Total 7.6000e- 004 6.5800e- 003 4.5100e- 003 2.0000e- 005 0.0000 2.4000e- 004 2.4000e- 004 0.0000 2.2000e- 004 2.2000e- 004 0.0000 1.4498 1.4498 4.7000e- 004 0.0000 1.4615 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 4.0000e- 005 3.0000e- 005 2.9000e- 004 0.0000 1.0000e- 004 0.0000 1.0000e- 004 3.0000e- 005 0.0000 3.0000e- 005 0.0000 0.0839 0.0839 0.0000 0.0000 0.0839 Total 4.0000e- 005 3.0000e- 005 2.9000e- 004 0.0000 1.0000e- 004 0.0000 1.0000e- 004 3.0000e- 005 0.0000 3.0000e- 005 0.0000 0.0839 0.0839 0.0000 0.0000 0.0839 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 20 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual 3.7 Minor Maintenance Activities - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 3.0300e- 003 0.0263 0.0180 7.0000e- 005 9.7000e- 004 9.7000e- 004 8.9000e- 004 8.9000e- 004 0.0000 5.7993 5.7993 1.8800e- 003 0.0000 5.8462 Total 3.0300e- 003 0.0263 0.0180 7.0000e- 005 0.0000 9.7000e- 004 9.7000e- 004 0.0000 8.9000e- 004 8.9000e- 004 0.0000 5.7993 5.7993 1.8800e- 003 0.0000 5.8462 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 5.0000e- 005 3.0000e- 005 3.4000e- 004 0.0000 1.2000e- 004 0.0000 1.2000e- 004 3.0000e- 005 0.0000 3.0000e- 005 0.0000 0.1007 0.1007 0.0000 0.0000 0.1007 Total 5.0000e- 005 3.0000e- 005 3.4000e- 004 0.0000 1.2000e- 004 0.0000 1.2000e- 004 3.0000e- 005 0.0000 3.0000e- 005 0.0000 0.1007 0.1007 0.0000 0.0000 0.1007 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 21 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual 3.7 Minor Maintenance Activities - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 3.0300e- 003 0.0263 0.0180 7.0000e- 005 9.7000e- 004 9.7000e- 004 8.9000e- 004 8.9000e- 004 0.0000 5.7993 5.7993 1.8800e- 003 0.0000 5.8462 Total 3.0300e- 003 0.0263 0.0180 7.0000e- 005 0.0000 9.7000e- 004 9.7000e- 004 0.0000 8.9000e- 004 8.9000e- 004 0.0000 5.7993 5.7993 1.8800e- 003 0.0000 5.8462 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 5.0000e- 005 3.0000e- 005 3.4000e- 004 0.0000 1.2000e- 004 0.0000 1.2000e- 004 3.0000e- 005 0.0000 3.0000e- 005 0.0000 0.1007 0.1007 0.0000 0.0000 0.1007 Total 5.0000e- 005 3.0000e- 005 3.4000e- 004 0.0000 1.2000e- 004 0.0000 1.2000e- 004 3.0000e- 005 0.0000 3.0000e- 005 0.0000 0.1007 0.1007 0.0000 0.0000 0.1007 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 22 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual 3.8 Mowing - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0101 0.1037 0.1255 1.9000e- 004 5.0100e- 003 5.0100e- 003 4.6100e- 003 4.6100e- 003 0.0000 16.7202 16.7202 5.4100e- 003 0.0000 16.8554 Total 0.0101 0.1037 0.1255 1.9000e- 004 0.0000 5.0100e- 003 5.0100e- 003 0.0000 4.6100e- 003 4.6100e- 003 0.0000 16.7202 16.7202 5.4100e- 003 0.0000 16.8554 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 3.8000e- 004 2.6000e- 004 2.7800e- 003 1.0000e- 005 9.6000e- 004 1.0000e- 005 9.7000e- 004 2.6000e- 004 1.0000e- 005 2.6000e- 004 0.0000 0.8154 0.8154 2.0000e- 005 0.0000 0.8159 Total 3.8000e- 004 2.6000e- 004 2.7800e- 003 1.0000e- 005 9.6000e- 004 1.0000e- 005 9.7000e- 004 2.6000e- 004 1.0000e- 005 2.6000e- 004 0.0000 0.8154 0.8154 2.0000e- 005 0.0000 0.8159 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 23 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual 3.8 Mowing - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0101 0.1037 0.1255 1.9000e- 004 5.0100e- 003 5.0100e- 003 4.6100e- 003 4.6100e- 003 0.0000 16.7201 16.7201 5.4100e- 003 0.0000 16.8553 Total 0.0101 0.1037 0.1255 1.9000e- 004 0.0000 5.0100e- 003 5.0100e- 003 0.0000 4.6100e- 003 4.6100e- 003 0.0000 16.7201 16.7201 5.4100e- 003 0.0000 16.8553 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 3.8000e- 004 2.6000e- 004 2.7800e- 003 1.0000e- 005 9.6000e- 004 1.0000e- 005 9.7000e- 004 2.6000e- 004 1.0000e- 005 2.6000e- 004 0.0000 0.8154 0.8154 2.0000e- 005 0.0000 0.8159 Total 3.8000e- 004 2.6000e- 004 2.7800e- 003 1.0000e- 005 9.6000e- 004 1.0000e- 005 9.7000e- 004 2.6000e- 004 1.0000e- 005 2.6000e- 004 0.0000 0.8154 0.8154 2.0000e- 005 0.0000 0.8159 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 24 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual 3.9 Tree Removal - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0145 0.1263 0.0865 3.2000e- 004 4.6300e- 003 4.6300e- 003 4.2600e- 003 4.2600e- 003 0.0000 27.8366 27.8366 9.0000e- 003 0.0000 28.0616 Total 0.0145 0.1263 0.0865 3.2000e- 004 0.0000 4.6300e- 003 4.6300e- 003 0.0000 4.2600e- 003 4.2600e- 003 0.0000 27.8366 27.8366 9.0000e- 003 0.0000 28.0616 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.2000e- 004 1.6000e- 004 1.6500e- 003 1.0000e- 005 5.7000e- 004 0.0000 5.7000e- 004 1.5000e- 004 0.0000 1.6000e- 004 0.0000 0.4832 0.4832 1.0000e- 005 0.0000 0.4835 Total 2.2000e- 004 1.6000e- 004 1.6500e- 003 1.0000e- 005 5.7000e- 004 0.0000 5.7000e- 004 1.5000e- 004 0.0000 1.6000e- 004 0.0000 0.4832 0.4832 1.0000e- 005 0.0000 0.4835 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 25 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual 4.0 Operational Detail - Mobile 3.9 Tree Removal - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.0145 0.1263 0.0865 3.2000e- 004 4.6300e- 003 4.6300e- 003 4.2600e- 003 4.2600e- 003 0.0000 27.8365 27.8365 9.0000e- 003 0.0000 28.0616 Total 0.0145 0.1263 0.0865 3.2000e- 004 0.0000 4.6300e- 003 4.6300e- 003 0.0000 4.2600e- 003 4.2600e- 003 0.0000 27.8365 27.8365 9.0000e- 003 0.0000 28.0616 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 2.2000e- 004 1.6000e- 004 1.6500e- 003 1.0000e- 005 5.7000e- 004 0.0000 5.7000e- 004 1.5000e- 004 0.0000 1.6000e- 004 0.0000 0.4832 0.4832 1.0000e- 005 0.0000 0.4835 Total 2.2000e- 004 1.6000e- 004 1.6500e- 003 1.0000e- 005 5.7000e- 004 0.0000 5.7000e- 004 1.5000e- 004 0.0000 1.6000e- 004 0.0000 0.4832 0.4832 1.0000e- 005 0.0000 0.4835 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 26 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 4.1 Mitigation Measures Mobile 4.2 Trip Summary Information 4.3 Trip Type Information Average Daily Trip Rate Unmitigated Mitigated Land Use Weekday Saturday Sunday Annual VMT Annual VMT City Park 0.00 0.00 0.00 Total 0.00 0.00 0.00 Miles Trip %Trip Purpose % Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C-W H-S or C-C H-O or C-NW Primary Diverted Pass-by City Park 9.50 7.30 7.30 33.00 48.00 19.00 66 28 6 4.4 Fleet Mix Land Use LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH City Park 0.586711 0.038259 0.185486 0.120728 0.016377 0.005053 0.010699 0.024311 0.001622 0.001773 0.005406 0.002738 0.000835 CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 27 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual 5.0 Energy Detail ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Electricity Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Electricity Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 NaturalGas Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 NaturalGas Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 5.1 Mitigation Measures Energy Historical Energy Use: N CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 28 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual 5.2 Energy by Land Use - NaturalGas NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr City Park 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr tons/yr MT/yr City Park 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 29 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual 6.1 Mitigation Measures Area 6.0 Area Detail 5.3 Energy by Land Use - Electricity Electricity Use Total CO2 CH4 N2O CO2e Land Use kWh/yr MT/yr City Park 0 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 Unmitigated Electricity Use Total CO2 CH4 N2O CO2e Land Use kWh/yr MT/yr City Park 0 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 Mitigated CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 30 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category tons/yr MT/yr Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr Architectural Coating 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 31 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual 7.1 Mitigation Measures Water 7.0 Water Detail 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory tons/yr MT/yr Architectural Coating 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 32 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual Total CO2 CH4 N2O CO2e Category MT/yr Mitigated 0.0000 0.0000 0.0000 0.0000 Unmitigated 0.0000 0.0000 0.0000 0.0000 7.2 Water by Land Use Indoor/Out door Use Total CO2 CH4 N2O CO2e Land Use Mgal MT/yr City Park 0 / 0 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 Unmitigated CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 33 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual 8.1 Mitigation Measures Waste 7.2 Water by Land Use Indoor/Out door Use Total CO2 CH4 N2O CO2e Land Use Mgal MT/yr City Park 0 / 0 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 Mitigated 8.0 Waste Detail Total CO2 CH4 N2O CO2e MT/yr Mitigated 0.0000 0.0000 0.0000 0.0000 Unmitigated 0.0000 0.0000 0.0000 0.0000 Category/Year CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 34 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual 8.2 Waste by Land Use Waste Disposed Total CO2 CH4 N2O CO2e Land Use tons MT/yr City Park 0 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 Unmitigated Waste Disposed Total CO2 CH4 N2O CO2e Land Use tons MT/yr City Park 0 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 Mitigated 9.0 Operational Offroad Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 35 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual 11.0 Vegetation 10.0 Stationary Equipment Fire Pumps and Emergency Generators Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment Equipment Type Number CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 1:24 PMPage 36 of 36 Contra Costa County Routine Maintenance Program - Contra Costa County, Annual 1.1 Land Usage Land Uses Size Metric Lot Acreage Floor Surface Area Population City Park 0.00 Acre 0.00 0.00 0 1.2 Other Project Characteristics Urbanization Climate Zone Urban 4 Wind Speed (m/s)Precipitation Freq (Days)2.2 58 1.3 User Entered Comments & Non-Default Data 1.0 Project Characteristics Utility Company Pacific Gas & Electric Company 2022Operational Year CO2 Intensity (lb/MWhr) 641.35 0.029CH4 Intensity (lb/MWhr) 0.006N2O Intensity (lb/MWhr) Contra Costa County Routine Maintenance Program Contra Costa County, Summer CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:13 PMPage 1 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Summer Project Characteristics - Land Use - Construction Phase - Activities based on 11/19/19 Data Request Response Off-road Equipment - Off-Highway Truck = Water Truck Off-road Equipment - Off-highway Truck = Water Truck. Dump trucks covered under hauling trips. Off-road Equipment - Off-Highway Trucks = Pickups Off-road Equipment - Off-Highway Truck = pickup Off-road Equipment - Tractor = Mower Off-road Equipment - Dumptrucks reflected in hauling trips Off-road Equipment - Off-highway Truck = Forestry Stake Bed Truck Off-road Equipment - Off-highway Truck = pickup truck Trips and VMT - Grading - Values from Nov. 19 data request Fleet Mix - Table Name Column Name Default Value New Value tblConstructionPhase NumDays 0.00 40.00 tblConstructionPhase NumDays 0.00 204.00 tblConstructionPhase NumDays 0.00 48.00 tblConstructionPhase NumDays 0.00 18.00 tblConstructionPhase NumDays 0.00 5.00 tblConstructionPhase NumDays 0.00 10.00 tblConstructionPhase NumDays 0.00 81.00 tblConstructionPhase NumDays 0.00 48.00 tblGrading AcresOfGrading 0.00 1.20 tblGrading AcresOfGrading 9.00 1.50 tblGrading MaterialExported 0.00 532.00 CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:13 PMPage 2 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Summer tblGrading MaterialExported 0.00 600.00 tblGrading MaterialExported 0.00 300.00 tblGrading MaterialImported 0.00 532.00 tblGrading MaterialImported 0.00 600.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 0.00 CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:13 PMPage 3 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Summer 2.0 Emissions Summary tblOffRoadEquipment UsageHours 1.00 0.00 tblOffRoadEquipment UsageHours 1.00 8.00 CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:13 PMPage 4 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Summer 2.1 Overall Construction (Maximum Daily Emission) ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year lb/day lb/day 2021 1.9394 20.0461 11.4611 0.0415 6.1430 0.8317 6.9747 3.3382 0.7652 4.1034 0.0000 4,063.565 0 4,063.565 0 1.1409 0.0000 4,092.086 6 Maximum 1.9394 20.0461 11.4611 0.0415 6.1430 0.8317 6.9747 3.3382 0.7652 4.1034 0.0000 4,063.565 0 4,063.565 0 1.1409 0.0000 4,092.086 6 Unmitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year lb/day lb/day 2021 1.9394 20.0461 11.4611 0.0415 6.1430 0.8317 6.9747 3.3382 0.7652 4.1034 0.0000 4,063.564 9 4,063.564 9 1.1409 0.0000 4,092.086 6 Maximum 1.9394 20.0461 11.4611 0.0415 6.1430 0.8317 6.9747 3.3382 0.7652 4.1034 0.0000 4,063.564 9 4,063.564 9 1.1409 0.0000 4,092.086 6 Mitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:13 PMPage 5 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Summer 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Area 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Energy 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mobile 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Area 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Energy 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mobile 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Operational CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:13 PMPage 6 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Summer 3.0 Construction Detail Construction Phase Phase Number Phase Name Phase Type Start Date End Date Num Days Week Num Days Phase Description 1 Culvert Repair Grading 1/1/2021 2/25/2021 5 40 2 Trimming and Pruning Grading 1/1/2021 10/13/2021 5 204 3 Sediment Removal Grading 2/26/2021 5/4/2021 5 48 4 Access Road and Ramp Maintenance Grading 5/5/2021 5/28/2021 5 18 5 Erosion Protection Grading 5/29/2021 6/4/2021 5 5 6 Minor Maintenance Activities Grading 6/5/2021 6/18/2021 5 10 7 Mowing Grading 6/19/2021 10/11/2021 5 81 8 Tree Removal Grading 10/14/2021 12/20/2021 5 48 OffRoad Equipment Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Culvert Repair Concrete/Industrial Saws 0 8.00 81 0.73 Culvert Repair Excavators 1 4.00 158 0.38 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Residential Indoor: 0; Residential Outdoor: 0; Non-Residential Indoor: 0; Non-Residential Outdoor: 0; Striped Parking Area: 0 (Architectural Coating ±sqft) Acres of Grading (Site Preparation Phase): 0 Acres of Grading (Grading Phase): 0 Acres of Paving: 0 CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:13 PMPage 7 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Summer Culvert Repair Off-Highway Trucks 1 4.00 402 0.38 Culvert Repair Plate Compactors 1 4.00 8 0.43 Culvert Repair Rubber Tired Dozers 0 0.00 247 0.40 Culvert Repair Tractors/Loaders/Backhoes 0 6.00 97 0.37 Trimming and Pruning Concrete/Industrial Saws 0 8.00 81 0.73 Trimming and Pruning Off-Highway Trucks 1 8.00 402 0.38 Trimming and Pruning Rubber Tired Dozers 0 1.00 247 0.40 Trimming and Pruning Tractors/Loaders/Backhoes 0 6.00 97 0.37 Sediment Removal Concrete/Industrial Saws 0 8.00 81 0.73 Sediment Removal Excavators 1 8.00 158 0.38 Sediment Removal Rubber Tired Dozers 1 8.00 247 0.40 Sediment Removal Tractors/Loaders/Backhoes 0 6.00 97 0.37 Access Road and Ramp Maintenance Concrete/Industrial Saws 0 8.00 81 0.73 Access Road and Ramp Maintenance Graders 1 8.00 187 0.41 Access Road and Ramp Maintenance Off-Highway Trucks 1 8.00 402 0.38 Access Road and Ramp Maintenance Rollers 1 8.00 80 0.38 Access Road and Ramp Maintenance Rubber Tired Dozers 0 1.00 247 0.40 Access Road and Ramp Maintenance Tractors/Loaders/Backhoes 0 6.00 97 0.37 Erosion Protection Concrete/Industrial Saws 0 8.00 81 0.73 Erosion Protection Off-Highway Trucks 2 2.00 402 0.38 Erosion Protection Rubber Tired Dozers 0 1.00 247 0.40 Erosion Protection Tractors/Loaders/Backhoes 0 6.00 97 0.37 Minor Maintenance Activities Concrete/Industrial Saws 0 8.00 81 0.73 Minor Maintenance Activities Off-Highway Trucks 1 8.00 402 0.38 Minor Maintenance Activities Rubber Tired Dozers 0 1.00 247 0.40 Minor Maintenance Activities Tractors/Loaders/Backhoes 0 6.00 97 0.37 Mowing Concrete/Industrial Saws 0 8.00 81 0.73 CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:13 PMPage 8 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Summer 3.1 Mitigation Measures Construction Mowing Off-Highway Tractors 1 8.00 124 0.44 Mowing Rubber Tired Dozers 0 1.00 247 0.40 Mowing Tractors/Loaders/Backhoes 0 6.00 97 0.37 Tree Removal Concrete/Industrial Saws 0 8.00 81 0.73 Tree Removal Off-Highway Trucks 1 8.00 402 0.38 Tree Removal Rubber Tired Dozers 0 1.00 247 0.40 Tree Removal Tractors/Loaders/Backhoes 0 6.00 97 0.37 Trips and VMT Phase Name Offroad Equipment Count Worker Trip Number Vendor Trip Number Hauling Trip Number Worker Trip Length Vendor Trip Length Hauling Trip Length Worker Vehicle Class Vendor Vehicle Class Hauling Vehicle Class Culvert Repair 3 8.00 0.00 67.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Trimming and Pruning 1 3.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Sediment Removal 2 5.00 0.00 75.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Access Road and Ramp Maintenance 3 8.00 0.00 113.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Erosion Protection 2 5.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Minor Maintenance Activities 1 3.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Mowing 1 3.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Tree Removal 1 3.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:13 PMPage 9 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Summer 3.2 Culvert Repair - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 3.0100e- 003 0.0000 3.0100e- 003 4.6000e- 004 0.0000 4.6000e- 004 0.0000 0.0000 Off-Road 0.4376 3.8340 3.5433 9.4300e- 003 0.1536 0.1536 0.1417 0.1417 906.5972 906.5972 0.2894 913.8328 Total 0.4376 3.8340 3.5433 9.4300e- 003 3.0100e- 003 0.1536 0.1566 4.6000e- 004 0.1417 0.1422 906.5972 906.5972 0.2894 913.8328 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0129 0.4401 0.0860 1.3100e- 003 0.0293 1.4100e- 003 0.0307 8.0200e- 003 1.3500e- 003 9.3600e- 003 139.2871 139.2871 5.9100e- 003 139.4348 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0269 0.0155 0.2055 6.5000e- 004 0.0657 4.1000e- 004 0.0661 0.0174 3.8000e- 004 0.0178 64.5150 64.5150 1.4600e- 003 64.5516 Total 0.0397 0.4556 0.2915 1.9600e- 003 0.0950 1.8200e- 003 0.0968 0.0255 1.7300e- 003 0.0272 203.8021 203.8021 7.3700e- 003 203.9864 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:13 PMPage 10 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Summer 3.2 Culvert Repair - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 3.0100e- 003 0.0000 3.0100e- 003 4.6000e- 004 0.0000 4.6000e- 004 0.0000 0.0000 Off-Road 0.4376 3.8340 3.5433 9.4300e- 003 0.1536 0.1536 0.1417 0.1417 0.0000 906.5972 906.5972 0.2894 913.8328 Total 0.4376 3.8340 3.5433 9.4300e- 003 3.0100e- 003 0.1536 0.1566 4.6000e- 004 0.1417 0.1422 0.0000 906.5972 906.5972 0.2894 913.8328 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0129 0.4401 0.0860 1.3100e- 003 0.0293 1.4100e- 003 0.0307 8.0200e- 003 1.3500e- 003 9.3600e- 003 139.2871 139.2871 5.9100e- 003 139.4348 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0269 0.0155 0.2055 6.5000e- 004 0.0657 4.1000e- 004 0.0661 0.0174 3.8000e- 004 0.0178 64.5150 64.5150 1.4600e- 003 64.5516 Total 0.0397 0.4556 0.2915 1.9600e- 003 0.0950 1.8200e- 003 0.0968 0.0255 1.7300e- 003 0.0272 203.8021 203.8021 7.3700e- 003 203.9864 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:13 PMPage 11 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Summer 3.3 Trimming and Pruning - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.6059 5.2634 3.6044 0.0132 0.1931 0.1931 0.1776 0.1776 1,278.523 0 1,278.523 0 0.4135 1,288.860 5 Total 0.6059 5.2634 3.6044 0.0132 0.0000 0.1931 0.1931 0.0000 0.1776 0.1776 1,278.523 0 1,278.523 0 0.4135 1,288.860 5 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0101 5.8100e- 003 0.0771 2.4000e- 004 0.0246 1.5000e- 004 0.0248 6.5400e- 003 1.4000e- 004 6.6800e- 003 24.1931 24.1931 5.5000e- 004 24.2068 Total 0.0101 5.8100e- 003 0.0771 2.4000e- 004 0.0246 1.5000e- 004 0.0248 6.5400e- 003 1.4000e- 004 6.6800e- 003 24.1931 24.1931 5.5000e- 004 24.2068 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:13 PMPage 12 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Summer 3.3 Trimming and Pruning - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.6059 5.2634 3.6044 0.0132 0.1931 0.1931 0.1776 0.1776 0.0000 1,278.523 0 1,278.523 0 0.4135 1,288.860 5 Total 0.6059 5.2634 3.6044 0.0132 0.0000 0.1931 0.1931 0.0000 0.1776 0.1776 0.0000 1,278.523 0 1,278.523 0 0.4135 1,288.860 5 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0101 5.8100e- 003 0.0771 2.4000e- 004 0.0246 1.5000e- 004 0.0248 6.5400e- 003 1.4000e- 004 6.6800e- 003 24.1931 24.1931 5.5000e- 004 24.2068 Total 0.0101 5.8100e- 003 0.0771 2.4000e- 004 0.0246 1.5000e- 004 0.0248 6.5400e- 003 1.4000e- 004 6.6800e- 003 24.1931 24.1931 5.5000e- 004 24.2068 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:13 PMPage 13 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Summer 3.4 Sediment Removal - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 6.0500 0.0000 6.0500 3.3133 0.0000 3.3133 0.0000 0.0000 Off-Road 1.2756 13.1247 7.3096 0.0137 0.6369 0.6369 0.5859 0.5859 1,327.544 2 1,327.544 2 0.4294 1,338.278 0 Total 1.2756 13.1247 7.3096 0.0137 6.0500 0.6369 6.6869 3.3133 0.5859 3.8992 1,327.544 2 1,327.544 2 0.4294 1,338.278 0 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0120 0.4105 0.0802 1.2200e- 003 0.0273 1.3100e- 003 0.0286 7.4800e- 003 1.2600e- 003 8.7300e- 003 129.9320 129.9320 5.5100e- 003 130.0698 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0168 9.6900e- 003 0.1284 4.0000e- 004 0.0411 2.6000e- 004 0.0413 0.0109 2.4000e- 004 0.0111 40.3219 40.3219 9.1000e- 004 40.3447 Total 0.0288 0.4202 0.2086 1.6200e- 003 0.0684 1.5700e- 003 0.0699 0.0184 1.5000e- 003 0.0199 170.2539 170.2539 6.4200e- 003 170.4145 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:13 PMPage 14 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Summer 3.4 Sediment Removal - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 6.0500 0.0000 6.0500 3.3133 0.0000 3.3133 0.0000 0.0000 Off-Road 1.2756 13.1247 7.3096 0.0137 0.6369 0.6369 0.5859 0.5859 0.0000 1,327.544 2 1,327.544 2 0.4294 1,338.278 0 Total 1.2756 13.1247 7.3096 0.0137 6.0500 0.6369 6.6869 3.3133 0.5859 3.8992 0.0000 1,327.544 2 1,327.544 2 0.4294 1,338.278 0 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0120 0.4105 0.0802 1.2200e- 003 0.0273 1.3100e- 003 0.0286 7.4800e- 003 1.2600e- 003 8.7300e- 003 129.9320 129.9320 5.5100e- 003 130.0698 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0168 9.6900e- 003 0.1284 4.0000e- 004 0.0411 2.6000e- 004 0.0413 0.0109 2.4000e- 004 0.0111 40.3219 40.3219 9.1000e- 004 40.3447 Total 0.0288 0.4202 0.2086 1.6200e- 003 0.0684 1.5700e- 003 0.0699 0.0184 1.5000e- 003 0.0199 170.2539 170.2539 6.4200e- 003 170.4145 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:13 PMPage 15 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Summer 3.5 Access Road and Ramp Maintenance - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 0.0940 0.0000 0.0940 0.0104 0.0000 0.0104 0.0000 0.0000 Off-Road 1.2484 13.1122 7.2520 0.0225 0.4984 0.4984 0.4585 0.4585 2,174.296 0 2,174.296 0 0.7032 2,191.876 3 Total 1.2484 13.1122 7.2520 0.0225 0.0940 0.4984 0.5924 0.0104 0.4585 0.4689 2,174.296 0 2,174.296 0 0.7032 2,191.876 3 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0482 1.6493 0.3222 4.9100e- 003 0.1097 5.2700e- 003 0.1149 0.0301 5.0400e- 003 0.0351 522.0379 522.0379 0.0221 522.5915 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0269 0.0155 0.2055 6.5000e- 004 0.0657 4.1000e- 004 0.0661 0.0174 3.8000e- 004 0.0178 64.5150 64.5150 1.4600e- 003 64.5516 Total 0.0751 1.6648 0.5277 5.5600e- 003 0.1754 5.6800e- 003 0.1811 0.0475 5.4200e- 003 0.0529 586.5529 586.5529 0.0236 587.1430 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:13 PMPage 16 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Summer 3.5 Access Road and Ramp Maintenance - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 0.0940 0.0000 0.0940 0.0104 0.0000 0.0104 0.0000 0.0000 Off-Road 1.2484 13.1122 7.2520 0.0225 0.4984 0.4984 0.4585 0.4585 0.0000 2,174.296 0 2,174.296 0 0.7032 2,191.876 3 Total 1.2484 13.1122 7.2520 0.0225 0.0940 0.4984 0.5924 0.0104 0.4585 0.4689 0.0000 2,174.296 0 2,174.296 0 0.7032 2,191.876 3 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0482 1.6493 0.3222 4.9100e- 003 0.1097 5.2700e- 003 0.1149 0.0301 5.0400e- 003 0.0351 522.0379 522.0379 0.0221 522.5915 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0269 0.0155 0.2055 6.5000e- 004 0.0657 4.1000e- 004 0.0661 0.0174 3.8000e- 004 0.0178 64.5150 64.5150 1.4600e- 003 64.5516 Total 0.0751 1.6648 0.5277 5.5600e- 003 0.1754 5.6800e- 003 0.1811 0.0475 5.4200e- 003 0.0529 586.5529 586.5529 0.0236 587.1430 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:13 PMPage 17 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Summer 3.6 Erosion Protection - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.3030 2.6317 1.8022 6.6000e- 003 0.0965 0.0965 0.0888 0.0888 639.2615 639.2615 0.2068 644.4303 Total 0.3030 2.6317 1.8022 6.6000e- 003 0.0000 0.0965 0.0965 0.0000 0.0888 0.0888 639.2615 639.2615 0.2068 644.4303 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0168 9.6900e- 003 0.1284 4.0000e- 004 0.0411 2.6000e- 004 0.0413 0.0109 2.4000e- 004 0.0111 40.3219 40.3219 9.1000e- 004 40.3447 Total 0.0168 9.6900e- 003 0.1284 4.0000e- 004 0.0411 2.6000e- 004 0.0413 0.0109 2.4000e- 004 0.0111 40.3219 40.3219 9.1000e- 004 40.3447 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:13 PMPage 18 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Summer 3.6 Erosion Protection - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.3030 2.6317 1.8022 6.6000e- 003 0.0965 0.0965 0.0888 0.0888 0.0000 639.2615 639.2615 0.2068 644.4303 Total 0.3030 2.6317 1.8022 6.6000e- 003 0.0000 0.0965 0.0965 0.0000 0.0888 0.0888 0.0000 639.2615 639.2615 0.2068 644.4303 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0168 9.6900e- 003 0.1284 4.0000e- 004 0.0411 2.6000e- 004 0.0413 0.0109 2.4000e- 004 0.0111 40.3219 40.3219 9.1000e- 004 40.3447 Total 0.0168 9.6900e- 003 0.1284 4.0000e- 004 0.0411 2.6000e- 004 0.0413 0.0109 2.4000e- 004 0.0111 40.3219 40.3219 9.1000e- 004 40.3447 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:13 PMPage 19 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Summer 3.7 Minor Maintenance Activities - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.6059 5.2634 3.6044 0.0132 0.1931 0.1931 0.1776 0.1776 1,278.523 0 1,278.523 0 0.4135 1,288.860 5 Total 0.6059 5.2634 3.6044 0.0132 0.0000 0.1931 0.1931 0.0000 0.1776 0.1776 1,278.523 0 1,278.523 0 0.4135 1,288.860 5 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0101 5.8100e- 003 0.0771 2.4000e- 004 0.0246 1.5000e- 004 0.0248 6.5400e- 003 1.4000e- 004 6.6800e- 003 24.1931 24.1931 5.5000e- 004 24.2068 Total 0.0101 5.8100e- 003 0.0771 2.4000e- 004 0.0246 1.5000e- 004 0.0248 6.5400e- 003 1.4000e- 004 6.6800e- 003 24.1931 24.1931 5.5000e- 004 24.2068 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:13 PMPage 20 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Summer 3.7 Minor Maintenance Activities - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.6059 5.2634 3.6044 0.0132 0.1931 0.1931 0.1776 0.1776 0.0000 1,278.523 0 1,278.523 0 0.4135 1,288.860 5 Total 0.6059 5.2634 3.6044 0.0132 0.0000 0.1931 0.1931 0.0000 0.1776 0.1776 0.0000 1,278.523 0 1,278.523 0 0.4135 1,288.860 5 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0101 5.8100e- 003 0.0771 2.4000e- 004 0.0246 1.5000e- 004 0.0248 6.5400e- 003 1.4000e- 004 6.6800e- 003 24.1931 24.1931 5.5000e- 004 24.2068 Total 0.0101 5.8100e- 003 0.0771 2.4000e- 004 0.0246 1.5000e- 004 0.0248 6.5400e- 003 1.4000e- 004 6.6800e- 003 24.1931 24.1931 5.5000e- 004 24.2068 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:13 PMPage 21 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Summer 3.8 Mowing - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.2490 2.5593 3.0981 4.7000e- 003 0.1237 0.1237 0.1138 0.1138 455.0819 455.0819 0.1472 458.7615 Total 0.2490 2.5593 3.0981 4.7000e- 003 0.0000 0.1237 0.1237 0.0000 0.1138 0.1138 455.0819 455.0819 0.1472 458.7615 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0101 5.8100e- 003 0.0771 2.4000e- 004 0.0246 1.5000e- 004 0.0248 6.5400e- 003 1.4000e- 004 6.6800e- 003 24.1931 24.1931 5.5000e- 004 24.2068 Total 0.0101 5.8100e- 003 0.0771 2.4000e- 004 0.0246 1.5000e- 004 0.0248 6.5400e- 003 1.4000e- 004 6.6800e- 003 24.1931 24.1931 5.5000e- 004 24.2068 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:13 PMPage 22 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Summer 3.8 Mowing - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.2490 2.5593 3.0981 4.7000e- 003 0.1237 0.1237 0.1138 0.1138 0.0000 455.0819 455.0819 0.1472 458.7615 Total 0.2490 2.5593 3.0981 4.7000e- 003 0.0000 0.1237 0.1237 0.0000 0.1138 0.1138 0.0000 455.0819 455.0819 0.1472 458.7615 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0101 5.8100e- 003 0.0771 2.4000e- 004 0.0246 1.5000e- 004 0.0248 6.5400e- 003 1.4000e- 004 6.6800e- 003 24.1931 24.1931 5.5000e- 004 24.2068 Total 0.0101 5.8100e- 003 0.0771 2.4000e- 004 0.0246 1.5000e- 004 0.0248 6.5400e- 003 1.4000e- 004 6.6800e- 003 24.1931 24.1931 5.5000e- 004 24.2068 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:13 PMPage 23 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Summer 3.9 Tree Removal - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.6059 5.2634 3.6044 0.0132 0.1931 0.1931 0.1776 0.1776 1,278.523 0 1,278.523 0 0.4135 1,288.860 5 Total 0.6059 5.2634 3.6044 0.0132 0.0000 0.1931 0.1931 0.0000 0.1776 0.1776 1,278.523 0 1,278.523 0 0.4135 1,288.860 5 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0101 5.8100e- 003 0.0771 2.4000e- 004 0.0246 1.5000e- 004 0.0248 6.5400e- 003 1.4000e- 004 6.6800e- 003 24.1931 24.1931 5.5000e- 004 24.2068 Total 0.0101 5.8100e- 003 0.0771 2.4000e- 004 0.0246 1.5000e- 004 0.0248 6.5400e- 003 1.4000e- 004 6.6800e- 003 24.1931 24.1931 5.5000e- 004 24.2068 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:13 PMPage 24 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Summer 4.0 Operational Detail - Mobile 3.9 Tree Removal - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.6059 5.2634 3.6044 0.0132 0.1931 0.1931 0.1776 0.1776 0.0000 1,278.523 0 1,278.523 0 0.4135 1,288.860 5 Total 0.6059 5.2634 3.6044 0.0132 0.0000 0.1931 0.1931 0.0000 0.1776 0.1776 0.0000 1,278.523 0 1,278.523 0 0.4135 1,288.860 5 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0101 5.8100e- 003 0.0771 2.4000e- 004 0.0246 1.5000e- 004 0.0248 6.5400e- 003 1.4000e- 004 6.6800e- 003 24.1931 24.1931 5.5000e- 004 24.2068 Total 0.0101 5.8100e- 003 0.0771 2.4000e- 004 0.0246 1.5000e- 004 0.0248 6.5400e- 003 1.4000e- 004 6.6800e- 003 24.1931 24.1931 5.5000e- 004 24.2068 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:13 PMPage 25 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Summer ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 4.1 Mitigation Measures Mobile 4.2 Trip Summary Information 4.3 Trip Type Information Average Daily Trip Rate Unmitigated Mitigated Land Use Weekday Saturday Sunday Annual VMT Annual VMT City Park 0.00 0.00 0.00 Total 0.00 0.00 0.00 Miles Trip %Trip Purpose % Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C-W H-S or C-C H-O or C-NW Primary Diverted Pass-by City Park 9.50 7.30 7.30 33.00 48.00 19.00 66 28 6 4.4 Fleet Mix Land Use LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH City Park 0.586711 0.038259 0.185486 0.120728 0.016377 0.005053 0.010699 0.024311 0.001622 0.001773 0.005406 0.002738 0.000835 CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:13 PMPage 26 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Summer 5.0 Energy Detail ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day NaturalGas Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 NaturalGas Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 5.1 Mitigation Measures Energy Historical Energy Use: N CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:13 PMPage 27 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Summer 6.1 Mitigation Measures Area 6.0 Area Detail 5.2 Energy by Land Use - NaturalGas NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr lb/day lb/day City Park 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr lb/day lb/day City Park 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:13 PMPage 28 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Summer ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory lb/day lb/day Architectural Coating 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:13 PMPage 29 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Summer 8.1 Mitigation Measures Waste 7.1 Mitigation Measures Water 7.0 Water Detail 8.0 Waste Detail 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory lb/day lb/day Architectural Coating 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated 9.0 Operational Offroad Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type 10.0 Stationary Equipment Fire Pumps and Emergency Generators CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:13 PMPage 30 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Summer 11.0 Vegetation Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment Equipment Type Number CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:13 PMPage 31 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Summer 1.1 Land Usage Land Uses Size Metric Lot Acreage Floor Surface Area Population City Park 0.00 Acre 0.00 0.00 0 1.2 Other Project Characteristics Urbanization Climate Zone Urban 4 Wind Speed (m/s)Precipitation Freq (Days)2.2 58 1.3 User Entered Comments & Non-Default Data 1.0 Project Characteristics Utility Company Pacific Gas & Electric Company 2022Operational Year CO2 Intensity (lb/MWhr) 641.35 0.029CH4 Intensity (lb/MWhr) 0.006N2O Intensity (lb/MWhr) Contra Costa County Routine Maintenance Program Contra Costa County, Winter CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:28 PMPage 1 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Winter Project Characteristics - Land Use - Construction Phase - Activities based on 11/19/19 Data Request Response Off-road Equipment - Off-Highway Truck = Water Truck Off-road Equipment - Off-highway Truck = Water Truck. Dump trucks covered under hauling trips. Off-road Equipment - Off-Highway Trucks = Pickups Off-road Equipment - Off-Highway Truck = pickup Off-road Equipment - Tractor = Mower Off-road Equipment - Dumptrucks reflected in hauling trips Off-road Equipment - Off-highway Truck = Forestry Stake Bed Truck Off-road Equipment - Off-highway Truck = pickup truck Trips and VMT - Grading - Values from Nov. 19 data request Fleet Mix - Table Name Column Name Default Value New Value tblConstructionPhase NumDays 0.00 40.00 tblConstructionPhase NumDays 0.00 204.00 tblConstructionPhase NumDays 0.00 48.00 tblConstructionPhase NumDays 0.00 18.00 tblConstructionPhase NumDays 0.00 5.00 tblConstructionPhase NumDays 0.00 10.00 tblConstructionPhase NumDays 0.00 81.00 tblConstructionPhase NumDays 0.00 48.00 tblGrading AcresOfGrading 0.00 1.20 tblGrading AcresOfGrading 9.00 1.50 tblGrading MaterialExported 0.00 532.00 CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:28 PMPage 2 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Winter tblGrading MaterialExported 0.00 600.00 tblGrading MaterialExported 0.00 300.00 tblGrading MaterialImported 0.00 532.00 tblGrading MaterialImported 0.00 600.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 1.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 0.00 tblOffRoadEquipment OffRoadEquipmentUnitAmount 2.00 0.00 CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:28 PMPage 3 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Winter 2.0 Emissions Summary tblOffRoadEquipment UsageHours 1.00 0.00 tblOffRoadEquipment UsageHours 1.00 8.00 CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:28 PMPage 4 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Winter 2.1 Overall Construction (Maximum Daily Emission) ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year lb/day lb/day 2021 1.9413 20.0878 11.4624 0.0413 6.1430 0.8317 6.9747 3.3382 0.7652 4.1034 0.0000 4,046.237 6 4,046.237 6 1.1420 0.0000 4,074.788 9 Maximum 1.9413 20.0878 11.4624 0.0413 6.1430 0.8317 6.9747 3.3382 0.7652 4.1034 0.0000 4,046.237 6 4,046.237 6 1.1420 0.0000 4,074.788 9 Unmitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Year lb/day lb/day 2021 1.9413 20.0878 11.4624 0.0413 6.1430 0.8317 6.9747 3.3382 0.7652 4.1034 0.0000 4,046.237 6 4,046.237 6 1.1420 0.0000 4,074.788 9 Maximum 1.9413 20.0878 11.4624 0.0413 6.1430 0.8317 6.9747 3.3382 0.7652 4.1034 0.0000 4,046.237 6 4,046.237 6 1.1420 0.0000 4,074.788 9 Mitigated Construction ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:28 PMPage 5 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Winter 2.2 Overall Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Area 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Energy 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mobile 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated Operational ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Area 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Energy 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mobile 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated Operational CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:28 PMPage 6 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Winter 3.0 Construction Detail Construction Phase Phase Number Phase Name Phase Type Start Date End Date Num Days Week Num Days Phase Description 1 Culvert Repair Grading 1/1/2021 2/25/2021 5 40 2 Trimming and Pruning Grading 1/1/2021 10/13/2021 5 204 3 Sediment Removal Grading 2/26/2021 5/4/2021 5 48 4 Access Road and Ramp Maintenance Grading 5/5/2021 5/28/2021 5 18 5 Erosion Protection Grading 5/29/2021 6/4/2021 5 5 6 Minor Maintenance Activities Grading 6/5/2021 6/18/2021 5 10 7 Mowing Grading 6/19/2021 10/11/2021 5 81 8 Tree Removal Grading 10/14/2021 12/20/2021 5 48 OffRoad Equipment Phase Name Offroad Equipment Type Amount Usage Hours Horse Power Load Factor Culvert Repair Concrete/Industrial Saws 0 8.00 81 0.73 Culvert Repair Excavators 1 4.00 158 0.38 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e Percent Reduction 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Residential Indoor: 0; Residential Outdoor: 0; Non-Residential Indoor: 0; Non-Residential Outdoor: 0; Striped Parking Area: 0 (Architectural Coating ±sqft) Acres of Grading (Site Preparation Phase): 0 Acres of Grading (Grading Phase): 0 Acres of Paving: 0 CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:28 PMPage 7 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Winter Culvert Repair Off-Highway Trucks 1 4.00 402 0.38 Culvert Repair Plate Compactors 1 4.00 8 0.43 Culvert Repair Rubber Tired Dozers 0 0.00 247 0.40 Culvert Repair Tractors/Loaders/Backhoes 0 6.00 97 0.37 Trimming and Pruning Concrete/Industrial Saws 0 8.00 81 0.73 Trimming and Pruning Off-Highway Trucks 1 8.00 402 0.38 Trimming and Pruning Rubber Tired Dozers 0 1.00 247 0.40 Trimming and Pruning Tractors/Loaders/Backhoes 0 6.00 97 0.37 Sediment Removal Concrete/Industrial Saws 0 8.00 81 0.73 Sediment Removal Excavators 1 8.00 158 0.38 Sediment Removal Rubber Tired Dozers 1 8.00 247 0.40 Sediment Removal Tractors/Loaders/Backhoes 0 6.00 97 0.37 Access Road and Ramp Maintenance Concrete/Industrial Saws 0 8.00 81 0.73 Access Road and Ramp Maintenance Graders 1 8.00 187 0.41 Access Road and Ramp Maintenance Off-Highway Trucks 1 8.00 402 0.38 Access Road and Ramp Maintenance Rollers 1 8.00 80 0.38 Access Road and Ramp Maintenance Rubber Tired Dozers 0 1.00 247 0.40 Access Road and Ramp Maintenance Tractors/Loaders/Backhoes 0 6.00 97 0.37 Erosion Protection Concrete/Industrial Saws 0 8.00 81 0.73 Erosion Protection Off-Highway Trucks 2 2.00 402 0.38 Erosion Protection Rubber Tired Dozers 0 1.00 247 0.40 Erosion Protection Tractors/Loaders/Backhoes 0 6.00 97 0.37 Minor Maintenance Activities Concrete/Industrial Saws 0 8.00 81 0.73 Minor Maintenance Activities Off-Highway Trucks 1 8.00 402 0.38 Minor Maintenance Activities Rubber Tired Dozers 0 1.00 247 0.40 Minor Maintenance Activities Tractors/Loaders/Backhoes 0 6.00 97 0.37 Mowing Concrete/Industrial Saws 0 8.00 81 0.73 CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:28 PMPage 8 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Winter 3.1 Mitigation Measures Construction Mowing Off-Highway Tractors 1 8.00 124 0.44 Mowing Rubber Tired Dozers 0 1.00 247 0.40 Mowing Tractors/Loaders/Backhoes 0 6.00 97 0.37 Tree Removal Concrete/Industrial Saws 0 8.00 81 0.73 Tree Removal Off-Highway Trucks 1 8.00 402 0.38 Tree Removal Rubber Tired Dozers 0 1.00 247 0.40 Tree Removal Tractors/Loaders/Backhoes 0 6.00 97 0.37 Trips and VMT Phase Name Offroad Equipment Count Worker Trip Number Vendor Trip Number Hauling Trip Number Worker Trip Length Vendor Trip Length Hauling Trip Length Worker Vehicle Class Vendor Vehicle Class Hauling Vehicle Class Culvert Repair 3 8.00 0.00 67.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Trimming and Pruning 1 3.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Sediment Removal 2 5.00 0.00 75.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Access Road and Ramp Maintenance 3 8.00 0.00 113.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Erosion Protection 2 5.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Minor Maintenance Activities 1 3.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Mowing 1 3.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT Tree Removal 1 3.00 0.00 0.00 10.80 7.30 20.00 LD_Mix HDT_Mix HHDT CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:28 PMPage 9 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Winter 3.2 Culvert Repair - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 3.0100e- 003 0.0000 3.0100e- 003 4.6000e- 004 0.0000 4.6000e- 004 0.0000 0.0000 Off-Road 0.4376 3.8340 3.5433 9.4300e- 003 0.1536 0.1536 0.1417 0.1417 906.5972 906.5972 0.2894 913.8328 Total 0.4376 3.8340 3.5433 9.4300e- 003 3.0100e- 003 0.1536 0.1566 4.6000e- 004 0.1417 0.1422 906.5972 906.5972 0.2894 913.8328 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0132 0.4498 0.0929 1.2900e- 003 0.0293 1.4300e- 003 0.0307 8.0200e- 003 1.3700e- 003 9.3900e- 003 136.8881 136.8881 6.2700e- 003 137.0448 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0272 0.0191 0.1876 5.9000e- 004 0.0657 4.1000e- 004 0.0661 0.0174 3.8000e- 004 0.0178 58.4524 58.4524 1.3400e- 003 58.4860 Total 0.0405 0.4690 0.2805 1.8800e- 003 0.0950 1.8400e- 003 0.0968 0.0255 1.7500e- 003 0.0272 195.3405 195.3405 7.6100e- 003 195.5308 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:28 PMPage 10 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Winter 3.2 Culvert Repair - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 3.0100e- 003 0.0000 3.0100e- 003 4.6000e- 004 0.0000 4.6000e- 004 0.0000 0.0000 Off-Road 0.4376 3.8340 3.5433 9.4300e- 003 0.1536 0.1536 0.1417 0.1417 0.0000 906.5972 906.5972 0.2894 913.8328 Total 0.4376 3.8340 3.5433 9.4300e- 003 3.0100e- 003 0.1536 0.1566 4.6000e- 004 0.1417 0.1422 0.0000 906.5972 906.5972 0.2894 913.8328 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0132 0.4498 0.0929 1.2900e- 003 0.0293 1.4300e- 003 0.0307 8.0200e- 003 1.3700e- 003 9.3900e- 003 136.8881 136.8881 6.2700e- 003 137.0448 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0272 0.0191 0.1876 5.9000e- 004 0.0657 4.1000e- 004 0.0661 0.0174 3.8000e- 004 0.0178 58.4524 58.4524 1.3400e- 003 58.4860 Total 0.0405 0.4690 0.2805 1.8800e- 003 0.0950 1.8400e- 003 0.0968 0.0255 1.7500e- 003 0.0272 195.3405 195.3405 7.6100e- 003 195.5308 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:28 PMPage 11 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Winter 3.3 Trimming and Pruning - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.6059 5.2634 3.6044 0.0132 0.1931 0.1931 0.1776 0.1776 1,278.523 0 1,278.523 0 0.4135 1,288.860 5 Total 0.6059 5.2634 3.6044 0.0132 0.0000 0.1931 0.1931 0.0000 0.1776 0.1776 1,278.523 0 1,278.523 0 0.4135 1,288.860 5 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0102 7.1700e- 003 0.0703 2.2000e- 004 0.0246 1.5000e- 004 0.0248 6.5400e- 003 1.4000e- 004 6.6800e- 003 21.9197 21.9197 5.0000e- 004 21.9322 Total 0.0102 7.1700e- 003 0.0703 2.2000e- 004 0.0246 1.5000e- 004 0.0248 6.5400e- 003 1.4000e- 004 6.6800e- 003 21.9197 21.9197 5.0000e- 004 21.9322 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:28 PMPage 12 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Winter 3.3 Trimming and Pruning - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.6059 5.2634 3.6044 0.0132 0.1931 0.1931 0.1776 0.1776 0.0000 1,278.523 0 1,278.523 0 0.4135 1,288.860 5 Total 0.6059 5.2634 3.6044 0.0132 0.0000 0.1931 0.1931 0.0000 0.1776 0.1776 0.0000 1,278.523 0 1,278.523 0 0.4135 1,288.860 5 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0102 7.1700e- 003 0.0703 2.2000e- 004 0.0246 1.5000e- 004 0.0248 6.5400e- 003 1.4000e- 004 6.6800e- 003 21.9197 21.9197 5.0000e- 004 21.9322 Total 0.0102 7.1700e- 003 0.0703 2.2000e- 004 0.0246 1.5000e- 004 0.0248 6.5400e- 003 1.4000e- 004 6.6800e- 003 21.9197 21.9197 5.0000e- 004 21.9322 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:28 PMPage 13 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Winter 3.4 Sediment Removal - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 6.0500 0.0000 6.0500 3.3133 0.0000 3.3133 0.0000 0.0000 Off-Road 1.2756 13.1247 7.3096 0.0137 0.6369 0.6369 0.5859 0.5859 1,327.544 2 1,327.544 2 0.4294 1,338.278 0 Total 1.2756 13.1247 7.3096 0.0137 6.0500 0.6369 6.6869 3.3133 0.5859 3.8992 1,327.544 2 1,327.544 2 0.4294 1,338.278 0 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0123 0.4196 0.0867 1.2000e- 003 0.0273 1.3400e- 003 0.0286 7.4800e- 003 1.2800e- 003 8.7600e- 003 127.6941 127.6941 5.8500e- 003 127.8403 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0170 0.0120 0.1172 3.7000e- 004 0.0411 2.6000e- 004 0.0413 0.0109 2.4000e- 004 0.0111 36.5328 36.5328 8.4000e- 004 36.5537 Total 0.0294 0.4316 0.2039 1.5700e- 003 0.0684 1.6000e- 003 0.0700 0.0184 1.5200e- 003 0.0199 164.2269 164.2269 6.6900e- 003 164.3940 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:28 PMPage 14 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Winter 3.4 Sediment Removal - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 6.0500 0.0000 6.0500 3.3133 0.0000 3.3133 0.0000 0.0000 Off-Road 1.2756 13.1247 7.3096 0.0137 0.6369 0.6369 0.5859 0.5859 0.0000 1,327.544 2 1,327.544 2 0.4294 1,338.278 0 Total 1.2756 13.1247 7.3096 0.0137 6.0500 0.6369 6.6869 3.3133 0.5859 3.8992 0.0000 1,327.544 2 1,327.544 2 0.4294 1,338.278 0 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0123 0.4196 0.0867 1.2000e- 003 0.0273 1.3400e- 003 0.0286 7.4800e- 003 1.2800e- 003 8.7600e- 003 127.6941 127.6941 5.8500e- 003 127.8403 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0170 0.0120 0.1172 3.7000e- 004 0.0411 2.6000e- 004 0.0413 0.0109 2.4000e- 004 0.0111 36.5328 36.5328 8.4000e- 004 36.5537 Total 0.0294 0.4316 0.2039 1.5700e- 003 0.0684 1.6000e- 003 0.0700 0.0184 1.5200e- 003 0.0199 164.2269 164.2269 6.6900e- 003 164.3940 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:28 PMPage 15 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Winter 3.5 Access Road and Ramp Maintenance - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 0.0940 0.0000 0.0940 0.0104 0.0000 0.0104 0.0000 0.0000 Off-Road 1.2484 13.1122 7.2520 0.0225 0.4984 0.4984 0.4585 0.4585 2,174.296 0 2,174.296 0 0.7032 2,191.876 3 Total 1.2484 13.1122 7.2520 0.0225 0.0940 0.4984 0.5924 0.0104 0.4585 0.4689 2,174.296 0 2,174.296 0 0.7032 2,191.876 3 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0496 1.6859 0.3482 4.8200e- 003 0.1097 5.3600e- 003 0.1150 0.0301 5.1300e- 003 0.0352 513.0465 513.0465 0.0235 513.6339 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0272 0.0191 0.1876 5.9000e- 004 0.0657 4.1000e- 004 0.0661 0.0174 3.8000e- 004 0.0178 58.4524 58.4524 1.3400e- 003 58.4860 Total 0.0768 1.7051 0.5358 5.4100e- 003 0.1754 5.7700e- 003 0.1812 0.0475 5.5100e- 003 0.0530 571.4990 571.4990 0.0248 572.1199 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:28 PMPage 16 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Winter 3.5 Access Road and Ramp Maintenance - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 0.0940 0.0000 0.0940 0.0104 0.0000 0.0104 0.0000 0.0000 Off-Road 1.2484 13.1122 7.2520 0.0225 0.4984 0.4984 0.4585 0.4585 0.0000 2,174.296 0 2,174.296 0 0.7032 2,191.876 3 Total 1.2484 13.1122 7.2520 0.0225 0.0940 0.4984 0.5924 0.0104 0.4585 0.4689 0.0000 2,174.296 0 2,174.296 0 0.7032 2,191.876 3 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0496 1.6859 0.3482 4.8200e- 003 0.1097 5.3600e- 003 0.1150 0.0301 5.1300e- 003 0.0352 513.0465 513.0465 0.0235 513.6339 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0272 0.0191 0.1876 5.9000e- 004 0.0657 4.1000e- 004 0.0661 0.0174 3.8000e- 004 0.0178 58.4524 58.4524 1.3400e- 003 58.4860 Total 0.0768 1.7051 0.5358 5.4100e- 003 0.1754 5.7700e- 003 0.1812 0.0475 5.5100e- 003 0.0530 571.4990 571.4990 0.0248 572.1199 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:28 PMPage 17 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Winter 3.6 Erosion Protection - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.3030 2.6317 1.8022 6.6000e- 003 0.0965 0.0965 0.0888 0.0888 639.2615 639.2615 0.2068 644.4303 Total 0.3030 2.6317 1.8022 6.6000e- 003 0.0000 0.0965 0.0965 0.0000 0.0888 0.0888 639.2615 639.2615 0.2068 644.4303 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0170 0.0120 0.1172 3.7000e- 004 0.0411 2.6000e- 004 0.0413 0.0109 2.4000e- 004 0.0111 36.5328 36.5328 8.4000e- 004 36.5537 Total 0.0170 0.0120 0.1172 3.7000e- 004 0.0411 2.6000e- 004 0.0413 0.0109 2.4000e- 004 0.0111 36.5328 36.5328 8.4000e- 004 36.5537 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:28 PMPage 18 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Winter 3.6 Erosion Protection - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.3030 2.6317 1.8022 6.6000e- 003 0.0965 0.0965 0.0888 0.0888 0.0000 639.2615 639.2615 0.2068 644.4303 Total 0.3030 2.6317 1.8022 6.6000e- 003 0.0000 0.0965 0.0965 0.0000 0.0888 0.0888 0.0000 639.2615 639.2615 0.2068 644.4303 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0170 0.0120 0.1172 3.7000e- 004 0.0411 2.6000e- 004 0.0413 0.0109 2.4000e- 004 0.0111 36.5328 36.5328 8.4000e- 004 36.5537 Total 0.0170 0.0120 0.1172 3.7000e- 004 0.0411 2.6000e- 004 0.0413 0.0109 2.4000e- 004 0.0111 36.5328 36.5328 8.4000e- 004 36.5537 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:28 PMPage 19 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Winter 3.7 Minor Maintenance Activities - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.6059 5.2634 3.6044 0.0132 0.1931 0.1931 0.1776 0.1776 1,278.523 0 1,278.523 0 0.4135 1,288.860 5 Total 0.6059 5.2634 3.6044 0.0132 0.0000 0.1931 0.1931 0.0000 0.1776 0.1776 1,278.523 0 1,278.523 0 0.4135 1,288.860 5 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0102 7.1700e- 003 0.0703 2.2000e- 004 0.0246 1.5000e- 004 0.0248 6.5400e- 003 1.4000e- 004 6.6800e- 003 21.9197 21.9197 5.0000e- 004 21.9322 Total 0.0102 7.1700e- 003 0.0703 2.2000e- 004 0.0246 1.5000e- 004 0.0248 6.5400e- 003 1.4000e- 004 6.6800e- 003 21.9197 21.9197 5.0000e- 004 21.9322 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:28 PMPage 20 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Winter 3.7 Minor Maintenance Activities - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.6059 5.2634 3.6044 0.0132 0.1931 0.1931 0.1776 0.1776 0.0000 1,278.523 0 1,278.523 0 0.4135 1,288.860 5 Total 0.6059 5.2634 3.6044 0.0132 0.0000 0.1931 0.1931 0.0000 0.1776 0.1776 0.0000 1,278.523 0 1,278.523 0 0.4135 1,288.860 5 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0102 7.1700e- 003 0.0703 2.2000e- 004 0.0246 1.5000e- 004 0.0248 6.5400e- 003 1.4000e- 004 6.6800e- 003 21.9197 21.9197 5.0000e- 004 21.9322 Total 0.0102 7.1700e- 003 0.0703 2.2000e- 004 0.0246 1.5000e- 004 0.0248 6.5400e- 003 1.4000e- 004 6.6800e- 003 21.9197 21.9197 5.0000e- 004 21.9322 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:28 PMPage 21 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Winter 3.8 Mowing - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.2490 2.5593 3.0981 4.7000e- 003 0.1237 0.1237 0.1138 0.1138 455.0819 455.0819 0.1472 458.7615 Total 0.2490 2.5593 3.0981 4.7000e- 003 0.0000 0.1237 0.1237 0.0000 0.1138 0.1138 455.0819 455.0819 0.1472 458.7615 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0102 7.1700e- 003 0.0703 2.2000e- 004 0.0246 1.5000e- 004 0.0248 6.5400e- 003 1.4000e- 004 6.6800e- 003 21.9197 21.9197 5.0000e- 004 21.9322 Total 0.0102 7.1700e- 003 0.0703 2.2000e- 004 0.0246 1.5000e- 004 0.0248 6.5400e- 003 1.4000e- 004 6.6800e- 003 21.9197 21.9197 5.0000e- 004 21.9322 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:28 PMPage 22 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Winter 3.8 Mowing - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.2490 2.5593 3.0981 4.7000e- 003 0.1237 0.1237 0.1138 0.1138 0.0000 455.0819 455.0819 0.1472 458.7615 Total 0.2490 2.5593 3.0981 4.7000e- 003 0.0000 0.1237 0.1237 0.0000 0.1138 0.1138 0.0000 455.0819 455.0819 0.1472 458.7615 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0102 7.1700e- 003 0.0703 2.2000e- 004 0.0246 1.5000e- 004 0.0248 6.5400e- 003 1.4000e- 004 6.6800e- 003 21.9197 21.9197 5.0000e- 004 21.9322 Total 0.0102 7.1700e- 003 0.0703 2.2000e- 004 0.0246 1.5000e- 004 0.0248 6.5400e- 003 1.4000e- 004 6.6800e- 003 21.9197 21.9197 5.0000e- 004 21.9322 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:28 PMPage 23 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Winter 3.9 Tree Removal - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.6059 5.2634 3.6044 0.0132 0.1931 0.1931 0.1776 0.1776 1,278.523 0 1,278.523 0 0.4135 1,288.860 5 Total 0.6059 5.2634 3.6044 0.0132 0.0000 0.1931 0.1931 0.0000 0.1776 0.1776 1,278.523 0 1,278.523 0 0.4135 1,288.860 5 Unmitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0102 7.1700e- 003 0.0703 2.2000e- 004 0.0246 1.5000e- 004 0.0248 6.5400e- 003 1.4000e- 004 6.6800e- 003 21.9197 21.9197 5.0000e- 004 21.9322 Total 0.0102 7.1700e- 003 0.0703 2.2000e- 004 0.0246 1.5000e- 004 0.0248 6.5400e- 003 1.4000e- 004 6.6800e- 003 21.9197 21.9197 5.0000e- 004 21.9322 Unmitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:28 PMPage 24 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Winter 4.0 Operational Detail - Mobile 3.9 Tree Removal - 2021 ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Fugitive Dust 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Off-Road 0.6059 5.2634 3.6044 0.0132 0.1931 0.1931 0.1776 0.1776 0.0000 1,278.523 0 1,278.523 0 0.4135 1,288.860 5 Total 0.6059 5.2634 3.6044 0.0132 0.0000 0.1931 0.1931 0.0000 0.1776 0.1776 0.0000 1,278.523 0 1,278.523 0 0.4135 1,288.860 5 Mitigated Construction On-Site ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Hauling 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Vendor 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Worker 0.0102 7.1700e- 003 0.0703 2.2000e- 004 0.0246 1.5000e- 004 0.0248 6.5400e- 003 1.4000e- 004 6.6800e- 003 21.9197 21.9197 5.0000e- 004 21.9322 Total 0.0102 7.1700e- 003 0.0703 2.2000e- 004 0.0246 1.5000e- 004 0.0248 6.5400e- 003 1.4000e- 004 6.6800e- 003 21.9197 21.9197 5.0000e- 004 21.9322 Mitigated Construction Off-Site CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:28 PMPage 25 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Winter ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 4.1 Mitigation Measures Mobile 4.2 Trip Summary Information 4.3 Trip Type Information Average Daily Trip Rate Unmitigated Mitigated Land Use Weekday Saturday Sunday Annual VMT Annual VMT City Park 0.00 0.00 0.00 Total 0.00 0.00 0.00 Miles Trip %Trip Purpose % Land Use H-W or C-W H-S or C-C H-O or C-NW H-W or C-W H-S or C-C H-O or C-NW Primary Diverted Pass-by City Park 9.50 7.30 7.30 33.00 48.00 19.00 66 28 6 4.4 Fleet Mix Land Use LDA LDT1 LDT2 MDV LHD1 LHD2 MHD HHD OBUS UBUS MCY SBUS MH City Park 0.586711 0.038259 0.185486 0.120728 0.016377 0.005053 0.010699 0.024311 0.001622 0.001773 0.005406 0.002738 0.000835 CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:28 PMPage 26 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Winter 5.0 Energy Detail ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day NaturalGas Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 NaturalGas Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 5.1 Mitigation Measures Energy Historical Energy Use: N CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:28 PMPage 27 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Winter 6.1 Mitigation Measures Area 6.0 Area Detail 5.2 Energy by Land Use - NaturalGas NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr lb/day lb/day City Park 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated NaturalGa s Use ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Land Use kBTU/yr lb/day lb/day City Park 0 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:28 PMPage 28 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Winter ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e Category lb/day lb/day Mitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory lb/day lb/day Architectural Coating 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Unmitigated CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:28 PMPage 29 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Winter 8.1 Mitigation Measures Waste 7.1 Mitigation Measures Water 7.0 Water Detail 8.0 Waste Detail 6.2 Area by SubCategory ROG NOx CO SO2 Fugitive PM10 Exhaust PM10 PM10 Total Fugitive PM2.5 Exhaust PM2.5 PM2.5 Total Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e SubCategory lb/day lb/day Architectural Coating 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Consumer Products 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Landscaping 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Total 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 0.0000 Mitigated 9.0 Operational Offroad Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type 10.0 Stationary Equipment Fire Pumps and Emergency Generators CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:28 PMPage 30 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Winter 11.0 Vegetation Equipment Type Number Hours/Day Hours/Year Horse Power Load Factor Fuel Type Boilers Equipment Type Number Heat Input/Day Heat Input/Year Boiler Rating Fuel Type User Defined Equipment Equipment Type Number CalEEMod Version: CalEEMod.2016.3.2 Date: 12/4/2019 2:28 PMPage 31 of 31 Contra Costa County Routine Maintenance Program - Contra Costa County, Winter Contra Costa County Routine Maintenance Program Initial Study/ Mitigated Negative Declaration October 2020 Appendix F Noise Modeling Noise Calculations for CCC RMP Daytime calculations Construction Equipment 1 (Multiple)85 dBA at 50 feet Construction Equipment 2 (Multiple)85 dBA at 50 feet Combined Daytime Noise at 50 feet (Ltotal at 50 feet)88.0 dBA Ltotal=10 log(10^L1/10+10^L2/10) Noise Threshold Threshold Level - Leq (dBA) Distance to Leq Threshold from Middle of Project Site (feet), Combined FTA threshold. County and cities typically have construction hours. 90 39.8 Lafayette Noise Ordinance 80 125.7 Richmond Noise Ordinance 75 223.6 Contra Costa County Noise Element (General Plan)60 1,257.4 Vibration Source Levels for Construction Equipment (FTA 2018) Equipment PPV at 25 feet VBA Dumptrucks 0.076 86 Bulldozer (Large)0.089 87 Vibration Calculations with Equations for Vibration-Causing Equipment (use of dumptrucks) for Project Site Threshold Distance to Threshold from Middle of Project Site (feet)Notes PPV=PPVref * (25/d)^1.5 18.4 Building damage threshold (0.12 ppv) Lvd=Lvref-30log(D/25)39.6 Annoyance (Federal 80 VdB) Vibration Calculations with Equations for Vibration-Causing Equipment (use of Bulldozer) for Project Site Threshold Distance to Threshold from Middle of Project Site (feet)Notes PPV=PPVref * (25/d)^1.5 20.5 Building damage threshold (0.12 ppv) Lvd=Lvref-30log(D/25)42.8 Annoyance (Federal 80 VdB) Equipment List Similar name used FTA 2018 FTA 2018 FHWA Handbook PPV at 25 feet VBA Dumptruck Truck 84 84 0.076 86 Grader 85 85 Excavator 85 Bulldozer Large Bulldozer 85 85 0.089 87 Roller 85 85 0.21 94 (If vibratory) Plate Compactor Compactor 82 83 Chainsaws 85 Mowing equipment Tractor 84 http://www.fhwa.dot.gov/environment/noise/construction_noise/handbook/handbook09.cfm Two loudest Two largest vibration sources dBA 50 from: Contra Costa County Routine Maintenance Program Initial Study/ Mitigated Negative Declaration October 2020 Appendix G Contra Costa County Routine Maintenance Program Manual (Provided on County Website at: https://www.contracosta.ca.gov/4841/Public-Input or by contacting Ave Brown at ave.brown@pw.cccounty.us) Contra Costa County Public Works Department ROUTINE MAINTENANCE PROGRAM MANUAL October 2020 Contra Costa County Routine Maintenance Program Manual Prepared for: Contra Costa County Public Works Department 255 Glacier Drive Martinez, CA 94553 Contact: Ave Brown ave.brown@pw.cccounty.us, (925) 313-2311 Prepared by: Horizon Water and Environment, LLC 266 Grand Avenue, Suite 210 Oakland, California 94610 Contact: Ken Schwarz ken@horizonh2o.com, (510) 986-1851 October 2020 Horizon Water and Environment. 2020. Contra Costa County Routine Maintenance Program Manual. October. (HWE 14.003) Oakland, CA. Contra Costa County Public Works Department October 2020 i Table of Contents Chapter 1 Introduction .................................................................................................... 1-1 County Flood Protection History and Organization ............................................... 1-1 Routine Maintenance Manual - Purpose ............................................................... 1-1 Maintenance Program Goals ................................................................................. 1-2 Maintenance Program Area ................................................................................... 1-2 Maintenance Program Facilities and Channel Types ............................................. 1-2 Routine Maintenance Activities Summary ........................................................... 1-19 Routine Maintenance History .............................................................................. 1-20 Anticipated Routine Maintenance Sites .............................................................. 1-20 Program Avoidance of Areas with Sensitive Resources ....................................... 1-21 Maintenance Program Exclusions ........................................................................ 1-23 Chapter 2 Regulatory Framework .................................................................................... 2-1 Regulatory Background and CDFW RMA 2011-2019 ............................................. 2-1 East Contra Costa County Habitat Conservation Plan/ Natural Community Conservation Plan (HCP/NCCP) .............................................................................. 2-2 Permits and Authorizations Required for Routine Maintenance Program ............ 2-5 Chapter 3 Physical Setting ............................................................................................... 3-1 Watersheds and Creeks ......................................................................................... 3-1 Geology, Soils, Hydrologic and Geomorphic Conditions ...................................... 3-14 Water Quality ....................................................................................................... 3-22 Chapter 4 Biological Resources ........................................................................................ 4-1 Natural Communities and Habitats ........................................................................ 4-1 Fish Resources ...................................................................................................... 4-10 Special-Status Plant and Animal Species .............................................................. 4-17 Invasive Wildlife and Plants, and Noxious Weeds ............................................... 4-77 Chapter 5 Flood Control Facility Maintenance ................................................................. 5-1 Culvert Maintenance .............................................................................................. 5-1 Sediment and Debris Removal ............................................................................... 5-7 Access Road and Ramp Maintenance .................................................................. 5-10 Erosion Protection ................................................................................................ 5-10 Minor Maintenance Activities .............................................................................. 5-10 Chapter 6 Vegetation Management................................................................................. 6-1 Mowing .................................................................................................................. 6-1 Trimming and Pruning ............................................................................................ 6-2 Tree Removal ......................................................................................................... 6-3 Herbicide Application ............................................................................................. 6-4 Fallen Tree Repositioning and Removal ................................................................. 6-7 Grazing ................................................................................................................... 6-9 Table of Contents Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department ii October 2020 Invasive Plant Management Activities ................................................................... 6-9 Chapter 7 Maintenance Planning and Implementation Impact Avoidance, Minimization Measures, and Best Management Practices (BMPs) ................... 7-1 Introduction ........................................................................................................... 7-1 Maintenance Triggers ............................................................................................ 7-2 Environmental Commitments ................................................................................ 7-7 Impact Avoidance and Minimization Measures and Work Limits ......................... 7-8 Best Management Practices ................................................................................ 7-12 Program Mitigation ......................................................................................... 8-1 Introduction ........................................................................................................... 8-1 Summary of Impacts to Wetlands, Waters, and Riparian Resources .................... 8-1 Timing of Mitigation ............................................................................................... 8-3 On-Site and Off-Site Mitigation to Address Impacts to Riparian Habitat, Wetlands and Jurisdictional Waters, and Trees ..................................................... 8-3 Partner with Local Watershed Organizations ........................................................ 8-6 Mitigation Monitoring ............................................................................................ 8-7 Chapter 9 Program Tracking and Reporting ..................................................................... 9-1 Annual Maintenance Work Plan Notification ........................................................ 9-1 Annual Maintenance Summary Report .................................................................. 9-4 Overall Program Work and Mitigation Tracking .................................................... 9-5 Chapter 10 References .................................................................................................... 10-1 List of Appendices Appendix A. CDFW Routine Maintenance Agreement Appendix B. East Contra Costa County Regional General Permit Appendix C. East Contra Costa County HCP/NCCP Chapter 6 Conditions on Covered Activities Appendix D. Resource Characterizations at High Priority Maintenance Sites Appendix E. List of Opportunities for Invasive Plant Management Appendix F. Aquatic Pesticide Application Plan Appendix G. Annual Notification Report Template Appendix H. Cultural Resources Assessment Report List of Tables Table 1-1. Mileage of County Maintained Channel Types .......................................................... 1-17 Table 1-2. Summary of Routine Maintenance Activities ............................................................. 1-19 Table 1-3. Anticipated Routine Maintenance Locations ............................................................. 1-25 Table 3-1. Beneficial Uses for Creeks in West County ................................................................. 3-23 Table 3-2. 303(d) Listed Waterbodies in the Project Area for West County ............................... 3-24 Table 3-3. Beneficial Uses for Creeks in the Project Area for Central County ............................. 3-25 Contra Costa County Routine Maintenance Manual Table of Contents Contra Costa County Public Works Department October 2020 iii Table 3-4. 303(d) Listed Waterbodies in the Project Area for Central County ........................... 3-25 Table 4-1. Special-Status Plant Species ....................................................................................... 4-31 Table 4-2. Special Status Animal Species ..................................................................................... 4-56 Table 4-3. Invasive Weeds in Contra Costa County with a High Cal-IPC Rating .......................... 4-77 Table 5-1. Annual Routine Maintenance Sediment Removal Limits ............................................. 5-8 Table 6-1. Summary of Herbicides Used on Vegetation Type ....................................................... 6-5 Table 7-1. Timing Period per Maintenance Activity ...................................................................... 7-7 List of Figures Figure 1-1. Contra Costa County Maintenance Areas Overview .................................................... 1-5 Figure 1-2. West Contra Costa County Maintenance Area ............................................................. 1-6 Figure 1-3. South Central Contra Costa County Maintenance Area ............................................... 1-7 Figure 1-4. Central Contra Costa County Maintenance Area ......................................................... 1-8 Figure 1-5. North Central Contra Costa County Maintenance Area ............................................... 1-9 Figure 1-6. Southeast Contra Costa County Maintenance Area ................................................... 1-10 Figure 1-7. Northeast Contra Costa County Maintenance Area ................................................... 1-11 Figure 1-8. Contra Costa County Flood Control Facilities – Other Structures .............................. 1-13 Figure 1-9. Contra Costa County Flood Control Facilities – Concrete Channels ........................... 1-14 Figure 1-10. Contra Costa County Flood Control Facilities – Earthen Channels ............................. 1-15 Figure 3-1. Wildcat Creek Profile Summary .................................................................................... 3-2 Figure 3-2. San Pablo Creek Profile Summary ................................................................................ 3-3 Figure 3-3. Rheem Creek Profile Summary ..................................................................................... 3-4 Figure 3-4. Garrity Creek Profile Summary ..................................................................................... 3-4 Figure 3-5. Pinole Creek Profile Summary ...................................................................................... 3-5 Figure 3-6. Rodeo Creek Profile Summary ...................................................................................... 3-6 Figure 3-7. Walnut Creek Profile Summary .................................................................................... 3-7 Figure 3-8. San Ramon Creek Profile Summary .............................................................................. 3-8 Figure 3-9. Las Trampas Creek Profile Summary ............................................................................ 3-9 Figure 3-10. Grayson Creek Profile Summary ................................................................................. 3-10 Figure 3-11. Pine Creek Profile Summary ....................................................................................... 3-11 Figure 3-12. Alameda Creek Profile Summary ................................................................................ 3-12 Figure 3-13. Marsh Creek Profile Summary .................................................................................... 3-13 Figure 3-14. Kellogg Creek Profile Summary .................................................................................. 3-14 Figure 4-1. Land Cover within the Program Area Based on CALVEG Data ..................................... 4-2 Figure 4-13. Special Status Animal Species in the Southeast Central Contra Costa County Maintenance Area .......................................................................................... 4-29 List of Acronyms A ACHP Advisory Council on Historic Preservation AMM avoidance and minimization measure APAP Aquatic Pesticide Application Plan Table of Contents Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department iv October 2020 B BA Biological Assessment Basin Plan water quality control plan BCDC Conservation and Development Commission BGEPA Bald and Golden Eagle Protection Act bgs below ground surface BMP best management practice BNSF Burlington Northern Santa Fe Corporation C CalEPA California Environmental Protection Agency CAL FIRE California Department of Forestry and Fire Protection Cal-IPC California Invasive Plant Council Cal OES California Governor’s Office of Environmental Services CALVEG Classification and Assessment with Landsat of Visible Ecological Groupings CCCWD Contra Costa County Water District CCWF Contra Costa Watershed Forum CDD Contra Costa County Community Development Department CDFA California Department of Food and Agriculture CDFW California Department of Fish and Wildlife CEQA California Environmental Quality Act CESA California Endangered Species Act CFR Code of Federal Regulations cfs cubic feet per second CGS California Geological Survey CHRIS California Historical Resources Information System CIP capital improvement projects CMP corrugated metal pipe CNDDB California Natural Diversity Database CNPS California Native Plant Society County Contra Costa County CRLF California red-legged frog CRPR California Rare Plant Rank CTS California tiger salamander CVRWQCB Central Valley Regional Water Quality Control Board cy or CY cubic yards CWA Clean Water Act D dbh diameter at breast height Delta San Joaquin/Sacramento River Delta Department Contra Costa County Public Works Department District Contra Costa County Flood Control and Water Conservation District Contra Costa County Routine Maintenance Manual Table of Contents Contra Costa County Public Works Department October 2020 v CDPR California Department of Pesticide Regulation DPS distinct population segment DWR Department of Water Resources E EA Environmental Assessment EBMUD East Bay Municipal Utilities District EBRPD East Bay Regional Park District EFH Essential Fish Habitat EIS Environmental Impact Statement ESA Endangered Species Act ESL Environmental Screening Level F F&G Code California Fish and Game Code FD federally delisted FE federally endangered FIFRA Federal Insecticide, Fungicide, and Rodenticide Act FMC fishery management council FMP Fishery management plans FONSI finding of no significant impact FT federally threatened ft feet FWCA Fish and Wildlife Coordination Act G GGS giant garter snake H HazMat Hazardous Materials HCP Habitat Conservation Plan I I-80 U.S. Interstate 80 in./yr. inches per year IPM Integrated Pest Management IWR Institute for Water Resources L LF linear feet M Maintenance Program Contra Costa County Routine Maintenance Program Manual Contra Costa County Routine Maintenance Manual MBTA Migratory Bird Treaty Act MLD most likely descendant Table of Contents Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department vi October 2020 MRP Monitoring and Reporting Program MSA Magnuson-Stevens Fishery Conservation and Management Act MS4 municipal separate storm sewer system N NCCP Natural Community Conservation Plan NEPA National Environmental Policy Act NHPA National Historic Preservation Act NMFS National Marine Fisheries Service NPDES National Pollutant Discharge Elimination System NRCS Natural Resources Conservation Service NRHP National Register of Historic Places NWIC Northwest Information Center O OHWM Ordinary High Water Mark P PCA Pest Control Advisor PCB Polychlorinated Biphenyl Porter-Cologne Act California Porter-Cologne Water Quality Control Act PRC Public Resources Code Program Stream Maintenance Program Q QAC Qualified Applicator Certificate QAL Qualified Applicator License R RCD Resource Conservation District RCP reinforced concrete pipe RGP regional general permits ROW right of way RMA Routine Maintenance Agreement RWQCB Regional Water Quality Control Board S SAA Streambed Alteration Agreement SC Special Species of Concern SE State endangered SEFI San Francisco Estuary Institute SFBRWQCB San Francisco Bay Regional Water Quality Control Board SHPO State Historic Preservation Officer sq. mi. square miles SR State Route Contra Costa County Routine Maintenance Manual Table of Contents Contra Costa County Public Works Department October 2020 vii SSC state species of special concern SFP state fully protected ST State Listed State Threatened STRAW Students and Teachers Restoring a Watershed SWRCB State Water Resources Control Board T TMDL total maximum daily load U U.S. United States UPRR Union Pacific Railroad USACE United States Army Corps of Engineers USC United States Code USDA United States Department of Agriculture USEPA U.S. Environmental Protection Agency USFS U.S. Forest Service USFWS U.S. Fish and Wildlife Service USGS U.S. Geological Survey W WDR waste discharge requirements WPT Western pond turtle WRCC Western Regional Climate Center Table of Contents Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department viii October 2020 Intentionally Left Blank Page Contra Costa County Public Works Department October 2020 1-1 Chapter 1 Introduction County Flood Protection History and Organization The Contra Costa County Flood Control and Water Conservation District (District) was formed in 1951 to provide flood protection and water conservation to county residents. To carry out this mission, the District’s original responsibilities included planning and constructing major storm drainage facilities and collecting, analyzing, and reporting rainfall and storm runoff data. Over the years, the District has completed many flood control projects in Contra Costa County (County) in support of this mission. The District owns most of the major storm drainage facilities in the County including flood control channels, basins, and creeks. The District’s jurisdiction extends throughout the County, including some incorporated areas. In recent decades, the County’s mission has expanded beyond developing flood protection infrastructure to also include protecting natural resources in County owned and managed channels, creeks, and other facilities. The Contra Costa County Public Works Department (Department) provides several flood control services. The Department provides technical staffing to support the Flood Control and Water Conservation District, and the Department’s Maintenance Division maintains County roads and rights-of-way, and approximately 75 miles of flood control channels and facilities in the County. Routine Maintenance Manual - Purpose This Contra Costa County Routine Maintenance Manual (Manual) serves as the primary planning and guidance document for the Contra Costa County Routine Maintenance Program (Maintenance Program or Program). The Manual was developed to provide a comprehensive description of Maintenance Program activities. This Manual describes routine maintenance activities conducted at the County’s and District’s flood control channels and other facilities including creeks, culverts, bridges, and basins. The Manual also describes natural resources at the maintained facilities and provides guidance and practices to avoid and minimize potential environmental impacts during maintenance. The Manual describes impact mitigation approaches and monitoring and reporting activities. The Manual provides a descriptive basis for the Maintenance Program to support compliance with the California Environmental Quality Act (CEQA) and other regulatory requirements and authorizations. While the standard operating procedures and guidelines described in this Manual are intended to provide the Maintenance Program with consistent approaches, the Maintenance Program and Manual are envisioned to be flexible and subject to periodic updates to reflect improved understanding of resource conditions, maintenance technologies, and management practices over time. Chapter 1. Introduction Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 1-2 October 2020 Maintenance Program Goals  Maintain the functional integrity and operational capacity of District flood control facilities and County roads. This includes maintaining existing flood control channels, creeks, culverts, bridges, dams, basins, and other facilities owned and managed by the County (e.g., access roads) to ensure that they perform their operational functions. Maintenance also involves managing vegetation along County-maintained access roads and on channel slopes.  Identify chronic maintenance sites and assess causes and possible solutions to prevent the future incidence of maintenance, where feasible.  Provide flood protection to County properties and residents through the maintenance of District flood control facilities. This involves removing sediment in channels where sediment accumulation reduces functional capacity, reduces flow conveyance, or increases the flood hazard and safety risk.  Avoid and minimize potential impacts to the natural environment when conducting maintenance activities by incorporating detailed appraisals of habitat, species, and resource conditions while identifying maintenance needs and developing maintenance plans.  Protect and enhance the natural environment at District and County facilities.  Provide cost-effective service and value for citizen taxes and public funding. Maintenance Program Area Figure 1-1 presents the Maintenance Program area within Contra Costa County, California. Figures 1-2 through 1-7 provide larger scale maps of maintenance facilities in sub-regions within the County. The Maintenance Program area is organized by three general regions: (1) West County, which includes maintenance facilities in Richmond, San Pablo, Pinole, and Rodeo; (2) Central County which includes facilities in Danville, Alamo, San Ramon, Walnut Creek, Pleasant Hill, Concord, Martinez, and Pittsburg; and (3) East County which includes facilities in Brentwood, Discovery Bay, Oakley and Antioch. Maintenance Program Facilities and Channel Types The Maintenance Program addresses the following primary facilities: concrete bed and bank channels, concrete bed with riprap bank channels, concrete bed with earthen bank channels, earthen bed and bank channels, earthen bed and riprap bank channels, earthen bed with concrete bank channels, sediment basins, reinforced concrete pipe (RCP) or concrete box culverts, corrugated metal pipe (CMP) culverts, bridges, access roads, and dams. Minor facilities include flap gates, sub-drain vaults, and trash racks. Representative photos of culverts, basins, and trash racks are shown in Figure 1-8. The Maintenance Program is administered to provide regular and routine maintenance of these facilities. The primary maintenance activities conducted by the County include limited sediment removal from channels and culverts, vegetation trimming and removal along and within channels, trash and debris removal, and culvert repair and replacement. Contra Costa County Routine Maintenance Manual Chapter 1. Introduction Contra Costa County Public Works Department October 2020 1-3 The following sections describe the primary types of channels throughout the Maintenance Program Area. 1.5.1 Primary Channel Types The vast majority of maintenance work occurs in six types of engineered flood control channels: (1) concrete bed and bank channels, (2) concrete bed and riprap bank channels, (3) concrete bed and earthen bank channels, (4) earthen bed and bank channels, (5) earthen bed and riprap bank channels, and (6) earthen bed with concrete bank channels. Minor maintenance activities such as downed tree repositioning or removal occur on an as-needed basis within natural creek channels. Concrete Bed and Bank Channels: Concrete bed and bank channels are typically U-shaped or trapezoidal in form (Figure 1-9). The County owns and maintains (or provides maintenance through an easement) for approximately 19.44 miles of concrete bed and bank channels. Within the Maintenance Program area, example concrete bed and bank channels include reaches of Garrity Creek, Las Trampas Creek, San Pablo Creek, Wildcat Creek, Walnut Creek, Pine Creek, and Grayson Creek. Typical maintenance activities in concrete channels include removal of sediment, debris and trash; fallen tree removal, graffiti removal, and concrete repair including the use of sealants. Structures and facilities such as access roads, culvert outfalls, flap gates, and trash racks also require routine maintenance in concrete channels. Concrete Bed with Earthen Bank Channels: Channels with a concrete bed and earthen bank are trapezoidal in form. Examples of this type of channel are observed in San Ramon Creek. Typical maintenance activities in these channels include removal of sediment, debris, and trash; fallen tree removal; mowing; burrow management activities; and spot application of herbicides along channel banks. Adjacent facilities such as access roads, culvert outfalls, flap gates and trash racks are also routinely maintained. Concrete Bed with Riprap Bank Channels: Some channel segments in the County have trapezoidal riprap banks and a concrete bed. Examples of concrete bed with riprap bank channels include sections of Rodeo Creek and Wildcat Creek. Maintenance activities that take place in these channels are the same as those that occur in concrete bed and bank channels. Earthen Bed and Bank Channels: Modified earthen bed and bank channels are channels that have been typically widened and/or straightened to increase channel conveyance capacity. These earthen channels are generally trapezoidal, u-shaped, or v-shaped (Figure 1-10) and may or may not have been developed according to an engineered design. At their upstream ends, engineered earthen channels often transition to more natural creeks generally managed by other agencies (e.g., cities and East Bay Regional Park District) and in some cases, private property owners. Examples of earthen channels include sections of Walnut Creek, San Ramon Creek, and Sycamore Creek. The County maintains (or provides maintenance on an easement) for approximately 66.9 miles of modified earthen channels. Typical maintenance activities in earthen bed and bank channels include trash removal, sediment removal, culvert maintenance, mowing, burrow management activities, and spot application of herbicides along channel banks. Chapter 1. Introduction Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 1-4 October 2020 Other facilities such as access roads, flap gates, and trash racks at engineered earthen channels may also require routine maintenance. Earthen Bed with Riprap Bank Channels: Some modified earthen bed channels have hardened banks comprised of rock (in the form of gabion) or riprap and are trapezoidal in shape. The County maintains approximately 6.19 miles of earthen channels with riprap banks. Creeks that have sections of earthen bed and riprap bank channels include Wildcat Creek, Rodeo Creek, Grayson Creek, and Pine Creek. Typical maintenance activities are the same as those described above for concrete bed and bank channels. Earthen Bed with Concrete Bank Channels: Some modified channels have an earthen bed with concrete banks. Within the County, these types of channels exist within San Pablo Creek and Wildcat Creek. Typical maintenance activities are the same as those described above for concrete bed and bank channels. Natural Channels: Natural channels are largely un-engineered. Examples include creeks in the Blackhawk area and Las Trampas Creek. Typical activities include flow maintenance (removal of flow obstructions such as concentrated debris and the removal or repositioning of fallen trees) and limited and localized sediment removal. Flood Control Channels and Facilities Basins 0 5 102.5 Miles Figure 1-1 Contra Costa CountyMaintenance Areas Overview \\h2o-server\GIS_Server\_PROJECTS\14003_ContraCosta_SMP\mxd\ChannelMapping\Figure_1-1_SMP_Overview.mxd 4/23/2019 PGFigure 1-7 Figure 1-6 Figure 1-3 Figure 1-4 Figure 1-2 Figure 1-5 West County Central County East County W ild c a t Cr eek S a n P a blo Creek R heem Creek Garrity C reekPin ole Cr eekRodeo Creek WildcatBasin 3 SanPabloReservoir S a n P a b l o B a y San P abl o Creek1 4 5 7 6 2 0 1 20.5 Miles Figu r e 1-2 Wes t Contra Cos ta Count yMaintenance Ar ea \\h2o-server\GIS_Server\_PROJECTS\14003_ContraCosta_SMP\mxd\ChannelMapping\2016_update\Copy_of_Figure_1_SMP_Channels.mxd 4/4/2019 PGFigure1-2 Figure1-5 Figure1-4 Figure1-3 Figure1-6 Figure1-7 Ro utin e/Fr equen t Ma in t enan c e L oc ation3 Channel Material Concrete Bed, Concrete Bank Concrete Bed, Earthen Bank Concrete Bed, Riprap Bank Earthen Bed, Concr ete Bank Earthen Bed, Earthen Bank Earthen Bed, Riprap Bank Reinforced Concrete Pipe (RCP) orCorrugated Metal Pipe (CMP) Basin Creek/Drainage San Ramon Creek San Ramon CreekGree nValle y C r eek Sy ca m oreCreek 11 14 Trib ofSan Ramon Alamo CreekWest Branch Alamo CreekSerafixBasin RassierRanch Basin Canyon OakBasin Hidden OakBasinMossy OakBasin Bette ncourtBasin ShadowCreekBasin Basin51 and 52 10 13 15 CanyonLakes 12 8 9FCM23 Blackhawk0 1 20.5 Miles Figu r e 1-3 South Central Cont r a Costa Coun tyMaintenance Ar ea \\h2o-server\GIS_Server\_PROJECTS\14003_ContraCosta_SMP\mxd\ChannelMapping\2016_update\Copy_of_Figure_1_SMP_Channels.mxd 4/4/2019 PGFigure1-2 Figure1-5 Figure1-4 Figure1-3 Figure1-6 Figure1-7 Ro utin e/Fr equen t Ma in t enan c e L oc ation3 Channel Material Concrete Bed, Concrete Bank Concrete Bed, Earthen Bank Concrete Bed, Riprap Bank Earthen Bed, Concr ete Bank Earthen Bed, Earthen Bank Earthen Bed, Riprap Bank Reinforced Concrete Pipe (RCP) orCorrugated Metal Pipe (CMP) Basin Creek/Drainage SanRamonCr . S a n R a mo n C r e e k G alindoCr e e kPineC r eekPine CreekYgnacio Drain G r a y sonCreekEastBranchGraysonCreekWalnut CreekL a s T ram pasCr e e k TiceCreekBypassS a ns CraintCre ekRossmoorBasin Pine Cree kReservoir Bogue RanchUpper Basin Bogue RanchLower Basin Pine Creek Basin SerafixBasin 18 23 24 30 31 20 29 16 25 26 27 28 Pine CreekBox Culvert 21 22 17 19 Monument BlvdYgnacio Valley Rd0 1 20.5 Miles Figu r e 1-4 Central Contr a Cost a CountyMaintenance Ar ea \\h2o-server\GIS_Server\_PROJECTS\14003_ContraCosta_SMP\mxd\ChannelMapping\2016_update\Copy_of_Figure_1_SMP_Channels.mxd 4/4/2019 PGFigure1-2 Figure1-5 Figure1-4 Figure1-3 Figure1-6 Figure1-7 Ro utin e/Fr equen t Ma in t enan c e L oc ation3 Channel Material Concrete Bed, Concrete Bank Concrete Bed, Earthen Bank Concrete Bed, Riprap Bank Earthen Bed, Concr ete Bank Earthen Bed, Earthen Bank Earthen Bed, Riprap Bank Reinforced Concrete Pipe (RCP) orCorrugated Metal Pipe (CMP) Basin Creek/Drainage V ine HillCreek PachecoCreekPacheco Creek W alnut Creek Grayson CreekWalnut CreekVianoBasin !(33 !(34 !(32 !(20 S u i s u nBay !(28 Clayton ValleyDrain 0 1 20.5 Miles I Figure 1-5 North Central Contra Costa CountyMaintenance Area \\H2O-SERVER\GIS_Server\_PROJECTS\14003_ContraCosta_SMP\mxd\ChannelMapping\2016_update\Copy_of_Figure_1_SMP_Channels.mxd 6/24/2019 PGFigu re1-2 Figu re1-5 Figu re1-4 Figu re1-3 Figu re1-6 Figu re1-7 Rout ine/Fre q uent M ai nte nance Lo ca tio n!(3 Channel Material Concrete Bed, Concret e Bank Concrete Bed, Earthen Bank Concrete Bed, Riprap Bank Ea rthen Be d, Concrete Bank Ea rthen Be d, Ea rthen Bank Ea rthen Be d, Riprap Bank Reinforced Concrete Pipe (RCP) orCorrugated Metal Pipe (CMP) Basin Creek/Draina ge Marsh CreekKellogg Cree kKelloggCreek Kellogg C re e k Los Vaqueros Reservoir Dry CreekReservoir Marsh CreekReservoir Bypass Ba sin Bypass Ba sin 36 35 37 0 1 20.5 Miles Figu r e 1-6 Southe ast Cont r a Co sta CountyMaintenance Ar ea \\h2o-server\GIS_Server\_PROJECTS\14003_ContraCosta_SMP\mxd\ChannelMapping\2016_update\Copy_of_Figure_1_SMP_Channels.mxd 4/4/2019 PGFigure1-2 Figure1-5 Figure1-4 Figure1-3 Figure1-6 Figure1-7 Ro utin e/Fr equen t Ma in t enan c e L oc ation3 Channel Material Concrete Bed, Concrete Bank Concrete Bed, Earthen Bank Concrete Bed, Riprap Bank Earthen Bed, Concr ete Bank Earthen Bed, Earthen Bank Earthen Bed, Riprap Bank Reinforced Concrete Pipe (RCP) orCorrugated Metal Pipe (CMP) Basin Creek/Drainage M a r s h CreekDr y C r e e k Marsh CreekDe er CreekSand CreekE astAnt i ochCreek B i g B r e a kSan J o a q u i n R i v e r TrembathBasin OakleyBasin LindseyBasin Bernard Basin Laurel Road Basin Snowma n Basin Fairview Basin Lower SandCreek B asin Upper Sa ndCreek B asin Deer Cre ek Basin Dry Creek Basin De er CreekReservoir SellersBasin He ron Park Basin 42 39 40 41 43 44 45 38 37 Line E Line E1 0 1 20.5 Miles Figu r e 1-7 No r thea st Contra Costa CountyMaintenance Ar ea \\h2o-server\GIS_Server\_PROJECTS\14003_ContraCosta_SMP\mxd\ChannelMapping\2016_update\Copy_of_Figure_1_SMP_Channels.mxd 4/4/2019 PGFigure1-2 Figure1-5 Figure1-4 Figure1-3 Figure1-6 Figure1-7 Ro utin e/Fr equen t Ma in t enan c e L oc ation3 Channel Material Concrete Bed, Concrete Bank Concrete Bed, Earthen Bank Concrete Bed, Riprap Bank Earthen Bed, Concr ete Bank Earthen Bed, Earthen Bank Earthen Bed, Riprap Bank Reinforced Concrete Pipe (RCP) orCorrugated Metal Pipe (CMP) Basin Creek/Drainage Contra Costa County Public Works Department October 2020 1-12 Intentionally Left Blank Page Figure 1-8 Contra Costa County Flood Control FaciliƟes – Other Structures Photo 2. Pine Creek box culvert (downstream end). No flow present at Ɵme of survey. (April 2014) Photo 1. Concrete culvert at a Rodeo Creek road crossing, looking downstream at Viewpoint Blvd. (January 2014) Photo 3. Pine Creek Basin looking southeast from Trails End Drive. (January 2014) Photo 6. Viano Basin looking south from access road in MarƟnez. (July 2015) Photo 5. Old San Ramon Creek trash rack. (April 2014) Photo 4. Metal trash rack covering entrance of upstream end of Pine Creek box culvert. (April 2014) Figure 1‐9  Contra Costa County Flood Control Facilities – Concrete Channels Photo 1. U‐shaped concrete channel. View of San Pablo Creek looking upstream near Parr Boulevard in Richmond. (April 2014)  Photo 2. Confluence of two u‐shaped concrete channels. View of Walnut Creek channel and San Ramon Bypass looking upstream toward Iron Horse Trail bridge, south of Ygnacio Valley Road. (April 2014) Photo 3. Concrete trapezoidal channel. View of Rheem Creek looking downstream from pedestrian crossing approximately 150 feet upstream of Giant Road. (April 2014) Photo 4. Concrete u‐shaped channel. View of Grayson Creek looking downstream, near transition to earthen trapezoidal channel and Viking Drive crossing (seen in distance). (April 2014)    Figure 1‐10  Contra Costa County Flood Control Facilities – Earthen Channels Photo 1. Earthen trapezoidal channel. View of Rodeo Creek looking upstream from 7th Avenue. (July 2015)  Photo 2. Earthen trapezoidal channel. View of Rodeo Creek looking upstream from near Viewpoint Blvd. crossing.  Concrete weir seen in channel in distance.  (January 2014) Photo 3. Earthen trapezoidal channel. View of Pinole Creek looking upstream west of Collins Elementary School in Pinole. (July 2015) Photo 4. Earthen v‐shaped channel. View of East Grayson Creek looking upstream from Boyd Road in Pleasant Hill. (August 2015)  Chapter 1. Introduction Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 1-16 October 2020 Intentionally Left Blank Page Contra Costa County Routine Maintenance Manual Chapter 1. Introduction Contra Costa County Public Works Department October 2020 1-17 Table 1-1. Mileage of County Maintained Channel Types Watershed Concrete Bed, Concrete Bank (miles) Concrete Bed, Earthen Bank (miles) Concrete Bed, Riprap Bank (miles) Earthen Bed, Concrete Bank (miles) Earthen Bed, Earthen Bank (miles) Earthen Bed, Riprap Bank (miles) Reinforced Concrete Pipe (RCP) or Corrugated Metal Pipe (CMP) (miles) West County Wildcat Creek 0.08 - - 0.03 1.76 0.13 - San Pablo Creek 0.42 - - 0.04 1.41 0.01 - Rheem Creek 0.41 - - - 0.60 0.52 - Garrity Creek 0.18 - 0.03 - 0.21 0.33 - Pinole Creek 0.23 - - - 1.56 0.23 0.01 Rodeo Creek 0.48 - 0.07 - 0.87 0.58 - Central County Walnut Creek 2.83 - - 0.14 6.78 0.08 - San Ramon Creek 1.69 0.14 - 0.49 7.44 1.50 0.44 San Ramon Bypass 2.21 - - - - - - San Ramon Creek tributaries 0.02 - - 0.01 0.74 0.17 0.25 Grayson Creek 2.55 - - - 3.92 0.26 - Pine Creek 2.67 - 0.01 0.04 3.46 0.47 - Pine Creek Side Channel 0.06 - - - 0.46 0.05 0.01 Walker Canyon (tributary of Pine Creek) 0.01 - - - 0.24 - - Green Valley Creek 0.15 - - - 0.63 0.45 - Canyon Oak Basin (tributary of E. Green Valley Creek) 0.01 - - - 0.34 0.004 Sycamore Creek 0.46 - - - 6.14 0.01 0.23 Las Trampas Creek 0.95 - - 0.03 5.75 0.28 0.10 Lafayette Creek (tributary of Las Trampas Creek) 0.38 - - - 0.09 - - Tice Creek 0.93 - - 0.02 1.53 0.005 0.04 Galindo Creek 0.84 - - - - 0.01 - Chapter 1. Introduction Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 1-18 October 2020 Watershed Concrete Bed, Concrete Bank (miles) Concrete Bed, Earthen Bank (miles) Concrete Bed, Riprap Bank (miles) Earthen Bed, Concrete Bank (miles) Earthen Bed, Earthen Bank (miles) Earthen Bed, Riprap Bank (miles) Reinforced Concrete Pipe (RCP) or Corrugated Metal Pipe (CMP) (miles) Vine Hill Creek (Pacheco Creek) 0.23 - - - - - - 1.07 3.14 - - - 0.005 Clayton Drain 0.01 - - - 0.56 - 0.02 Ygnacio Valley Drain 0.29 - - - 1.53 - - Alamo Creek 0.64 - - - 2.68 0.03 0.39 West Branch Alamo Creek - - - - 0.48 - - Franklin Creek - - - - 0.06 - - East County Kellogg Creek - - - - 0.59 0.03 - Marsh Creek 0.13 - - 0.04 7.62 0.05 - Marsh Creek Tributaries (Drainage Line A, Drainage Line B, Dry Creek) 0.34 - - - 2.33 0.92 - Sand Creek 0.09 - - - 1.33 - - Deer Creek 0.13 - - - 0.96 0.08 - East Antioch Creek 0.01 - - - 0.63 - - Total Length 19.44 0.14 0.10 0.84 66.90 6.19 1.50 Contra Costa County Routine Maintenance Manual Chapter 1. Introduction Contra Costa County Public Works Department October 2020 1-19 Routine Maintenance Activities Summary Table 1-2 summarizes the Maintenance Program’s routine maintenance activities according to the primary facility types. Table 1-2. Summary of Routine Maintenance Activities Maintenance Program Facility Type Maintenance Activity Concrete Bed and Bank Channels Concrete Bed and Riprap Bank Channels Earthen Bed and Riprap Bank Channels Earthen Bed with Concrete Bank Channels Sediment removal Trash and debris removal Fallen and hazardous tree removal Vegetation trimming and removal (channels with earthen bed) Earthen Bed and Bank Channels Concrete Bed and Earthen Bank Channels Sediment removal Vegetation trimming and removal Trash and debris removal Fallen and hazardous tree removal or repositioning Herbicide application Mowing Erosion protection Drainage culverts (typically those that route drainage from ditches/access roads to channels) Culvert flushing and sediment removal Culvert inspection and as-needed repair and replacement Box Culverts (typically at road/bridge crossings) Sediment removal Sediment Basins Sediment removal Vegetation trimming and removal Trash and debris removal Fallen and hazardous tree removal Herbicide application Mowing Livestock grazing Channel Access Roads and Ramps Grading and gravel replenishment Trash and debris removal Fallen and hazardous tree removal Livestock grazing Herbicide application Mowing Chapter 1. Introduction Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 1-20 October 2020 Maintenance Program Facility Type Maintenance Activity Minor Facilities Sediment removal around storm drain outlets, trash racks, and water diversion inlets Spalled concrete repair Flap gate maintenance and repair Subdrain service maintenance Repair damage from burrowing animals on dams and levees Trash rack maintenance Graffiti removal Routine Maintenance History The County conducted routine maintenance activities in 2014 and 2016 under review and authorization from the U.S. Army Corps of Engineers (USACE), the San Francisco Bay Regional Water Quality Control Board (RWQCB), and the California Department of Fish and Wildlife (CDFW). The maintenance activities completed in 2014 included sediment removal at the following flood control channel facilities:  San Pablo Creek at Giant Road in Richmond  Rheem Creek at Giant Road in San Pablo  Grayson Creek at Viking Drive in Concord  Lower Pine Creek at Willow Pass Road in Concord In 2016, sediment removal activities occurred at Grayson Creek at Viking Drive, Lower Pine Creek at Willow Pass Road, Walnut Creek at Arroyo Way, and San Pablo Creek at Giant Road. Partial sediment removal work was also completed at San Ramon Creek at Laurel Drive. The County removed 50 to 500 cubic yards (cy) of sediment from each of the above-listed facilities. The recent routine maintenance work is very similar and consistent with activities described in this Manual. All of the maintenance activities involved sediment removal from channels with concrete bed and banks. By implementing best management practices (BMPs), adverse effects to special-status species were avoided. Anticipated Routine Maintenance Sites Table 1-3 identifies the County’s flood control facilities that have been evaluated and prioritized for routine maintenance in recent years (2013-2016). Although the Maintenance Program covers routine maintenance activities countywide, the list of facilities in Table 1-3 represents the facilities where maintenance is anticipated to occur at a higher frequency than other sites. This table also shows which tier (described in Section 1.9 below) and BMPs are applicable to each maintenance site. The facilities and anticipated maintenance activities identified in Table 1-3 are provided as examples of the maintenance activities anticipated to occur within the Program area in the next 5-10 years but do not represent the entirety of possible maintenance locations. It is impossible to anticipate all maintenance locations at the time of developing this Manual. While the maintenance locations presented in Table 1-3 represent the anticipated maintenance Contra Costa County Routine Maintenance Manual Chapter 1. Introduction Contra Costa County Public Works Department October 2020 1-21 locations, not every site can be known at this time. However, the Maintenance Program only includes maintenance activity types that are described in this Manual. Due to the presence of threatened steelhead, maintenance activities in San Pablo, Wildcat, and Pinole Creeks will be limited to County facilities and may only occur within the Program area delineated on Figure 5-1 in Chapter 5 of the Manual. Program Avoidance of Areas with Sensitive Resources Prior to conducting maintenance activities, the County performs a habitat assessment of each site consistent with guidelines established in the County’s CDFW Routine Maintenance Agreement (RMA). The County assesses site conditions to determine whether the site is likely to support special-status species by referring to a current California Natural Diversity Database (CNDDB) occurrences map. In the event that maintenance work is scheduled to occur in a highly sensitive location (i.e., is within the dispersal distance referenced in the County’s existing CDFW RMA), the maintenance team will retain a biologist to assess the site. The County has developed a tiered approach based on resource sensitivity at the maintenance site to avoid potential adverse effects on sensitive species and habitats. The tiered approach will help the County and regulatory agency staff identify resource (i.e., special-status species and high quality habitat) and site sensitivity and thereby prioritize impact avoidance and minimization measures and/or best management practices accordingly. The following three project tiers have been developed:  Tier 1 – No Impact. Maintenance activities would occur in areas inaccessible to special- status fish or, for terrestrial special-status species other than birds, in areas where no suitable breeding habitat for special-status species is present and there is no connectivity between the site and known or potential breeding habitat (so that non- breeding individuals can also be presumed to be absent). Because foraging or roosting birds could easily fly away before being impacted by maintenance activities, the implementation of maintenance activities in non-breeding habitat for special-status bird species is not expected to result in impacts on individuals that rise to the level of “take”. Avoiding potential impacts to nesting birds, in general, would be addressed through surveys where nesting habitat occurs. This tier also includes maintenance activities that are not expected to result in any impacts on special-status species (e.g., access road repair or culvert repairs in areas where no wetland habitat is present). No compensatory habitat mitigation would be necessary for Tier 1 activities.  Tier 2 – Low Impact. Maintenance activities would occur in areas where special-status species are known to occur or could possibly occur, for terrestrial species and fish, suitable non-breeding habitat is present and there is connectivity between the maintenance site and suitable breeding habitat. However, for these activities, impacts on individuals can be avoided through implementation of avoidance and minimization measures (e.g., preconstruction surveys, exclusion of individuals from the site, and/or implementation of non-disturbance buffers). Depending on the sensitivity of the work area and the likelihood that individuals could move into the work area after preconstruction surveys are conducted, some of these activities may require an on-site Chapter 1. Introduction Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 1-22 October 2020 biological monitor to remain while work is conducted. For Tier 2 activities, “take” resulting in the form of permanent loss of habitat should not occur, and therefore, no compensatory habitat mitigation would be necessary for Tier 2 activities.  Tier 3 – Moderate/High Impact. Similar to Tier 2, maintenance activities would occur in areas where special-status species are known to possibly occur, either because suitable breeding habitat is present and there is connectivity between the maintenance site and suitable breeding habitat. However, for Tier 3 activities, special-status species cannot be effectively excluded from the maintenance site, preconstruction surveys could not definitively determine the presence or absence of the species, and/or “take” in the form of permanent loss of habitat cannot be avoided. For Tier 3 projects: - During construction, these activities are expected to require implementation of standard impact avoidance and minimization measures (AMMs) and BMPs, and may require an on-site biologist. - To offset any permanent impacts on sensitive species and/or habitat, compensatory mitigation may be needed. The mitigation ratio may vary depending on the magnitude of the impact and/or quality of habitat impacted. The County has used these tiering definitions to evaluate and screen potential maintenance activities that would be covered under the Maintenance Program. The East County region is within the limits of the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP). Maintenance activities located within East County would be conducted consistent with the authorizations for the HCP/NCCP including the USACE Regional General Permit (SPK-2001-00147), which provides take coverage for special-status species provided the HCP/NCCP protocols are followed. Under the Maintenance Program, Tier 3 activities would be conducted in East County within the areas of HCP/NCCP coverage. For activities conducted outside of the limits of the HCP/NCCP in West and Central County, no Tier 3 activities that would potentially adversely affect special-status species, would be conducted under the Maintenance Program. In other words, in West and Central County only Tier 1 and Tier 2 activities that would not result in impacts to sensitive species would be included in the Program. All Tier 3 activities in West and Central County would be evaluated and permitted on an individual basis, separate from the Maintenance Program. Implementing suitable BMPs, as described in Chapter 7, Maintenance Planning and Implementation, will minimize potential adverse effects to Tier 2 activities where there might be special-status species or marginally suitable habitat for special-status species. This Maintenance Program is unique from other permitted stream maintenance programs in the Bay Area for the following reasons:  No Tier 3 activities would be permitted through the Maintenance Program. This is a very significant step taken by the County to ensure that the routine maintenance activities undertaken for the Maintenance Program are minimally impacting to sensitive species and their habitats.  A majority of maintenance work is within concrete and/or modified flood control channels in highly urbanized areas with low resource sensitivity. Contra Costa County Routine Maintenance Manual Chapter 1. Introduction Contra Costa County Public Works Department October 2020 1-23  The Maintenance Program is not solely focused on creek-related maintenance and has limited instream work activities, and that is why it is not called a “stream maintenance program” but a “routine maintenance program.” Maintenance Program Exclusions The Maintenance Program does not include emergency repair work. The Maintenance Program does not include maintenance projects that would alter the designed flood conveyance capacity of an existing engineered channel. Large construction projects and capital improvement projects (CIPs) are not considered routine maintenance and are not included in the Maintenance Program. Emergency maintenance actions are not included in the Maintenance Program, nor addressed by Maintenance Program CEQA compliance or permits and authorizations. A situation is considered an “emergency” if it is a sudden, unexpected occurrence involving a clear and imminent danger that demands immediate action to prevent or mitigate loss of or damage to life, health, property, or essential public services (Public Resources Code Section 21060.3). An emergency situation could involve activities that would otherwise be considered routine maintenance activity as described in this Manual but may need to occur at an unplanned time. Although emergency situations are not covered by the permits authorizing the routine maintenance activities of the Maintenance Program and described in this Manual, the County makes every effort to follow the impact avoidance and minimization guidance provided in this Manual when implementing activities under emergency conditions. Chapter 1. Introduction Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 1-24 October 2020 Page intentionally left blank Contra Costa County Routine Maintenance Manual Chapter 1. Introduction Contra Costa County Public Works Department October 2020 1-25 Table 1-3. Anticipated Routine Maintenance Locations No. Facility Watershed Sub- watershed Creek City Routine Maintenance Activities Reach Specific Location for Maintenance Activities Potentially Regulated under the Clean Water Act Section 404 Tiered Category Relevant BMPs West Contra Costa County Region 1 Wildcat Creek Channel* Wildcat Creek Watershed Wildcat Creek Wildcat Creek Richmond - Mowing - Trash and debris removal - Fence repair - Vegetation removal - Culvert cleaning Culvert Cleaning/Trash and Debris Removal: At bridge culverts Other Activities: West of Burlington Northern Santa Fe Corporation (BNSF) tracks downstream to the Wildcat Marsh Trail Culvert Cleaning/ Vegetation Removal: Yes Other Activities: No Tier 2 Longfin smelt (Spirinchus thaleichthys)may be present in the channel near the Bay but would not be affected by mowing. Potentially suitable habitat for sensitive plant species such as soft salty bird's-beak (Chloropyron molle ssp. molle) may be present in the channel near San Pablo Bay. However, mowing would not occur in the channel and therefore would not affect these species. Special-status birds may nest in the vicinity of mowing activities, but implementation of BMP BIO-2 would be protective of nesting birds. Mowing near the western extent of Wildcat Creek would occur in the vicinity of habitat for California clapper rail and salt marsh harvest mouse. However, mowing activities would be brief in duration, lasting less than one hour and conducted only once per year. The closest bridge crossing (where culvert cleaning and sediment, trash, and debris removal could occur) is located approximately 2,000 feet east of the closest mapped occurrence of these species. GEN-1 (Work Windows) BIO-1 (Staff Training) BIO-2 (Minimize Impacts to Nesting Birds) 2 Wildcat Basin Wildcat Creek Watershed Wildcat Creek Wildcat Creek Richmond - Basin cleaning - Manual mowing - Mechanized mowing - Herbicide application Immediately east of Verde Elementary School Basin Cleaning: Yes Manual Mowing: Possibly, if within wetlands Mechanized Mowing: No Herbicide Application: Possibly, if within wetlands Tier 1 No suitable breeding habitat present for special-status species and no connectivity to special- status species breeding habitat. BIO-2 (Minimize Impacts to Nesting Birds) Chapter 1. Introduction Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 1-26 October 2020 No. Facility Watershed Sub- watershed Creek City Routine Maintenance Activities Reach Specific Location for Maintenance Activities Potentially Regulated under the Clean Water Act Section 404 Tiered Category Relevant BMPs 3 San Pablo Creek Lined Channel 1* San Pablo Creek San Pablo Creek San Pablo Creek Richmond - Sediment removal - Trash and debris removal - Mechanized mowing - Manual mowing - Vegetation removal - Livestock grazing - Culvert cleaning - Flap-gate servicing - Concrete-channel repair Culvert Cleaning/Trash and Debris Removal: At bridge culverts from Richmond Parkway (upstream) to approximately 200 feet downstream of Parr Boulevard (at the downstream extent) Sediment Removal: Approximately 50 cubic yards (CY) from Giant Road downstream to the Union Pacific Railroad (UPRR) tracks Mechanized and Manual Mowing: UPRR tracks downstream to Parr Boulevard. Other Activities: Richmond Parkway to 200 feet downstream of Parr Boulevard Culvert Cleaning/Sediment Removal/ Vegetation Removal: Yes, activities within the reach downstream of Giant Road were previously permitted in 2016. Mechanized and Manual Mowing: No Other Activities: No Tier 2 Concrete channel cleaning is not anticipated to impact sensitive species. Although steelhead (Oncorhynchus mykiss irideus) are potentially present in this creek, they are not anticipated to be present in the concrete channel during the period when sediment removal would occur (typically summer months). Sediment removal locations are approximately .75 miles away from mapped occurrences of California clapper rail and salt marsh harvest mouse, and are not anticipated to result in effects to these species. Longfin smelt may be present in the channel near the Bay but would not be affected by mowing. Special-status birds may nest in the vicinity of mowing activities, but implementation of BMP BIO-2 would be protective of nesting birds. Mowing would occur in the vicinity of habitat for California clapper rail and salt marsh harvest mouse. However, mowing would be brief in duration. GEN-1 (Work Windows), GEN-2 (Minimize the Area of Disturbance), and BIO-1 (Staff Training) BIO-2 (Minimize Impacts to Nesting Birds) 1 Lined channel includes the portion of channels with a concrete bed and concrete bank, concrete bed and earthen bank, concrete bed and riprap bank, and earthen bed and concrete bank. Contra Costa County Routine Maintenance Manual Chapter 1. Introduction Contra Costa County Public Works Department October 2020 1-27 No. Facility Watershed Sub- watershed Creek City Routine Maintenance Activities Reach Specific Location for Maintenance Activities Potentially Regulated under the Clean Water Act Section 404 Tiered Category Relevant BMPs 4 Rheem Creek Lined Channel* Rheem Creek Rheem Creek Rheem Creek San Pablo - Sediment removal - Trash and debris removal - Mechanized mowing - Manual mowing Sediment Removal: Approximately 50 CY from concrete channel upstream of Giant Road, continuing downstream 500’ to Giant Road Trash and Debris Removal: At bridge culverts beginning at the concrete channel upstream of Giant Road, continuing downstream 500’ to Giant Road. Mechanized and Manual Mowing: Downstream of Giant Road Sediment Removal: Yes, activities within the reach upstream of Giant Road were previously permitted in 2016. Mowing/ Trash and Debris Removal: No Tier 2 Sediment, trash and debris removal is not anticipated to impact sensitive species due to the location of these activities. These activities are located greater than 3,500 feet from suitable habitat for California clapper rail and salt marsh harvest mouse. Mowing would occur in the vicinity of habitat for California clapper rail and salt marsh harvest mouse. However, mowing would be brief in duration. BIO-2 (Minimize Impacts to Nesting Birds) 5 Garrity Creek Lined Channel Garrity Creek Garrity Creek, County Wide Drainage Garrity Creek San Pablo - Sediment removal - Trash and debris removal - Cattail removal Sediment Removal: Approximately 60 CY from O’Conner Ditch east side of San Pablo Avenue south of O’Conner Drive. Trash and Debris Removal: O’Conner Ditch east side of San Pablo Avenue south of O’Conner Drive. Cattail Removal: Within the central portion of O’Connor Ditch Yes Tier 1 No suitable breeding habitat for special status species and no connectivity to special-status species breeding habitat. 6 Pinole Creek Channel* Pinole Creek Watershed Pinole Creek Pinole Creek Pinole - Mechanized mowing - Manual mowing - Tree trimming - Clean culvert outfalls - Sediment/Silt Removal - Trash and debris removal - Vegetation removal - Concrete channel repair - Repair access road/ pedestrian access - Fence repair Other Activities: I-80 west downstream to Rosti Street Sediment/Silt Removal: from the lined portion of the channel 190 feet downstream from San Pablo Avenue Outfall Cleaning, Sediment/Silt Removal/ Debris and Trash Removal: Yes Other Activities: No Tier 2 Potentially suitable habitat for sensitive plant species such as soft salty bird's-beak may be present in the channel near San Pablo Bay. Steelhead are present in this stream. However, mowing would not occur in the channel and therefore would not affect these species. Special-status birds may nest in the vicinity of mowing activities, but implementation of BMP BIO-2 would be protective of nesting birds. BIO-1 (Staff Training) BIO-12 (Protection of Special-Status Plants) GEN-1 (Work Windows) BIO-2 (Minimize Impacts to Nesting Birds) Chapter 1. Introduction Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 1-28 October 2020 No. Facility Watershed Sub- watershed Creek City Routine Maintenance Activities Reach Specific Location for Maintenance Activities Potentially Regulated under the Clean Water Act Section 404 Tiered Category Relevant BMPs 7 Rodeo Creek* Rodeo Creek Rodeo Creek Rodeo Creek Rodeo - Manual mowing - Livestock grazing - Culvert clearing/repair - Sediment removal - Vegetation and debris removal Manual Mowing: I-80 to end beginning of concrete channel at 3rd Street. Livestock Grazing: BNSF tracks downstream to I- 80. Culvert Clearing/Repair: I- 80 concrete box culvert and catchment area Sediment and Vegetation Removal: Downstream of I-80 box culvert at the I-80 crossing, scour pool, and channel downstream of the pool and at three weirs/grad control structures Mowing and Grazing: No Culvert Clearing/Repair/ Sediment Removal/ Vegetation Removal: Yes Tier 2 Fish species such as longfin smelt and may be present in the channel. Potential for California red-legged frog (Rana draytonii) in the upper portion of the channel, but this species would not be affected by livestock grazing. GEN-1 (Work Windows) BIO-1 (Staff Training) BIO-3 (Protection of California Red-legged frog) BIO-2 (Minimize Impacts to Nesting Birds) Central Contra Costa County Region 8 West Alamo Creek Alamo Creek West Alamo Creek West Alamo Creek Blackhawk - Sediment removal West Alamo Creek at Blackhawk Meadow Yes Tier 2 California red-legged frog has been documented approximately 1,300 feet upstream of the maintenance site. Sediment removal would occur between June 15th and October 15, when the basin is anticipated to be dry would not be anticipated to provide habitat for California red- legged frog. GEN-1 (Work Windows), BIO-1 (Staff Training), and BIO-3 (Protection of California Red-legged frog), 9 Bettencourt Basin Alamo Creek West Alamo Creek West Alamo Creek Blackhawk - Vegetation removal - Sediment removal - Culvert clearing Other Activities: Bettencourt Basin, 300 feet past Mansfield Drive Sediment Removal: Approximately 50 CY from the basin Yes Tier 2 California red-legged frog has been documented within 0.6 mile of the maintenance site. Sediment removal would occur between June 15th and October 15, when the basin is anticipated to be dry would not be anticipated to provide habitat for California red- legged frog. GEN-1 (Work Windows), BIO-1 (Staff Training), BIO-2 (Minimize Impacts to Nesting Birds), and BIO- 3 (Protection of California Red-legged frog), 10 FCM23 Blackhawk Walnut Creek San Ramon Creek San Ramon Creek Danville - Trash and debris removal - Fallen tree removal Near 3052 Live Oak Court (upstream of Blackhawk Road) No Tier 1 No suitable breeding habitat for special status species and no connectivity to special-status species breeding habitat. Contra Costa County Routine Maintenance Manual Chapter 1. Introduction Contra Costa County Public Works Department October 2020 1-29 No. Facility Watershed Sub- watershed Creek City Routine Maintenance Activities Reach Specific Location for Maintenance Activities Potentially Regulated under the Clean Water Act Section 404 Tiered Category Relevant BMPs 11 Sycamore Creek Walnut Creek San Ramon Creek San Ramon Creek Danville - Trash and debris removal - Fallen tree removal - Vegetation removal Tunbridge Road near Sycamore Valley Road No Tier 1 No suitable breeding habitat for special status species and no connectivity to special-status species breeding habitat. 12 Mossy Oak Basin Walnut Creek San Ramon Creek Tributary of East Green Valley Creek Blackhawk - Vegetation removal - Sediment removal - Culvert cleaning - Concrete repair - Debris removal Other Activities: Mossy Oak Basin, at the end of Mossy Oak Drive. Sediment Removal: Approximately 50 CY from the basin Sediment Removal/Vegetation Removal/ Culvert Cleaning: Yes Other Activities: No Tier 2 Special status species not expected. Three occurrences of California red-legged frog have been observed within 1.5 miles of the site. No suitable breeding habitat is present in the basin. Although this basin is near Alameda whipsnake critical habitat, there is no suitable habitat for this species in the basin. GEN-1 (Work Windows), BIO-1 (Staff Training), and BIO-3 (Protection of California Red-legged frog), 13 Hidden Oak Basin Walnut Creek San Ramon Creek Tributary of East Green Valley Creek Blackhawk - Vegetation removal - Sediment removal - Culvert cleaning - Concrete repair - Debris removal Other Activities: Hidden Oak Basin, north of the cul-de-sac on Hidden Oak Drive Sediment Removal: Approximately 50 CY from the basin Sediment Removal/Vegetation Removal/ Culvert Cleaning: Yes Other Activities: No Tier 2 Special status species not expected. Three occurrences of California red-legged frog have been observed within 1.3 miles of the site. No suitable breeding habitat is present in the basin. Although this basin is near Alameda whipsnake critical habitat, there is no suitable habitat for this species in the basin. GEN-1 (Work Windows), BIO-1 (Staff Training), and BIO-3 (Protection of California Red-legged frog), 14 Canyon Oak Basin Walnut Creek San Ramon Creek Tributary of East Green Valley Creek Blackhawk - Vegetation removal - Sediment removal - Culvert cleaning - Concrete repair - Debris removal Other Activities: Canyon Oak Basin, northeast of the cul-de-sac on Canyon Oak Lane Sediment Removal: Approximately 50 CY from the basin Sediment Removal/Vegetation Removal/ Culvert Cleaning: Yes Other Activities: No Tier 2 Special status species not expected. Three occurrences of California red-legged frog have been observed within 1.1 miles of the site. No suitable breeding habitat is present in the basin. Although this basin is near Alameda whipsnake critical habitat, there is no suitable habitat for this species in the basin. GEN-1 (Work Windows), BIO-1 (Staff Training), and BIO-3 (Protection of California Red-legged frog), Chapter 1. Introduction Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 1-30 October 2020 No. Facility Watershed Sub- watershed Creek City Routine Maintenance Activities Reach Specific Location for Maintenance Activities Potentially Regulated under the Clean Water Act Section 404 Tiered Category Relevant BMPs 15 Green Valley Creek Walnut Creek San Ramon Creek Green Valley Creek Danville - Manual mowing - Tree trimming Diablo Road to Highbridge Lane No Tier 1 No suitable breeding habitat for special status species and no connectivity to special-status species breeding habitat. BIO-2 (Minimize Impacts to Nesting Birds) 16 San Ramon Creek Channel* Walnut Creek San Ramon Creek San Ramon Creek Alamo - Trash and debris removal - Fallen tree removal Brookdale Avenue just north of Danville Boulevard No Tier 1 No suitable breeding habitat for special status species and no connectivity to special-status species breeding habitat. 17 San Ramon Creek at Rudgear Road Walnut Creek San Ramon Creek San Ramon Creek Channel Walnut Creek - Sediment removal - Debris removal - Repair of cracks in concrete channel walls Sediment Removal: Approximately 100 CY from inside the inset box culvert Sediment Removal: No since these activities were previously permitted in 2016. Other Activities: No Tier 1 No suitable breeding habitat present for special-status species and no connectivity to special- status species breeding habitat. 18 Las Trampas Creek Walnut Creek Las Trampas Creek Las Trampas Creek Walnut Creek - Manual mowing Immediately upstream of Freeman Road on the right (south) bank No Tier 1 No suitable breeding habitat for special status species and no connectivity to special-status species breeding habitat. BIO-2 (Minimize Impacts to Nesting Birds) 19 Walnut Creek at Arroyo Way Walnut Creek Walnut Creek Walnut Creek Channel Walnut Creek - Sediment removal - Debris removal - Flap gate maintenance - Cleaning of subdrain vaults Sediment Removal: Approximately 50 CY from where channel transitions from earthen to concrete at the base of access ramp Sediment Removal/Flap Gate Maintenance/ Cleaning Vaults: Yes Debris Removal: No Tier 1 No suitable breeding habitat for special status species and no connectivity to special-status species breeding habitat. 20 Walnut Creek Channel* Walnut Creek Between Pine Creek and Grayson Creek Watersheds Walnut Creek Channel Pleasant Hill - Mechanized mowing - Manual mowing - Livestock grazing - Silt removal Typically occurs along entire channel from Bancroft Road downstream to confluence with Grayson Creek (with the exception of the concrete box channel portion of the reach). Silt Removal: occurs at Bancroft/Imhoff Silt Removal: Yes Mowing/Grazing: No Tier 1 No suitable breeding habitat for special status species and no connectivity to special-status species breeding habitat. BIO-2 (Minimize Impacts to Nesting Birds) Contra Costa County Routine Maintenance Manual Chapter 1. Introduction Contra Costa County Public Works Department October 2020 1-31 No. Facility Watershed Sub- watershed Creek City Routine Maintenance Activities Reach Specific Location for Maintenance Activities Potentially Regulated under the Clean Water Act Section 404 Tiered Category Relevant BMPs 21 Bogue Ranch Lower Basin Walnut Creek San Ramon Creek Tributary of San Ramon Creek Walnut Creek - Sediment removal - Debris removal Sediment and Debris Removal: Approximately 50 CY from Bogue Ranch Lower Basin, east of Bogue Ranch Upper Basin, southeast of the cul-de- sac on Wellington Lane Sediment and Debris Removal: Yes Tier 2 Special status species not expected. Three occurrences of California red-legged frog have been observed within 0.7 mile of the site. No suitable breeding habitat is present in the basin. Sediment removal would occur between June 15th and October 15, when the basin is anticipated to be dry would not be anticipated to provide habitat for California red-legged frog. GEN-1 (Work Windows), BIO-1 (Staff Training), BIO-2 (Minimize Impacts to Nesting Birds), and BIO- 3 (Protection of California Red-legged frog), 22 Bogue Ranch Upper Basin Walnut Creek San Ramon Creek Tributary of San Ramon Creek Walnut Creek - Trash rack maintenance - Sediment removal Sediment Removal: Approximately 50 CY from Bogue Ranch Upper Basin west of Canterbury Court Yes Tier 2 Special status species not expected. Two occurrences of California red-legged frog have been observed within 0.3 mile of the site. No suitable breeding habitat is present in the basin. Sediment removal would occur between June 15th and October 15, when the basin is anticipated to be dry would not be anticipated to provide habitat for California red-legged frog. GEN-1 (Work Windows), BIO-1 (Staff Training), BIO-2 (Minimize Impacts to Nesting Birds), and BIO- 3 (Protection of California Red-legged frog), Chapter 1. Introduction Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 1-32 October 2020 No. Facility Watershed Sub- watershed Creek City Routine Maintenance Activities Reach Specific Location for Maintenance Activities Potentially Regulated under the Clean Water Act Section 404 Tiered Category Relevant BMPs 23 Pine Creek Reservoir Walnut Creek Pine Creek Pine Creek Walnut Creek - Trash rack maintenance - Livestock grazing - Vegetation removal - Sediment removal - Weed abatement Trash Rack Maintenance: upstream face of Pine Creek Dam Livestock Grazing: Face of dam Vegetation/ Sediment Removal: Approximately 50 CY from downstream of dam Weed Abatement: Upstream face of dam Trash Rack Maintenance/ Vegetation/ Sediment Removal: Yes Grazing/Weed Abatement: No Tier 2 Special status species not expected. Two occurrences of California red-legged frog have been observed approximately 1.7 miles south of the site. One occurrence is from 1994 from a spring-fed pond and the other is a 2006 occurrence at a man-made pond. Potentially suitable aquatic habitat for California tiger salamander is present upstream of the dam. Grazing animals are excluded from active channels and water sources; therefore, trash rack and grazing activities would not be expected to impact these species. Trash rack maintenance typically occurs during the dry season (when these species is not anticipated to be present in the work areas) but may occur during the wet season if it gets clogged with debris. The closest Alameda whipsnake occurrence is approximately 1,500 feet southeast of the reservoir. Neither the dam nor the reservoir support suitable core habitat for Alameda whipsnake, however it is possible that dispersal could occur across these areas. GEN-1 (Work Windows), BIO-1 (Staff Training), BIO-2 (Minimize Impacts to Nesting Birds), BIO-3 (Protection of California Red-legged frog), BIO-6 (Protection of California Tiger Salamander), and BIO- 10 (Protection of Alameda Whipsnake). 24 Pine Creek Basin (Kubicek Basin) Walnut Creek Pine Creek Pine Creek Walnut Creek - Livestock grazing - Manual mowing - Mechanized mowing - Silt removal Mowing and Grazing: Throughout the basin Silt Removal: At basin culvert Mowing and Grazing: No Silt Removal: Yes Tier 2 Special status species not expected. Two occurrences of California red-legged frog have been observed approximately 1.6 miles south of the site (see Site 17 for details above). Grazing animals are allowed in active channels during the dry season when no water is present; therefore, maintenance activities would not be expected to impact this species. Trash rack maintenance may occur during the wet season if it gets clogged with debris. GEN-1 (Work Windows), BIO-1 (Staff Training), BIO-2 (Minimize Impacts to Nesting Birds), and BIO-3 (Protection of California Red-legged frog) Contra Costa County Routine Maintenance Manual Chapter 1. Introduction Contra Costa County Public Works Department October 2020 1-33 No. Facility Watershed Sub- watershed Creek City Routine Maintenance Activities Reach Specific Location for Maintenance Activities Potentially Regulated under the Clean Water Act Section 404 Tiered Category Relevant BMPs 25 Pine Creek Box Culvert Walnut Creek Pine Creek Pine Creek Walnut Creek - Sediment/silt removal - Trash rack maintenance Trash Rack Maintenance: At primary upstream entrance to the culvert Sediment/silt Removal: Approximately 1,100 CY from the culvert located immediately downstream of the trash rack covering the upstream end of the box culvert and at the outlet. Yes Tier 2 Special status species not expected. Two occurrences of California red-legged frog have been observed approximately 1.7 miles south of the site (see Site 17 for details above). Sediment removal would occur between June 15th and October 15, when the channel is anticipated to be dry and the culvert would not be anticipated to provide habitat for California red-legged frog. GEN-1 (Work Windows), BIO-1 (Staff Training), and BIO-3 (Protection of California Red-legged frog) 26 Pine Creek Channel Walnut Creek Pine Creek Pine Creek Walnut Creek - Mechanized mowing - Manual mowing - Vegetation removal Mechanized & Manual Mowing: Valley Vista Road, Walnut Creek downstream to San Miguel Road, Concord. Vegetation Removal: Cattail removal within channel Mowing: No Vegetation Removal: Yes Tier 2 Stray steelhead could be present, but there is no breeding habitat or connectivity to breeding habitat. This species is not anticipated to be present during the work window (June 15 – October 15) due to shallow flows, high water temperatures, and lack of suitable habitat. GEN-1 (Work Windows), BIO-2 (Minimize Impacts to Nesting Birds) 27 Pine Creek Concrete Channel Walnut Creek Pine Creek Pine Creek Concord - Debris and trash removal - Flap gate maintenance - Subdrain maintenance - Silt removal Debris and Trash Removal: End of concrete channel to Willow Pass Road Flap Gate Maintenance: Concrete channel from Lane Drive downstream to end of channel at Waterworld. Subdrain Maintenance: Concrete channel at subdrain structure Silt Removal: At concrete drop structure Debris and Trash Removal: No Flap Gate/Subdrain Maintenance/Silt Removal: Yes Tier 2 Stray steelhead could be present during some portions of the year, but there is no breeding habitat or connectivity to breeding habitat. This species is not anticipated to be present during the work window (June 15 – October 15) due to shallow flows, high water temperatures, and lack of suitable habitat in the concrete channel. GEN-1 (Work Windows), BIO-1 (Staff Training), and GEN-2 (Minimize the Area of Disturbance) Chapter 1. Introduction Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 1-34 October 2020 No. Facility Watershed Sub- watershed Creek City Routine Maintenance Activities Reach Specific Location for Maintenance Activities Potentially Regulated under the Clean Water Act Section 404 Tiered Category Relevant BMPs 28 Lower Pine Creek Walnut Creek Pine Creek Pine Creek Concord - Sediment removal - Vegetation and debris removal Sediment Removal: Approximately 200 CY from downstream of concrete channel at Waterworld No since this activity was previously permitted in 2016. Tier 2 Stray steelhead could be present during some portions of the year, but there is no breeding habitat or connectivity to breeding habitat. This species is not anticipated to be present during the work window (June 15 – October 15) due to shallow flows, high water temperatures, and lack of suitable habitat in the concrete channel. GEN-1 (Work Windows), BIO-1 (Staff Training), and GEN-2 (Minimize the Area of Disturbance) 29 Ygnacio Valley Drain DA128 DA128 DA128 Concord, Walnut Creek - Manual mowing Contra Costa County Water District (CCCWD) trail crossing (south of Treat Boulevard) downstream to Pine Creek channel. No Tier 1 No suitable breeding habitat for special status species and no connectivity to special-status species breeding habitat BIO-2 (Minimize Impacts to Nesting Birds) 30 Galindo Creek Lined Channel Walnut Creek Pine Creek Watershed Galindo Creek Concord - Flap gate maintenance - Debris and trash removal - Sediment removal - Concrete channel repair Other Activities: San Miguel Drive downstream to confluence with Pine Creek Sediment Removal: Periodic removal of 1 to 5 CY in channel Sediment Removal/Flap Gate Maintenance/Concrete Channel Repair: Yes Debris and Trash Removal: No Tier 1 No suitable breeding habitat for special status species and no connectivity to special-status species breeding habitat (this creek is upstream of complete barriers to fish passage). 31 Grayson Creek* Walnut Creek Grayson Creek Grayson Creek Pleasant Hill - Sediment removal - Mechanized mowing - Manual mowing - Livestock grazing - Flap gate maintenance Sediment Removal: Approximately 350 CY from concrete channel, between Chilpancingo Pkwy and Viking Drive Grazing/Mowing: Occurs along the right-of-way and banks. Flap Gate Maintenance: on culverts that drain into the channel Sediment Removal/Flap Gate Maintenance: No since sediment removal activities planned south of Viking Drive were previously permitted in 2016. Mowing/Grazing: No Tier 1 No suitable breeding habitat for special status species and no connectivity to special-status species breeding habitat. BIO-2 (Minimize Impacts to Nesting Birds) Contra Costa County Routine Maintenance Manual Chapter 1. Introduction Contra Costa County Public Works Department October 2020 1-35 No. Facility Watershed Sub- watershed Creek City Routine Maintenance Activities Reach Specific Location for Maintenance Activities Potentially Regulated under the Clean Water Act Section 404 Tiered Category Relevant BMPs 32 Clayton Valley Drain Walnut Creek Clayton Drain Clayton Drain Concord - Mechanized mowing - Manual mowing - Culvert maintenance - Sediment removal - Debris and trash removal Mowing: Along the right- of-way and channel from the confluence to Walnut Creek upstream to the grade control structure, approximately 1,500 feet upstream of Solano Way. Culvert Maintenance: Four culverts at Solano Way Sediment Removal: Culvert outfalls at Solano Way and where channel narrows downstream of the Iron Horse Regional Trail Debris and Trash Removal: Within riparian corridor Culvert Maintenance/Sediment Removal: Yes Mowing/Debris and Trash Removal: No Tier 1 No suitable breeding habitat for special status species and no connectivity to special-status species breeding habitat. BIO-2 (Minimize Impacts to Nesting Birds) 33 Viano Basin Vine Hill Creek Vine Hill Creek Vine Hill Creek Martinez - Trash rack maintenance - Cattail removal - Mechanized mowing - Manual mowing - Sediment removal - Culvert maintenance Mowing: Within right-of- way along access road/ramp adjacent to culvert intake area at the northeast side of the basin Cattail Removal: Near culvert intake areas and within channel/basin Other Activities: At culverts and within Viano Basin Sediment Removal: Approximately 50 CY from the basin Trash Rack Maintenance/ Sediment Removal/ Cattail Removal/Culvert Maintenance: Yes Mowing: No Tier 1 No suitable breeding habitat for special status species and no connectivity to special-status species breeding habitat. BIO-2 (Minimize Impacts to Nesting Birds) 34 Pacheco Creek Pacheco Creek Pacheco Creek Pacheco Creek Martinez - Manual mowing - Livestock grazing - Flap gate maintenance - Cleaning culvert outfalls - Cattail removal Mowing/Livestock Grazing: Within right-of- way along the banks and access roads on both sides of the channel Cleaning Culvert Outfalls: Pacheco Boulevard culvert outfall Cattail Removal: I-680 south on-ramp d/s to I- 680, Martinez. Flap Gate/Culvert Maintenance/Cattail Removal: Yes Mowing/ Grazing: No Tier 1 No suitable breeding habitat for special status species and no connectivity to special-status species breeding habitat. The closest occurrence of California clapper rails and salt marsh harvest mouse is approximately 1 mile away, and there is no suitable habitat for these species in the vicinity of the maintenance activities. BIO-2 (Minimize Impacts to Nesting Birds) Chapter 1. Introduction Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 1-36 October 2020 No. Facility Watershed Sub- watershed Creek City Routine Maintenance Activities Reach Specific Location for Maintenance Activities Potentially Regulated under the Clean Water Act Section 404 Tiered Category Relevant BMPs East Contra Costa County Region 35 Marsh Creek Reservoir Marsh Creek Upper Marsh Creek Marsh Creek Brentwood - Grading access road - Ditch cleaning (sediment) - Remove debris for flow - Rodent hole abatement Other Activities: Marsh Creek Reservoir, just west of Marsh Creek Road Ditch Cleaning: Approximately 100 CY of sediment from the reservoir Ditch Cleaning: Yes Other Activities: No Tier 3 (covered by HCP/NCCP) California tiger salamander, California red-legged frog, and western pond turtle GEN-1 (Work Windows), BIO-1 (Staff Training), BIO-2 (Minimize Impacts to Nesting Birds) BIO-3 (Protection of California Red-legged Frog) BIO-6 (Protection of California Tiger Salamander) BIO-8 (Protection of Western Pond Turtle) 36 Dry Creek Reservoir Marsh Creek Lower Marsh Creek Dry Creek Brentwood - Cattail removal - Remove debris for flow - Rodent hole abatement - Spraying slopes of creek - Landscape maintenance - Aquatic spraying - Livestock grazing - Right of way (ROW) mowing - Manual mowing - Grading access road - Clean catch basins Dry Creek Reservoir, adjacent to and west of Deer Ridge Golf Club, Brentwood. Other Activities: Yes Landscape Maintenance/ Grazing/ Mowing: No Tier 3 (covered by HCP/NCCP) Western burrowing owl, western pond turtle, special-status (alkaline wetland) plants A tricolored blackbird was observed at a cattail wetland near the work area at Augusta Drive and Spyglass Drive during the site visit GEN-1 (Work Windows), BIO-1 (Staff Training), BIO-2 (Minimize Impacts to Nesting Birds) BIO-7 (Protection of Western Burrowing Owl) BIO-8 (Protection of Western Pond Turtle) BIO-9 (Protection of Tricolored Blackbird) BIO-12 (Protection of Special-status Plants) 37 Dry Creek Basin Marsh Creek Lower Marsh Creek Dry Creek Brentwood - Spraying access roads - Remove debris for flow - Spraying slopes of creeks Dry Creek Basin, east of Claremont Drive to Marsh Creek Regional Trail No Tier 2 BIO-2 (Minimize Impacts to Nesting Birds) Contra Costa County Routine Maintenance Manual Chapter 1. Introduction Contra Costa County Public Works Department October 2020 1-37 No. Facility Watershed Sub- watershed Creek City Routine Maintenance Activities Reach Specific Location for Maintenance Activities Potentially Regulated under the Clean Water Act Section 404 Tiered Category Relevant BMPs 38 Dry Creek Marsh Creek Lower Marsh Creek Dry Creek Brentwood - Spraying access roads - Spraying slopes of creeks - Aquatic spraying - Manual mowing - Grading access roads - Remove debris for flow - Cattail removal - Clean catch basin - ROW mowing Starting at Arlington Way, Brentwood, east to confluence with Marsh Creek. Spraying/Cattail Removal/Cleaning Catch Basin: Yes Other Activities: No Tier 2 BIO-2 (Minimize Impacts to Nesting Birds) BIO-8 (Protection of Western Pond Turtle) 39 Deer Creek Reservoir Marsh Creek Lower Marsh Creek Deer Creek Brentwood - Remove debris for flow - Rodent hole abatement - Livestock grazing - ROW mowing South side of Balfour Road, approximately 5,000 feet east of Deer Valley Road, Brentwood No Tier 3 (covered by HCP/NCCP) California tiger salamander, California red-legged frog, and western pond turtle BIO-2 (Minimize Impacts to Nesting Birds) BIO-3 (Protection of California Red-legged Frog) BIO-6 (Protection of California Tiger Salamander) BIO-8 (Protection of Western Pond Turtle) 40 Deer Creek Basin Marsh Creek Lower Marsh Creek Deer Creek Brentwood - Spraying access roads - Spraying slopes of basin - Remove debris for flow - Silt removal - ROW mowing - Mow fire break around edge Deer Creek Basin, adjacent to and east of Fairview Avenue and just south of Buena Vista Street, Brentwood Silt Removal: At primary spillway outlet and low flow channel Silt Removal: Yes Other Activities: No Tier 2 BIO-2 (Minimize Impacts to Nesting Birds) 41 Deer Creek Marsh Creek Lower Marsh Creek Deer Creek Brentwood - Spraying access roads - Spraying slopes of creeks - Aquatic spraying - ROW mowing - Manual mowing - Grading access roads - Remove debris for flow - Silt removal From Fairview Avenue to confluence with Marsh Creek Silt Removal: At culverts at Minnesota Ave and San Jose Ave Silt Removal/Spraying: Yes Other Activities: No Tier 2 BIO-2 (Minimize Impacts to Nesting Birds) BIO-8 (Protection of Western Pond Turtle) Chapter 1. Introduction Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 1-38 October 2020 No. Facility Watershed Sub- watershed Creek City Routine Maintenance Activities Reach Specific Location for Maintenance Activities Potentially Regulated under the Clean Water Act Section 404 Tiered Category Relevant BMPs 42 Upper Sand Creek Basin Marsh Creek Lower Marsh Creek Marsh Creek Antioch - Ditch cleaning - Cattail removal - Sediment removal - Concrete channel clean - Remove debris for flow - Livestock grazing Other Activities: Upper Sand Creek Basin, two miles west of Lower Sand Creek Basin. Sediment Removal: Approximately 500 CY from basin Other Activities: Yes Grazing: No Tier 2 BIO-2 (Minimize Impacts to Nesting Birds) BIO-8 (Protection of Western Pond Turtle) 43 Lower Sand Creek Basin Marsh Creek Lower Marsh Creek Marsh Creek Brentwood - Livestock grazing - Cattail removal - Debris cleanup - Spraying access roads - Manual mowing South of Old Sand Creek Road, west of Fairview Avenue, Brentwood. Cattail Removal: Yes Grazing/Mowing/Debris Cleanup/Spraying Access Roads: No Tier 2 BIO-2 (Minimize Impacts to Nesting Birds) BIO-8 (Protection of Western Pond Turtle) 44 Line E Marsh Creek Lower Marsh Creek DA 30C Brentwood - Spraying access roads - Spraying slopes of creeks - Aquatic spraying - ROW mowing - Grading access roads Starting at Ascot Place, Brentwood, and going south to the confluence with Line E1. Aquatic Spraying: Yes Other Activities: No Tier 2 BIO-2 (Minimize Impacts to Nesting Birds) BIO-8 (Protection of Western Pond Turtle) 45 Line E1 Marsh Creek Lower Marsh Creek DA 30C Brentwood - Spraying access roads - Spraying slopes of creeks - Aquatic spraying - ROW mowing - Grading access roads - Sediment removal Other Activities: Starting at Lone Tree Way, Brentwood, and going southeast, then east to the confluence with Marsh Creek. Sediment Removal: Approximately 150 CY from the channel Sediment Removal/Aquatic Spraying: Yes Other Activities: No Tier 2 BIO-2 (Minimize Impacts to Nesting Birds) BIO-8 (Protection of Western Pond Turtle) Notes: *Portions of these channels are USACE flood control channel that the County maintains. Contra Costa County Public Works Department October 2020 2-1 Chapter 2 Regulatory Framework This chapter describes environmental regulations and permitting processes that apply to Contra Costa County’s (County’s) routine maintenance activities at County flood control facilities. Agencies with regulatory authority over maintenance activities include the U.S. Army Corps of Engineers (USACE), U.S. Fish and Wildlife Service (USFWS), National Marine Fisheries Service (NMFS), State Historic Preservation Office (SHPO), California Regional Water Quality Control Board (RWQCB) Region 2 – San Francisco Bay, RWQCB Region 5 – Central Valley, California Department of Fish and Wildlife (CDFW), and San Francisco Bay Conservation and Development Commission (BCDC). This chapter also describes compliance with the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). The following sections describe the regulatory background for the County’s routine maintenance activities; summarize recently permitted maintenance activities; and describe each agency’s regulatory authority, and its permitting process. Regulatory Background and CDFW RMA 2011-2019 Currently, the County conducts their routine maintenance activities in compliance with a Section 1602 Routine Maintenance Agreement (RMA), which the County established with CDFW in 2011. The RMA (Notification No. 1600-2010-0367-R3) provides guidance, terms, and conditions for implementation of vegetation management, sediment removal, culvert and channel maintenance activities, and other minor routine maintenance activities, required impact avoidance and minimization approaches, and notification responsibilities. The RMA is provided in Appendix A. Key provisions of the RMA require:  Allows year-round activities such as debris removal and limited vegetation management including cattail removal (September through November) and chemical mowing (i.e., application of herbicide to retard growth) (December through February)  Submittal of quarterly notification reports of proposed activities  Submittal of biological surveys that were conducted for maintenance activities  Submittal of semiannual reports of completed projects (due December 15 for work completed from April 15 – October 31, and May 29 for work completed from November 1 – April 14)  Work window restrictions: - Special-status species habitat: June 15 – October 15 - All other creeks: April 15 to October 31 - No construction work if storm event predicted within 72 hours of work Chapter 5. Flood Control Facility Maintenance Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 2-2 October 2020  No trees greater than 6 inches dbh may be removed except if they are blocking flow or restricting the capacity of the channel  Replacement of native trees at a 3:1 ratio and replacement of non-native trees at a 1:1 ratio  Annual revegetation monitoring for five years; at end of the fifth year, ensure that all plantings achieve 80% survival The RMA also includes wildlife pre-work survey requirements, dewatering restrictions, and herbicide application restrictions. East Contra Costa County Habitat Conservation Plan/ Natural Community Conservation Plan (HCP/NCCP) The East Contra Costa County HCP/NCCP was developed to provide regional conservation and development guidelines to protect natural resources. The HCP/NCCP provides “take” coverage for 28 special-status species, including 17 federally protected species. The HCP/NCCP covers 174,018 acres and authorizes up to 11,853 acres of development impacts in the Cities of Brentwood, Clayton, Oakley, and Pittsburg, and areas managed by Contra Costa County, Contra Costa Water District and the East Bay Regional Park District in east Contra Costa County. Covered activities include: residential, commercial, industrial, institutional, and other urban development and associated infrastructure; recreation projects; flood control detention basins, reservoirs, channels, and related facilities; transportation projects; wetland and stream restoration; utility projects; and maintenance, repair, rehabilitation or replacement of previously authorized activities. The HCP/NCCP’s Preserve System includes acquisition of up to 30,300 acres of land to protect the 28 covered species and their habitats. The HCP/NCCP has been implemented by the East Contra Costa County Habitat Conservancy, the joint powers of authority formed by the participating agencies, since 2008. The U.S. Army Corps of Engineers, Sacramento District issued a Regional General Permit for the HCP/NCCP in 2012 (Permit No. SPK-2001-00147) and reissued the permit in 2017. The Regional General Permit expires June 6, 2022 (provided in Appendix B of the Contra Costa County Routine Maintenance Manual [this Manual]). The HCP/NCCP covers construction, maintenance, and use of flood control and stream-related facilities including dams, armored creeks, detention ponds, streams, and urban stream restoration projects within unincorporated and incorporated areas in the east county, including within the City of Antioch. The HCP/NCCP also includes capital improvement projects to construct and expand detention basins, reservoirs, and channels. Covered activities under the HCP/NCCP must adhere to best management practices and avoidance and minimization measures identified in the Chapter 6, Conditions on Covered Activities. Operation and maintenance of flood protection facilities in East County, including within the City of Antioch, are also covered under the HCP/NCCP. The following covered maintenance activities for flood protection facilities are included in Section 2.3.3, Rural Infrastructure Operation and Contra Costa County Routine Maintenance Manual Chapter 5. Flood Control Facility Maintenance Contra Costa County Public Works Department October 2020 2-3 Maintenance Activities, under subsection “Flood Protection Facility Operation and Maintenance” of the HCP/NCCP:  Cleaning concrete channels.  Dam maintenance.  Ditch cleaning.  Flapgate servicing.  Grading access roads as needed to maintain access and safety.  Maintaining and cleaning hydraugers.  Mowing, herbicide use, or tree trimming for vegetation control as needed to maintain design flood capacity, fire hazard reduction, or safety of : - channels and reservoirs, - uplands in reservoir basins - access roads, - levees, or - within rights-of-way. - Note: the use of herbicides is not covered by the federal permit and therefore its use cannot result in take of federally listed species.  Maintaining landscaping along flood control channels and other facilities.  Removing debris or log jams from channels, reservoirs, or trash racks.  Rodent control on levees, dams, and other structures to ensure structural integrity including rock placement and limited pesticide use (the use of pesticides is not covered by the federal permit and therefore its use cannot result in take of federally listed species).  Repair or replacement of drainage structures, fences, or retaining walls.  Repair of channel banks damaged by erosion or slope failure.  Silt removal within non-tidal areas of natural channels or reservoirs to maintain design flood capacity; activity may include temporary dewatering to allow silt removal (silt removal in Marsh Creek Reservoir is not a covered activity because of the potential to mobilize high concentrations of mercury in the sediment).  Sub drain servicing.  Emergency cleanup of material spills into channels, creeks, or reservoirs. The following covered routine road maintenance activities are covered in Section 2.3.3, Rural Infrastructure Operation and Maintenance Activities, under the subsection “Road Operation and Maintenance” of the HCP/NCCP: Chapter 5. Flood Control Facility Maintenance Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 2-4 October 2020  Signage maintenance or replacement.  Traffic control device maintenance or replacement.  Guardrail, fence, or crash cushion inspection, maintenance, or replacement (median or shoulder barriers should be replaced with structures that are both safe for vehicles and compatible with wildlife movement whenever possible; replacement should at least not make wildlife movement more difficult).  Pavement maintenance or resurfacing.  Replacing pavement striping or markers.  Tree trimming or removal for safety.  Debris removal on roads, trash racks, and shoulders.  Natural disaster damage repair.  Storm damage repair.  Vehicle accident repair and cleanup.  Weed control (the use of herbicides is not covered by the federal permit and therefore its use cannot result in take of federally listed species).  Mowing of medians and shoulders for fire hazard reduction.  Grading shoulders (up to 12 feet from the edge of paved or unpaved roadways).  Grading existing dirt roadways.  Repair or replacement of retaining walls.  Culvert or drop structure maintenance, repair, retrofit, or replacement.  Curb, gutter, and sidewalk maintenance, repair, retrofit, or replacement.  Bridge repair and maintenance.  Ditch, catch basin, or hydraugers clearing.  Landscaping maintenance.  Other routine road operations and maintenance activities approved for coverage by USFWS and CDFW. The list of covered activities in the HCP/NCCP includes all of the routine maintenance activities as described in this Manual and would be performed in the East County region. Some of these activities occur in urban and non-wetland areas that would result in minor and temporary impacts (e.g., less than 0.05 acre or 100 linear feet). Such activities (e.g., mowing, herbicide use, and tree trimming in non-wetland, already disturbed areas) do not require payment of HCP fees and are subject to the HCP/NCCP’s best management practices (BMPs) and avoidance and minimization measures included in Chapter 6 of the HCP/NCCP. However, some HCP/NCCP-covered maintenance activities conducted under the Contra Costa County Routine Contra Costa County Routine Maintenance Manual Chapter 5. Flood Control Facility Maintenance Contra Costa County Public Works Department October 2020 2-5 Maintenance Program (Maintenance Program or Program) in East County have the potential to result in take and would be considered a Tier 3 activity as defined in Chapter 1 of this Manual. These types of maintenance activities would be permitted through the standard HCP/NCCP process and may be subject to temporary impact fees and wetland impact fees. Example activities that may be subject to temporary impact fees include channel repair, sediment removal, and vegetation removal on creek corridors; and maintenance of flood control detention basins. Before conducting covered activities listed in the HCP/NCCP, the County would be required to complete and submit application materials to the East Contra Costa County Habitat Conservancy. Application materials that must be submitted include an application form for coverage under the HCP/NCCP, survey report, a wetland delineation report if jurisdictional wetlands and/or waters are present on the site, and documentation describing how the County would adhere to the applicable BMPs and avoidance and minimization measures identified in Chapter 6, Conditions on Covered Activities, of the HCP/NCCP (provided in Appendix C of this Manual). Permits and Authorizations Required for Routine Maintenance Program The following sections describe the relevant regulations under agency authority and the permits and authorizations that are required for the Maintenance Program. 2.3.1 U.S. Army Corps of Engineers Clean Water Act - Section 404 Section 404 of the Clean Water Act (CWA) prohibits the discharge of dredged and fill materials into waters of the United States (U.S.), including wetlands and other aquatic habitat below the ordinary high water mark (OHWM), without prior USACE authorization. “Discharge of dredged material” and “discharge of fill material” are defined in Title 33, Section 323.2 of the Code of Federal Regulations (33 CFR Section 323.2). “Waters of the U.S.,” including “wetlands,” are defined in 33 CFR Section 328.3. USACE jurisdiction in wetlands and other waters of the United States (U.S.) is briefly summarized below. Wetlands USACE regulates wetlands, defined as those areas that are inundated or saturated by surface water or groundwater 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. USACE jurisdiction extends to the limits of wetlands, which are delineated following the methodologies outlined in USACE’s 1987 Wetland Delineation Manual and its 2008 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region. Wetlands (both tidal and non-tidal) are present in many portions of the Program area where maintenance activities may occur. Chapter 5. Flood Control Facility Maintenance Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 2-6 October 2020 Non-wetland “Other” Waters of the U.S. In non-tidal waters without wetlands present, USACE jurisdiction extends to the OHWM; when non-isolated wetlands are present, the jurisdiction extends beyond the OHWM to the boundary of those wetlands. In tidal waters, the landward limit of jurisdiction extends to the high tide line or when adjacent non-tidal waters of the U.S. are present, the jurisdiction extends to limits identified for non-tidal waters of the U.S. In the Program area, non-tidal and tidal non-wetland waters include creeks, channels, ditches, ponds, and lakes. These jurisdictional waters are categorized as “other” waters by the USACE. Non-regulable Discharges of Dredge Material As described in 33 Code of Federal Regulations (CFR) Section 323.2, “incidental fallback” is not considered a discharge of dredge material for the purposes of CWA. While no regulatory definition of incidental fallback currently exists, in general, it refers to the small volumes of dredge material that become redeposited within waters of the U.S. during dredging or excavation activities. For instance, when using a clamshell dredge, some small portion of the sediment collected by the clamshell falls out of the clamshell and becomes redeposited within waters of the U.S. As a result, the incidental fallback associated with excavating sediment from an earthen channel using long-reach excavators or similar equipment from a top-of-bank location or within the channel would not be regulated by USACE under CWA Section 404. This assumes that the removed sediment would not be stockpiled in the channel or within waters of the U.S. In contrast, equipment that moves dredged material from one place to another within waters of the U.S. before removal of the dredged material (for instance, a bulldozer) would be subject to regulation under CWA Section 404. Clean Water Act Section 404 Regional General Permit As mentioned above, portions within East County are within the limits of the HCP/NCCP, which has its own Regional General Permit (RGP) (Permit No. SPK-2001-00147) that expires in 2022. For West and Central County, the USACE will issue a RGP for maintenance activities conducted under the Maintenance Program, under the authority of CWA Section 404 (33 U.S. Code [USC] Section 1344) and in accordance with provisions of “Regulatory Programs of the Corps of Engineers” (33 CFR Section 323.2[h]) for activities that are substantially similar in nature and cause only minimal individual and cumulative environmental impacts. The RGP will be valid for 5 years from the date of issuance and may be renewed at USACE’s discretion. Although the Maintenance Program is consistent with the HCP/NCCP RGP, the County expects to submit two notifications to USACE: (1) an annual notification to USACE for maintenance activities occurring within the limits of the HCP/NCCP in East County (per Permit No. SPK-2001-00147), and (2) an annual notification for the County’s maintenance activities conducted in West and Central County, which will be subject to the terms of the Maintenance Program’s forthcoming RGP. The County will confirm USACE’s annual notification requirements for proposed maintenance activities in the various County regions throughout the Maintenance Program’s permitting process. Contra Costa County Routine Maintenance Manual Chapter 5. Flood Control Facility Maintenance Contra Costa County Public Works Department October 2020 2-7 Compliance with additional regulations, including consultations with other federal and state agencies, may be required by USACE before its issuance of the RGP. These regulations may include the following:  Endangered Species Act (ESA)  Fish and Wildlife Coordination Act (FWCA)  Migratory Bird Treaty Act (MBTA)  Bald and Golden Eagle Protection Act (BGEPA)  Magnuson-Stevens Fishery Conservation and Management Act (MSA)  Section 106 of the National Historic Preservation Act (NHPA)  Section 401 of CWA  National Environmental Policy Act (NEPA) USACE will initiate ESA and NHPA consultations with the appropriate federal agency partners as part of the RGP permit process. ESA compliance will be achieved through a Section 7 consultation process as requested by USACE with USFWS and NMFS (as described below under the heading “Federal Endangered Species Act – Section 7 Consultation”). FWCA compliance will be achieved through an FWCA report, such as a Biological Opinion, prepared by USFWS. NHPA compliance will occur as described below under the heading “National Historic Preservation Act – Section 106” CWA Section 401 compliance will be completed through programmatic 401 Water Quality Certifications from the San Francisco Bay and Central Valley RWQCBs (as described in Section 2.3.4, under the heading “Clean Water Act Section 401”.) NEPA compliance will be achieved by USACE’s preparation of an Environmental Assessment (EA) as part of the RGP process. A finding of no significant impact (FONSI) is anticipated for the EA. In April 2008, U.S. Environmental Protection Agency (USEPA) and USACE issued regulations governing compensatory mitigation for activities authorized by USACE permits (40 CFR Part 230, 33 CFR Parts 325 and 332). The 2008 “Mitigation Rule” adopted standards to improve the planning, implementation, and management of compensatory mitigation projects through several means:  emphasizing a watershed approach in selecting locations for those projects;  requiring measurable, enforceable ecological performance standards and regular monitoring;  stipulating timing requirements for mitigation project implementation; and  specifying the components of a complete compensatory mitigation plan (including assurances of long-term protection of compensation sites, financial assurances, and identification of the parties responsible for specific project tasks). The Mitigation Rule advised that compensatory mitigation projects (i.e., permittee-responsible compensatory mitigation, mitigation banks, and in-lieu fee mitigation) require written mitigation plans with the following components: objectives; site selection criteria; site protection Chapter 5. Flood Control Facility Maintenance Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 2-8 October 2020 instruments (e.g., conservation easements); baseline information (for impact and compensation sites); credit determination methodology; mitigation work plan; maintenance plan; ecological performance standards; monitoring requirements; long-term management plan; adaptive management plan; and financial assurances. The County will provide compensatory mitigation for impacts to waters of the U.S. in accordance with the Mitigation Rule, as described in Chapter 8, Program Mitigation. National Historic Preservation Act – Section 106 Section 106 of the NHPA of 1966, as amended, requires federal agencies to take into account the effects of their undertakings on historic properties, which are cultural resources that are listed, or are eligible for listing, in the National Register of Historic Places (NRHP). Historic properties can include buildings, historic-era and prehistoric archaeological sites, objects, districts, and landscapes. The NHPA authorizes the Secretary of the Interior to expand and maintain the NRHP, and the Secretary has established an Advisory Council on Historic Preservation (ACHP) as an independent federal entity to develop and oversee the nation’s preservation policies. Section 106 of the NHPA requires federal agencies to afford the ACHP a reasonable opportunity to comment before licensing or approving the expenditure of funds on any undertaking that may affect historic properties, and it requires federal agencies to coordinate with the SHPO in the state where the proposed action will take place. When issuing an RGP to the County to discharge fill into waters of the U.S. under the authority of CWA Section 404, USACE must comply with Section 106 of the NHPA because an RGP would be an undertaking by USACE as defined under Interim Guidance for Implementing Title 33, CFR Part 325, Appendix C, and under Title 36, CFR Part 800.16(y). Title 33, CFR Part 325, Appendix C establishes the procedures to be followed by USACE to fulfill NHPA requirements. For this Maintenance Program, USACE would initiate the Section 106 of the NHPA consultation process with SHPO for the majority of maintenance activities (for West and Central County). For maintenance activities that occur in East County, as part of the notification package, the County would be required to submit a cultural resource survey report prepared in accordance with Section 106 of the NHPA and USACE would initiate the consultation process with SHPO, as appropriate. All earth-disturbing activities that are conducted under the Maintenance Program within USACE jurisdiction must demonstrate compliance with Section 106 of the NHPA. Maintenance activities that would not result in any ground disturbance to previously undisturbed areas (e.g., concrete- lined channels where belowground excavation or silt removal would not occur at depths beyond previously excavated depths) would not require Section 106 consultation. Federal Endangered Species Act – Section 7 Consultation The federal ESA was enacted in 1973 to protect plant and wildlife species at risk of extinction as determined by USFWS. Species are protected through listing under the ESA as either threatened or endangered. An endangered species is at risk of extinction throughout all or a significant portion of its range (ESA Section 3[6]). A threatened species is likely to become endangered within the foreseeable future (ESA Section 3[19]). Contra Costa County Routine Maintenance Manual Chapter 5. Flood Control Facility Maintenance Contra Costa County Public Works Department October 2020 2-9 In Chapter 4 of this Manual, Table 4-1 lists special-status plants and Table 4-2 identifies special- status wildlife that may occur in the Maintenance Program area, including those that are recognized by federal and state agencies as threatened or endangered. ESA Section 9 prohibits the “take” of any fish or wildlife species listed under the ESA as endangered. Take of threatened species is also prohibited under ESA Section 9 unless otherwise authorized by federal regulations. Take, as defined by the ESA, means “to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.” Harm is defined as “any act that kills or injures the species, including significant habitat modification.” In addition, ESA Section 9 prohibits the “removal or reduction to possession” of any listed plant species “under federal jurisdiction” (i.e., on federal land). The ESA includes three mechanisms that provide exceptions to the ESA Section 9 take prohibitions: ESA Section 7 consultation, ESA Section 10, and issuing ESA Section 4(d) rules. ESA Section 7 consultation is most relevant to the County’s maintenance activities in West and Central County because it allows for take coverage of federal actions. ESA Section 7 provides a means for authorizing take of threatened and endangered species by federal agencies under certain circumstances, including actions that are conducted, permitted, or funded by a federal agency. Under ESA Section 7, USACE will initiate informal consultation with USFWS to ensure that the proposed federal action (which is USACE’s issuance of the RGP for maintenance activities occurring in West and Central County) will not jeopardize the continued existence of endangered or threatened species or result in adverse modification of designated critical habitat. The County will prepare a Biological Assessment (BA) for distribution to USFWS by USACE. Federally listed species that may be covered in the BA include California tiger salamander (Ambystoma californiense), California red-legged frog (Rana draytonii), Steelhead ( Central Coast Distinct Population Segment [DPS]) (Oncorhynchus mykiss), and Alameda whipsnake (Masticophis lateralis euryxanthus). Refer to Tables 4-1 and 4-2 in Chapter 4, Biological Resources, for a comprehensive list of special-status species that have potential to occur within the Program area. As described previously, the County has incidental take coverage for maintenance activities conducted in East County through the ESA Section 10 Permit for the HCP/NCCP. Note that for maintenance activities that occur in East County, the County would be required to comply with HCP/NCCP’s RGP permit conditions including conditions of the USFWS’s “Programmatic Biological Opinion for a Regional General Permit for the East Contra Costa Habitat Conservation Plan/Natural Community Conservation Plan, Contra Costa County, California” (USFWS #81420- 2011-F-0655, dated April 30, 2012) (Appendix B). 2.3.2 U.S. Fish Wildlife Service Federal Endangered Species Act As described in Section 2.3.1, under the heading “Federal Endangered Species Act – Section 7 Consultation,” the ESA protects plant and wildlife species determined by USFWS to be at risk of Chapter 5. Flood Control Facility Maintenance Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 2-10 October 2020 extinction. USFWS is responsible for protection of listed plants and wildlife other than marine species and anadromous fishes, which are protected by the NMFS. Chapter 4, Section 4.2 describes listed species and critical habitat that may occur in the Program area. As described in Section 2.3.1, USACE will informally consult with USFWS concerning potential effects of maintenance activities occurring in West and Central County and on the listed species and their habitat, including preparation of a BA describing these effects. As discussed previously, BMPs described both in Chapter 5 of this Manual and any additional avoidance and minimization measures identified in the Program’s BA should sufficiently avoid take of special- status species in West and Central County. Similarly, for maintenance activities conducted in East County, compliance with the avoidance and minimization measures identified in the HCP/NCCP’s USFWS Programmatic Biological Opinion (USFWS #81420-2011-F-0655, dated April 30, 2012) would also minimize potential adverse effects on special-status species. Migratory Bird Treaty Act The MBTA (16 USC 703-712), administered by USFWS, implements four treaties between the U.S. and Canada, Mexico, Japan, and Russia, respectively, to manage and conserve migratory birds that cross national borders. The MBTA makes it unlawful in any manner, unless expressly authorized by permit in accordance with federal regulations, to pursue, hunt, take, capture, kill, cause to be shipped, exported, or imported, deliver for transportation, transport or cause to be transported, carry or cause to be carried, or receive for shipment, transportation, carriage, or export at any time, or in any manner, any migratory bird, or any part, nest, or egg of any such bird. The definition of “take” is any act to “pursue, hunt, shoot, wound, kill, trap, capture or collect, or attempt to pursue, hunt, shoot, wound, kill, trap, capture or collect.” This includes most actions, direct and indirect, that can result in take or possession, whether it is temporary or permanent, of any protected species. Although harassment and habitat modification do not themselves constitute take under the MBTA or the California Fish and Game Code (F&G Code), such actions that result in direct loss of birds, nests, or eggs, including nest abandonment or failure, are considered take under such regulations. A list of migratory birds protected under the MBTA is available in 50 CFR Section 10.13. On December 8, 2004, the U.S. Congress passed the Migratory Bird Treaty Reform Act (Division E, Title I, Section 143 of the Consolidated Appropriations Act, 2005, PL 108–447), which excludes all migratory birds that are non-native or have been human-introduced to the U.S. or its territories. It defines a native migratory bird as a species present within the U.S. and its territories as a result of natural biological or ecological processes. USFWS published a list of the bird species excluded from the MBTA on March 15, 2005 (70 Federal Register 12710). All native bird species occurring in the Program area are protected by the MBTA. Maintenance activities, such as vegetation management, may require the removal of vegetation at work sites where migratory birds are nesting. Compliance with the MBTA will be met through the implementation of BMPs requiring pre-activity surveys before any breeding-season maintenance activities are implemented so that take of migratory birds is avoided. Contra Costa County Routine Maintenance Manual Chapter 5. Flood Control Facility Maintenance Contra Costa County Public Works Department October 2020 2-11 Bald and Golden Eagle Protection Act The Bald and Golden Eagle Protection Act of 1940 protects eagles from commercial exploitation and safeguards their continued survival in the U.S.. This law provides for the protection of the bald eagle (the national emblem) and the golden eagle by prohibiting, except under certain specified conditions, the taking, possession, and commerce of such birds. USFWS, which enforces the Bald and Golden Eagle Protection Act, can issue permits for the take of eagles under limited circumstances. However, no such permit will be needed for the County’s maintenance activities, which will avoid any such impacts through implementation of BMP BIO- 2, “Minimize Impacts to Nesting Birds.” 2.3.3 National Marine Fisheries Service Federal Endangered Species Act For protected marine and aquatic fish species and habitat, the USACE may need to informally consult with NMFS. The federal consultation process between USACE and NMFS is similar to the process described above for USFWS, whereby NMFS evaluates potential impacts on threatened and endangered fish species and their critical habitat through preparation of a BA. As described in Chapter 1, Section 1.9, maintenance activities proposed under this Maintenance Program are limited to Tier 1 (No Effect) and Tier 2 (Not Likely to Result in Adverse Effects) activities. Because the Program would not result in adverse effects to special-status fish species (Tier 3), a BA will not be prepared. A biological resources memorandum describing the Program’s effects, BMPs and other avoidance and minimization measures will likely be prepared. Magnuson-Stevens Fishery Conservation and Management Act The Magnuson-Stevens Fishery Conservation and Management Act (MSA) establishes a national program to manage and conserve the fisheries of the U.S. through the development of Federal Fishery Management Plans (FMPs), and the federal regulation of domestic fisheries under those FMPs, within the 200-mile U.S. Exclusive Economic Zone. The 1996 amendments to the MSA established a new mandate for the NMFS, regional fishery management councils (FMC), and other federal agencies to identify and protect important marine and anadromous fish habitat (Essential Fish Habitat or EFH), including wetlands. The EFH provisions of the MSA support one of the Nation’s overall marine resource management goals – maintaining sustainable fisheries. Federal action agencies which fund, permit, or carry out activities that may adversely affect EFH are required to consult with NMFS with respect to their potential effects of their actions on EFH. When NMFS concludes that an action may adversely affect EFH, NMFS is required to provide the action agency with conservation recommendations to protect EFH. In the event that the Maintenance Program could result in impacts to EFH (which will be disclosed in the County’s CWA Section 404 RGP application), USACE will consult with NMFS. Chapter 5. Flood Control Facility Maintenance Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 2-12 October 2020 2.3.4 San Francisco and Central Valley Regional Water Quality Control Boards Porter-Cologne Water Quality Control Act California’s Porter-Cologne Water Quality Control Act (Porter-Cologne Act) was enacted in 1969, and, together with the federal CWA, provides regulatory guidance to protect water quality and water resources. The Porter-Cologne Act established the State Water Resources Control Board (SWRCB) and divided California into nine regions, each overseen by an RWQCB. The Porter- Cologne Act established regulatory authority over “waters of the State,” which are defined as “any surface water or groundwater, including saline waters, within the boundaries of the State” (California Water Code, Division 7, Section 13050). More specifically, the SWRCB and its nine RWQCBs have jurisdiction over the bed and banks of a stream channel, its riparian corridor, and its beneficial uses. The Porter-Cologne Act also assigns responsibility for implementing CWA Sections 303, 401, and 402 to the SWRCB and RWQCBs. Under Section 303, the RWQCBs, in conjunction with USEPA, are responsible for developing and implementing total maximum daily loads (TMDLs) to address water quality impairments. The Porter-Cologne Act requires the development and periodic review of water quality control plans (basin plans) for the protection of water quality in each of California’s nine regions. A basin plan is unique to each region and must identify beneficial uses, establish water quality objectives for the reasonable protection of the beneficial uses, and establish a program of implementation for achieving the water quality objectives. To provide currency, basin plans must be updated every 3 years. The basin plans also must comply with Section 303 of the federal CWA, which requires states to establish their own water quality standards (see further discussion below). Basin plans provide the technical basis for the RWQCBs to determine waste discharge requirements (WDRs), take enforcement actions, and evaluate grant proposals. As described in the following section, under the heading “Clean Water Act − Section 401,” regulatory compliance for projects occurring within waters of the U.S. is met through water quality certification, granted by the RWQCBs. For projects occurring within Porter-Cologne Act jurisdiction (i.e., State jurisdiction) but outside waters of the U.S. (in streams, this is the area above the ordinary high water mark, or “isolated” waters such as wetlands), WDRs or waiver of WDRs are required. WDRs are issued by the RWQCB that has jurisdiction over the region in which the project will occur. The San Francisco Bay RWQCB (Region 2) has jurisdictional authority over the western and central portions of Contra Costa County. The Central Valley RWQCB (Region 5) has jurisdictional authority over eastern Contra Costa County, including the City of Antioch and areas in eastern Contra Costa County. All waters of the U.S. in the Program area also are considered waters of the State and thus are subject to RWQCB jurisdiction under the Porter-Cologne Act. Maintenance Program compliance with the Porter-Cologne Act will occur through establishment of WDRs, which will be combined with the CWA Section 401 Water Quality Certification, as described below. Contra Costa County Routine Maintenance Manual Chapter 5. Flood Control Facility Maintenance Contra Costa County Public Works Department October 2020 2-13 Clean Water Act - Section 401 Under CWA Section 401, applicants for a federal license or permit to conduct activities that may result in the discharge of dredged or fill materials into surface waters of the U.S. (including wetlands) must obtain Section 401 Water Quality Certification so that any such discharge will comply with the applicable provisions of CWA, including Sections 301, 302, 303, 306, and 307 and State water quality standards. Section 401 Water Quality Certification is issued by the State in which the discharge will originate or, if appropriate, from the interstate water pollution control agency with jurisdiction over affected waters at the point where the discharge will originate. Therefore, all projects that have a federal component and may affect state water quality (including projects that require federal agency approval, such as issuance of a CWA Section 404 permit) also must comply with CWA Section 401. The goal of CWA Section 401 is to include evaluation of water quality when considering activities associated with dredging or placement of fill materials into waters of the U.S. The County will apply for separate Section 401 Water Quality Certifications for maintenance activities affecting waters of the U.S. within the respective jurisdictions of the San Francisco Bay RWQCB and Central Valley RWQCB. As the RWQCBs have discretionary approval authority, the San Francisco Bay RWQCB and Central Valley RWQCB are responsible agencies under CEQA (see further discussion in Section 2.3.7, California Environmental Quality Act). Therefore, projects must fully comply with CEQA before the RWQCBs can finalize the Water Quality Certifications. Clean Water Act - Section 303 and the Total Maximum Daily Load Program Under CWA Section 303(d), states are required to identify “impaired water bodies” (those that do not meet established water quality standards); identify the pollutants causing impairment; establish priority rankings for waters on the list; and develop a schedule for development of control plans to improve water quality. Each RWQCB must update the Section 303(d) list every 2-4 years. Water bodies are placed on the list when they have no further assimilative capacity for the identified pollutant; discharges of the identified pollutant are prohibited once a water body is listed. The Section 303(d) list identifies priorities to develop pollution control plans for each listed water body and pollutant. The pollution control plans required by the CWA Section 303(d) List are TMDLs. In the Program Area, the following creeks are identified as being impaired by diazinon and are on the Section 303(d) list: San Pablo Creek, Wildcat Creek, Pinole Creek, and Rodeo Creek in west Contra Costa County; and Pine Creek and Walnut Creek in central Contra Costa County. Diazinon was restricted from residential use in the United States in 2004 but is still legal for agricultural uses. USEPA developed a TMDL to address diazinon and other pesticide toxicity in urban creeks in 2007. Grayson Creek is identified as being impaired by trash. In eastern Contra Costa County, Sand Creek is impaired by chlorpyrifos, Dichlorodiphenyldichloroethylene (DDE), Dieldrin, Escherichia coli (E.coli), salinity, and an unknown toxicity. Marsh Creek is impaired by diazinon, E. coli, mercury, sediment toxicity, and an unknown toxicity. Kellogg Creek is impaired by E.coli, dissolved oxygen, salinity, sediment toxicity, and an unknown toxicity. Chapter 5. Flood Control Facility Maintenance Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 2-14 October 2020 CWA Section 303 is overseen by USEPA and is administered by the SWRCB and its nine RWQCBs. Once a TMDL is developed and approved by USEPA, the SWRCB, and the relevant RWQCB, the implementation plan (if included in the TMDL) can be enacted. The San Francisco Bay RWQCB has prepared, or is in the process of preparing, the following TMDLs that must be approved by USEPA before they can be implemented:  San Francisco Bay Mercury – Approved by USEPA in 2008 and in implementation  San Francisco Bay Polychlorinated Biphenyls (PCBs) – Approved by USEPA in 2010 and in implementation  Urban Creeks Pesticide Toxicity – Approved by USEPA in 2007 and in implementation  North San Francisco Bay Selenium – Approved by USEPA in 2016 and in implementation  Suisun Marsh low dissolved oxygen/organic enrichment, mercury, nutrients, and salinity – in preparation The San Francisco Bay RWQCB implements and enforces TMDLs, primarily through the National Pollutant Discharge Elimination System (NPDES) and its stormwater management program. Additional information on TMDLs are available at the San Francisco Bay RWQCB’s website: www.swrcb.ca.gov/sanfranciscobay/water_issues/programs/TMDLs. The Central Valley RWQCB has prepared, or is in the process of preparing, the following TMDLs to address water quality impairments in the Sacramento-San Joaquin River Delta. Information on TMDLs developed by the Central Valley RWQCB is available at this website: www.swrcb.ca.gov/centralvalley/water_issues/tmdl/central_valley_projects/index.shtml.  Diazinon and Chlorpyrifos – Adopted 2007 and in implementation  Methylmercury – Adopted 2011 and in implementation  Organochlorine Pesticides – In progress The Maintenance Program would not contribute mercury, methylmercury, PCBs, diazinon, chlorpyrifos, selenium, nutrients, or salinity to the San Francisco Bay or its tributaries; however, the Maintenance Program will comply with applicable requirements detailed in adopted TMDLs. Clean Water Act - Section 402: National Pollutant Discharge Elimination System CWA Section 402 regulates point-source discharges to surface waters (other than dredge or fill material) through the NPDES, which is administered by USEPA and some states. The NPDES program provides for both general permits (those that cover a number of similar or related activities) and individual permits for discharges to the waters of the U.S. The SWRCB and RWQCBs regulate stormwater discharges from municipal separate storm sewer systems (MS4s) through the Municipal Storm Water Permitting Program. Contra Costa County along with several other cities and counties in the San Francisco Bay Area are permitted under the San Francisco Bay Municipal Regional Stormwater Permit, which is referred to as Monitoring and Reporting Program (MRP) 2, which was recently re-issued in November 2015 (Order No. R2- 2015-0049). The County along with the cities of Clayton, Concord, El Cerrito, Hercules, Lafayette, Martinez, Orinda, Pinole, Pittsburg, Pleasant Hill, Richmond, San Pablo, San Ramon, and Walnut Contra Costa County Routine Maintenance Manual Chapter 5. Flood Control Facility Maintenance Contra Costa County Public Works Department October 2020 2-15 Creek, the towns of Danville and Moraga, and the Contra Costa County Flood and Water Conservation District have joined to form the Contra Costa Clean Water Program. The eastern portion of unincorporated Contra Costa County and the cities of Antioch, Brentwood, and Oakley are covered under a permit issued by the Central Valley Water Board (Order No. R5- 2010-0102), referred to as the East Contra Costa Municipal Storm Water Permit. The Contra Costa Clean Water Program assists municipalities in Contra Costa County to comply with the MRP permit by providing guidance and staff training, and aims to eliminate stormwater pollution in its creeks and flood control facilities through public education, inspection and enforcement activities, and industrial outreach. As described in the section above, the Maintenance Program would not contribute any non- stormwater discharges, would comply with applicable requirements in adopted TMDLs, and would comply with limitations described in both the San Francisco Bay MRP and the East Contra Costa Municipal Storm Water Permit. 2.3.5 California Department of Fish and Wildlife California Endangered Species Act The California Endangered Species Act (CESA) is defined in F&G Code Section 2080 et seq. CESA was originally enacted in 1970 to designate wildlife, fish, and plants as “endangered” or “rare.” In 1984, CESA was amended and species were reclassified as “endangered” or “threatened.” As of January 1985, all “rare” wildlife species were reclassified as “threatened” and the term “rare” was eliminated from the code. CESA states that all native species of fishes, amphibians, reptiles, birds, mammals, invertebrates, and plants, as well as their habitats that are threatened with extinction and those experiencing a significant decline that, if not halted, will lead to a threatened or endangered designation, will be protected or preserved. Like the federal ESA, the CESA also allows for incidental take of listed species. Take is defined under the F&G Code (Section 86) as to “hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill.” The incidental take permit process is outlined in the CESA (F&G Code Section 2081). Section 2081(b) provides a means by which agencies or individuals may obtain authorization for incidental take of state-listed species. Take must be incidental to, and not the purpose of, an otherwise lawful activity. Requirements for an F&G Code Section 2081(b) permit include the identification of impacts on listed species; development of mitigation measures that minimize and fully mitigate impacts; development of a monitoring plan; and assurance of funding to implement mitigation and monitoring. Chapter 4, Section 4.3 (and Table 4-2) describe listed species that may occur in the Program area. State-listed species potentially occurring in the Program area include California tiger salamander, Swainson’s Hawk (Buteo swainsoni), Ridgway’s rail (Rallus obsoletus), and Alameda whipsnake. Chapter 5. Flood Control Facility Maintenance Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 2-16 October 2020 California Fish and Game Code Section 1602: Lake and Streambed Alteration Program California’s Lake and Streambed Alteration Program is regulated under F&G Code Section 1600 et seq. Under Section 1602, CDFW regulates projects that affect the flow, channel, or banks of rivers, streams, and lakes. F&G Code Section 1602 requires state or local governmental agencies, public utilities, and private individuals to notify CDFW and enter into a streambed or lakebed alteration agreement before construction of a project that will:  substantially divert, obstruct, or change the natural flow or the bed, channel, or bank of any river, stream, or lake;  substantially change or use any material from the bed, channel, or bank of any river, stream, or lake; or  result in the disposal or deposition of debris, waste, or other material containing crumbled, flaked, or ground pavement where it can pass into any river, stream, or lake. F&G Code Section 1602 may apply to any work undertaken within the 100-year floodplain of any body of water or its tributaries, including perennial, intermittent, and ephemeral rivers, streams, or lakes in the state. In general, this language is understood as applying to work within an active floodplain and/or associated riparian habitat of a wash, stream, or lake that provides benefit to fish and wildlife. F&G Code Section 1602 typically does not apply to drainages that lack a defined bed and bank, such as shallow or poorly defined swales, or to wetlands, such as vernal pools. CDFW has regulatory jurisdiction over the bed, bank, and channel of a stream, lake, or pond, as stated in F&G Code Sections 1600-1616. Under F&G Code Section 1602, CDFW administers the Lake and Streambed Alteration Program and may issue a Streambed Alteration Agreement (SAA) for projects within their jurisdiction. SAAs typically are issued through an application process (submittal of a notification package) and include restrictions on construction periods and locations, along with avoidance, minimization, and mitigation measures for potential impacts on habitat associated with waters of the State. Because CDFW has discretionary approval authority, it is a responsible agency under CEQA (see further discussion in Section 2.3.7, California Environmental Quality Act). As such, projects must fully comply with CEQA before CDFW can finalize an SAA. All creeks, channels, and basins in the Program area, as well as associated riparian vegetation, are subject to CDFW jurisdiction under F&G Code Sections 1600-1616. The County’s routine maintenance activities are covered under a Routine Maintenance Agreement (RMA), which is a programmatic, long-term permitting mechanism under the Lake and Streambed Alteration Program. The original RMA was issued in 2011 and an extension was issued in 2015. This extension is valid through December 31, 2020. The County’s original RMA and RMA extension is provided in Appendix A. RMAs are commonly 5-year agreements and cover a set list of maintenance activities to maintain channel capacity, including sediment removal, trash and debris clearing, fallen tree removal, vegetation management, minor erosion repairs, herbicide applications, and minor bridge repairs. The applicant must identify the watercourses where routine maintenance activities would occur, commit to impact avoidance and minimization measures for special-status species, and submit annual notification and Contra Costa County Routine Maintenance Manual Chapter 5. Flood Control Facility Maintenance Contra Costa County Public Works Department October 2020 2-17 maintenance reports to CDFW along with annual fees. The RMA application process is the same as the process for an SAA, with the addition of a completed Routine Maintenance form (Attachment D of the SAA notification form). The County will apply for a new RMA to start in January 2021 once the County’s RMA extension expires. Migratory Bird Treaty Act In California, the MBTA is regulated under F&G Code Sections 3503, 3503.5, and 3513. Section 3503 makes it unlawful to take, possess, or needlessly destroy the nests or eggs of any bird. Section 3503.5 makes it unlawful to take, possess, or destroy birds of prey or the nest or eggs of a bird of prey; Section 3503.5 prohibits the take, possession, or destruction of any nests, eggs, or birds in the orders Falconiformes (New World vultures, hawks, eagles, ospreys, and falcons, among others) or Strigiformes (owls); and Section 3513 prohibits the take or possession of any migratory non-game bird or part thereof, as designated in the MBTA. As described above, disturbance that causes nest abandonment and/or loss of reproductive effort (killing or abandonment of eggs or young) is considered take by CDFW. All native bird species in the Program area are protected by the F&G Code. Maintenance activities, such as vegetation management, may require the removal of vegetation in areas where migratory birds are nesting. Compliance with the F&G Code will be met through implementation of BMPs requiring pre-activity surveys before any breeding-season maintenance activities, which will be implemented before maintenance activities begin so that take of migratory birds is avoided. Native Plant Protection Act The Native Plant Protection Act (F&G Code Sections 1900–1913) requires permits for collecting, transporting, or selling plant species that are designated rare or endangered by the Fish and Wildlife Commission. The California Native Plant Society has developed a set of lists of native plants in California, categorized according to rarity. Plants on List 1A, List 1B, and List 2 meet the definitions of F&G Code Section 1901 and F&G Code Sections 2060 and 2067 (CESA) as rare or endangered species. Table 4-1 in Chapter 4 lists native, special-status plant species occurring or potentially occurring in the Program area. Program measures to avoid, minimize, and mitigate impacts to these species are identified in Chapter 7 and BMP measures are identified in Chapter 8 of this Manual. 2.3.6 San Francisco Bay Conservation and Development Commission (BCDC) McAteer-Petris Act The McAteer-Petris Act was enacted in 1965 and established the BCDC. At that time, BCDC was a temporary state agency tasked with preparing a plan for the long-term use of the Bay. In 1969, the McAteer-Petris Act was amended to make BCDC a permanent agency and to incorporate the policies of the San Francisco Bay Plan into state law. BCDC has permit authority over shoreline areas subject to tidal action up to the mean high tide line. This includes sloughs, tidelands, submerged lands, and marshlands lying between the mean high tide and 5 feet above mean sea Chapter 5. Flood Control Facility Maintenance Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 2-18 October 2020 level for areas with Bay frontage, and the shoreline band or 100 feet landward from the Bay shoreline. BCDC regulates filling, dredging, and changes in use in the Bay. The Bay Plan provides policy direction for BCDC’s permit authority regarding placement of fill, extraction of materials, determining substantial changes in land use, water, or structures within its jurisdiction, protection of the Bay habitat and shoreline, and maximizing public access to the Bay. BCDC is primarily concerned about the placement of new “fill” (generally defined as any material in or over the water surface, including pilings or structures placed on pilings) in the Bay. BCDC also regulates new development within 100 feet of the shoreline to ensure that maximum feasible public access to and along the Bay is provided. Maintenance activities that take place within 100 feet of the Bay shoreline fall under BCDC’s jurisdiction. BCDC’s jurisdiction applies to the western portions of the County as well as the Bay shoreline in Suisun Bay to Honker Bay (just north of Pittsburg). Prior to conducting these activities and, depending on the type of activities planned, the County would apply for either a regionwide permit or an administrative permit. Regionwide permits are appropriate for routine maintenance work whereas administrative permits are issued for activities that qualify as minor repairs or improvements. 2.3.7 California Environmental Quality Act (CEQA) CEQA (Public Resource Code Section 21000 et seq.) is the cornerstone of environmental law and policy in California. CEQA requires public agencies to assess and publicly disclose the environmental implications of proposed actions through the preparation of appropriate documents. The primary objectives of CEQA include:  ensuring that the potential environmental impacts of a project are disclosed to decision makers and the public;  ensuring that environmental damage is avoided, reduced, or compensated for by the implementation of carefully designed mitigation measures;  making the public aware of the reasons for an agency’s approval of a project that is found to have significant, unavoidable, and unmitigable environmental impacts;  fostering cooperation between agencies in the review of projects; and  enhancing public involvement in the planning and review of projects that may affect local communities and their natural environment. CEQA applies to discretionary activities proposed, implemented, or approved by California public agencies, including state, regional, county, and local agencies. The public agency with principal responsibility for carrying out or approving a project that may have a significant effect on the environment is the lead agency for CEQA compliance, and this agency is responsible for preparing the environmental documentation for that project. For the Maintenance Program, Contra Costa County will serve as lead agency for necessary environmental reviews and documentation. Contra Costa County Routine Maintenance Manual Chapter 5. Flood Control Facility Maintenance Contra Costa County Public Works Department October 2020 2-19 2.3.8 National Environmental Policy Act (NEPA) NEPA requires federal agencies to include in their decision-making process appropriate and careful consideration of all environmental effects of a proposed action and its possible alternatives. Documentation of the environmental impact analysis and efforts to avoid or minimize the adverse effects of proposed actions must be made available for public notice and review. This analysis is documented in either an EA with a FONSI or an environmental assessment (EA) with a finding that preparation of an Environmental Impact Statement (EIS) is required. NEPA compliance will be addressed for the Maintenance Program by USACE through preparation of an EA as part of the RGP process. Issuance of a FONSI is anticipated. Contra Costa County Public Works Department October 2020 2-20 Page intentionally left blank Contra Costa County Public Works Department October 2020 3-1 Chapter 3 Physical Setting This chapter describes the physical setting of the Contra Costa County Routine Maintenance Program (Maintenance Program or Program) area including discussions of the physical watersheds, stream networks, geology, soils, hydrology, geomorphology, and water quality conditions in the Maintenance Program area. The physical setting in conjunction with the biological resources setting (Chapter 4) and reach characterization sheets (presented in Appendix B) provide an informed approach and basis for the Contra Costa County (County) to understand how maintenance activities (described in Chapters 5 and 6) may potentially affect natural resources and what measures can be used to avoid and minimize potential environmental effects (described in Chapter 7). Watersheds and Creeks In Contra Costa County, two northwest trending mountain ranges within the Diablo Range and East Bay Hills, generally define the watershed structure of the Program area and its hydrologic conditions. These same ranges, and their associated ridgelines and valley also influence the land use, development patterns, and population density in the County. The watersheds, geology and soils, hydrology, and water quality information presented in this chapter is organized by three general regions in the County: West Contra Costa County (West County), Central Contra Costa County (Central County), and East Contra Costa County (East County). 3.1.1 West County Region The West County region encompasses all of the land area west of Las Trampas Ridge and Briones Hills (in the East Bay Hills) that drains to the San Francisco Bay and San Pablo Bay shorelines (Figure 1-2). Urban and residential development in this region is concentrated on the relatively flat, low lying alluvial plain and shoreline areas. The cities of Richmond, El Cerrito, San Pablo, Pinole, and Hercules, and census-designated areas of North Richmond, El Sobrante, Tara Hills, and Rodeo are all within the West County region. The West County region includes the following primary watersheds: Wildcat, San Pablo, Rheem, Garrity, Pinole, and Rodeo creek watersheds. Chapter 3. Physical Setting Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 3-2 October 2020 Wildcat Creek Watershed Subbasin Wildcat Creek Watershed Area (sq. mi.) 11.1 Length of Longest Flow Path (miles) 13.4 Major Tributaries none Highest Watershed Elevation (feet) 1,905 Percentage of Impervious Surface Area 19% Figure 3-1. Wildcat Creek Profile Summary The Wildcat Creek Watershed is a relatively narrow, elongated watershed contained in Wildcat Canyon between the Berkeley Hills to the west and San Pablo Ridge to the east. The northwest trending canyon opens up to an alluvial plain in the City of San Pablo and the creek flows west before draining directly to San Pablo Bay north of Point San Pablo (Figure 3-1). The upper watershed is mostly undeveloped parkland managed by the East Bay Regional Park District (EBRPD). As the creek exits the upper watershed canyon and flows onto the alluvial plain, land use changes to densely developed residential, industrial, and mixed use. The lower portion of the creek enters diked baylands and a large tidal marsh (Wildcat Marsh) covering approximately 390 acres (Contra Costa County Community Development Department [CCD] 2004). Wildcat Marsh is the largest tidal marsh in the East Bay north of Fremont and provides habitat for the federally endangered salt marsh harvest mouse (Reithrodontomys raviventris), Ridgway Rail (Rallus obsoletus) (formerly the California Clapper Rail [Rallus longirostris obsoletus]), and state threatened California Black Rail (Laterallus jamaicensis coturniculus) (San Francisco Estuary Institute [SFEI] 2001; California Department of Fish and Wildlife [CDFW] 2016). The County maintains the lower portion of Wildcat Creek, downstream of Rumrill Boulevard to the outfall to San Pablo Bay, while EPRPD manages Wildcat Marsh. Wildcat Creek supports reproducing steelhead (Oncorhynchus mykiss) (Becker et al. 2007) although impassable barriers along Wildcat Creek prevent steelhead migrating to the upper reaches of the creek, suggesting that rainbow trout occupy most of the reaches of Wildcat Creek. Contra Costa County Routine Maintenance Manual Chapter 3. Physical Setting Contra Costa Public Works Department October 2020 3-3 San Pablo Creek Watershed Subbasin San Pablo Creek Watershed Area (sq. mi.) 43.2 Length of Longest Flow Path (miles) 19.7 Major Tributaries Appian Creek, Castro Creek, Bear Creek, Lauterwasser Creek Highest Watershed Elevation (feet) 1,905 Percentage of Impervious Surface Area 20% Figure 3-2. San Pablo Creek Profile Summary The San Pablo Creek Watershed is the largest watershed in the West County region covering nearly 20 square miles (sq. mi.) of the East Bay Hills, Briones Hills, and San Pablo Bay shoreline (Figure 3-2). The headwaters of the creek begin south of State Route (SR) 24, near the City of Orinda and flow northwest collecting drainage from steep hillslopes and other smaller tributaries. Most of the upper watershed is undeveloped or managed open space. Two large waterbodies, the Briones Reservoir and San Pablo Reservoir, are situated in the upper watershed in the heart of the Briones Hills and provide potable water for several East Bay cities. As the creek slope decreases and enters the alluvial plain near U.S. Interstate 80 (I-80), the watershed narrows to less than 0.5 mile in width. Land use shifts to a more urbanized setting consisting of mainly residential development. West of I-80, the lower watershed is relatively flat as San Pablo Creek flows over an alluvial plain and approaches San Pablo Marsh and the outfall into San Pablo Bay. The County focuses maintenance efforts on the lower portion of the creek, downstream of Rumrill Boulevard to the outfall to San Pablo Bay, but also manages small segments of channel downstream of San Pablo Reservoir near El Sobrante. Within the lower portion of the watershed, habitat for northern harrier (Circus cyaneus), white-tailed kite (Elanus leucurus), and San Pablo song sparrow (Melospiza melodia samuelis) is present. San Pablo Creek historically support reproducing steelhead (Becker et al. 2007; Leidy et al. 2005). Construction of San Pablo Dam in 1919 restricted upstream fish migration and isolated the San Pablo Reservoir and upper watershed tributaries from the lower reaches. The drop structure upstream of Giant Road is a total fish migration barrier to steelhead (CalFish 2019). However, stray migrating steelhead may enter the lower reaches of the creek during periods of high flow, but the lower reaches lack suitable spawning habitat. Chapter 3. Physical Setting Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 3-4 October 2020 Rheem Creek Watershed Subbasin Rheem Creek Watershed Area (sq. mi.) 2.8 Length of Longest Flow Path (miles) 3.4 Major Tributaries none Highest Watershed Elevation (feet) 360 Percentage of Impervious Surface Area 50% Figure 3-3. Rheem Creek Profile Summary The Rheem Creek Watershed is a very small watershed draining the south Hilltop area of Richmond and the area south of Point Pinole Regional Shoreline (Figure 3-3). Topography is generally characterized as having modest hillslopes along the northeastern portion of the watershed and a relatively flat alluvial plain extending to Point Pinole and San Pablo Bay. Rheem Creek runs near the southern boundary of the watershed along the base of the hillslope. The creek flows in a northwest direction collecting surface and subsurface waters before emptying into Breuner Marsh and San Pablo Bay. The Rheem Creek Watershed is extensively developed with a mix of residential and industrial land use, with the exception of the Richmond Country Club in the western portion of the watershed and an open space area adjacent to Point Pinole and the San Pablo shoreline area (Breuner Marsh). The County manages Rheem Creek downstream of San Pablo Avenue to the outfall to San Pablo Bay. Garrity Creek Watershed Subbasin Garrity Creek Watershed Area (sq. mi.) 6.0 Length of Longest Flow Path (miles) 3.7 Major Tributaries none Highest Watershed Elevation (feet) 1,483 Percentage of Impervious Surface Area 60% Figure 3-4. Garrity Creek Profile Summary The Garrity Creek Watershed is a relatively small watershed draining the western portion of El Sobrante, the north side of the Hilltop area of Richmond, the western portion of Pinole, and the Tara Hills community (Figure 3-4). Modest hills cover most of the watershed with some relatively flat areas along Point Pinole and San Pablo Bay shoreline. Garrity Creek is the main Contra Costa County Routine Maintenance Manual Chapter 3. Physical Setting Contra Costa Public Works Department October 2020 3-5 creek in the watershed with the headwaters beginning in the hills east of I-80. The creek flows in a northward direction winding through commercial and residential areas before draining into San Pablo Bay. Similar to other small watersheds in the West County region, the Garrity Creek Watershed is extensively developed with a mix of residential, commercial, industrial, and office business park land use. The County maintains Garrity Creek between Richmond Parkway and San Pablo Avenue. Pinole Creek Watershed Subbasin Pinole Creek Watershed Area (sq. mi.) 15.2 Length of Longest Flow Path (miles) 11.0 Major Tributaries Lagoons Creek, Pereira Creek, Costa Creek, Goat Creek, Simas Creek, Duncan Creek, Highest Watershed Elevation (feet) 1,240 Percentage of Impervious Surface Area 15% Figure 3-5. Pinole Creek Profile Summary The Pinole Creek Watershed covers an elongated catchment area stretching from the north side of Briones Regional Park and the Briones Hills to the southeastern shores of San Pablo Bay (Figure 3-5). Pinole Creek runs the length of watershed in a northwest direction collecting flows from smaller order streams in the upper watershed (e.g., Lagoons Creek, Pereira Creek, and Costa Creek), the middle watershed (e.g., Goat Creek, Simas Creek, and Pavon Creek), and the lower watershed (e.g., Duncan Creek and Faria Creek) before draining into San Pablo Bay. The Pinole Creek Watershed remains lightly developed in large part because East Bay Municipal Utility District (EBMUD) acquired thousands of acres of land for a potential drinking water reservoir in the heart of the watershed (CCD 2004). Although plans to construct the reservoir were suspended, the area is managed as public watershed lands (open space and natural area) by EBMUD. The portion of Pinole Creek below Interstate 80 was channelized to provide flood protection as part of a USACE flood control project. In the lower watershed, land use shifts to predominately residential development with some commercial and mixed use areas. The County manages the middle and lower portions of Pinole Creek from Ramona Street and Pinole Valley High School, downstream through the City of Pinole, to the outfall to San Pablo Bay. The Pinole Creek watershed currently supports steelhead, but the size of the run has not been documented (Leidy et al. 2005). A fish ladder at I-80 was constructed as part of a fish passage project so that steelhead could reach spawning grounds upstream. Pinole Creek has been identified as the best Chapter 3. Physical Setting Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 3-6 October 2020 potential steelhead stream in the County, with opportunities for both restoration and education of the public about this species (Becker et al. 2007). Rodeo Creek Watershed Subbasin Rodeo Creek Watershed Area (sq. mi.) 10.4 Length of Longest Flow Path (miles) 8.4 Major Tributaries none Highest Watershed Elevation (feet) 1,100 Percentage of Impervious Surface Area 20% Figure 3-6. Rodeo Creek Profile Summary The Rodeo Creek Watershed is another small watershed located in northwest Contra Costa County, with the upper watershed stretching into the hills south of the Carquinez Strait and trending northwest to San Pablo Bay (Figure 3-6). Rodeo Creek is the only major stream in the watershed with the headwaters beginning in the relatively undeveloped open space and ranchettes land south of SR 4. The lower watershed becomes highly urbanized west of I-80, where land use includes a mix of industrial, office/business park, commercial, and residential uses. The County conducts maintenance activities on the lower portion of Rodeo Creek from the railway crossing at SR 4 downstream to the outfall at San Pablo Bay. 3.1.2 Central County Region The Central County region extends from the southern border with Alameda County, west to the Las Trampas Ridge and Briones Hills (East Bay Hills), east to the Diablo Range, and north to Suisun Bay shoreline (Figures 1-3 through 1-5). The Walnut Creek Watershed encompasses most of the Central County region and is by far the largest watershed in Contra Costa County in terms of total watershed area and flow volume. Much of the population of the Contra Costa County lives in the Central County region and the cities of Walnut Creek, San Ramon, Danville, Lafayette, Concord, Pleasant Hill, and Martinez. The primary subwatersheds of the Walnut Creek watershed include the San Ramon, Las Trampas, Grayson, and Pine creek subwatersheds. The Alamo Creek subwatershed of Alameda Creek is also described in this section. Contra Costa County Routine Maintenance Manual Chapter 3. Physical Setting Contra Costa Public Works Department October 2020 3-7 Walnut Creek Watershed Subbasin Walnut Creek Watershed Area (sq. mi.) 146.2 Length of Longest Flow Path (miles) 28.7 Major Tributaries San Ramon Creek, Las Trampas Creek, Grayson Creek, Pine Creek, Galindo Creek, Pacheco Creek Highest Watershed Elevation (feet) 3,849 Percentage of Impervious Surface Area 30% Figure 3-7. Walnut Creek Profile Summary The Walnut Creek Watershed is the largest watershed in the Program area and stretches from the Alameda/Contra Costa County line northward to Suisun Bay (Figure 3-7). Walnut Creek is situated between two northwest trending mountains and ridgelines, the East Bay Hills to the west and the Diablo Range to the east. Small creeks funnel runoff from the hillslopes to alluvial fan areas that emerge onto the valley floor. Flows continue northward and converge to form larger order creeks until coalescing to form Walnut Creek. Walnut Creek continues north and drains into Suisun Bay. The upper watershed areas remain largely undeveloped open space and parklands transitioning to high density urban and residential development in the lower alluvial fan and alluvial plain areas of the communities of Walnut Creek, Pleasant Hill, and Concord. In the urban areas many of the creeks have been modified into engineered flood control channels to prevent flooding. As depicted in Figures 1-3 through 1-5, the County is responsible for maintaining Walnut Creek and its major tributaries. The main stem of Walnut Creek undergoes routine maintenance from the confluence of San Ramon and Las Trampas creeks in the City of Walnut Creek, north through Pleasant Hill and Concord, to the outfall to Suisun Bay. Descriptions of major tributaries and subwatersheds within the Walnut Creek Watershed are provided below. The Walnut Creek watershed historically likely supported steelhead throughout the watershed (Leidy et al. 2005). Currently, steelhead are known to frequently enter the lower reaches of Walnut Creek, but their upstream migration is blocked by the drop structure at Willow Pass Road (Leidy et al. 2005). Chapter 3. Physical Setting Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 3-8 October 2020 San Ramon Creek Subwatershed Subbasin Walnut Creek Watershed Area (sq. mi.) 51.4 Length of Longest Flow Path (miles) 18.9 Major Tributaries Sycamore Creek, Green Valley Creek, Bollinger Canyon Creek Highest Watershed Elevation (feet) 2,060 Percentage of Impervious Surface Area 20% Figure 3-8. San Ramon Creek Profile Summary The San Ramon Creek Subwatershed encompasses the southern portion of the Walnut Creek Watershed along the Alameda/Contra Costa County border and accounts for roughly one-third of the overall Walnut Creek Watershed area (Figure 3-8). Similar to Walnut Creek, San Ramon Creek flows northward in the lowlands between the Las Trampas Ridge and Diablo Range, collecting flows from smaller tributaries that drain the adjacent hillslopes. Most of San Ramon Creek flows through modified, earthen channels until transitioning to concrete-lined flood control channels and a large concrete box channel (i.e., San Ramon Creek Bypass) as it enters the City of Walnut Creek. Much of the steeper, upper watershed area remains as open space with residential and urban development increasing in density in the lower, alluvial fan areas. Development concentrates around the I-680 corridor, which parallels San Ramon Creek and passes through the communities of San Ramon, Danville, Alamo, and Walnut Creek. The County manages the entirety of San Ramon Creek, along with a significant length of Sycamore Creek and a small portion of Green Valley Creek, both major tributaries to San Ramon Creek. Contra Costa County Routine Maintenance Manual Chapter 3. Physical Setting Contra Costa Public Works Department October 2020 3-9 Las Trampas Creek Subwatershed Subbasin Walnut Creek Watershed Area (sq. mi.) 26.9 Length of Longest Flow Path (miles) 12.4 Major Tributaries Reliez Creek, Happy Valley Creek, Lafayette Creek, Grizzly Creek, Tice Creek Highest Watershed Elevation (feet) 2,020 Percentage of Impervious Surface Area 25% Figure 3-9. Las Trampas Creek Profile Summary The Las Trampas Creek Subwatershed covers the western portion of the Walnut Creek Watershed. Las Trampas Creek flows eastward conveying flows from tributaries draining the northern slopes of the Las Trampas Ridge and Orinda Hills and the southern slopes of the Briones Hills (Figure 3-9). Las Trampas Creek flows directly through downtown Lafayette south of and parallel to SR 24 before draining into San Ramon and Walnut creeks in the downtown area of the City of Walnut Creek. Much of the steeper, upper watershed areas are preserved open space areas. Residential and urban development is concentrated around the SR 24 corridor with low density housing extending into the surrounding hills. The County conducts maintenance activities along the entirety of Las Trampas Creek, the lower portion of Grizzly Creek from Woodview Drive downstream Las Trampas Creek, and along Tice Creek from Rossmoor Basin to the confluence with Las Trampas Creek. Chapter 3. Physical Setting Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 3-10 October 2020 Grayson and Vine Hill Creek Subwatersheds Subbasin Walnut Creek Watershed Area (sq. mi.) 17.2 Length of Longest Flow Path (miles) 8.9 Major Tributaries East Branch Grayson Creek, Murderer’s Creek Highest Watershed Elevation (feet) 1,483 Percentage of Impervious Surface Area 45% Figure 3-10. Grayson Creek Profile Summary The Grayson Creek Subwatershed covers the northwestern portion of the Walnut Creek Watershed. The oblong-shaped Grayson Creek Subwatershed conveys drainage stemming from the northeastern slopes of the Briones Hills north-northeasterly to the main stem of Walnut Creek (Figure 3-10). Low density residential development covers most of the Grayson Creek Subwatershed, with only the southern margins of the watershed area remaining undeveloped or as open space. The County manages the lower portions of East Branch Grayson Creek downstream of Oak Park Boulevard and the main stem Grayson Creek downstream of Pleasant Hill Road. All of the maintained segments are concrete or modified, earthen channels. Although not hydrologically connected to Grayson Creek, Vine Hill Creek (also referred to as Pacheco Creek) is often paired within the Grayson Creek Subwatershed for discussion purposes due to its close proximity to Grayson Creek and small watershed area. The Vine Hill Creek Subwatershed is situated north adjacent to Grayson Creek and drains a portion of the Vine Hill community, with an approximately total area of 3.8 square miles. The main hydrologic feature is Vine Hill Creek, which collects and conveys surface flows and stormwater runoff north-northeast for approximately 5 miles via concrete culverts, natural channels, and constructed earthen channels until reaching the main stem of Walnut Creek near the outfall to Suisun Bay. The County maintains most of Vine Creek from the Viano Basin (located at mid-reach near Morello Avenue), downstream to the confluence with Walnut Creek. Contra Costa County Routine Maintenance Manual Chapter 3. Physical Setting Contra Costa Public Works Department October 2020 3-11 Pine Creek Subwatershed Subbasin Walnut Creek Watershed Area (sq. mi.) 28.9 Length of Longest Flow Path (miles) 12.7 Major Tributaries Galindo Creek, Pine Creek Basin, Clayton Drain, Ygnacio Valley Drain Highest Watershed Elevation (feet) 3,390 Percentage of Impervious Surface Area 30% Figure 3-11. Pine Creek Profile Summary The Pine Creek Subwatershed accounts for approximately 20 percent of the total Walnut Creek Watershed area and encompasses the northwestern flanks of Mount Diablo and most of the cities of Concord and eastern Walnut Creek (Figure 3-11). Pine Creek itself originates near the upper elevations of the western side of Mount Diablo and flows north. Drainage from Mount Diablo’s northwestern foothills are conveyed in other smaller tributaries which converge on Pine Creek Basin (also referred to as Kubicek Basin) off of North Gate Road before continuing north via Pine Creek. Most of the upper and middle portions of the subwatershed flow through modified earthen channels, with the lower portion confined to concrete box channels. Galindo Creek, another tributary, is located northwest of Pine Creek and receives flows from the northern foothills of Mount Diablo. Galindo Creek flows through Concord and eventually merges with the main stem of Pine Creek near Pine Street and Clayton Road. Pine Creek continues north-northeasterly until it reaches its confluence with Walnut Creek near Waterworld amusement park in Concord. The County performs regular maintenance on Pine Creek from Pine Creek Basin downstream to the confluence with Walnut Creek. The County maintains a small portion of Galindo Creek where the creek enters a concrete box channel near Monument Boulevard before converging with Pine Creek. Chapter 3. Physical Setting Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 3-12 October 2020 Alamo Creek Subwatershed of Alameda Creek Subbasin Alameda Creek Watershed Area (sq. mi.) 16.9 Length of Longest Flow Path (miles) 12.0 Major Tributaries West Branch Alamo Creek Highest Watershed Elevation (feet) 2,094 Percentage of Impervious Surface Area 50% Figure 3-12. Alameda Creek Profile Summary The Alamo Creek Subwatershed is a relatively small, oblong-shaped watershed stretching from the foothills of the Diablo Range along the southwestern side of Mount Diablo, south to the Alameda/Contra Costa County border (Figure 3-12). Alamo Creek flows southward until reaching South San Ramon Creek and Arroyo de la Laguna. The Alamo Creek Subwatershed, approximately 16.9 square miles, is a very small fraction of the upper watershed of the enormous Alameda Creek Watershed, approximately 663 square miles (U.S. Geological Survey [USGS] 2016; Contra CCD 2004). The southern corner of Danville, eastern portions of San Ramon, and Blackhawk community all reside within the Alamo Creek Subwatershed. Consequently, impervious surface area covers over 50 percent of the total watershed area with large open space areas north of Blackhawk and separating large residential developments. County maintenance activities within the subwatershed are concentrated on the upper portions of West Branch Alamo Creek from Diablo Vista Park near Tassajara Ranch Drive, parallel to Blackhawk Meadow Drive. The County also manages a short segment of Alamo Creek north of Camino Tassajara and parallel to Kingswood Drive/Lane. 3.1.3 East County Region The East County region includes the areas east of the Diablo Range to San Joaquin County, as well as the San Joaquin/Sacramento River Delta (Delta). Many small creeks originate in the foothills of the Diablo Range, along the eastern side of Mt. Diablo, and converge into Marsh Creek or drain directly to the Delta. The lower region is a gently sloped or relatively flat lowland area dedicated to agricultural, open space, and parklands (CCD 2004). Urban development is concentrated to areas along the Highway 4 corridor including including the cities of Pittsburg, Antioch, Oakley, and Brentwood. The primary watersheds of the East County region include the Marsh Creek and Kellogg Creek watersheds. Contra Costa County Routine Maintenance Manual Chapter 3. Physical Setting Contra Costa Public Works Department October 2020 3-13 Marsh Creek Watershed Subbasin Marsh Creek Watershed Area (sq. mi.) 93.9 Length of Longest Flow Path (miles) 34.6 Major Tributaries Curry Canyon Creek, Round Valley Creek, Briones Creek, Dry Creek, Deer Creek, Sand Creek Highest Watershed Elevation (feet) 3,849 Percentage of Impervious Surface Area 15% Figure 3-13. Marsh Creek Profile Summary At 93.9 square miles, the Marsh Creek Watershed is the second largest watershed in the County (CCD 2004). Marsh Creek originates on the eastern side of Mount Diablo and winds north collecting drainage for the northeastern foothills via several tributaries, including Curry Canyon Creek, Round Valley Creek, and Briones Creek. Downstream of the confluence with Briones Creek, Marsh Creek flows on to an alluvial plain and then passes through the City of Brentwood. Dry, Deer, and Sand creeks all drain into Marsh Creek within the Brentwood city limits. Marsh Creek continues flowing northward through the City of Oakley before emptying into the Sacramento River Delta at Big Break (Figure 3-13). Historically, Marsh Creek meandered across this flat alluvial plain before reaching the Delta, but the stream path was significantly altered to increase arable land and reducing flooding (CCD 2004). Today, much of the alluvial plain has been converted from farmlands to urban areas dominated by residential development and commercial, industrial and mixed land uses. The County maintains the earthen dam and ditch at the Marsh Creek Reservoir and the lower portion of Marsh Creek downstream of Creekside Park near Crescent Drive in the City of Brentwood. The County also manages the lower portions of Dry Creek, Deer Creek, Sand Creek, and the drainage channels paralleling Sunset Road and near Adams Lane near their respective confluences with Marsh Creek. Chapter 3. Physical Setting Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 3-14 October 2020 Kellogg Creek Watershed Subbasin Kellogg Creek Watershed Area (sq. mi.) 32.5 Length of Longest Flow Path (miles) 25.3 Major Tributaries Mariposa Creek, Buckeye Creek, Eagle Creek Highest Watershed Elevation (feet) 2,280 Percentage of Impervious Surface Area <5% Figure 3-14. Kellogg Creek Profile Summary The Kellogg Creek Watershed stretches from the Alameda/Contra Costa County line, encompasses the eastern foothills of Mount Diablo and the Los Vaqueros Reservoir area (Figure 3-14). The Contra Costa Water District owns and operates the Los Vaqueros Reservoir. Kellogg creek itself is divided into two segments, Upper Kellogg Creek upstream of Los Vaqueros Reservoir and Kellogg Creek downstream. Once reaching the lowland areas near the City of Brentwood, the lower watershed becomes panhandle-shaped, confined between Kellogg Road to the south and Marsh Creek Road to the north, before discharging into Discovery Bay. Much of the lower portion of Kellogg Creek flows through modified and engineered earthen channels and only vaguely resembles the creek’s original course. Nearly all of the watershed with exception to residential development near Discovery Bay remains undeveloped or is designated open space or agricultural land. The County manages only a very small portion of Kellogg Creek downstream of Bixler Road to the creek outfall to Discovery Bay (approximately 0.7 miles). Geology, Soils, Hydrologic and Geomorphic Conditions The geology, soils, hydrologic and geomorphic conditions of West County, Central County, and East County regions are discussed below. A description of the underlying geology and soils and hydrology for each region are discussed in order to provide a context for understanding the typical geomorphic conditions. This provides a basis to understand the basic physical processes which can inform the maintenance approach. 3.2.1 West County Region Geology The geologic structure in West County is directly related to tectonic processes along the Hayward Fault Zone. The Hayward Fault Zone stretches from San Jose northwest along the foothills of the East Bay Hills to San Pablo Bay (California Geological Survey [CGS] 2010). Lateral Contra Costa County Routine Maintenance Manual Chapter 3. Physical Setting Contra Costa Public Works Department October 2020 3-15 and compressional forces along the fault have resulted in folding, and faulting and uplift of the East Bay Hills (CCD 2004). Rock materials of the East Bay Hills in West County consists mostly of tilted Tertiary-aged Miocene marine sedimentary rocks (Monterey Formation and San Pablo Group) and non-marine (Contra Costa Group) sedimentary rocks of shale and sandstone (CGS 1991). A narrow band of ultramafic rocks can be found along the Hayward fault alignment. Quaternary-aged alluvium overlies Franciscan bedrock (CGS 1991) in the bay plains and lowland areas adjacent to the San Francisco Bay and San Pablo Bay. This alluvium consists of unconsolidated sedimentary units of varying age and thickness. Artificial fill material is also present along the bay margins. Soils Soils underlying West County can be broadly grouped into two main categories: (1) upland soils associated with the East Bay Hills and (2) bay plain soils in the lower lying areas near the bay zone. Upland soils are distributed throughout the mountain slopes and hillslopes of the upper watershed area. Soil texture generally consists of loam, clay loam, or clay, approximately 20 to 40 inches thick before encountering bedrock. These upland soils are typically well drained with high to very high runoff potential and low plasticity (Natural Resources Conservation Service [NRCS] 2016). Commonly occurring upland soil units include Los Osos clay loam, Millsholm loam, Los Gatos loam, and Diablo clay (NRCS 2016). The flatter lower watershed areas adjacent to San Francisco Bay and San Pablo Bay are underlain with lowland soils associated with alluvial fans, terraces, and basin floor landforms. Lowland soils consist thick layers of fine material of silts and clays. These soil units are generally poor to moderately drained with high runoff potential and high plasticity (NRCS 2016). Lowland soils typically include Clear Lake Clay, Tierra loam, or Sycamore silty clay loam (NRCS 2016). Urban land and artificial fill becomes prevalent along the margins of the bays. Hydrology The East Bay Hills strongly influence local climate and precipitation patterns. During the winter months (i.e., rainy season), the hills amplify an orographic effect where air masses are forced to rise resulting in increased precipitation on the west side of the hills and drier conditions on the rain-shadow east side. In summer, coastal fog entering the Bay Area similarly can be orographically lifted and intensified on the western slopes of the East Bay Hills. In the West County area summer afternoon sea breezes associated with the onset of fog are routine. Annual average precipitation ranges from 22 to 25 inches throughout most of the East Bay Hills in the West County area, but can exceed in 33 inches at the highest elevations (CCR 2004; Department of Water Resources [DWR] 2004a, Western Regional Climate Center [WRCC] 2016). The relatively steep and rugged topography of the East Bay Hills and upper watershed areas, combined with greater amounts of precipitation during the winter months, result in many small creek tributaries draining the slopes of these ridgelines and hills. Many of these smaller creeks are intermittent (seasonal) or ephemeral (lasting only a short period following precipitation events) depending on the corresponding watershed size, volume of precipitation and event Chapter 3. Physical Setting Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 3-16 October 2020 duration, surrounding land uses, and underlying geology. The smaller tributaries generally feed larger order creeks (e.g., Wildcat Creek, San Pablo Creek, and Pinole Creek) which maintain perennial flows. Creeks generally flow west or northwest before feeding the tidal areas along the eastern shoreline of San Francisco Bay and southern shoreline of San Pablo Bay. The steep terrain and ravines in the upper watershed areas also enabled conditions to develop several impoundments and water supply reservoirs including the Briones Reservoir, San Pablo Reservoir, and Lake Anza. EBMUD owns and operates the Briones and San Pablo reservoirs; Lake Anza is managed by EBRPD and is available for recreational opportunities in West County. Extensive urban development and hardscaping in the lower lying areas significantly affects hydrologic conditions. In West County, surface flows in urban areas are typically affected by widespread impervious surface areas, culverted historic creeks, municipal stormwater systems, and engineered flood control channels. These effects typically result in increased urban runoff that is flows quickly to stormwater facilities or flood control channels. Groundwater The Santa Clara Valley Groundwater Basin, East Bay Plain Subbasin, underlies the low-lying areas west of the Hayward Fault Zone surrounding San Pablo Creek upstream to San Pablo Reservoir (DWR 2004a). Shallow aquifer levels are typically observed near the ground surface in most alluvial plain areas. Groundwater recharge occurs through infiltration of earthen creek channels, detention basins, and undeveloped land. Due to the threat of sea water intrusion and limited available sustainable yield, groundwater extraction in West County appears fairly minor and consists mostly of municipal and domestic irrigation and agricultural usage (DWR 2004a). Geomorphic Conditions The steep topography and hydrologic conditions of the East Bay Hills can generate abundant erosion in the upper watershed lands. In general, sediments originating from the upper watershed, are carried downstream through the perennial, seasonal, and ephemeral drainages, and deposited on the lower alluvial fans and plains toward the bay margins. Landslides are another significant sediment source. The steep hillslopes of Wildcat Creek Canyon and San Pablo Canyon have experienced active landslides or are prone to landslides (CGS 1975). In addition to upper watershed erosion, instream bank and bed erosion is another sediment source in the watershed to downstream areas. Land use significantly influences sedimentation loads as well. Intensified agriculture as well has urban development has typically resulted in increased runoff conditions and associated increases in erosion. 3.2.2 Central County Region Geology Topography and geology of Central County is directly related to tectonic processes along the Hayward Fault, Calaveras Fault, Concord Fault, and Clayton-Marsh Creek-Greenville Fault (CGS Contra Costa County Routine Maintenance Manual Chapter 3. Physical Setting Contra Costa Public Works Department October 2020 3-17 2010). All of these fault zones are right lateral-moving strike-slip faults. The tectonic movement of these fault zones creates folding and faulting throughout this region and uplift of the northwest trending ridges and valleys of the East Bay Hills and Diablo Range. The converging slip-strike movement between the Calaveras Fault, Concord Fault, and the Clayton-Marsh Creek- Greenville Fault also produce compressive stresses that culminate along the Mount Diablo Thrust Fault and result in the uplift of Mount Diablo (Mount Diablo Interpretive Association 2016). As discussed in Section 3.2.1, geology of the East Bay Hills in West Contra Costa County consists of tilted marine and non-marine sedimentary shale and sandstone (CGS 1991). Extensive faulting and tilting of the northern portion of the East Bay Hills has exposed older marine sedimentary units (e.g., Kreyenhagen Formation, Domengine Sandstone, Panoche Formation) as well (CGS 1991). Geology of the Diablo Range consists predominately of Upper Cretaceous marine sedimentary rocks (CGS 1991). Bands of younger sedimentary rocks (e.g., Domengine Sandstone, Monterey Formation, San Pablo Group, and Contra Costa Group) occur moving downslope and into the foothills. Mount Diablo stands at the head of the Diablo Range where tectonic forces resulted in compression and uplift of Mount Diablo and exposure of older geologic units of Upper Jurassic-Lower Cretaceous marine sandstone and shale and Franciscan Complex metagraywacke. Ultramafic rocks, gabbro, basalt, and diabase are observed on the upper slopes of the mountain (CGS 1991). Geology shifts to Quaternary alluvium along the canyons and toe slopes of both ranges, and valley floor along San Ramon Creek, Lafayette Creek, and the Walnut Creek basin. Isolated pockets of older Quaternary deposits can be seen near the northern toe of Mount Diablo and Pleasant Hill. Near the Walnut Creek/Pacheco Creek/Mount Diablo Creek delta, intertidal deposits underlie lowland marsh areas and margins of Suisun Bay (CGS 1982). Soils For the purposes of this discussion, soils underlying Central County can generally be grouped into four regional areas: 1) the East Bay hills, 2) Mount Diablo, 3) San Ramon Valley, and 4) Walnut Creek area. Soils underlying the East Bay Hills include those on the eastern side and foothills of Las Trampas Ridge and Briones Hills. These soils are similar to those discussed in Section 3.2.1 above, with Los Osos clay loam, Millsholm loam, and Los Gatos loam commonly occurring, as well as rock outcroppings and very shallow layer of Lodo clay loam (NRCS 2016). The upper slopes of Mount Diablo are composed mostly of rock outcroppings and Vallecitos loam. Moving downslope, a variety of clayey soils becomes prevalent, such as Altamont-Fontana complex, Diablo clay, Los Osos clay loam, Lodo clay loam, and Alo Clay (NRCS 2016). These soils are typical of hillslopes and backslopes. Soil depth ranges from 20 to 60 inches until reaching paralithic bedrock. The soils are generally well drained with high to very high runoff. Soils on the San Ramon Valley floor derive from alluvium carried down from the surrounding hillslopes and are consistent with soils associated with floodplains, valleys, and basins. Soil texture is generally clayey to loamy and over 80 inches thick. Common soil units include Clear Lake clay, Garretson Chapter 3. Physical Setting Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 3-18 October 2020 loam, Bortella clay loam, and Conejo clay loam (NRCS 2016). Similar to San Ramon Valley soils, soils in the Walnut Creek Basin derive from alluvium from sedimentary rocks and deposited over alluvial fans, terraces, floodplains, and valleys. Frequently occurring soils units include Zamora silty clay loam, Clear Lake clay, Omni clay loam and silty clay, and Cropley clay (NRCS 2016). These soil units are generally moderately to well drained, with medium runoff and a thickness of over 80 inches to a restrictive layer (NRCS 2016). Hydrology The steep topography of the East Bay Hills and Mount Diablo influence precipitation patterns throughout Central County. Higher elevations in the region such as Orinda (30 inches/year [in./yr.] average rainfall) and Mt. Diablo (22 in./yr.) have more precipitation than the lower elevation valleys such as Walnut Creek that receive 16 to 18 inches per year on average (Contra CCD 2004; WRCC 2016). The steep topography of the East Bay Hills and Diablo Range directs surface flows to ephemeral, seasonal, and perennial drainages located in gullies and canyons. These drainages ultimately join the larger creeks in the valleys including the San Ramon, Lafayette, and Walnut Creek valleys. Walnut Creek is the primary waterway in Central County with most tributary creeks combining and flowing in a northern direction before joining Walnut Creek. Two major creeks, San Ramon Creek, which conveys flows from the southern portion of the county, and Lafayette Creek, which carries flows from the western portion of the County, converge near Mount Diablo Boulevard in the City of Walnut Creek and form Walnut Creek. Other major creeks that feed Walnut Creek include: Pine and Galindo creeks, which drain the northern slopes of Mount Diablo; Grayson Creek conveying flows from the northeastern East Bay Hills; and Vine Hill/Pacheco Creek. This amassing of flows into one central creek (i.e., Walnut Creek) and widespread urban development and hardscaping of much of the lower watershed results in enormous flood flows with an estimated 100-year flood flow exceeding 25,600 cubic feet per second (cfs) (Contra CCD 2004). To convey larger flood flows, the vast majority of Walnut Creek, San Ramon Creek, Lafayette Creek, Pine Creek, and Grayson Creek have been engineered by means of modified earthen channels, concrete channels, or culverts to provide flow capacity. Other significant waterbodies in Central County include Lafayette Reservoir near the west side of the City of Lafayette. Owned and managed by EBMUD, the reservoir covers a 925-acre area and stores 4,300 acre-feet (approximate) of potable water for standby use (Lafayette Chamber of Commerce 2016). Another significant waterbody is Mount Diablo Creek which flows from the slopes of Mount Diablo north near Port Chicago and into Suisun Bay. The lower third of the watershed is owned by the U.S. Navy and U.S. Army (CCD 2004; EBRPD 2016). The County does not manage or implement any maintenance activities on Mount Diablo Creek. Groundwater Two groundwater basins underlie the Central County region, the Ygnacio Valley Groundwater Basin and the Clayton Valley Groundwater Basin (DWR 2004b and 2004c). The Ygnacio Valley Contra Costa County Routine Maintenance Manual Chapter 3. Physical Setting Contra Costa Public Works Department October 2020 3-19 Groundwater Basin is bound by Suisun Bay to the north, the Briones Hills and Lafayette Ridge to the west, the foothills of Mount Diablo to the south, and the Concord Fault to the east. The Clayton Valley Groundwater Basin is bound by Suisun Bay to the north, the Concord Fault to the west, and the foothills of Mount Diablo to the south and east. Both groundwater basins are assumed to be hydrologically connected to the Sacramento River system (DWR 2004b and 2004c). Information on the basins storage volume, withdrawals, and budget is largely unknown. However, groundwater levels appear to have declined for both basins according to historic records (DWR 2004b and 2004c). Geomorphic Conditions Geomorphic processes for Central Contra Costa County are similar to those discussed in Section 3.2.1, West County Region. The steep topography and hydrologic conditions of the East Bay Hills leads to erosion of the upper watershed areas and downstream sedimentation over alluvial fans and lowland plains from ephemeral, seasonal, and perennial drainages. Most sedimentation occurs through erosional processes of channel banks, exposed slopes, or disturbed areas. Landslides may play a significant role in contributing sediment load to downstream drainage channels. Historic and recent landslide prone areas can be seen on the steep hillslopes of the East Bay Hills and upper slopes of Mount Diablo (CGS 1995). In addition, tidal processes affect the shoreline margins of Suisun Bay. The CDFW manages the Point Edith Wildlife Area, a large salt marsh between the mouths of Walnut Creek and Mount Diablo Creek. Tidal action is widely restricted to the Point Edith Wildlife Area, the areas adjacent to the Wildlife Area north of Waterfront Road, and the lower, leveed segments of Walnut Creek, Grayson Creek, Vine Hill/Pacheco Creek, and Mount Diablo Creek. 3.2.3 East County Region Geology In the East County region, geologic units gradually transition from Late Cretaceous to Upper Cretaceous to Tertiary marine sedimentary rocks (sandstone and shale) moving north-northeast from Mount Diablo toward the Delta. Near the base of Mt. Diablo, geologic units become younger in age with the Tehama Formation (sand, silt, and volcaniclastic rocks) and Laguna Formation (consolidated alluvium) (CGS 1991). Continuing north and east onto the lowland areas, underlying geology shifts to Quaternary-aged alluvial fan deposits, alluvium, and dune sand. Intertidal deposits are located around the fringes of the Delta and islands within the Delta itself (CGS 1981). Faulting is relatively minor east of the Clayton-Marsh Creek-Greenville Fault with only historic and inactive faults in this region (CGS 2010). Most faulting occurs throughout the hilly areas of Mount Diablo where historic, pre-quaternary (older than 1.6 million years) faults are prevalent. Other faulting includes the Antioch (Davis) Fault Midland Fault Zone which travels northward Chapter 3. Physical Setting Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 3-20 October 2020 through the City of Antioch and Discovery Bay, respectively (CGS 2010). These faults are considered inactive and the precise location of both faults is either inferred or concealed by younger rocks. Soils Soils underlying East County are broadly grouped by three regions: (1) soils in the Diablo Range, (2) soils underlying the Antioch plains, and (3) soils in the Delta area. Soils underlying the Diablo Range are distributed throughout the hillslopes and backslopes of the upper watershed area. Soil texture generally consists of clay with loamy sand backfilling drainage areas. These upland soils are typically well drained with high runoff with roughly 40 to 60 inches of soil overlaying a paralithic bedrock layer. Widely occurring soil units include Altamont clay, Altamont-Fonana, and Briones loamy sand (NRCS 2016). Valley soils, found in lower elevation alluvial fans, floodplains, terraces, valley floor areas. These soils composed of clay loam and sands and are well to somewhat excessively drained. Depth to the nearest restrictive layer is over 80 inches. The main soils units include Delhi sand, Rincon clay loam, Brentwood clay loam (NRCS 2016). Soils underlying the northeast corner of Central County, near the Delta, are considered farmland of statewide importance or prime farmland if irrigated. These soils consist of muck to silty clay loam, to fine sandy loam and are generally poorly to very poorly drained with a relatively high water table over 80 inches to a restrictive layer (NRCS 2016). Predominant soil units include Rindge muck, Kingile muck, and Piper sands (NRCS 2016). Hydrology The eastern portion of the County falls under the rain shadow of the Coast Range and Mount Diablo. Average annual precipitation ranges from approximately 24 inches on the upper slopes of the eastern side of Mount Diablo, down to 14 inches in the lower foothills near the City of Brentwood, to less than 10 inches near the Contra Costa/San Joaquin county border (CCD 2004; WRCC 2016). The significantly lower volume of precipitation results in smaller tributary creeks with more episodic flows in the drainages east of Mt. Diablo compared to the rest of the county. Marsh Creek and Kellogg Creek are the major creek systems that collect and convey surface water from the upper slopes and foothills of Mount Diablo northeast to the Delta. Other major surface water bodies include small reservoirs such as the Contra Loma Reservoir and Antioch Municipal Reservoir, which are located on the outskirts of Antioch, and Marsh Creek Reservoir which is located near Brentwood. Los Vaqueros Reservoir, the largest reservoir in the Bay Area, is near the southeast border of Contra Costa County. The Contra Costa Water District (CCWD) completed the Los Vaqueros Reservoir in 1998, expanded it in 2012 to a capacity of 160,000 acre-feet (CCWD 2016). Water stored in the Los Vaqueros Reservoir and Contra Loma Reservoir originates from and gets pumped from the Delta. Although not utilized for primary potable supply, the much smaller Antioch Municipal Reservoir (765 acre-feet) helps Contra Costa County Routine Maintenance Manual Chapter 3. Physical Setting Contra Costa Public Works Department October 2020 3-21 maintain supply reliability for the City of Antioch and assists with flood control and impoundment of local runoff that can be used to provision the Contra Costa Canal during dry months (Brown and Caldwell 2011). Along the northern boundary of the East County, the Sacramento River Delta meets San Francisco Bay. Much of the low-lying Delta areas are tidally influenced and protected by earthen levees. Construction of levees has increased the extent of available farmland but has led to local subsidence as organic material has oxidized and lowered the elevation of the land. High tides, high winds, and high water can increase flooding risks because high water in the Delta can overtop levees and/or increase the hydrostatic pressure on levees and their foundations, which causes instability and increases the risk of failure from levee seepage (DWR 2013). Major levee breaks have created new waterbodies such as Franks Track and Big Break (CCD 2004). Much of the region’s historical hydrology has been altered by flood control channels, agricultural uses, and residential and urban development. Many of the smaller streams that drain the hillslopes near Bay Point, Pittsburg, and Antioch directly to the Delta now flow through underground culverts of constructed concrete or earthen channels. Marsh Creek Reservoir was built to capture and detain flows from the upper Marsh Creek watershed and reduce downstream flooding (Natural Heritage Institute 2003). The flood control system was constructed to prevent flooding of both agricultural areas and urban areas with a system of levees and canals surrounding much of the farmland, especially in the Old River (Contra Costa/San Joaquin county boundary) and slough area of the Delta. The modifications incorporate the hydrologic conditions of the Delta to increase arable land, provide water for crop irrigation, and even allow for off-channel harbors, such as the community of Discovery Bay. Groundwater Two groundwater basins underlie the East Contra Costa County region, the Pittsburg Plain Groundwater Basin and the San Joaquin Valley Groundwater Basin, Tracy Subbasin. The Pittsburg Plain Groundwater Basin a relatively small basin the stretches from the foothills of the Diablo Range along the south shore of the Delta to just east of Kirker Creek (approximately) in the City of Pittsburg (DWR 2004d). The basin is approximately 11 miles long and 1 to 3 miles wide with a total surface area of 18 square miles. The groundwater storage capacity and budget are unknown, but the basin is hydrologically connected to the Sacramento River and groundwater levels remain stable (DWR 2004d). Withdrawals appear to be limited to municipal use and private irrigation uses. The easternmost portion of the County (east of Pittsburg, Antioch, Oakley, Brentwood) is underlain by the San Joaquin Valley Groundwater Basin, Tracy Subbasin. This area accounts for a small fraction of the total Tracy Subbasin area that covers 539 square miles and most of the western portion of San Joaquin County (DWR 2004e). The San Joaquin Valley Groundwater Basin, Tracy Subbasin appears to have remained relatively stable over at least the last 10 years (San Joaquin County Flood Control unpublished data in DWR 2004e). Chapter 3. Physical Setting Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 3-22 October 2020 Shallow groundwater in the East Contra Costa County region generally flows in a northeast direction toward the San Joaquin River and the Delta. Groundwater levels range from 50 to 70 feet below ground surface (bgs) west of Brentwood to less than 10 to 20 feet bgs east of Oakley (DWR 2016). Geomorphic Conditions Two primary mechanisms influence the streams and landforms of East County: fluvial deposition from drainages stemming from Mount Diablo and geomorphic processes associated with the Delta. As with other regions of the county, the upper watershed area around Mount Diablo receives relatively large volumes of precipitation that drain out onto adjacent lowlands via ephemeral, seasonal, and perennial channels. These channels carry sediment from the upper watershed areas and deposit it in channels and along alluvial fans branching out from canyon and gully mouths and farther downstream on alluvial plains. These conditions are more prevalent in the northern portion county near Bay Point, Pittsburg, Antioch, and along major channels such as Marsh Creek and Kellogg Creek. The Delta is another substantial factor in shaping the eastern portion of the county. Prior to extensive expansion of levee and flood control systems, areas around Brentwood, Oakley, and Discovery Bay were part a braided network of channels at the mouth of the San Joaquin River. Historically, large scale flooding and deposition occurred on a frequent basis. This continuing process helped develop relatively flat, nutrient and mineral rich land ideal for agriculture. A system of flood control channels, levees, and canals effectively drained much of the area and alleviated flooding events to allow for farming activities. Deposition from the Delta also created a sand dune system along the southern bank of the San Joaquin River east of the City of Antioch, but historically may have covered a significant portion of the region (CGS 1981; CGS 1991; USFWS 2012). The sand dune system formed from deposits of glacial sands from the Sierra Nevada that were exposed and manipulated by ocean winds and bay tides that slowly shaped these aeolian (wind-blown) sands into dunes (USFWS 2012). Agricultural, urban development, and flood control modifications have since altered the landscape such that formation of new or expansion of existing sand dunes is improbable. Water Quality This section presents an overview of water quality conditions within the Maintenance Program area. Water quality information presented in this section is derived from the following sources: the Contra Costa County General Plan, 2005-2020 (Contra Costa County Department of Conservation and Development 2005); the Regional Water Quality Control Board (RWQCB) basin plans for the San Francisco Bay (SFBRWQCB 2015) and Central Valley (CVRWQCB 2016) regions; the State Water Resources Control Board (SWRCB) Clean Water Act (CWA) Section 303(d) List (SWRCB 2012); RWQCB Total Maximum Daily Load (TMDL) Program; and the Concord Community Resume Project (EBRPD 2016). Contra Costa County Routine Maintenance Manual Chapter 3. Physical Setting Contra Costa Public Works Department October 2020 3-23 3.3.1 West County Region Nearly all of the upper watershed land is preserved or protected through the EBRPD or EBMUD, including Wildcat Creek Canyon, San Pablo Canyon, and the watersheds surrounding the San Pablo and Briones reservoirs. Since San Pablo and Briones reservoirs store potable water for many East Bay cities and communities, preservation of the upper watersheds plays a crucial role in protecting the water quality of the supply. Moving down the East Bay foothills and westward toward San Francisco and San Pablo bays, residential development becomes the predominant land use. The lowlands become increasing urbanized with light and heavy industrial areas bordering the two bays, including several large- scale petroleum refineries. Major transportation corridors that traverse the lowland areas include I-580, I-80, and SR 4 which connects with other San Francisco Bay regions and railroad lines linking the Port of Richmond to the Central Valley. The Water Quality Control Plan (Basin Plan) for the San Francisco Bay Basin (SFBRWQCB 2015) identifies beneficial uses for several West Costa County creeks. The creeks and their beneficial uses are provided in Table 3-1. Table 3-1. Beneficial Uses for Creeks in West County Channel AGR FRSH COLD MIGR RARE SPAWN WARM WILD REC-1 REC-2 Wildcat Creek E E E E E E E E E San Pablo Creek E E E E E E E E E Rheem Creek E E E E Garitty Creek E E E E Pinole Creek E E E E E E E E Rodeo Creek E E E E E E Note: E – indicates the beneficial use exists in the water body. Source: SFBRWQCB 2015 As shown in Table 3-2, the State lists several West County creeks on the CWA Section 303(d) list of impaired water bodies (SWRCB 2012). Elevated concentrations of diazinon were identified in Wildcat Creek, San Pablo Creek, Pinole Creek, and Rodeo Creek. Diazinon is a broad-spectrum organophosphorus pesticide widely used in residential and agricultural settings since the 1970s to control a variety of pests (SFBRWQCB 2005). Residential use of diazinon was prohibited in 2004 but is still allowed for agricultural purposes. The San Francisco Bay RWQCB developed a plan, Diazinon And Pesticide-Related Toxicity in Bay Area Urban Creeks (2005), which outlines the RWQCB’s water quality attainment strategy and TMDL. Chapter 3. Physical Setting Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 3-24 October 2020 Table 3-2. 303(d) Listed Waterbodies in the Project Area for West County Channel Pollutant Potential Sources Wildcat Creek Diazinon Unknown San Pablo Creek Diazinon Urban Runoff/Storm Sewers Trash Unknown Pinole Creek Diazinon Unknown Rodeo Creek Diazinon Unknown Note: E – indicates the beneficial use exists in the water body. Source: SWRCB 2012. Trash from unknown sources was also identified as an impairment to San Pablo Creek (SWRCB 2012). The extensive urban interface with San Pablo Creek allows for trash to enter the system through illegal dumping (point source) and stormwater runoff (non-point source). Homeless encampments downstream of Giant Road may also contribute significantly to trash within the creek. Although not listed on the CWA Section 303(d) list, based on site visits conducted by Horizon Water and Environment, Wildcat Creek also experiences similar issues concerning illegal dumping, stormwater runoff, and homeless encampments downstream of Giant Road. 3.3.2 Central County Region Land uses in Central County are directly tied to major transportation corridors that traverse throughout the County. Residential and urban growth has spread outward from transportation corridors including I-680, SR 24, and SR 4. Ygnacio Valley Road, Clayton Road, and Concord Boulevard also serve as major thoroughfares and branches of urban growth. Unlike other regions in the County, the upper watershed area in Central County is far more developed with low to very low density, single family housing that extends from the lowlands up into the foothills, ridgelines, and steeper hillside areas. Open spaces are primarily located around the base and upper slopes of Mount Diablo, the Las Trampas Ridge (west of Danville), Lafayette Reservoir, and Briones Regional Park. Low density residential and commercial development are generally located around these open space areas, particularly in the communities of Lafayette, Orinda, Moraga, San Ramon, and Danville. Development intensity is generally higher in the cities of Concord, Walnut Creek, Pleasant Hill, and Martinez. The transportation corridors are also hubs for commercial and light industrial development. Heavy industrial areas and several large-scale petroleum refineries occupy the area north of SR 4 to Suisun Bay. However, much of the County’s shoreline along Suisun Bay and the Carquinez Strait is open space or parkland. North of Concord, land use consists of the former Concord Naval Weapons Station (approximately 7.9 square miles) and Port Chicago Military Terminal (approximately 12.0 square miles) (EBRPD 2016). The Naval Weapons Station is in the planning stages of redevelopment under the Concord Community Reuse Project, which proposes approximately 2,540 acres becoming an EBRPD-managed parklands (EBRPD 2016). The U.S. Navy Contra Costa County Routine Maintenance Manual Chapter 3. Physical Setting Contra Costa Public Works Department October 2020 3-25 is currently conducting cleanup efforts at approximately 60 specific locations where past releases of hazardous substances to soil and groundwater are either suspected or are known to have occurred (EBRPD 2016). The U.S. Army currently operates the Port Chicago Military Terminal. The Basin Plan for the San Francisco Bay Basin (SFBRWQCB 2015) identifies beneficial uses for several Central Costa County creeks. The creeks and their beneficial uses are provided in Table 3-3. Table 3-3. Beneficial Uses for Creeks in the Project Area for Central County Channel AGR FRSH COLD MIGR RARE SPAWN WARM WILD REC-1 REC-2 Walnut Creek E E E E E E E E San Ramon Creek E E E E Grayson Creek E E E E E E E Pine Creek E E E E E E E E Las Trampas Creek E E E E E E Lafayette Creek E E E E E E Bollinger Canyon Creek E E E E E E Tice Creek E E E E E Galindo Creek E E E E E Vine Hill Creek (Pachaco Creek) E E E E Note: E – indicates the beneficial use exists in the water body. Source: SFBRWQCB 2015. The State lists several Central Contra Costa County creeks on the CWA Section 303(d) List for impaired water bodies (SWRCB 2012). The creeks, the pollutant of concerns, and the potential source of that pollutant are provided in Table 3-4. Table 3-4. 303(d) Listed Waterbodies in the Project Area for Central County Channel Pollutant Potential Sources Walnut Creek Diazinon Unknown Grayson Creek Trash Unknown Pine Creek Diazinon Unknown Source: SWRCB 2012. Chapter 3. Physical Setting Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 3-26 October 2020 Walnut Creek and Pine Creek are both listed for diazinon (SWRCB 2012). Potential sources of diazinon are unknown, but agricultural practices maybe the core contributor as orchards and rangeland have historically been one of the main land uses in the watershed. Other CWA Section 303(d) waterbodies include Grayson Creek for trash from unknown sources (SWRCB 2012). Large homeless encampments frequently occur below the underpasses of I-680, SR 4, and Imhoff Drive and are the probable sources of trash. Illegal dumping and stormwater runoff likely contribute as well. 3.3.3 East County Region Land uses in the upper watersheds in the East County are predominately undeveloped, and consist of open space or agricultural lands, especially in the areas adjacent to Mount Diablo and the southeastern portions of the county. However, residential development in the lower lands of Pittsburg, Bay Point, Antioch, Oakley, and Brentwood have grown rapidly over the last several decades resulting in the conversion of agricultural lands and expanding outwards to designated open space and preserves. Many commercial areas are present along the SR 4 corridor, as well as the railroad line connecting the Port of Richmond to the Central Valley. In Pittsburg and Antioch, the waterfront areas near the Delta support heavy industrial uses. The Central Valley Basin Plan (CVRWQCB 2016) lists the following beneficial uses for the Sacramento-San Joaquin Delta: Municipal and Domestic Supply Irrigation; Stock Watering; Process; Service Supply; Contact; Other Noncontact; Cold; Warm; Wildlife Habitat; and Navigation. Beneficial uses for Marsh Creek include: REC-1 and REC-2 (potential uses), COMM, WARM, WILD, and RARE. Beneficial uses for Kellogg Creek and tributaries to Marsh Creek were not evaluated in the Basin Plan (CVRWQCB 2016). The Central Valley RWQCB evaluates smaller creeks on a case-by-case basis. The State does not list any of the East County creeks (e.g., Kellogg Creek, Marsh Creek, Sand Creek, or Deer Creek) on the CWA Section 303(d) List for impaired water bodies (SWRCB 2012). Common sources that may potentially affect water quality in East Contra Costa County might include: increased sedimentation from agricultural fields, row crops, or rangeland; erosion of stream channels; increased nutrient loads or pesticide runoff from agricultural practices; coliform bacteria from livestock; and trash, debris, and chemical contaminants from surface runoff or illegal dumping in urban areas. Contra Costa County Public Works Department October 2020 4-1 Chapter 4 Biological Resources Natural Communities and Habitats Contra Costa County (County) is characterized by extremely variable topography, with elevations ranging from sea level to 3,849 feet at the peak of Mount Diablo (Contra Costa County Community Development Department [CDD] 2004). There are two main ridgeline complexes which shape the county: the ridges associated with the East Bay hills in the western portion of the county, and the ridges and hills associated with Mount Diablo mostly in the center and southern portion (CDD 2004). The valley floors have largely been developed and account for the majority of the impervious surfaces in the county. Impervious surfaces cover about 35% of the land in the county (CDD 2004). Vegetation communities and habitats within the Contra Costa County Routine Maintenance Program (Maintenance Program or Program) area are shaped by topography, soil, climate, the frequency of natural disturbance, and human management. These factors influence the types and distribution of vegetation communities. To facilitate characterization of the biological resources present, or potentially present, within the Maintenance Program area (defined as a 500-foot buffer from the County’s flood control channels and other facilities including creeks, ditches, culverts, and basins), the Maintenance Program area is divided into seven maintenance areas, as depicted in Chapter 1, Figure 1-1. Land cover within the Maintenance Program area was assessed using Classification and Assessment with Landsat of Visible Ecological Groupings (CALVEG) data (U.S. Forest Service [USFS] 2014). The majority (64%) of the land cover surrounding maintenance areas is classified as urban (defined as dominated by urban structures, residential units, or other developed elements such as highways and city parks), with the next most common land cover being the annual non-native grassland (Figure 4-1) (USFS 2014). As the minimum mapping unit for CALVEG data is 2.5 acres, some habitats/land uses present within the Maintenance Program area may not be accurately captured within the data displayed in Figure 4-1. The pie chart of Figure 4-1 shows the distribution of 10 land-use and habitat types in the Maintenance Program area, based on the CALVEG data. For the purposes of the Contra Costa County Routine Maintenance Manual (Manual), these 10 habitats (or land uses) have been re- grouped into seven general categories, including: (1) aquatic/wetland, (2) riparian woodland/shrub, (3) forest/woodland, (4) scrub/shrubland, (5) grasslands, (6) urban, and (7) agriculture. Each of these seven habitat/land use categories is described below. The vegetation classification system applied to the Maintenance Program area does not follow one specific methodology (e.g., Holland 1986, Sawyer et al. 2009, USFS 2009) rather it draws from several resources to best communicate the characteristics of the habitats in the Maintenance Program area. Chapter 4. Biological Resources Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 4-2 October 2020 Source: USFS 2014 Figure 4-1. Land Cover within the Program Area Based on CALVEG Data 4.1.1 Aquatic and Wetland Communities Aquatic habitats provide important ecosystem services such as fish and wildlife habitat, groundwater recharge, flood attenuation, and nutrient cycling. Aquatic habitats in Contra Costa County are diverse in type and function. The channels and basins that form the drainage network within the County are the primary aquatic habitats relevant to Program activities. To a lesser extent, freshwater wetlands may also be affected by Program activities. The saline wetlands (i.e., salt and brackish marsh) that occur in the northern and western parts of the County are included in the Maintenance Program area where flood control channels enter the marshes. Vernal pools are not likely to be affected by the Maintenance Program’s channel maintenance activities, and are not addressed in this Manual. Fish resources are addressed in Section 4.2. Streams and Drainages Streams and drainages in the Maintenance Program area drain to San Pablo Bay, Suisun Bay, and the Sacramento-San Joaquin River Delta (Delta). Other smaller water conveyance features such as ditches and swales are also included in the Maintenance Program area. The characteristics of the aquatic habitat associated with these features vary considerably. Several of the channels provide perennial aquatic habitat for fish and wildlife. Many smaller streams and drainages experience periods of low flow or no surface flow during summer and fall. As described in Chapter 1, Section 1.5, Primary Channel Types, maintenance activities primarily occur in the following flood control channel types: concrete channels that are either U-shaped 64% 21% 5%3%2%2%1%1%1%0% Land Cover within the Program AreaUrban or Developed (64%)Annual Non-Native Grassland (21%)Agriculture (5%)Oak Alliances (3%)Intertidal/Saline Wetlands (2%)Water (2%)Riparian Mixed Hardwood Alliance (1%)Non-Native/OrnamentalConifer/Hardwood Alliance (1%)Freshwater emergent wetlands (1%)Non-Native/Ornamental HardwoodAlliance (<1%) Contra Costa County Routine Maintenance Manual 4. Biological Resources Contra Costa County Public Works Department October 2020 4-3 or trapezoidal, engineered earthen channels that are either v-shaped or trapezoidal, or a combination of these. Grouted riprap may be found in sections of all of these channel types. There are also natural earthen channels throughout the County. Aquatic habitat in tidally influenced channels in the Maintenance Program area supports salt tolerant plants such as cordgrass (Spartina spp.) and three-square bulrush (Schoenoplectus americanus). Concrete channels typically support shallow-rooted or floating aquatic plants such as watercress (Nasturtium officinale), water primrose (Ludwigia spp.), water plantain (Alisma plantago-aquatica), smartweeds (Polygonum spp.) and non-vascular plants such as filamentous algae. Cattail (Typha spp.), hardstem bulrush (Schoenoplectus acutus), and knotgrass (Paspalum distichum) are common in low-gradient earthen channels that are not in the tidal zone. Giant horsetail (Equisetum telmateia), perennial pepperweed (Lepidium latifolium), tall flatsedge (Cyperus eragrostis), curly dock (Rumex crispus), and cocklebur (Xanthium strumarium) may also be present. Common, widespread bird species that use streams habitats in the Maintenance Program area include herons, egrets, and waterfowl. Some species of amphibians use stream habitats for breeding, particularly American bullfrogs (Lithobates catesbeianus), which are not native to California. Native amphibians and reptiles that may be present in and around aquatic habitats in the Maintenance Program area include Sierran chorus frog (Pseudacris sierra), California toads (Bufo boreas halophilus), California slender salamander (Batrachoseps attenuatus), California newt (Taricha torosa), and non-native red-eared slider (Trachemys scripta elegans). Mammals including beavers (Castor canadensis) may also occur in channels and ponds throughout the Program area, although are anticipated to be more likely to occur in channels with woody riparian vegetation. Beavers require permanent, preferably deep, water in rivers, streams, lakes, or ponds, and consume both herbaceous vegetation and tree bark (Johnson and Harris 1990). Beavers have been observed in Marsh Creek among other locations in the County. Special-status species with the potential to occur in streams and drainages include California red-legged frog (Rana draytonii), foothill yellow-legged frog (Rana boylii), western pond turtle (Actinemys marmorata), giant garter snake (Thamnophis gigas), and steelhead trout 1 (Oncorhynchus mykiss). Fish species are discussed further in Section 4.2. 1 Common names of birds and fish mentioned in this document are capitalized per International Ornithological Union and American Fisheries Society guidelines. Aquatic vegetation in Reach 3 of San Pablo Creek Chapter 4. Biological Resources Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 4-4 October 2020 Lacustrine (Pond, Lake, Reservoir) Lacustrine habitats are flooded with standing water exceeding 2 meters (6.6 feet [ft]) at low water. Lacustrine habitats in the Maintenance Program area include Pine Creek Reservoir in the Central Contra Costa County Maintenance Area, Dry Creek and Marsh Creek Reservoirs in the Southeast Contra Costa County Maintenance Area, and Deer Creek Reservoir in the Northeast Contra Costa County Maintenance Area, along with some smaller lakes and ponds Floating and/or submerged vegetation is often found in lacustrine habitats. Duckweeds (Lemna spp.) may be found floating on the water surface, and rooted plants with floating leaves, such as smartweed (Persicaria sp.) may also be found. Submerged plants include algae and pondweeds (Potamogeton spp.). Ponds, lakes, and reservoirs provide habitat for a variety of wildlife species. Common resident birds that occur in these habitats throughout the watershed include Western Grebe, (Aechmophorus occidentalis), Double-crested Cormorant (Phalacrocorax auritus), Canada Goose (Branta canadensis), and Mallard (Anas platyrhynchos). Many species of wintering ducks, such as the Common Merganser (Mergus merganser), Northern Shoveler (Anas clypeata), Lesser Scaup (Aythya affinis), and Bufflehead (Bucephala clangula), are also present. Amphibian species that may be found in lacustrine habitats include the Sierran chorus frog, American bullfrog, California slender salamander, California newt, and western toad (Anaxyrus boreas). Special-status species with the potential to occur in lacustrine habitats include western pond turtle and slender-leaved pondweed (Stuckenia filiformis ssp. alpina). Fish species are discussed further in Section 4.2. Freshwater Emergent Wetlands Freshwater wetlands are distributed throughout the Maintenance Program area in swales, low- lying areas, retention basins, and around pond and reservoir margins. Freshwater wetlands in the Maintenance Program area are typically characterized by monocots—grasses and grass-like plants in the sedge and rush families—that are tolerant of extended exposure to saturated soils or inundation by surface water. Perennial wetlands that hold water for most or all of the year are characterized by dense stands of cattail and bulrushes. Similar to lacustrine habitats, open water areas may support plants with floating leaves, such as duckweed. Associated species in perennial wetlands include other bulrush species, floating water-primrose, water-plantain, tall flatsedge, mint (Mentha spp.), and smartweeds. Wetlands with seasonal hydrology support sedges (Carex spp.) and sometimes rushes (Juncus effusus, J. balticus, and others). Mediterranean barley (Hordeum marinum ssp. gussoneanum), Italian ryegrass, and curly dock are common associated species in seasonal wetlands. Cattails in Rheem Creek Contra Costa County Routine Maintenance Manual 4. Biological Resources Contra Costa County Public Works Department October 2020 4-5 In retention basins in the Maintenance Program area, cattail is often dominant with smaller pockets of hardstem bulrush, floating water primrose (Ludwigia peploides), and white sweetclover (Melilotus albus). Ecotones communities may be present in transitional zones to the upland. The lower ecotones may include a wide array of herbaceous species such as cockleburr, tall flatsedge, horseweed, giant horsetail, and tall annual willowherb (Epilobium brachycarpum). Arroyo willow saplings (Salix lasiolepis) may also be common here. The higher ecotone extends to the upland and features many non-native annual species commonly including wild oat (Avena fatua), Harding grass (Phalaris aquatica), ripgut brome, mustards, wild radish (Raphanus sativus), common sowthistle, and curly dock. Freshwater wetlands, particularly those with structural complexity (e.g., multiple vegetation strata), may provide high-quality wildlife habitat that offers nesting, foraging, roosting, and cover for a variety of species. The high plant productivity typical of freshwater wetlands frequently offers abundant food sources and cover for wildlife. The wildlife community that commonly receives the most evident benefit from freshwater wetlands is birds. Common and uncommon bird species typically associated with emergent freshwater wetlands that may be found in the County include grebes, rails (e.g., Virginia Rail [Rallus limicola], American Coot [Fulica americana]), herons, egrets, ducks (e.g., Wood Duck [Aix sponsa], Cinnamon Teal [Anas cyanoptera]), Marsh Wren (Cistothorus palustris), and Common Yellowthroat (Geothlypis trichas). Amphibians and reptiles that use freshwater wetlands include Pacific chorus frogs, western toads, various turtles, and garter snakes (Thamnophis spp.), which in turn provide food for animals including birds and mammals. Mammal visitors to freshwater wetlands include deer mouse (Peromyscus spp.), California meadow vole (Microtus californicus), river otter (Lutra canadensis), mule deer (Odocoileus hemionus), coyote (Canis latrans), raccoon (Procyon lotor), and striped skunk (Mephitis mephitis). Muskrats (Ondatra zibethicus) and beaver (Castor canadensis) may use freshwater wetlands for cover, food, and/or hut/lodge construction. Many bat species forage for insect prey over wetlands. Freshwater wetlands typically contain many invertebrates—such as dragonflies, craneflies, and snails—that provide an important food source for other species. Special-status species with the potential to be present in emergent wetlands include California red-legged frog, foothill yellow-legged frog, California tiger salamander, western pond turtles, Tricolored Blackbird (Agelaius tricolor), California Black Rail (Laterallus jamaicensis coturniculus) bristly sedge (Carex comosa), and marsh skullcap (Scutellaria galericulata). Intertidal/Saline wetlands Near the bays and Delta, flood control channels enter intertidal wetlands or other saline or brackish areas. In these habitat types, pickleweed (Salicornia pacifica), salt grass (Distichlis spicata), gumplant (Gindelia stricta), and cordgrass (Spartina sp.) may be found in the channel and/or on the banks. Often chairmaker’s bulrush (Schoenoplectus americanus), and hardstem bulrush may also be present in less saline areas. These habitats are found in the lower reaches of Wildcat Creek, San Pablo Creek, and Pinole Creek in the West Contra Costa County Maintenance Area, the lower reaches of Pacheco Creek and Walnut Creek in the North Central Contra Costa County Maintenance Area, and lower reach Chapter 4. Biological Resources Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 4-6 October 2020 of Marsh Creek in the Northeast Contra Costa County Maintenance Area. It should be noted that the County does not routinely conduct maintenance in these habitats. Special-status species such as salt marsh harvest mouse (Reithrodontomys raviventris), San Pablo vole (Microtus californicus sanpabloensis), Suisun Song Sparrow (Melospiza melodia maxillaris), Ridgeway Rail (Rallus obsoletus) (formerly the California Clapper Rail [Rallus longirostris obsoletus]), California Black Rail (Lateratlus jamaicensis coturniculus), White-tailed Kite (Elanus leucurus), Northern Harrier (Circus cyaneus), soft salty bird's-beak (Chloropyron molle ssp. molle), Delta tule pea (Lathyrus jepsonii var. jepsonii), Delta mudwort (Limosella australis), and Suisun marsh aster (Symphyotrichum lentum) may occur in these habitats. 4.1.2 Riparian Woodland/Shrub Communities Riparian habitats are important ecologically because they provide wildlife corridors, a link between terrestrial and aquatic communities, diverse structure, and food and water for a variety of wildlife species. Riparian woodlands in the Maintenance Program area consist largely of willows (Salix spp.), coast live oak (Quercus agrifolia), and valley oak (Quercus lobata), which can range from sparse to dense cover. Other trees which may occur are Fremont cottonwood (Populus fremontii), Oregon ash (Fraxinus latifolia), walnuts (Juglans spp.), and California buckeye (Aesculus californica) Common shrubs include coyote brush (Baccharis pilularis) and toyon (Heteromeles arbutifolia). Common understory species include Himalayan blackberry, poison oak (Toxicodendron diversilobum) and mugwort (Artemisia douglasiana). Throughout the Maintenance Program areas, banks are commonly covered with weedy non-native grasses such as wild oats (Avena spp.), ripgut brome (Bromus diandrus), Italian rye grass (Festuca perennis), Johnsongrass (Sorghum halepens), Smilo grass (Stipa miliacea), and Bermuda grass (Cynodon dactylon). Common sow thistle (Sonchus oleraceus), fennel (Foeniculum vulgare), horseweed (Erigeron canadensis), curly dock, mustard (Brassica sp. or Hirschfeldia incana), poison hemlock (Conium maculatum), Italian thistle (Carduus pycnocephalus), and other ruderal species may be found near the top-of-bank. Similar understory composition on the banks may be found in forest/woodland communities as well. Thickets of shrubby arroyo willow are found along some streams, with an understory similar to riparian woodlands (East Bay Municipal Utilities District [EBMUD] 2006). Many bird species nest and/or forage within riparian woodland and shrub communities. Insectivorous birds which may be found in riparian habitats include Bewick’s Wren (Thryomanes bewickii), Chestnut-backed Chickadee (Poecile rufescens), Northern Flicker (Colaptes auratus), Dark-eyed Junco (Junco hyemalis), and Black Phoebe (Sayornis nigricans) (EBMUD 2006). Raptors such as Cooper’s Hawk (Accipiter cooperii), Red-tailed Hawk (Buteo jamaicensis), and Red-shouldered Hawk (Buteo lineatus) may nest in riparian areas. Common mammals which use riparian habitats include raccoons, bats such as hoary bat (Lasiurus cinereus) and Yuma myotis (Myotis yumanensis), ornate shrew (Sorex ornatus), brush rabbit (Sylvilagus bachmani), and coyote. Contra Costa County Routine Maintenance Manual 4. Biological Resources Contra Costa County Public Works Department October 2020 4-7 Special status species such as western red bat (Lasiurus blossevillii), San Francisco dusky-footed woodrat (Neotoma fuscipes annectens), and Loggerhead Shrike (Lanius ludovicianus)could potentially occur in riparian communities. 4.1.3 Forest/Woodland Communities Oak Woodlands A variety of oak woodlands exist in the Maintenance Program area, ranging from mixed oak woodlands to valley oak/coast live oak woodlands. Mixed oak woodlands have variable cover of coast live oak and valley oak trees, with the understory usually consisting of shrubs and grasses similar to those often found in non-native grassland communities (EBMUD 2006). Other canopy species that may be present include native trees such as black oak (Quercus kelloggii), madrone (Arbutus menziesii), and California bay (Umbellularia californica), and the non-native tree blue gum eucalyptus (Euculyptus globulus) (EBMUD 2006). Many bird species use oak woodland as habitat, including Warbling Vireo (Vireo gilvus) and White-breasted Nuthatch (Sitta carolinensis) (EBMUD 2006). Acorns are an important food source for species such as Nuttall’s Woodpecker (Picoides nuttallii), Western Scrub Jay (Aphelocoma californica) and squirrels (Sciurus sp.) (EBMUD 2006). Raptors such as Red-tailed Hawk and cavity-nesting birds may nest in oak woodlands. Bats may also roost in tree cavities. Large non-native species such as Wild Turkey (Meleagris gallopavo) and feral pig (Sus scrofa) may also use oak woodlands (EBMUD 2006). Special status species with the potential to occur in oak woodlands include Diablo helianthella (Helianthella castanea), and Alameda whipsnake (Masticophis lateralis euryxanthus). Eucalyptus Woodland The blue gum eucalyptus is the dominant tree in this community, although red iron bark eucalyptus (Eucalyptus sideroxylon) is occasionally present (EBMUD 2006). Eucalyptus trees produce abundant litter containing allelopathic chemicals, which leads to a sparse understory beneath these trees (Sawyer et al 2009). Bird species which may nest and roost in eucalyptus woodlands include the American Crow (Corvus brachyrhynchos), Red-tailed Hawk, and other raptors (EBMUD 2006). Special-status raptors are not anticipated. Reptiles such as northern alligator lizard (Elgaria coerulea) and gopher snake (Pituophis melanoleucus) may be found in the understory (EBMUD 2006). Monarch butterflies (Danaus plexippus) are known to use eucalyptus woodlands for overwintering habitat (Griffiths and Villablanca 2015). This species generally overwinters close to the Pacific coast, but overwintering populations have been recorded in Point Pinole, near the Maintenance Program area (Monroe et al. 2016). Special-status species are unlikely to be found in this habitat type. Non-Native Hardwood or Conifer This community can be found in a few locations in the Maintenance Program area, mostly along Las Trampas and Tice creeks but also portions of Wildcat Creek and near Marsh Creek Reservoir. This community is composed of a combination of non-native/ornamental hardwood and conifer Chapter 4. Biological Resources Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 4-8 October 2020 species, and can range from majority hardwoods to majority conifers. Species found in this community include Monterey pine (Pinus radiata), Jeffrey pine (Pinus jeffreyi), and ponderosa pine (Pinus ponderosa), as well as ornamental species such as weeping willow (Salix babylonica) (EBMUD 2006). Some native species may also be found, including planted redwood (Sequoia sempervirens). The understory is largely non-native grasses, although some native shrubs may be found. Wildlife in this habitat is similar to that in eucalyptus woodlands. Special-status species are unlikely in this habitat, with the exception of special-status raptors that could potentially nest in these areas. 4.1.4 Scrub/Shrubland Communities Lower Montane Mixed Chaparral This community is uncommon in the Maintenance Program area, but can be found in the upper reach of Sycamore Creek in the South-Central section of the Maintenance Program area (mapped from CALVEG data). Chamise (Adenostoma fasciculatum), ceanothus (Ceanothus spp.), manzanita (Arctostaphylos spp.), oak (Quercus spp.), and coyote brush are components of this community (USFS 2009). Special-status species which could potentially occur in this habitat include Alameda whipsnake, chaparral harebell (Campanula exigua), Mt. Diablo fairy lantern (Calochortus pulchellus), and Hall’s bush-mallow (Malacothamnus hallii). 4.1.5 Grasslands Annual Non-Native Grassland This community is found throughout all seven maintenance areas, and is the second most common land cover in the Maintenance Program area. This community is composed largely of non-native annual grasses, which are associated with both annual and perennial herbs (EBMUD 2006). The life cycle of these species generally follows a pattern of late-winter germination, active growth during the wet seasons of late winter and early spring, copious seed production followed by completion of their life cycle in summer (EBMUD 2006). This life cycle allows non- native annual grasses to outcompete native perennial grasses. Common grasses in this community include wild oats, bromes (Bromus spp.), and vulpia (Vulpia myuros) (EBMUD 2006). Both native and non-native herbs are associated with these grasslands, including California poppy (Eschscholzia californica), black mustard (Brassica nigra), filaree (Erodium botrys and E. cicutarium), and various clovers (Orthocarpus and Trifolium spp.) (EBMUD 2006). Various invasive thistles are also common, including yellow star-thistle (Centaurea solstitialis), milk thistle (Silybum marianum), and Italian thistle. Ranching occurs in this habitat type in the Maintenance Program area, specifically in Camino Tassajara and Alhambra Valley. A variety of wildlife species use grasslands. Small mammals (such as California ground squirrel [Spermophilus beecheyi] or deer mouse) and birds eat grass seeds, and carnivores including foxes, coyotes, bobcats, owls and hawks prey on these animals (EBMUD 1999). Insectivorous birds such as shrikes and swallows forage on grassland insects, while Turkey Vultures scavenge Contra Costa County Routine Maintenance Manual 4. Biological Resources Contra Costa County Public Works Department October 2020 4-9 in these areas (EBMUD 1999). Reptile species present in this habitat include western fence lizard (Sceloporus occidentalis), common garter snake (Thamnophis sirtalis), and western rattlesnake (Crotalis viridis). Special-status species may occur in this habitat. California red-legged frog and California tiger salamander may be estivate in burrows within this habitat, where burrows are in proximity to their breeding habitat. San Joaquin kit fox (Vulpes macrotis mutica) may also use this habitat. White-tailed Kites may forage in these areas and Burrowing Owls (Athene cunicularia) and Alameda whipsnake could potentially be present. Special-status plants with the potential to occur include Carquinez goldenbush (Isocoma arguta), bent-flowered fiddleneck (Amsinckia lunaris), and round-leaved filaree (California macrophylla). 4.1.6 Urban The majority (64%) of the land cover in the Maintenance Program area is urban land (as mapped using CALVEG data). This land cover is characterized as being dominated by urban structures, residential developments, and roads (USFS 2009). Vegetation largely consists of landscaping and horticultural plantings. Often the flood control channel is contained with a concrete box channel, concrete trapezoidal channel, or other engineered channel when passing through urban areas. These concrete channels provide minimal habitat values. In urban areas, understory vegetation on the banks includes ivy (Hedera spp.), oleander (Nerium oleander), red valerian (Centranthus ruber), and other cultivated and/or weedy plants. Canopy cover in urban areas largely consists of planted trees and large shrubs, including blue gum (Eucalyptus globulus), valley oak, coast live oak, and oleander. Pines (Pinus spp.), walnuts, Fremont cottonwood, olive (Olea europaea), fruit trees (Prunus spp.), and acacia (Acacia spp.) may also be present. Several common bird and wildlife species are adapted to conditions in urban areas. Non-native species include Rock Pigeon (Columba livia), European Starling (Sturnus vulgaris), House Sparrow (Passer domesticus), Virginia opossum (Didelphis virginiana), house mouse (Mus musculus), and Norway rat (Rattus norvegicus). Native wildlife that may be found in urban areas includes birds such as House Finch (Carpodacus mexicanus), Anna’s Hummingbird (Calypte anna), and California Towhee (Pipilo crissalis), and mammals such as deer mouse, raccoon, and striped skunk. Bridges or structures may provide nesting habitat for bats and birds, including Cliff Swallow (Petrochelidon pyrrhonota), Barn Swallow (Hirundo rustica), and big brown bat (Eptesicus fuscus). Special-status species are unlikely to occur in urban areas. 4.1.7 Agriculture Agricultural land-use includes diverse plant cover due to the variety of crops that are grown in the Maintenance Program area. Annual crops are common but perennial crops also occur. Vegetation height can vary from cherry and walnut orchards to short squash and other row-crop fields. In the agricultural areas near the Delta, agricultural land may be hay or pastureland. In Contra Costa County, agricultural land largely occurs in the eastern portion of the county and Chapter 4. Biological Resources Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 4-10 October 2020 may be associated with rural residential housing. Agricultural habitats largely occur along Marsh Creek and its tributaries. Ranching activities also occur within the Maintenance Program area and are discussed above in Section 4.1.5. Agricultural lands in the Maintenance Program area generally do not support high numbers of wildlife species, and provide limited habitat for special status species. However, some common rodent species such as California ground squirrel and valley pocket gopher, reptiles including gopher snakes and western fence lizards, and raptors including Red-tailed Hawks foraging on these species may occur on the edges of cultivated areas. Special-status species such as White-tailed Kites and giant garter snake may potentially be found in agricultural areas. Fish Resources The streams, drainages, and lakes in the Maintenance Program area provide habitat for a variety of fresh water, euryhaline (adapted to variety of salinities), and anadromous fish species. All fish communities in the Maintenance Program area watersheds include both native and non-native fish species. Native fish species found primarily in fresh water habitats in the Maintenance Program area watersheds include Sacramento Splittail (Pogonichthys macrolepidotus), Sacramento Pikeminnow (Ptychocheilus grandis), Sacramento Sucker (Catostomus occidentalis), California Roach (Hesperoleucus symmetricus), Steelhead/Rainbow Trout, Chinook salmon (Oncorhynchus tshawytscha), Threespine Stickleback (Gasterosteus aculeatus), and Prickly Sculpin (Cottus asper) (Leidy 2007). Steelhead and Chinook Salmon are anadromous; i.e., adults primarily reside in the ocean but spawning and rearing takes place in freshwater. Rainbow trout are the non- anadromous form of steelhead (i.e., freshwater species) that are located typically in the upper watershed areas near reservoirs (refer to Figure 4-2). Sacramento Splittail have a similar life history, residing in estuarine habitats as adults and migrating into large rivers to spawn in fresh water. Delta and Longfin Smelt may occasionally be found in brackish portions of flood control channels. Non-native freshwater species include Common Carp (Cyprinus carpio), Goldfish (Carassius auratus), Fathead Minnow (Pimephales promelas), Golden Shiner (Notemigonus crysoleucas), Channel Catfish (Ictalurus punctatus), Rainwater Killifish (Lucania parva), White Catfish (Ameiurus catus), Brown Bullhead (Ameiurus nebulosus), Inland Silverside (Menidia beryllina), Western Mosquitofish (Gambusia affinis), Striped Bass (Morone saxatilis), Largemouth Bass (Micropterus salmoides, Bluegill (Lepomis macrochirus), Redear Sunfish (Lepomis microlophus), Green Sunfish (Lepomis cyanellus), Pumpkin Seed (Lepomis gibbosus), and Black Crappie (Pomoxis nigromaculatus) (Leidy 2007). Some non-native fishes found in fresh water habitats in the Maintenance Program area, including Inland Silversides and Striped Bass, also use salt water or brackish water during a portion of their life cycle. Contra Costa County Routine Maintenance Manual 4. Biological Resources Contra Costa County Public Works Department October 2020 4-11 Anadromous Salmonids Fall-run Chinook Salmon are currently attempting to spawn in lower reaches of the Walnut Creek watershed, and are also present in the Marsh Creek watershed (Leidy 2007). However, there has been considerable habitat degradation and loss of anadromous fish habitat in the County relative to historical conditions. Steelhead are still present in Contra Costa County watersheds, but current abundance is thought to be only a small fraction of historical levels (Leidy et al. 2005). The Walnut Creek watershed historically likely supported Steelhead throughout the basin (Leidy et al. 2005). Currently, steelhead are known to routinely enter the lower reaches of Walnut Creek, but their upstream migration is blocked by the drop structure at Willow Pass Road (Leidy et al. 2005). San Pablo Creek also supports reproducing steelhead (Becker et al. 2007). Steelhead currently reproduce in Wildcat Creek below Jewel Lake (Leidy et al. 2005). The Pinole Creek watershed currently supports steelhead (Leidy et al. 2005), and has been identified as the best potential steelhead stream in Contra Costa County, with opportunities for both restoration and education of the public about this species (Becker et al. 2007). The extent of steelhead in the Program area is shown on Figure 5-1 in Chapter 5. Pinole Creek San Pablo Creek Wildcat Creek Pacheco Creek S a n P a b l o B a y 0 21 Miles T:\_PROJECTS\14003_ContraCosta_SMP\mxd\Permitting\NMFS\steelhead\Figure_1_rainbow_overview.mxd 9/10/2020 PGCounty-maintained portions of channels within the Program Area Potential Rainbow Trout Presence Creek Figure 4-2 Location of Routine Maintenance Channels with Potential Resident Rainbow Trout Distribution in the Program Area Wildcat Creek Trail Downstream Extent of Rainbow Trout Wildcat Creek Downstream Extent of Rainbow Trout San Pablo Creek 13 580 24 80 0 21 Miles T:\_PROJECTS\14003_ContraCosta_SMP\mxd\Permitting\NMFS\steelhead\Figure_1_rainbow_individualcreeks.mxd 9/10/2020 PGPage 2 of 2 County-maintained portions of channels within the Program Area Creek Potential Rainbow Trout Presence RMP Features Figure 4-2 Potential Rainbow Trout Distribution for San Pablo Creek andWildcat Creek in the Program Area Potential Rainbow Trout Presence Downstream Extent of Rainbow Trout Pinole Creek 80 4 0 10.5 Miles T:\_PROJECTS\14003_ContraCosta_SMP\mxd\Permitting\NMFS\steelhead\Figure_1_rainbow_individualcreeks.mxd 9/10/2020 PGPage 1 of 2 County-maintained portions of channels within the Program Area Creek Potential Rainbow Trout Presence RMP Features Figure 4-2 Potential Rainbow Trout Distribution for Pinole Creek in the Program Area Potential Rainbow Trout Presence Chapter 4. Biological Resources Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 4-16 October 2020 Page intentionally left blank Contra Costa County Routine Maintenance Manual 4. Biological Resources Contra Costa County Public Works Department October 2020 4-17 Special-Status Plant and Animal Species For the purpose of this Manual, special-status species are defined as described below. These species are protected under various federal, state, and local laws and ordinances described in Chapter 2, Regulatory Framework. “Special-status” plants are considered plant species that are:  Listed under the Federal Endangered Species Act (ESA) as threatened, endangered, proposed threatened, proposed endangered, or a candidate species  Listed under the California Endangered Species Act (CESA) as threatened, endangered, rare, or a candidate species  Listed by the California Department of Fish and Wildlife (CDFW) and California Native Plant Society (CNPS) as California Rare Plant Rank (CRPR) 1A, 1B, 2A, 2B, 3, or 4.  “Special-status” animals are considered animal species that are:  Listed under the ESA as threatened, endangered, proposed threatened, proposed endangered, or a candidate species  Listed under the CESA as threatened, endangered, or a candidate threatened or endangered species  Designated by the CDFW as a California species of special concern  Listed in the California Fish and Game Code as a fully protected species (birds at §3511, mammals at §4700, reptiles and amphibians at §5050, and fish at §5515). 4.3.1 Special-Status Plants A list of special-status plant species known from or potentially occurring in Contra Costa County was compiled using CNPS lists (CNPS 2020), California Natural Diversity Database (CNDDB) records (CDFW 2020), and the U.S. Fish and Wildlife Services (USFWS) Information for Planning and Conservation (IPaC) report (USFWS 2020) and is presented in Table 4-1. Figures 4-3 through 4-8 present maps of CNDDB occurrences of these special-status plants. The Maintenance Program area, as shown in Figures 4-3 through 4-8, represents areas where the County conducts maintenance activities. The CRPR are defined as follows:  Rank 1A: Plants Presumed Extirpated in California and Either Rare or Extinct Elsewhere  Rank 1B: Plants Rare, Threatened, or Endangered in California and Elsewhere  Rank 2A: Plants Presumed Extirpated in California, But Common Elsewhere  Rank 2B: Plants Rare, Threatened, or Endangered in California, But More Common Elsewhere  Rank 3: Plants About Which More Information is Needed - A Review List  Rank 4: Plants of Limited Distribution - A Watch List The threat ranks which follow the rare plant rankings are: Chapter 4. Biological Resources Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 4-18 October 2020  0.1 - Seriously threatened in California (over 80% of occurrences threatened / high degree and immediacy of threat)  0.2 - Moderately threatened in California (20-80% occurrences threatened / moderate degree and immediacy of threat)  0.3 - Not very threatened in California (less than 20% of occurrences threatened / low degree and immediacy of threat or no current threats known) The potential for special-status plants to occur in the Maintenance Program area, as described in Table 4-1 below, is defined by using the following terms: None - The area completely lacks suitable habitat, the local range for the species is restricted, and/or the species is extirpated in this region. Not Expected - Suitable habitat or key habitat elements might be present but might be of poor quality or isolated from the nearest extant occurrences, and/or the species is not known to occur in the area. Possible - Presence of suitable habitat or key habitat elements that potentially support the species. Present - The species was either observed directly or its presence was confirmed by field investigations or in previous studies conducted in the area. 4.3.2 Special-Status Animals A list of special-status animal species known from or potentially occurring in Contra Costa County was compiled using the USFWS IPaC tool (USFWS 2020), and CNDDB records (CDFW 2020) and is presented in Table 4-2. The potential for special-status animal species to occur in the Maintenance Program area is defined in Section 4.3.1. Figures 4-9 through 4-14 present maps of CNDDB occurrences of these special-status animals. W ild c a t C r eek S a n P a blo Creek R heem Creek Garrity C reekPin ole Cr eekRod e o C r e e k WildcatBasin 3 SanPabloReservoir San Pablo Bay San P ablo Creek1 4 5 7 6 215 40 50 73 106 16 1 1 104 30 63 30 27 44 35 38 55 15 36 39 23 15 29 28 66 31 Flood Control Channels Flood Control Channels Basin Program Area 0 1 20.5 Miles Figure 4-3Special Status Plant Species in theWest Contra Costa CountyMaintenance Area T:\_PROJECTS\14003_ContraCosta_SMP\mxd\BioResources\Figure_4_CNDDB_plants_021920.mxd 2/19/2020 PGRoutine/FrequentMaintenance Location Figure4-3 Figure4-6 Figure4-5 Figure4-4 Figure4-6 Figure4-7 7 Special Status Plants Carquinez goldenbush Contra Costa goldfields Diablo helianthella Loma Prieta hoita Santa Cruz tarplant bent-flowered fiddleneck fragrant fritillary long-styled sand- spurrey pallid manzanita soft salty bird's-beak 123 CNDDB Occurrence Number Source: CNDDB, February 2020 update San R a m o n C r e e k San Ramon CreekGree nValle y C r e ek Sy ca m oreCreek 11 14 Trib ofSan Ramon Alamo CreekWest Branch Alamo CreekSerafixBasin RassierRanch Basin Canyon OakBasin Hidden OakBasinMossy OakBasin BettencourtBasin ShadowCreekBasin Basin51 and 52 10 13 15 CanyonLakes 12 8 9FCM23 Blackhawk1 5 45 45 9 2 4 6281 5 3 34 5 17 1 3 20 20 70 3 8 6 1 3 2 80 7 4 4 1 56 19 1 52 5 76 16 13 1 1 123 5 22 92 40 65 78 78 92 9095 96 94 5 24 5 93 38 23 22 38 22 100 101 Flood Control Channels Flood Control Channels Basin Program Area 0 1 20.5 Miles Figure 4-4Special Status Plant Species in theSouth Central Contra Costa County Maintenance Area T:\_PROJECTS\14003_ContraCosta_SMP\mxd\BioResources\Figure_4_CNDDB_plants_021920.mxd 2/19/2020 PGRoutine/FrequentMaintenance Location Figure4-3 Figure4-6 Figure4-5 Figure4-4 Figure4-6 Figure4-7 7 Special Status Plants Brewer's western flax Congdon's tarplant Contra Costa manzanita Diablo helianthella Hall's bush-mallow Loma Prieta hoita Mt. Diablo buckwheat Mt. Diablo fairy-lantern Mt. Diablo manzanita Mt. Diablo phacelia San Joaquin spearscale bent-flowered fiddleneck chaparral harebell coastal triquetrella fragrant fritillary oval-leaved viburnum shining navarretia slender silver moss woodland woollythreads 123 CNDDB Occurrence Number Source: CNDDB, February 2020 update SanRamonCr . S a n R am o n C r e e k G alindoCr e e kPine C r eekPine CreekY g n a c i o D r a i n G r a y sonCreekEastBranchGraysonCreekWalnut CreekL a s T ram pas Cr e e k TiceCreekBypassS a ns CraintCre ekRossmoorBasin Pine CreekReservoir Bogue RanchUpper Basin Bogue RanchLower Basin Pine Creek Basin SerafixBasin 18 23 24 30 31 20 29 16 25 26 27 28 Pine CreekBox Culvert 21 22 17 19 Monument BlvdYgnacio Valley Rd48 16 87 11 2 11 55 1012 17 21 7 28 22 19 1 2 6 4 6 1 2 3 2 3 7 4 23 96 65 2020 29 41 45 13 97 46 34 9 105 31 116 25 11 74 117 85 77 39 26 27 28 49 47 12 Flood Control Channels Flood Control Channels Basin Program Area 0 1 20.5 Miles Figure 4-5Special Status Plant Species in theCentral Contra Costa County Maintenance Area T:\_PROJECTS\14003_ContraCosta_SMP\mxd\BioResources\Figure_4_CNDDB_plants_021920.mxd 2/19/2020 PGRoutine/FrequentMaintenance Location Figure4-3 Figure4-6 Figure4-5 Figure4-4 Figure4-6 Figure4-7 7 Special Status Plants Antioch Dunes evening-primrose Congdon's tarplant Contra Costa goldfields Contra Costa manzanita Diablo helianthella Hall's bush-mallow Hospital Canyon larkspur Jepson's coyote-thistle Lime Ridge eriastrum Lime Ridge navarretia Mt. Diablo buckwheat Mt. Diablo fairy-lantern Mt. Diablo jewelflower Mt. Diablo manzanita San Joaquin spearscale bent-flowered fiddleneck big tarplant fragrant fritillary most beautiful jewelflower oval-leaved viburnum slender silver moss slender-leaved pondweed 123 CNDDB Occurrence Number Source: CNDDB, February 2020 update V ine HillCreek PachecoCreekPac h e c o C r e e k W a l n u t C r e e k Grayson CreekWalnut CreekVianoBasin 33 34 32 20 SuisunBay 28 Clayton Vall e y Drain 1187 14 4 4 3 45 202 160 30 74 79 41 14 5 102 73 74 83 27 161 131 26 113 101 114 136 17 129 56 128 134 131 Flood Control Channels Flood Control Channels Basin Program Area 0 1 20.5 Miles Figure 4-6Special Status Plant Species in theNorth Central Contra Costa County Maintenance Area T:\_PROJECTS\14003_ContraCosta_SMP\mxd\BioResources\Figure_4_CNDDB_plants_021920.mxd 2/19/2020 PGRoutine/FrequentMaintenance Location Figure4-3 Figure4-6 Figure4-5 Figure4-4 Figure4-6 Figure4-7 7 Special Status Plants Bolander's water- hemlock Carquinez goldenbush Congdon's tarplant Contra Costa goldfields Delta tule pea Diablo helianthella Jepson's coyote-thistle Mason's lilaeopsis Mt. Diablo fairy-lantern San Joaquin spearscale Suisun Marsh aster long-styled sand- spurrey soft salty bird's-beak 123 CNDDB Occurrence Number Source: CNDDB, February 2020 update Marsh CreekKellogg CreekKelloggCreek Kellogg C re e k Los Vaqueros Reservoir Dry CreekReservoir Marsh CreekReservoir Bypass Basin Bypass Basin 36 35 37 29 12 7 22 4 6 10 46 38 62 33 93 54 31 16 2 7 8 9 1 1 7 1 9 8 839 4 10 12 43 33 30 11 192 7 2 3 4 5 1 10 31 31 8 1 43 8 60 47 45 3 84 72 78 93 44 7429 101 11 172 6 32 73 30 102 29 101 13 29 2 29 29 151 152 Flood Control Channels Flood Control Channels Basin Program Area 0 1 20.5 Miles Figure 4-7Special Status Plant Species in theSoutheast Contra Costa County Maintenance Area T:\_PROJECTS\14003_ContraCosta_SMP\mxd\BioResources\Figure_4_CNDDB_plants_021920.mxd 2/19/2020 PGRoutine/FrequentMaintenance Location Figure4-3 Figure4-6 Figure4-5 Figure4-4 Figure4-6 Figure4-7 7 Special Status Plants Brewer's western flax California alkali grass Contra Costa manzanita Delta button-celery Mason's lilaeopsis Mt. Diablo fairy-lantern San Joaquin spearscale alkali milk-vetch big tarplant brittlescale caper-fruited tropidocarpum chaparral ragwort diamond-petaled California poppy long-styled sand- spurrey recurved larkspur spiny-sepaled button- celery stinkbells woolly rose-mallow 123 CNDDB Occurrence Number Source: CNDDB, February 2020 update M a r s h CreekDry Creek Marsh CreekDeer CreekSand Creek E astAnt i ochCreek Big BreakSan Joaquin R i v e r TrembathBasin OakleyBasin LindseyBasin Bernard Basin Laurel Road Basin Snowman Basin Fairview Basin Lower SandCreek Basin Upper SandCreek Basin Deer Creek Basin Dry Creek Basin Deer CreekReservoir SellersBasin Heron Park Basin 42 39 40 41 43 44 45 38 37 Line E Line E1 40 1 19 218 63 4 8 4 32 15 12 58 56 25 148 3 3 49 1 2 1 1 68 31 160 8 31 9 41 4 36 60 6 32 67 19 97 48 96 85 74 99 52 15 47 20 92 93 16 97 31 16 100 105 168 104 34 17 64 10 95 166 98 33 70 3 71 167 163 165 226 121 Flood Control Channels Flood Control Channels Basin Program Area 0 1 20.5 Miles Figure 4-8Special Status Plant Species in theNortheast Contra Costa County Maintenance Area T:\_PROJECTS\14003_ContraCosta_SMP\mxd\BioResources\Figure_4_CNDDB_plants_021920.mxd 2/19/2020 PGRoutine/FrequentMaintenance Location Figure4-3 Figure4-6 Figure4-5 Figure4-4 Figure4-6 Figure4-7 7 Special Status Plants Antioch Dunes buckwheat Antioch Dunes evening-primrose Bolander's water- hemlock Brewer's western flax Congdon's tarplant Contra Costa goldfields Contra Costa wallflower Delta mudwort Delta tule pea Diablo helianthella Hoover's cryptantha Mason's lilaeopsis Mt. Diablo buckwheat San Joaquin spearscale Suisun Marsh aster big tarplant brittlescale diamond-petaled California poppy shining navarretia showy golden madia stinkbells woolly rose-mallow 123 CNDDB Occurrence Number Source: CNDDB, February 2020 update W ild c a t C r eek S a n P a blo Creek R heem Creek Garrity C reekPin ole Cr eekRod e o C r e e k WildcatBasin 3 SanPabloReservoir San Pablo Bay San P ablo Creek1 4 5 7 6 2 37 25 Sensitive locationsin this quadranglefor American peregrine falcon 316 2131 156 70 70 205 730 29 139 42 4357216 31 10 395 7 30 26 6 5 8 1 32 2 8 33 73 29 147 309 407 57 19283 78 14 217 218 754 106 124 1113 Flood Control Channels Flood Control Channels Basin Non-engineered, Non-modified Creek/Drainage Program Area 0 1 20.5 Miles Figure 4-9Special Status Animal Species in theWest Contra Costa CountyMaintenance Area T:\_PROJECTS\14003_ContraCosta_SMP\mxd\BioResources\Figure_4_CNDDB_animals_021920.mxd 2/19/2020 RHRoutine/FrequentMaintenance Location Figure4-9 Figure4-12 Figure4-11 Figure4-10 Figure4-13 Figure4-14 7 Special Status Animals Alameda whipsnake American peregrine falcon California Ridgway's rail California black rail California red- legged frog San Francisco dusky-footed woodrat San Pablo song sparrow San Pablo vole foothill yellow- legged frog longfin smelt northern harrier pallid bat salt-marsh harvest mouse salt-marsh wandering shrew short-eared owl western bumble bee western pond turtle white-tailed kite yellow-headed blackbird 123 CNDDB Occurrence Number Source: CNDDB, February 2020 update San R a m o n C r e e k San Ramon CreekGree nValle y C r e ek Sy ca m oreCreek 11 14 Trib ofSan Ramon Alamo CreekWest Branch Alamo CreekSerafixBasin RassierRanch Basin Canyon OakBasin Hidden OakBasinMossy OakBasin BettencourtBasin ShadowCreekBasin Basin51 and 52 10 13 15 CanyonLakes 12 8 9FCM23 Blackhawk491 423 171 43 91 65 65 65 65 65 65 64 64 64 64 67 66 154 90 127127 127127126 1280 2128 124 135 134 463 38 110 239 572 544638 817 83 238 921 922 919 530 470 636 637506 228 1186 1357 1358 1003 Flood Control Channels Flood Control Channels Basin Non-engineered, Non-modified Creek/Drainage Program Area 0 1 20.5 Miles Figure 4-10Special Status Animal Species in theSouth Central Contra Costa County Maintenance Area T:\_PROJECTS\14003_ContraCosta_SMP\mxd\BioResources\Figure_4_CNDDB_animals_021920.mxd 2/19/2020 RHRoutine/FrequentMaintenance Location Figure4-9 Figure4-12 Figure4-11 Figure4-10 Figure4-13 Figure4-14 7 Special Status Animals Alameda whipsnake American peregrine falcon California red- legged frog California tiger salamander San Joaquin kit fox Townsend's big- eared bat burrowing owl foothill yellow- legged frog pallid bat tricolored blackbird western bumble bee western pond turtle 123 CNDDB Occurrence Number Source: CNDDB, February 2020 update SanRamonCr . S a n R am o n C r e e k G alindoCr e e kPine C r eekPine CreekY g n a c i o D r a i n G r a y sonCreekEastBranchGraysonCreekWalnut CreekL a s T ram pas Cr e e k TiceCreekBypassS a ns CraintCre ekRossmoorBasin Pine CreekReservoir Bogue RanchUpper Basin Bogue RanchLower Basin Pine Creek Basin SerafixBasin 18 23 24 30 31 20 29 16 25 26 27 28 Pine CreekBox Culvert 21 22 17 19 Monument BlvdYgnacio Valley Rd43 46 152 62 92 56 2127 129 61 129 57 58 134 29 2128 218 210 210 10 43 138 418 423 146 582 432 374 472 20 143 158 373 849 195 196 326 Flood Control Channels Flood Control Channels Basin Non-engineered, Non-modified Creek/Drainage Program Area 0 1 20.5 Miles Figure 4-11Special Status Animal Species in theCentral Contra Costa County Maintenance Area T:\_PROJECTS\14003_ContraCosta_SMP\mxd\BioResources\Figure_4_CNDDB_animals_021920.mxd 2/19/2020 RHRoutine/FrequentMaintenance Location Figure4-9 Figure4-12 Figure4-11 Figure4-10 Figure4-13 Figure4-14 7 Special Status Animals Alameda whipsnake American peregrine falcon California red- legged frog California tiger salamander Townsend's big- eared bat burrowing owl foothill yellow- legged frog northern California legless lizard pallid bat western bumble bee western pond turtle 123 CNDDB Occurrence Number Source: CNDDB, February 2020 update V ine HillCreek PachecoCreekPac h e c o C r e e k W a l n u t C r e e k Grayson CreekWalnut CreekVianoBasin 33 34 32 20 SuisunBay 28 Clayton Vall e y Drain 62 27 1 43 Sensitive locations in this quadrangle forAmerican peregrine falcon 174 174 69 180 59 285 4 2007 67 34 208 210 4 1 6 28 34 413 5 37 6535 127 126 88 83 9 62 82 75 82 31 268 84 114 100 81 184 28 644 139 1164 Flood Control Channels Flood Control Channels Basin Non-engineered, Non-modified Creek/Drainage Program Area 0 1 20.5 Miles Figure 4-12Special Status Animal Species in theNorth Central Contra Costa County Maintenance Area T:\_PROJECTS\14003_ContraCosta_SMP\mxd\BioResources\Figure_4_CNDDB_animals_021920.mxd 2/19/2020 RHRoutine/FrequentMaintenance Location Figure4-9 Figure4-12 Figure4-11 Figure4-10 Figure4-13 Figure4-14 7 Special Status Animals Alameda whipsnake American peregrine falcon California Ridgway's rail California black rail California tiger salamander Suisun song sparrow big free-tailed bat burrowing owl longfin smelt salt-marsh harvest mouse saltmarsh common yellowthroat tricolored blackbird western bumble bee western pond turtle yellow rail 123 CNDDB Occurrence Number Source: CNDDB, February 2020 update Marsh CreekKellogg CreekKelloggCreek Kellogg C re e k Los Vaqueros Reservoir Dry CreekReservoir Marsh CreekReservoir Bypass Basin Bypass Basin 36 35 37 1385 9511324 Sensitive locations in this quadrangle for:Alameda whipsnakeCalifornia red-egged frogCalifornia tiger salamanderlonghorn fairy shrimp 547 571 857 121 1019 26 35 573 219 569 570 61 1113 7 30 61 62 267131 575 54 1033 1032 983 613 469 56 49 197 117 116 363 635 541 266 226 123 152 169 35 952 103 1178 34 1373 8 364 250 249 367 43 612 377 220 681 545 544 130 1036 219 119 121 58 450 9 451 248 461 1170 235 1015 216 462 198 327 543361 270 1684 1173 1171 459 55 808 1167 1391 591 588 288 466 1192 11681315 422 1169 217 1187 35 66 820 33 32 1330 630 1193 1115 463 631 458 460 457 224 220 464 465 862587 952 151 862 102 862 785 881 882 129 145 953 955 954 148 360 975 984 956 983 149 982 960 670 999 338 819 784 821 146 365 823 326 417 781 155 822 127 593 373 374 370 371 438 128 366 372 325 151 1386 1114 1211 1122 1123 1176 1172 1174 11741175 1171 1176 1162 1313 1657 1913 1914 1915 1004 1316 1204 1328 1375 1916 149 Flood Control Channels Flood Control Channels Basin Non-engineered, Non-modified Creek/Drainage Program Area 0 1 20.5 Miles Figure 4-13Special Status Animal Species in theSoutheast Contra Costa County Maintenance Area T:\_PROJECTS\14003_ContraCosta_SMP\mxd\BioResources\Figure_4_CNDDB_animals_021920.mxd 2/19/2020 RHRoutine/FrequentMaintenance Location Figure4-9 Figure4-12 4-11 Figure4-10 Figure4-13 Figure4-14Figure 7 Special Status Animals Alameda whipsnake American badger American peregrine falcon California red- legged frog California tiger salamander San Joaquin kit fox Swainson's hawk burrowing owl coast horned lizard eulachon longfin smelt longhorn fairy shrimp northern California legless lizard steelhead - Central Valley DPS tricolored blackbird vernal pool fairy shrimp western bumble bee western pond turtle 123 CNDDB Occurrence Number Source: CNDDB, February 2020 update M a r s h CreekDry Creek Marsh CreekDeer CreekSand Creek E astAnt i ochCreek Big BreakSan Joaquin R i v e r TrembathBasin OakleyBasin LindseyBasin Bernard Basin Laurel Road Basin Snowman Basin Fairview Basin Lower SandCreek Basin Upper SandCreek Basin Deer Creek Basin Dry Creek Basin Deer CreekReservoir SellersBasin Heron Park Basin 42 39 40 41 43 44 45 38 37 Line E Line E1 177 399 1 180 2690 329 2755 214 5 215 1 58 5766 91 1911 55 47 56695 3 752 244 338 495 728398 631 100 101 1799 1867 668 623 244 881 774 723 185 308 1002 286 109 945 482 760 612 3 451 856 41 21 1871 1866 2435 1804 18761874 18751873 1872 1870 1868 1156 854 435 252 857 427 980 76 87 1312 1154 1869 113 434 945 707 761 340947 279 282 765633 840 981 562 746 481 352 759 708 353 651 933 87 792 679 855 354 480 729 329 11591158 1190 1165 1155 1879 1210 1600 1713 1714 1001 1000 1712 1681 1864 1059 1058 479 Flood Control Channels Flood Control Channels Basin Non-engineered, Non-modified Creek/Drainage Program Area 0 1 20.5 Miles Figure 4-14Special Status Animal Species in theNortheast Contra Costa County Maintenance Area T:\_PROJECTS\14003_ContraCosta_SMP\mxd\BioResources\Figure_4_CNDDB_animals_021920.mxd 2/19/2020 RHRoutine/FrequentMaintenance Location Figure4-9 Figure4-12 Figure4-11 Figure4-10 Figure4-13 Figure4-14 7 Special Status Animals American badger California black rail California red- legged frog California tiger salamander Crotch bumble bee Lange's metalmark butterfly Sacramento perch Swainson's hawk burrowing owl giant gartersnake loggerhead shrike longfin smelt northern California legless lizard song sparrow ("Modesto" population) steelhead - Central Valley DPS tricolored blackbird vernal pool fairy shrimp vernal pool tadpole shrimp western bumble bee western pond turtle western red bat white-tailed kite 123 CNDDB Occurrence Number Source: CNDDB, February 2020 update Contra Costa County Routine Maintenance Manual 4. Biological Resources ** Presence defined as below: Status Legend * Habitat descriptions contain a typical elevation range for each species, in meters above sea level. P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened 2 The known occurrences possibly or presumed extirpated SE = state endangered 3 From historic occurrences. Unknown if still extant. ST = state threatened Contra Costa County Public Works Department October 2020 4-31 Table 4-1. Special-Status Plant Species Name Status Habitat* Potential to Occur in Program Area Documented Occurrences in Maintenance Program Areas** West South Central Central North Central Bay Point South-east North-east Amsinckia grandiflora large-flowered fiddleneck FE/SE/1B.1 Annual grassland in various soils. 275-550 meters. Blooms April through May. Possible. Potentially suitable habitat exists in the Maintenance Program area. Amsinckia lunaris bent- flowered fiddleneck -/-/1B.2 In coastal bluff scrub, cismontane woodland, valley and foothill grassland. 50-500 meters. Blooms March through June. Possible. Potentially suitable habitat exists in the Maintenance Program area. P1 P1 P1 Androsace elongata ssp. acuta California androsace -/-/4.2 Chaparral, cismontane woodland, coastal sage scrub, valley and foothill grassland, meadows and seeps, pinyon and juniper woodland. Highly localized and often overlooked little plant. 150-1200 meters. Blooms March - June. Possible. The Maintenance Program area contains suitable habitat for this species. Anomobryum julaceum slender silver moss -/-/4.2 Moss which grows on damp rocks and soil as well as acidic substrates, in broadleafed upland forest, lower montane coniferous forest, and north coast coniferous forest. Usually seen on roadcuts. 100-1000 meters. Not expected. The Maintenance Program area contains marginal habitat for this species. P P Chapter 4. Biological Resources Contra Costa County Routine Maintenance Manual * Presence defined as below: Status Legend P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered SE = state endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened ST = state threatened 2 The known occurrences possibly or presumed extirpated FD = federally delisted SSC = state species of special concern 3 From historic occurrences. Unknown if still extant. FP = state fully protected Contra Costa County Public Works Department 4-32 October 2020 Name Status Habitat* Potential to Occur in Program Area Documented Occurrences in Maintenance Program Areas** West South Central Central North Central Bay Point South-east North-east Arabis blepharophylla coast rockcress -/-/4.3 Broadleafed upland forest, coastal prairie, coastal scrub, coastal bluff scrub. Rocky sites. 3-1,100 meters. Blooms February through May. Not expected. The Maintenance Program area contains marginal habitat for this species. Arctostaphylos auriculata Mt. Diablo manzanita -/-1B.3 Chaparral and cismontane woodland in canyons and on slopes. On sandstone. 180-565 meters. Blooms January through March. Not expected. The Maintenance Program area contains marginal habitat for this species. P1 P1 Arctostaphylos manzanita ssp. laevigata Contra Costa manzanita -/-/1B.2 Chaparral on rocky slopes. 500- 1,100 meters. Blooms January through April. Not expected. Maintenance Program area is not within elevation range for this species, however one CNDDB occurrence is near Pine Creek Reservoir P1 P1 P1 Arctostaphylos pallida pallid manzanita FT/SE/1B.1 Grows on uplifted marine terraces on siliceous shale or thin chert in broadleafed upland forest, closed-cone coniferous forest, chaparral, cismontane woodland, and coastal scrub. 185-465 meters. Blooms December through March. None. The Maintenance Program area does not contain suitable habitat for this species P1 P1 P1 Contra Costa County Routine Maintenance Manual 4. Biological Resources ** Presence defined as below: Status Legend * Habitat descriptions contain a typical elevation range for each species, in meters above sea level. P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened 2 The known occurrences possibly or presumed extirpated SE = state endangered 3 From historic occurrences. Unknown if still extant. ST = state threatened Contra Costa County Public Works Department October 2020 4-33 Name Status Habitat* Potential to Occur in Program Area Documented Occurrences in Maintenance Program Areas** West South Central Central North Central Bay Point South-east North-east Astragalus tener var. tener alkali milk-vetch -/-/1B.2 Grows in low, alkaline areas within valley and grassland, alkaline playas, and alkaline vernal pools. 1-170 meters. Blooms March through June. Not expected. Program activities are not anticipated to impact vernal pool habitats. P1 Atriplex cordulata var. cordulata heartscale -/-/1B.2 In fine clay, saline or alkaline soils within chenopod scrub, meadows and seeps, or sandy valley and foothill grassland. 0- 560 meters. Blooms April through October. Not expected. Marginally suitable habitat is present in the Maintenance Program area. Atriplex cordulata var. coronata crownscale -/-/4.2 Alkaline, often clay. Chenopod scrub, valley and foothill grassland, vernal pools. Blooms March through October. Not expected. Marginally suitable habitat is present in the Maintenance Program area. Atriplex depressa brittlescale -/-/1B.2 Alkaline and clayey soils chenopod scrub, meadows and seeps, valley and foothill grassland, playas, or vernal pools. Rarely associated with riparian areas or marshes. 1-320 meters. Blooms April through October. Not expected. Marginally suitable habitat is present in the Maintenance Program area. P1 P1 Chapter 4. Biological Resources Contra Costa County Routine Maintenance Manual * Presence defined as below: Status Legend P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered SE = state endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened ST = state threatened 2 The known occurrences possibly or presumed extirpated FD = federally delisted SSC = state species of special concern 3 From historic occurrences. Unknown if still extant. FP = state fully protected Contra Costa County Public Works Department 4-34 October 2020 Name Status Habitat* Potential to Occur in Program Area Documented Occurrences in Maintenance Program Areas** West South Central Central North Central Bay Point South-east North-east Blepharizonia plumosa big tarplant -/-/1B.1 Typically found on the slopes of valley and grasslands with clay soils. Often found in burned areas. 30-505 meters. Blooms July through October. Possible. Potentially suitable habitat exists in the Maintenance Program area. P P1 P1 P1 Calandrinia breweri Brewer's calandrinia -/-/4.2 Sandy or loamy, disturbed sites and burns. Chaparral. Coastal scrub. Blooms January through June. Not expected. Marginally suitable habitat is present in the Maintenance Program area. Calochortus pulchellus Mt. Diablo fairy-lantern -/-/1B.2 On wooded and brushy slopes. 30-915 m. Blooms April through June. Possible. Potentially suitable habitat is present in the Maintenance Program area. A CNDDB occurrence is in close proximity to Pine Creek Reservoir. P1 P P1 P1 Calochortus tiburonensis Tiburon mariposa lily FT/ST/1B.1 On open, rocky, slopes in serpentine grassland. 50-150 meters. Blooms March through June. None. This species is only found on Ring Mountain in Tiburon, Marin County (USFWS 2009a). Calochortus umbellatus Oakland star-tulip -/-/4.2 Chaparral, lower montane coniferous forest, broadleafed upland forest, valley and foothill grassland, cismontane woodland. Often on serpentine. 100-700 meters. Blooms March through May. Possible. Potentially suitable habitat exists in the Maintenance Program area. Contra Costa County Routine Maintenance Manual 4. Biological Resources ** Presence defined as below: Status Legend * Habitat descriptions contain a typical elevation range for each species, in meters above sea level. P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened 2 The known occurrences possibly or presumed extirpated SE = state endangered 3 From historic occurrences. Unknown if still extant. ST = state threatened Contra Costa County Public Works Department October 2020 4-35 Name Status Habitat* Potential to Occur in Program Area Documented Occurrences in Maintenance Program Areas** West South Central Central North Central Bay Point South-east North-east Calochortus uniflorus pink star-tulip -/-/4.2 Coastal scrub, coastal prairie, north coast coniferous forest, meadows and seeps. Seasonally moist meadows, sometimes within coastal scrub, or forested habitats. Usually at low elevations on the coast. 10-1070 meters. Blooms April through June. Not expected. Marginally suitable habitat is present in the Maintenance Program area. Calystegia purpurata ssp. saxicola coastal bluff morning- glory -/-/1B.2 In coastal bluff scrub, coastal dunes, coastal scrub, North Coast coniferous forests. 10-105 meters. Blooms March through September. Not expected. Marginally suitable habitat is present in the Maintenance Program area. Campanula exigua chaparral harebell -/-/1B.2 Rocky sites, usually on serpentine in chaparral. 275- 1250 meters. Blooms May-June. Not expected. Marginally suitable habitat is present in the Maintenance Program area. P1 Carex comosa bristly sedge -/-/2B.1 Marshes and swamps. Lake margins, wet places; site below sea level is on a Delta island. -5- 1005 meters. Blooms May through September. Possible. Potentially suitable habitat exists in the Maintenance Program area. Castilleja affinis ssp. neglecta Tiburon paintbrush FE/ST/1B.2 Rocky serpentine sites in grasslands. 75-400 meters. Blooms April through June. None. Currently known only from Marin, Napa and Santa Clara counties (USFWS 2012a) Chapter 4. Biological Resources Contra Costa County Routine Maintenance Manual * Presence defined as below: Status Legend P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered SE = state endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened ST = state threatened 2 The known occurrences possibly or presumed extirpated FD = federally delisted SSC = state species of special concern 3 From historic occurrences. Unknown if still extant. FP = state fully protected Contra Costa County Public Works Department 4-36 October 2020 Name Status Habitat* Potential to Occur in Program Area Documented Occurrences in Maintenance Program Areas** West South Central Central North Central Bay Point South-east North-east Castilleja ambigua var. ambigua johnny-nip /-/4.2 Coastal bluff scrub, coastal scrub, coastal prairie, marshes and swamps, valley and foothill grassland, vernal pool margins. 0-435 meters. Blooms March through August. Possible. Potentially suitable habitat exists in the Maintenance Program area. Castilleja rubicundula var. rubicundula pink creamsacs -/-/1B.2 Chaparral, cismontane woodland, meadows and seeps, valley and foothill grassland. Openings in chaparral or grasslands. On serpentine. 20- 915 meters Not expected. Marginally suitable habitat is present in the Maintenance Program area. Centromadia parryi ssp. congdonii Congdon's tarplant -/-/1B.1 Grasslands on alkaline soils, sometimes described as heavy white clay. 0-230 meters. Blooms May through November. Possible. Potentially suitable habitat is present in the Maintenance Program area. CNDDB occurrences along San Ramon Creek, Sycamore Creek and Green Valley Creek, Walnut Creek, the East Branch of Grayson Creek, and Grayson Creek P P P P1 Contra Costa County Routine Maintenance Manual 4. Biological Resources ** Presence defined as below: Status Legend * Habitat descriptions contain a typical elevation range for each species, in meters above sea level. P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened 2 The known occurrences possibly or presumed extirpated SE = state endangered 3 From historic occurrences. Unknown if still extant. ST = state threatened Contra Costa County Public Works Department October 2020 4-37 Name Status Habitat* Potential to Occur in Program Area Documented Occurrences in Maintenance Program Areas** West South Central Central North Central Bay Point South-east North-east Chloropyron molle ssp. molle (=Cordylanthus mollis ssp. mollis) soft salty bird's-beak FE/-/1B.2 In coastal salt marsh with Distichlis, Salicornia, and Frankenia. 0-3 meters. Blooms July through November. Possible. Potentially suitable habitat is present in the Maintenance Program area, in salt- marsh habitats along flood control channels (ex. Reach 1 of Wildcat, San Pablo, Rheem, Pinole, and Pacheco Creeks). P1 P1 P1 Chorizanthe robusta var. robusta robust spineflower FE/-/1B.1 Cismontane woodland, coastal dunes, coastal scrub, chaparral. Sandy terraces and bluffs or in loose sand. 9-245 meters. Blooms April through September. None. Extant populations of this species are currently only found in Santa Cruz County (USFWS 2010a) Cicuta maculata var. bolanderi Bolander's water- hemlock -/-/2B.1 Marshes and swamps, with fresh or brackish water. 0-200 meters. Blooms July through September Possible. Potentially suitable habitat is present in the Maintenance Program area. A CNDDB occurrence intersects Reach 1 of Marsh Creek. P1 P1 P Cirsium andrewsii Franciscan thistle -/-/1B.2 Coastal bluff scrub, broadleaved upland forest, coastal scrub, coastal prairie, sometimes serpentine seeps. 0-150 meters. Blooms May through November. Not expected. The Maintenance Program area contains marginal habitat for this species. Chapter 4. Biological Resources Contra Costa County Routine Maintenance Manual * Presence defined as below: Status Legend P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered SE = state endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened ST = state threatened 2 The known occurrences possibly or presumed extirpated FD = federally delisted SSC = state species of special concern 3 From historic occurrences. Unknown if still extant. FP = state fully protected Contra Costa County Public Works Department 4-38 October 2020 Name Status Habitat* Potential to Occur in Program Area Documented Occurrences in Maintenance Program Areas** West South Central Central North Central Bay Point South-east North-east Clarkia franciscana Presidio clarkia FE/SE/1B.1 Coastal scrub, valley and foothill grassland. Serpentine outcrops in grassland or scrub. 20-305 meters. Blooms May through July. None. Extant populations of this species are in San Francisco and the Oakland Hills, no populations are known from Contra Costa County (USFWS 2010b). Collomia diversifolia serpentine collomia -/-/4.3 Chaparral, cismontane woodland. On ultramafic soils, rocky or gravelly sites. 300-600 meters. Blooms May through June. None. The Project area does not contain suitable habitat for this species. Convolvulus simulans small-flowered morning-glory -/-/4.2 Chaparral, coastal scrub, valley and foothill grassland. Wet clay, serpentine ridges. 30-700 meters. Blooms March through July. Not expected. The Maintenance Program area contains marginal habitat for this species. Cordylanthus nidularius Mt. Diablo bird's-beak -/-/1B.1 Grassy or rocky areas within serpentine chaparral. 600-800 meters. Blooms June through August. None. The Maintenance Program area is not within the elevation range for this species. Known from one occurrence on Mt. Diablo Cordylanthus palmatus (=Chloropyron palmatum) palmate- bracted bird's beak FE/SE/1B.1 Chenopod scrub, valley and foothill grassland. Usually on Pescadero silty clay which is alkaline, with Distichlis, Frankenia, etc. 5-155 meters. Blooms May through October. None. No populations of this species are known from Contra Costa County (USFWS 2009b). Contra Costa County Routine Maintenance Manual 4. Biological Resources ** Presence defined as below: Status Legend * Habitat descriptions contain a typical elevation range for each species, in meters above sea level. P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened 2 The known occurrences possibly or presumed extirpated SE = state endangered 3 From historic occurrences. Unknown if still extant. ST = state threatened Contra Costa County Public Works Department October 2020 4-39 Name Status Habitat* Potential to Occur in Program Area Documented Occurrences in Maintenance Program Areas** West South Central Central North Central Bay Point South-east North-east Cryptantha hooveri Hoover's cryptantha -/-/1A Inland dunes and sandy areas of valley and foothill grasslands. 9- 150 meters. Blooms April through May. Not expected. The Maintenance Program area contains marginal habitat for this species. The only CNDDB record in Contra Costa County is from 1908. P1 Delphinium californicum ssp. interius Hospital Canyon larkspur -/-/1B.2 In wet, boggy meadows, openings in chaparral and in canyons. 195-1095 meters. Blooms April through June. Not expected. The Maintenance Program area contains marginal habitat for this species. P1 Delphinium recurvatum recurved larkspur -/-/1B.2 On alkaline soils; often in valley saltbush or valley chenopod scrub. 3-685m. Blooms March through June. Not expected. The Maintenance Program area contains marginal habitat for this species. P1 Dirca occidentalis western leatherwood -/-/1B.2 On brushy slopes, mesic sites; mostly in mixed evergreen & foothill woodland communities. 25-425 m. Blooms January through April. Not expected. The Maintenance Program area contains marginal habitat for this species. Eleocharis parvula small spikerush -/-/4.3 Marshes and swamps. In coastal salt marshes. 1-3020 meters. Blooms April through September. Possible. Suitable habitat is present in the Maintenance Program area. Chapter 4. Biological Resources Contra Costa County Routine Maintenance Manual * Presence defined as below: Status Legend P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered SE = state endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened ST = state threatened 2 The known occurrences possibly or presumed extirpated FD = federally delisted SSC = state species of special concern 3 From historic occurrences. Unknown if still extant. FP = state fully protected Contra Costa County Public Works Department 4-40 October 2020 Name Status Habitat* Potential to Occur in Program Area Documented Occurrences in Maintenance Program Areas** West South Central Central North Central Bay Point South-east North-east Eriastrum ertterae Lime Ridge eriastrum -/-/1B.1 Alkaline or semi-alkaline, sandy areas in openings or edges of chaparral. Known only from the Lime Ridge area. 200-290 meters. Blooms June through July. Not expected. This species known only from the Lime Ridge area, which is near Pine Creek but not within the Maintenance Program area. P1 Eriogonum luteolum var. caninum Tiburon buckwheat -/-/1B.2 Serpentine soils in sandy to gravelly sites within chaparral, cismontane woodland, coastal prairie, valley and foothill grassland. 0-700 meters. Blooms May through September. Not expected. The Maintenance Program area contains marginal habitat for this species. Eriogonum nudum var. psychicola Antioch Dunes buckwheat -/-/1B.1 Grows in inland dunes with Lupinus albifrons, Gutierrezia californica, and non-native weeds. 3-20 meters. Blooms July through October. Not expected. The Maintenance Program area lacks suitable habitat for this species. Known only from Antioch Dunes. A CNDDB occurrence overlaps the Maintenance Program area near East Antioch Creek. However, it is unlikely that this species would be found in the program area. P Contra Costa County Routine Maintenance Manual 4. Biological Resources ** Presence defined as below: Status Legend * Habitat descriptions contain a typical elevation range for each species, in meters above sea level. P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened 2 The known occurrences possibly or presumed extirpated SE = state endangered 3 From historic occurrences. Unknown if still extant. ST = state threatened Contra Costa County Public Works Department October 2020 4-41 Name Status Habitat* Potential to Occur in Program Area Documented Occurrences in Maintenance Program Areas** West South Central Central North Central Bay Point South-east North-east Eriogonum truncatum Mt. Diablo buckwheat -/-/1B.1 Found in exposed clay or sandy soils throughout chaparral, coastal scrub, and valley and foothill grassland. 3-350 meters. Blooms April through December. Possible. Potential habitat is present in the Maintenance Program area. Several CNDDB occurrences are near Upper Sand Creek Basin, with another occurrence along the West Branch of Alamo Creek. P P1 P1 Eriogonum umbellatum var. bahiiforme bay buckwheat -/-/4.2 Cismontane woodland, lower montane coniferous forest. Rocky sites; often serpentine. 700-2200 meters. Blooms July through September. None. The Maintenance Program area lacks suitable habitat, and is outside the elevation range for this species. Eriophyllum jepsonii Jepson's woolly sunflower -/-/4.3 Coastal scrub, chaparral, cismontane woodland. Sometimes on serpentine. 200- 1025 meters. Blooms April through June. None. The Maintenance Program area lacks suitable habitat. Eryngium jepsonii Jepson’s coyote thistle -/-/1B.2 Vernal pools with clay soils within grasslands. 3-300 meters. Blooms April through August. Not expected. The Maintenance Program area contains marginal habitat for this species. P1 P1 P1 Eryngium racemosum Delta button-celery -/SE/1B.1 Seasonally inundated floodplain in riparian scrub on clay soils. 3- 75 meters. Blooms June through October Not expected. The Maintenance Program area contains marginal habitat for this species. P1 Chapter 4. Biological Resources Contra Costa County Routine Maintenance Manual * Presence defined as below: Status Legend P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered SE = state endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened ST = state threatened 2 The known occurrences possibly or presumed extirpated FD = federally delisted SSC = state species of special concern 3 From historic occurrences. Unknown if still extant. FP = state fully protected Contra Costa County Public Works Department 4-42 October 2020 Name Status Habitat* Potential to Occur in Program Area Documented Occurrences in Maintenance Program Areas** West South Central Central North Central Bay Point South-east North-east Eryngium spinosepalum spiny-sepaled button- celery -/-/1B.2 Vernal pools and grasslands. Sometimes on clay soil of granitic origin. 80-255 meters. Blooms April through June. Not expected. The Maintenance Program area contains marginal habitat for this species. P1 Erysimum capitatum var. angustatum Contra Costa wallflower FE/SE/1B.1 Stabilized dunes of sand and clay near Antioch along the San Joaquin River. 3-20 meters. Blooms March through July. None. The Maintenance Program area lacks suitable habitat for this species. Eschscholzia rhombipetala diamond-petaled California poppy -/-/1B.1 Valley and foothill grassland with alkaline, clayey soils. 0-975 meters. Blooms March through April. Possible. Potentially suitable habitat is present in the Maintenance Program area. The CNDDB occurrence near East Antioch Creek is possibly extirpated. P1 P Extriplex joaquinana (= Atriplex joaquinana) San Joaquin spearscale -/-/1B.2 In seasonal alkali wetlands or alkali sink scrub within chenopod scrub, alkali meadows, alkali playas, and grassland habitats. 1-835 meters. Blooms April through October Not expected. The Maintenance Program area provides marginal habitat. The CNDDB occurrence near Walnut Creek in the Maintenance Program area is potentially extirpated. P P2 P1 P1 P1 P1 Contra Costa County Routine Maintenance Manual 4. Biological Resources ** Presence defined as below: Status Legend * Habitat descriptions contain a typical elevation range for each species, in meters above sea level. P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened 2 The known occurrences possibly or presumed extirpated SE = state endangered 3 From historic occurrences. Unknown if still extant. ST = state threatened Contra Costa County Public Works Department October 2020 4-43 Name Status Habitat* Potential to Occur in Program Area Documented Occurrences in Maintenance Program Areas** West South Central Central North Central Bay Point South-east North-east Fritillaria agrestis stinkbells -/-/4.2 In cismontane woodland, chaparral, valley and foothill grassland. Sometimes on serpentine; mostly found in nonnative grassland or in grassy openings in clay soil. 10-1555 meters. Blooms March through June. Possible. Potentially suitable habitat exists in the Maintenance Program area. P1 P1 Fritillaria liliacea fragrant fritillary -/-/1B.2 In cismontane woodland, coastal prairie, coastal scrub, and valley and foothill grassland. Often associated with serpentine soils. 3-410 meters. Blooms February through April. Possible. Potentially suitable habitat exists in the Maintenance Program area. P1,2 P3 P1 Galium andrewsii ssp. gatense phlox-leaf serpentine bedstraw -/-/4.2 Chaparral, cismontane woodland, lower montane coniferous forest. Dry, rocky places in serpentine soil. 150- 1,450 meters. None. The Maintenance Program area does not contain suitable habitat for this species Grimmia torenii Toren's grimmia -/-/1B.3 Openings, rocky, boulders and rock walls within chaparral, cismontane woodland and lower montane coniferous forest. 325- 1,160 meters. None. The Maintenance Program area is outside the elevation range for this species. Chapter 4. Biological Resources Contra Costa County Routine Maintenance Manual * Presence defined as below: Status Legend P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered SE = state endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened ST = state threatened 2 The known occurrences possibly or presumed extirpated FD = federally delisted SSC = state species of special concern 3 From historic occurrences. Unknown if still extant. FP = state fully protected Contra Costa County Public Works Department 4-44 October 2020 Name Status Habitat* Potential to Occur in Program Area Documented Occurrences in Maintenance Program Areas** West South Central Central North Central Bay Point South-east North-east Helianthella castanea Diablo helianthella -/-/1B.2 Usually in chaparral/oak woodland interface in rocky, azonal soils. Often in partial shade. 25-1,150 meters. Blooms March through June. Possible. Potentially suitable habitat exists in the Maintenance Program area. CNDDB occurrences close to upstream portions of San Pablo Creek and near Pine Creek Reservoir P P1 P P1 Hesperevax caulescens hogwallow starfish -/-/4.2 Valley and foothill grassland, vernal pools. Clay soils; mesic sites. 0-505 meters. Blooms March through June. Possible. Potentially suitable habitat exists in the Maintenance Program area. Hesperolinon breweri Brewer's western flax -/-/1B.2 Often in rocky serpentine soil in serpentine chaparral and serpentine grassland. 195-885 meters. Blooms May through July. Possible. Potentially suitable habitat exists in the Maintenance Program area. CNDDB occurrences near Sand Creek Basin and Marsh Creek Reservoir P1 P Hesperolinon congestum Marin dwarf-flax FT/ST/1B.1 In serpentine barrens and in serpentine grassland and chaparral. 30-370 meters. Blooms April through July. None. This species is limited to Marin, San Francisco and San Mateo counties (USFWS 2011). Contra Costa County Routine Maintenance Manual 4. Biological Resources ** Presence defined as below: Status Legend * Habitat descriptions contain a typical elevation range for each species, in meters above sea level. P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened 2 The known occurrences possibly or presumed extirpated SE = state endangered 3 From historic occurrences. Unknown if still extant. ST = state threatened Contra Costa County Public Works Department October 2020 4-45 Name Status Habitat* Potential to Occur in Program Area Documented Occurrences in Maintenance Program Areas** West South Central Central North Central Bay Point South-east North-east Hibiscus lasiocarpos var. occidentalis woolly rose-mallow -/-/1B.2 Moist, freshwater-soaked river banks and low peat islands in sloughs; can also occur on riprap and levees. In California, known from the Delta watershed. 0-120 meters. Blooms June through September. Not expected. The Maintenance Program area contains marginal habitat for this species. P1 P1 Hoita strobilina Loma Prieta hoita -/-/1B.1 Usually serpentine. Mesic areas of chaparral, cismontane woodland, and riparian woodland. 60-975 meters. Blooms May through October. Not expected. The Maintenance Program area contains marginal habitat for this species. P1 P1 Holocarpha macradenia Santa Cruz tarplant FT/SE/1B.1 Light, sandy soil or sandy clay in coastal prairie, coastal scrub and grasslands; often with nonnatives. 10-220 meters. Blooms June through October. Possible. Potentially suitable habitat exists in the Maintenance Program area. An extirpated CNDDB occurrence is near Garrity Creek. P1 Iris longipetala coast iris -/-/4.2 Coastal prairie, lower montane coniferous forest, meadows and seeps. Mesic sites, heavy soils. 0-600 meters. Blooms March through May. None. The Maintenance Program area lacks suitable habitat for this species. Chapter 4. Biological Resources Contra Costa County Routine Maintenance Manual * Presence defined as below: Status Legend P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered SE = state endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened ST = state threatened 2 The known occurrences possibly or presumed extirpated FD = federally delisted SSC = state species of special concern 3 From historic occurrences. Unknown if still extant. FP = state fully protected Contra Costa County Public Works Department 4-46 October 2020 Name Status Habitat* Potential to Occur in Program Area Documented Occurrences in Maintenance Program Areas** West South Central Central North Central Bay Point South-east North-east Isocoma arguta Carquinez goldenbush -/-/1B.1 In alkaline valley and grassland, On low benches near drainages & on tops & sides of mounds in swale habitat. 1-50 meters. Blooms August through December. Possible. Suitable habitat exists in the Maintenance Program area. A CNDDB occurrence covers Rodeo Creek and the mouth of Pacheco Creek, but the location of this record is not exact. P P Lasthenia conjugens Contra Costa goldfields FE/-/1B.1 Vernal pools, swales, low depressions, in open grassy areas. 1-470 meters. Blooms March through June. Not expected. Program activities are not anticipated to impact vernal pool habitats. The only known extant population in Contra Costa County is outside the Maintenance Program area. P2 P2 P2 P2 Lasthenia ferrisiae Ferris' goldfields -/-/4.2 Vernal pools. Alkaline, clay soils. 20-700 meters. Blooms February through May. Not expected. Program activities are not anticipated to impact vernal pool habitats. Lathyrus jepsonii var. jepsonii Delta tule pea -/-/1B.2 Freshwater and brackish marshes, usually on marsh and slough edges. Often found with Typha spp., Symphyotrichum lentum, Rosa californica, Juncus spp., and Schoenoplectus spp. 0- 5 meters. Blooms May through September. Possible. Potentially suitable habitat exists in the Maintenance Program area. A CNDDB occurrence is on the edge of Pacheco Creek, near Waterfront Rd. P P1 P1 Contra Costa County Routine Maintenance Manual 4. Biological Resources ** Presence defined as below: Status Legend * Habitat descriptions contain a typical elevation range for each species, in meters above sea level. P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened 2 The known occurrences possibly or presumed extirpated SE = state endangered 3 From historic occurrences. Unknown if still extant. ST = state threatened Contra Costa County Public Works Department October 2020 4-47 Name Status Habitat* Potential to Occur in Program Area Documented Occurrences in Maintenance Program Areas** West South Central Central North Central Bay Point South-east North-east Leptosiphon acicularis bristly leptosiphon -/-/4.2 Chaparral, cismontane woodland, coastal prairie, valley and foothill grassland. Grassy areas, woodland, chaparral. 55- 1,500 meters. Blooms April through July. Possible. Potentially suitable habitat exists in the Maintenance Program area. Leptosiphon ambiguus serpentine leptosiphon -/-/4.2 Cismontane woodland, coastal scrub, valley and foothill grassland (margin with chaparral). Grassy areas on serpentine soil. 120-1,130 meters. Possible. Potentially suitable habitat exists in the Maintenance Program area. Lilaeopsis masonii Mason's lilaeopsis -/-/1B.1 Freshwater and brackish marshes, and riparian scrub. Tidal zones, in muddy or silty soil formed through river deposition or river bank erosion. 0-10 meters. Blooms April through November. Possible. Potentially suitable habitat exists in the Maintenance Program area. A CNDDB occurrence is on the edge of Pacheco Creek, near the mouth, and another is near the mouth of Marsh Creek. P P1 P1 P Limosella australis Delta mudwort -/-/2B.1 In the Delta in riparian scrub, freshwater marsh, brackish marsh, usually on mud banks; often with Lilaeopsis masonii. Probably the rarest of the suite of Delta rare plants.0-3 meters. Blooms May through August. Possible. Potentially suitable habitat exists in the Maintenance Program area. P1 Chapter 4. Biological Resources Contra Costa County Routine Maintenance Manual * Presence defined as below: Status Legend P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered SE = state endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened ST = state threatened 2 The known occurrences possibly or presumed extirpated FD = federally delisted SSC = state species of special concern 3 From historic occurrences. Unknown if still extant. FP = state fully protected Contra Costa County Public Works Department 4-48 October 2020 Name Status Habitat* Potential to Occur in Program Area Documented Occurrences in Maintenance Program Areas** West South Central Central North Central Bay Point South-east North-east Madia radiata showy golden madia -/-/1B.1 Mostly on adobe clay in grassland or among shrubs. 25- 1125 meters. Blooms March through May. Possible. Potentially suitable habitat exists in the Maintenance Program area. P1 P Malacothamnus hallii Hall's bush-mallow -/-/1B.2 Chaparral, coastal scrub. Some populations on serpentine. 10- 730 meters. Blooms May through October. Not expected. The Maintenance Program area contains marginal habitat for this species. P1 P1 Meconella oregana Oregon meconella -/-/1B.1 Open, moist places in coastal prairie and coastal scrub. 250- 620 meters. Blooms March through April. Not expected. The Maintenance Program area contains marginal habitat for this species. Monolopia gracilens woodland woollythreads -/-/1B.2 Grassy sites, in openings in broadleafed upland forest, chaparral and North Coast coniferous forest; sandy to rocky soils. Often seen on serpentine after burns but may have only weak affinity to serpentine. 100- 1,200 meters. Blooms February through July. Not expected. The Maintenance Program area contains marginal habitat for this species. P1 Myosurus minimus ssp. apus little mousetail -/-/3.1 Vernal pools, valley and foothill grassland. This subspecies has taxonomic problems; distinguishing between this and M. sessilis is difficult. Alkaline soils. 20-640 meters. Blooms March through June. Not expected. Marginally suitable habitat exists in the Maintenance Program area. All CNDDB occurrences are in Southern California. Contra Costa County Routine Maintenance Manual 4. Biological Resources ** Presence defined as below: Status Legend * Habitat descriptions contain a typical elevation range for each species, in meters above sea level. P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened 2 The known occurrences possibly or presumed extirpated SE = state endangered 3 From historic occurrences. Unknown if still extant. ST = state threatened Contra Costa County Public Works Department October 2020 4-49 Name Status Habitat* Potential to Occur in Program Area Documented Occurrences in Maintenance Program Areas** West South Central Central North Central Bay Point South-east North-east Navarretia cotulifolia cotula navarretia -/-/4.2 Chaparral, cismontane woodland, valley and foothill grassland. Adobe soils. 4-1830 meters. Blooms May through June. Not expected. The Maintenance Program area contains marginal habitat for this species. Navarretia gowenii Lime Ridge navarretia -/-/1B.1 In chaparral on calcium carbonate-rich soil with high clay content. 180-305 meters. Blooms May through June. Not expected. The Maintenance Program area contains marginal habitat for this species. Known only from four occurrences which are outside the program area. P1 Navarretia nigelliformis ssp.nigelliformis adobe navarretia -/-/4.2 Valley and foothill grassland, vernal pools. Clay soils; sometimes on serpentine. 100- 1000 meters. Blooms April through June. Possible. Potentially suitable habitat exists in the Maintenance Program area. Navarretia nigelliformis ssp. radians shining navarretia -/-/1B.2 Grassland and vernal pools. 60- 855 meters. Blooms April through July. Possible. Suitable habitat exists in the Maintenance Program area. P1 Neostapfia colusana Colusa grass FT/SE/1B.1 Vernal pools. Usually in large, or deep vernal pool bottoms; adobe soils. 5-200 meters. Blooms May through August. Not Expected. The Program is not expected to affect vernal pool habitats. Chapter 4. Biological Resources Contra Costa County Routine Maintenance Manual * Presence defined as below: Status Legend P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered SE = state endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened ST = state threatened 2 The known occurrences possibly or presumed extirpated FD = federally delisted SSC = state species of special concern 3 From historic occurrences. Unknown if still extant. FP = state fully protected Contra Costa County Public Works Department 4-50 October 2020 Name Status Habitat* Potential to Occur in Program Area Documented Occurrences in Maintenance Program Areas** West South Central Central North Central Bay Point South-east North-east Oenothera deltoides ssp. howellii Antioch Dunes evening- primrose FE/SE/1B.1 Inlands dunes on remnant river bluffs and sand dunes east of Antioch. 0-30 meters. Blooms March through September. Not expected. The Maintenance Program area contains marginal habitat for this species. Generally considered endemic to Antioch Dunes. P P1 P Pentachaeta bellidiflora white-rayed pentachaeta FE/SE/1B.1 Open dry rocky slopes and grassy areas, often on soils derived from serpentine bedrock. 35-610 meters. Blooms March through May. None. The only known population of this species is in San Mateo County (USFWS 2010c). Perideridia gairdneri ssp. gairdneri Gairdner's yampah -/-/4.2 Broadleafed upland forest, chaparral, coastal prairie, valley and foothill grassland, vernal pools. Adobe flats or grasslands, wet meadows and vernal pools, under Pinus radiata along the coast; mesic sites. 0-610 meters. Blooms June through October. Not expected. Although the Maintenance Program area contains potential suitable habitat for this species. CNDDB and CNPS do not show any records in Contra Costa County for this species. Phacelia phacelioides Mt. Diablo phacelia -/-/1B.2 Rocky areas of chaparral and cismontane woodland, sometimes on serpentine. 500- 1370 meters. Blooms April through May. None. The Maintenance Program area is outside the elevation range for this species. Contra Costa County Routine Maintenance Manual 4. Biological Resources ** Presence defined as below: Status Legend * Habitat descriptions contain a typical elevation range for each species, in meters above sea level. P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened 2 The known occurrences possibly or presumed extirpated SE = state endangered 3 From historic occurrences. Unknown if still extant. ST = state threatened Contra Costa County Public Works Department October 2020 4-51 Name Status Habitat* Potential to Occur in Program Area Documented Occurrences in Maintenance Program Areas** West South Central Central North Central Bay Point South-east North-east Piperia michaelii Michael's rein orchid -/-/4.2 Coastal bluff scrub, coastal scrub, cismontane woodland, chaparral, closed-cone coniferous forest, lower montane coniferous forest. Mudstone and humus, generally dry sites. 3-915 meters. Blooms April through August. None. The Maintenance Program area lacks suitable habitat for this species. Polygonum marinense Marin knotweed -/-/3.1 Coastal salt marshes and brackish marshes. 0-10 meters. Blooms April through October. Possible. Potentially suitable habitat exists in the Maintenance Program area. Potamogeton zosteriformis eel-grass pondweed -/-/2B.2 Marshes, ponds, lakes, and streams. 0-1,860 meters. Blooms June through July. Possible. Potentially suitable habitat exists in the Maintenance Program area. Puccinellia simplex California alkali grass -/-/1B.2 Alkaline, vernally mesic; sinks, flats, and lake margins. Chenopod scrub, meadows and seeps, valley and foothill grassland, and vernal pools. Blooms March through May. Not expected. The Maintenance Program area contains marginal habitat for this species. Chapter 4. Biological Resources Contra Costa County Routine Maintenance Manual * Presence defined as below: Status Legend P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered SE = state endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened ST = state threatened 2 The known occurrences possibly or presumed extirpated FD = federally delisted SSC = state species of special concern 3 From historic occurrences. Unknown if still extant. FP = state fully protected Contra Costa County Public Works Department 4-52 October 2020 Name Status Habitat* Potential to Occur in Program Area Documented Occurrences in Maintenance Program Areas** West South Central Central North Central Bay Point South-east North-east Ranunculus lobbii Lobb's aquatic buttercup -/-/4.2 Cismontane woodland, valley and foothill grassland, vernal pools, north coast coniferous forest. Mesic sites. 15-470 meters. Blooms February through May. Possible. Potentially suitable habitat exists in the Maintenance Program area. Sanicula saxatilis rock sanicle -/SR/1B.2 Bedrock outcrops and talus slopes in chaparral or oak woodland habitat. 670-1,250 meters. Blooms April through May. None. The Maintenance Program area is outside the elevation range for this species. Scutellaria galericulata marsh skullcap -/-/2B.2 Marshes and swamps, lower montane coniferous forest, meadows and seeps. 0-2,100 meters. Blooms June through September. Possible. Potentially suitable habitat exists in the Maintenance Program area. Senecio aphanactis chaparral ragwort -/-/2B.2 Drying alkaline flats in chaparral, cismontane woodland and coastal scrub. 15-800 meters. January through April. Not expected. The Maintenance Program area contains marginal habitat for this species. P1 Sidalcea keckii Keck's checker-mallow FE/-/1B.1 Grassy slopes in blue oak woodland. On serpentine- derived, clay soils, at least sometimes. 85-505 meters. Blooms April through June. None. The range for this species does not include Contra Costa County (USFWS 2012b). Contra Costa County Routine Maintenance Manual 4. Biological Resources ** Presence defined as below: Status Legend * Habitat descriptions contain a typical elevation range for each species, in meters above sea level. P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened 2 The known occurrences possibly or presumed extirpated SE = state endangered 3 From historic occurrences. Unknown if still extant. ST = state threatened Contra Costa County Public Works Department October 2020 4-53 Name Status Habitat* Potential to Occur in Program Area Documented Occurrences in Maintenance Program Areas** West South Central Central North Central Bay Point South-east North-east Spergularia macrotheca var. longistyla long-styled sand- spurrey -/-/1B.2 Meadows and seeps, marshes and swamps with alkaline soils. 0-255 meters. Blooms February through May, sometimes June. Possible. Historic occurrence near Richmond and San Pablo, but recent records east of Los Vaqueros Reservoir in alkali wetlands. P3 P3 P Streptanthus albidus ssp. peramoenus most beautiful jewelflower -/-/1B.2 Serpentine outcrops, on ridges and slope in chaparral, cismontane woodland and grasslands. 95-1,000 meters. Blooms March through October. Not expected. The Maintenance Program area contains marginal habitat for this species. P1 Streptanthus hispidus Mt. Diablo jewelflower -/-/1B.3 Talus or rocky outcrops in chaparral and grassland. 365- 1,200 meters. Blooms March through June. Not expected. The Maintenance Program area contains marginal habitat for this species. P1 Streptanthus niger Tiburon jewelflower FE/SE/1B.1 Shallow, rocky serpentine slopes in valley and foothill grassland. 30-150 meters. Blooms May through June. None. This species is only found rocky serpentine soils in the Tiburon Peninsula in Marin County (USFWS 2009c). Stuckenia filiformis ssp. alpina slender-leaved pondweed -/-/2B.2 Shallow, clear water of lakes and drainage channels. 300-2,150 meters. Blooms May through July. Possible. Suitable habitat exists in the Maintenance Program area. A CNDDB occurrence is in the vicinity of Pine Creek Reservoir P Chapter 4. Biological Resources Contra Costa County Routine Maintenance Manual * Presence defined as below: Status Legend P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered SE = state endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened ST = state threatened 2 The known occurrences possibly or presumed extirpated FD = federally delisted SSC = state species of special concern 3 From historic occurrences. Unknown if still extant. FP = state fully protected Contra Costa County Public Works Department 4-54 October 2020 Name Status Habitat* Potential to Occur in Program Area Documented Occurrences in Maintenance Program Areas** West South Central Central North Central Bay Point South-east North-east Suaeda californica California seablite FE/-/1B.1 Saltmarshes. 0-5 meters. Blooms July through October. Not expected. Prior to reintroduction effects, this species was considered extirpated from the San Francisco Bay. The only known current populations in the Bay Area are from restoration areas outside the Maintenance Program area. Symphyotrichum lentum Suisun Marsh aster -/-/1B.2 Brackish and freshwater marshes. Most often seen along sloughs, ponds and ditches with Phragmites australis, Schoenoplectus spp., Rubus armeniacus, Typha spp. 0-3 meters. Blooms May through November. Possible. Suitable habitat exists in the Maintenance Program area. P1 P1 P1 Trifolium amoenum showy Indian clover FE/-/1B.1 Valley and foothill grassland, coastal bluff scrub. Sometimes on serpentine soil, open sunny sites, swales. Most recently cited on roadside and eroding cliff face. 5-310 meters. Blooms April through June. None. Extant populations of this species are in Marin and Sonoma counties (USFWS 2012c). Contra Costa County Routine Maintenance Manual 4. Biological Resources ** Presence defined as below: Status Legend * Habitat descriptions contain a typical elevation range for each species, in meters above sea level. P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened 2 The known occurrences possibly or presumed extirpated SE = state endangered 3 From historic occurrences. Unknown if still extant. ST = state threatened Contra Costa County Public Works Department October 2020 4-55 Name Status Habitat* Potential to Occur in Program Area Documented Occurrences in Maintenance Program Areas** West South Central Central North Central Bay Point South-east North-east Trifolium hydrophilum saline clover -/-/1B.2 Found in freshwater marshes, depressions, and vernal pools. Also in mesic, alkaline valley and foothill grassland below 300 meters. Blooms April through June. Possible. Suitable habitat exists in the Maintenance Program area. Triquetrella californica coastal triquetrella -/-/1B.2 Grows within 30m from the coast in coastal scrub, grasslands and in open gravels on roadsides, hillsides, rocky slopes, and fields. On gravel or thin soil over outcrops. 10-100 meters. Not expected. The Maintenance Program area contains marginal habitat for this species. Tropidocarpum capparideum caper-fruited tropidocarpum -/-/1B.1 Alkaline clay in grasslands. 1-455 meters. Blooms March through April. Possible. Suitable habitat exists in the Maintenance Program area. P1 Viburnum ellipticum oval-leaved viburnum -/-/2B.3 In chaparral, cismontane woodland, lower montane coniferous forest. 215-1400 meters. Blooms May through June. Not expected. The Maintenance Program area contains marginal habitat for this species. A CNDDB occurrence intersects the upper Sycamore Creek flood control channel. P P1 Chapter 4. Biological Resources Contra Costa County Routine Maintenance Manual * Presence defined as below: Status Legend P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered SE = state endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened ST = state threatened 2 The known occurrences possibly or presumed extirpated FD = federally delisted SSC = state species of special concern 3 From historic occurrences. Unknown if still extant. SFP = state fully protected CE = candidate endangered Contra Costa County Public Works Department 4-56 October 2020 Table 4-2. Special Status Animal Species Name Status Habitat Potential To Occur in Maintenance Program area Documented Occurrences in Maintenance Areas* West South Central Central North Central Bay Point South-east North-east Amphibians Ambystoma californiense California tiger salamander FT/ST Need underground refuges, especially ground squirrel burrows & vernal pools or other seasonal water sources for breeding. Possible. Suitable habitat is present in the Maintenance Program area. P P P P1 P P Rana boylii foothill yellow- legged frog -/ST, SSC Lowlands & foothills in or near permanent sources of deep water with dense, shrubby or emergent riparian vegetation. Not Expected. Recorded occurrences within Contra Costa County in 1976 and 1997 but of significant distance from the Maintenance Program area. However, suitable habitat is present. Rana draytonii California red- legged frog FT/SSC Streams, freshwater pools, and ponds with emergent vegetation. Possible. Red-legged frogs may be present in suitable habitat throughout Contra Costa County. CNDDB occurrences intersect upper Alamo Creek and are near Shadow Creek Basin. P1 P P1 P1 P1 P1 Contra Costa County Routine Maintenance Manual 4. Biological Resources * Presence defined as below: Status Legend P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered SE = state endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened ST = state threatened 2 The known occurrences possibly or presumed extirpated FD = federally delisted SSC = state species of special concern 3 From historic occurrences. Unknown if still extant. FC = federal candidate SFP = state fully protected CE = candidate endangered Contra Costa County Public Works Department October 2020 4-57 Name Status Habitat Potential To Occur in Maintenance Program area Documented Occurrences in Maintenance Areas* West South Central Central North Central Bay Point South-east North-east Birds Agelaius tricolor Tricolored Blackbird -/SSC Highly colonial species, most numerous in Central Valley and vicinity. Largely endemic to California. Requires open water, protected nesting substrate, and foraging area with insect prey within a few kilometers of the colony. Nests in dense thickets of cattails (Typha spp.), bulrush (Schoenoplectus spp.), willow (Salix spp.), blackberry (Rubus spp.), wild rose (Rosa californica), and other tall vegetation near fresh water. Possible. Suitable habitat exists in the Maintenance Program area. P P1 P P Aquila chrysaetos Golden Eagle -/SFP Rolling foothills, mountain areas, sage-juniper flats, & desert. Cliff-walled canyons provide nesting habitat in most parts of range; also, large trees in open areas. Possible. Suitable habitat exists in the Maintenance Program area. P1 P1 Asio flammeus Short-eared Owl -/SSC Grasslands, marshes, and some agricultural lands of the San Joaquin Valley. Possible. Suitable habitat exists in the Maintenance Program area. A CNDDB occurrence of this species was recorded along Wildcat Creek in Wildcat Creek Marsh P Chapter 4. Biological Resources Contra Costa County Routine Maintenance Manual * Presence defined as below: Status Legend P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered SE = state endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened ST = state threatened 2 The known occurrences possibly or presumed extirpated FD = federally delisted SSC = state species of special concern 3 From historic occurrences. Unknown if still extant. SFP = state fully protected CE = candidate endangered Contra Costa County Public Works Department 4-58 October 2020 Name Status Habitat Potential To Occur in Maintenance Program area Documented Occurrences in Maintenance Areas* West South Central Central North Central Bay Point South-east North-east Athene cunicularia Burrowing Owl -/SSC Yearlong resident of open, dry grassland and desert habitats, as well as in grass, forb and open shrub stages of pinyon-juniper and ponderosa pine habitats. Open, dry annual or perennial grasslands, deserts & scrublands characterized by low-growing vegetation. Subterranean nester, dependent upon burrowing mammals, most notably, the California ground squirrel (Spermophilus beecheyi). Possible. Suitable habitat exists in the Maintenance Program area. There are several CNDDB occurrences along Marsh Creek and its tributaries, as well as near Sellers and Lindsey Basin. P1 P1 P1 P1 P1 P Buteo swainsoni Swainson's Hawk -/ST Breeds in grasslands with scattered trees, juniper-sage flats, riparian areas, savannahs, and agricultural or ranch lands with groves or lines of trees. Requires adjacent suitable foraging areas such as grasslands, or alfalfa or grain fields supporting rodent populations. Possible. Suitable habitat exists in the Maintenance Program area. CNDDB occurrences intersect Marsh Creek and its tributaries, as well as Oakley Basin. P1 P Charadrius alexandrinus nivosus Western Snowy Plover FT/- Sandy beaches, salt pond levees & shores of large alkali lakes. Needs sandy, gravelly or friable soils for nesting. None. Suitable habitat is not present within the Maintenance Program area. Contra Costa County Routine Maintenance Manual 4. Biological Resources * Presence defined as below: Status Legend P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered SE = state endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened ST = state threatened 2 The known occurrences possibly or presumed extirpated FD = federally delisted SSC = state species of special concern 3 From historic occurrences. Unknown if still extant. FC = federal candidate SFP = state fully protected CE = candidate endangered Contra Costa County Public Works Department October 2020 4-59 Name Status Habitat Potential To Occur in Maintenance Program area Documented Occurrences in Maintenance Areas* West South Central Central North Central Bay Point South-east North-east Circus hudsonius Northern Harrier -/SSC Nests in marshes and moist fields, forages over open areas. Present. This species was observed in the lower reaches of Pacheco and Walnut creeks. Additionally, a CNDDB occurrence is located at Wildcat Creek Marsh. Suitable habitat exists elsewhere within the Maintenance Program area. P P P Coccyzus americanus Yellow-billed Cuckoo FT/ST Nests in riparian forests, along the broad, lower flood-bottoms of larger river systems. Nests in riparian willows, often mixed with cottonwoods, with an understory of blackberry, nettles, or wild grape. Not Expected. Suitable habitat is present, but there are no occurrences from Contra Costa County reported in CNDDB Coturnicops noveboracensis yellow rail -/SSC In California, winters in marshes along San Francisco Bay and breeds in Siskiyou and Modoc counties. Shallow brackish and freshwater marshes, wet meadows, and occasionally rice fields. Not expected. Suitable foraging habitat (freshwater marsh, rice fields) is present within the maintenance area, but species does not breed in the maintenance area. P3 Chapter 4. Biological Resources Contra Costa County Routine Maintenance Manual * Presence defined as below: Status Legend P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered SE = state endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened ST = state threatened 2 The known occurrences possibly or presumed extirpated FD = federally delisted SSC = state species of special concern 3 From historic occurrences. Unknown if still extant. SFP = state fully protected CE = candidate endangered Contra Costa County Public Works Department 4-60 October 2020 Name Status Habitat Potential To Occur in Maintenance Program area Documented Occurrences in Maintenance Areas* West South Central Central North Central Bay Point South-east North-east Elanus leucurus White-tailed Kite -/SFP Nests in rolling foothills/valley margins with scattered oaks and river bottomlands or marshes next to deciduous woodland. Open grasslands, meadows, or marshes for foraging close to isolated, dense-topped trees for nesting and perching. Present. Multiple observations were recorded during site visits to the lower reaches of Rheem, Wildcat, and Pacheco creeks. Suitable habitat is present in other Maintenance Program areas, with CNDDB occurrences at Bernard and Lindsey Basins. P P P Falco peregrinus anatum American Peregrine Falcon -/SFP Near wetlands, lakes, rivers, or other water; on cliffs, banks, dunes, mounds; also, human- made structures. Nest consists of a scrape or a depression or ledge in an open site. Possible. This species has known nesting sites near the Maintenance Program area, including the Richmond, Benicia, and Carquinez bridges. Suitable habitat exists in the lower reaches of several creeks near the bridges. Geothlypis trichas sinuosa Saltmarsh Common Yellowthroat -/SSC Resident of fresh and salt water marsh and swamps throughout San Francisco Bay. Requires thick, continuous cover down to water surface for foraging, and tall grasses, tule patches, and/or willows for nesting. Possible. Suitable habitat exists in the Maintenance Program area. Multiple CNDDB occurrences in marshes near Pacheco Creek P1 P1 Contra Costa County Routine Maintenance Manual 4. Biological Resources * Presence defined as below: Status Legend P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered SE = state endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened ST = state threatened 2 The known occurrences possibly or presumed extirpated FD = federally delisted SSC = state species of special concern 3 From historic occurrences. Unknown if still extant. FC = federal candidate SFP = state fully protected CE = candidate endangered Contra Costa County Public Works Department October 2020 4-61 Name Status Habitat Potential To Occur in Maintenance Program area Documented Occurrences in Maintenance Areas* West South Central Central North Central Bay Point South-east North-east Haliaeetus leucocephalus Bald Eagle FD/SE, SFP Occurs mainly along coasts, rivers, and lakes; nests in tall trees or in cliffs, usually within 1 mile of water. Nests in large, old-growth, or trees with open branches, especially ponderosa pine. Roosts communally in winter. Feeds mostly on fish. Not Expected. This species is known to have previously nested in the higher, more isolated areas near Los Vaqueros, San Pablo, and Briones reservoirs and has been observed in other areas of Contra Costa County. However, urban development limits most potential habitat in the Maintenance Program area. Lanius ludovicianus Loggerhead Shrike -/SSC Broken woodlands, savannah, pinyon-juniper, Joshua tree, riparian woodlands, desert oases, scrub and washes. Prefers open country for hunting, with perches for scanning, and fairly dense shrubs and brush for nesting. Possible. Suitable habitat exists in the Maintenance Program area. This species is most likely to occur in brackish marsh areas near Suisun Bay. P1 Laterallus jamaicensis coturniculus California Black Rail -/ST, SFP Inhabits freshwater marshes, wetland meadows, and the shallow margins of saltwater marshes bordering larger bays. Needs water depths of about 1 inch that do not fluctuate during the year & dense vegetation for nesting habitat. Possible. Suitable habitat exists in the Maintenance Program area. Recent CNDDB occurrences near Pacheco Creek, and an occurrence near San Pablo Creek P P P1 P1 Chapter 4. Biological Resources Contra Costa County Routine Maintenance Manual * Presence defined as below: Status Legend P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered SE = state endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened ST = state threatened 2 The known occurrences possibly or presumed extirpated FD = federally delisted SSC = state species of special concern 3 From historic occurrences. Unknown if still extant. SFP = state fully protected CE = candidate endangered Contra Costa County Public Works Department 4-62 October 2020 Name Status Habitat Potential To Occur in Maintenance Program area Documented Occurrences in Maintenance Areas* West South Central Central North Central Bay Point South-east North-east Melospiza melodia Song Sparrow (“Modesto” population) -/SSC Emergent freshwater marshes, riparian willow thickets, riparian forests, and vegetated irrigation. Inhabits cattails (Typha spp.), bulrush (Schoenoplectus spp.) and other sedges; also known to frequent tangles bordering sloughs. Possible. Suitable habitat exists in the Maintenance Program area. P Melospiza melodia maxillaris Suisun Song Sparrow -/SSC Resides in brackish-water marshes surrounding Suisun Bay. Possible. Suitable habitat exists in the Maintenance Program area. Recent CNDDB occurrences east of Pacheco Creek. P P Melospiza melodia pusillula Alameda Song Sparrow -/SSC Resident of salt marshes bordering south arm of San Francisco Bay. Found in pickleweed marshes. Nests in Grindelia along channels. Possible. Suitable habitat exists in the Maintenance Program area, but this species is generally found in the southern portion of the San Francisco Bay Contra Costa County Routine Maintenance Manual 4. Biological Resources * Presence defined as below: Status Legend P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered SE = state endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened ST = state threatened 2 The known occurrences possibly or presumed extirpated FD = federally delisted SSC = state species of special concern 3 From historic occurrences. Unknown if still extant. FC = federal candidate SFP = state fully protected CE = candidate endangered Contra Costa County Public Works Department October 2020 4-63 Name Status Habitat Potential To Occur in Maintenance Program area Documented Occurrences in Maintenance Areas* West South Central Central North Central Bay Point South-east North-east Melospiza melodia samuelis San Pablo Song Sparrow -/SSC Resides in tidal sloughs of salt marshes along the north side of San Francisco and San Pablo bays. Nests in Grindelia sp. Possible. Suitable habitat exists in the Maintenance Program area. CNDDB occurrences in the Maintenance Program area are from 1953 and earlier. Possible in salt marsh portions of Wildcat, San Pablo, Rheem, and Pinole Creeks. P Rallus obsoletus obsoletus California’s Ridgway’s Rail FE/SE, SFP Saltwater and brackish marshes traversed by tidal sloughs in the vicinity of San Francisco Bay. Associated with abundant growths of pickleweed, but feeds away from cover on invertebrates from mud- bottomed sloughs. Possible. Suitable habitat exists in the Maintenance Program area, in marsh areas of Wildcat, San Pablo, Rheem, Pinole, and Pacheco Creeks. Recent CNDDB occurrences near Pacheco Creek, and older occurrences near Wildcat, San Pablo, and Rheem Creeks. P P P1 Chapter 4. Biological Resources Contra Costa County Routine Maintenance Manual * Presence defined as below: Status Legend P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered SE = state endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened ST = state threatened 2 The known occurrences possibly or presumed extirpated FD = federally delisted SSC = state species of special concern 3 From historic occurrences. Unknown if still extant. SFP = state fully protected CE = candidate endangered Contra Costa County Public Works Department 4-64 October 2020 Name Status Habitat Potential To Occur in Maintenance Program area Documented Occurrences in Maintenance Areas* West South Central Central North Central Bay Point South-east North-east Sternula antillarum browni California Least Tern FE/SE Nests along the coast from San Francisco Bay south to northern Baja California. Colonial breeder on bare or sparsely vegetated, flat substrates: sand beaches, alkali flats, landfills, or paved areas. Not expected. The Maintenance Program area contains marginal habitat for this species. Two CNDDB occurrences were reported in marsh areas bordering Suisun Bay in 1983 and 1988 but were not within the Maintenance Program area. Strix occidentalis caurina Northern Spotted Owl FT/ST Old-growth forests or mixed stands of old-growth & mature trees. Occasionally in younger forests w/patches of big trees. None. Suitable habitat is not present within the Maintenance Program area. Xanthocephalus Yellow-headed Blackbird -/SSC Nests in freshwater emergent wetlands with dense vegetation & deep water. Often along borders of lakes or ponds. Nests only where large insects such as Odonata are abundant, nesting timed with maximum emergence of aquatic insects. Possible. Suitable habitat exists in the Maintenance Program area. The CNDDB occurrence near Pinole and Garrity Creeks is from 1899. However, more recent observations of this species have occurred within the county (eBird 2019). P Contra Costa County Routine Maintenance Manual 4. Biological Resources * Presence defined as below: Status Legend P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered SE = state endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened ST = state threatened 2 The known occurrences possibly or presumed extirpated FD = federally delisted SSC = state species of special concern 3 From historic occurrences. Unknown if still extant. FC = federal candidate SFP = state fully protected CE = candidate endangered Contra Costa County Public Works Department October 2020 4-65 Name Status Habitat Potential To Occur in Maintenance Program area Documented Occurrences in Maintenance Areas* West South Central Central North Central Bay Point South-east North-east Fish Archoplites interruptus Sacramento perch -/SSC Historically found in the sloughs, slow-moving rivers, and lakes of the Central Valley. Prefers warms water. Aquatic vegetation is required for young. Not expected. An introduced population of Sacramento perch exists in Jewel Lake in the upper portion of Wildcat Creek (Leidy 2007). It is unlikely that these fish would be present in the Maintenance Program area. P1 Eucyclogobius newberryi Tidewater goby E/SSC Coastal lagoons, estuaries, and marshes of California. Not expected. Tidewater goby is not known from Contra Costa (Leidy 2007). Hypomesus transpacificus Delta smelt FT/FE Sacramento-San Joaquin Delta. Seasonally in Suisun Bay, Carquinez Strait and San Pablo Bay. Seldom found at salinities > 10 ppt. Most often at salinities < 2ppt. Possible. Some parts of the Maintenance Program area are designated Critical Habitat for Delta Smelt, including portions of the Bay Point, Southeast, and Northeast Maintenance Areas. This species may be in brackish confluence areas where creeks empty to San Pablo and Susuin bays. Chapter 4. Biological Resources Contra Costa County Routine Maintenance Manual * Presence defined as below: Status Legend P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered SE = state endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened ST = state threatened 2 The known occurrences possibly or presumed extirpated FD = federally delisted SSC = state species of special concern 3 From historic occurrences. Unknown if still extant. SFP = state fully protected CE = candidate endangered Contra Costa County Public Works Department 4-66 October 2020 Name Status Habitat Potential To Occur in Maintenance Program area Documented Occurrences in Maintenance Areas* West South Central Central North Central Bay Point South-east North-east Oncorhynchus mykiss Steelhead - Central Valley distinct population segment (DPS)/ Central Coast DPS FT/- Spawn in the Sacramento and San Joaquin rivers and tributaries before migrating to the Delta and Bay Area. Found in cool, clear, fast-flowing permanent streams and rivers with riffles and ample cover from riparian vegetation or overhanging banks. Spawns in streams with pool and riffle complexes. For successful breeding, requires cold water and gravelly streambed. Present. Steelhead are known to routinely enter the lower reaches of Walnut Creek, but their upstream migration is blocked by the drop structure at Willow Pass Road (Leidy et al. 2005). The Pinole Creek watershed currently supports steelhead (Leidy et al. 2005). San Pablo Creek and Wildcat Creek also support reproducing steelhead (Becker et al. 2007). P P P1 P1 P1 Spirinchus thaleichthys Longfin Smelt FC/ST Sacramento-San Joaquin Delta, Suisun Marsh, San Francisco and San Pablo Bay, Humboldt Bay, and Gulf of Farallones. Found in open waters of estuaries, mostly in middle or bottom of water column. Prefer salinities of 15- 30 ppt, but can be found in completely freshwater to almost pure seawater. Spawns in freshwater and rears in brackish water. Possible. This species may be present in brackish portions of Maintenance Program area channels near San Pablo and Susuin bays. P P P1 P1 P Contra Costa County Routine Maintenance Manual 4. Biological Resources * Presence defined as below: Status Legend P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered SE = state endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened ST = state threatened 2 The known occurrences possibly or presumed extirpated FD = federally delisted SSC = state species of special concern 3 From historic occurrences. Unknown if still extant. FC = federal candidate SFP = state fully protected CE = candidate endangered Contra Costa County Public Works Department October 2020 4-67 Name Status Habitat Potential To Occur in Maintenance Program area Documented Occurrences in Maintenance Areas* West South Central Central North Central Bay Point South-east North-east Thaleichthys pacificus Eulachon FT/- Spawn in lower reaches of coastal rivers w/ moderate water velocities & bottom of pea-sized gravel, sand & woody debris Not expected. Very rarely occurs in tidal reaches of watersheds in the San Francisco Bay area (Leidy 2007). P1 Invertebrates Apodemia mormo langei Lange's metalmark butterfly FE/- Inhabits stabilized dunes along the San Joaquin River. Endemic to Antioch Dunes, Contra Costa County. Not expected. This species is restricted to the Antioch Dunes, which is outside of the Maintenance Program area (USFWS 2008). The East Antioch Creek flood control channel is close to Antioch Dunes. P1 P Bombus crotchii Crotch bumble bee -/CE Restricted to the Central Valley and South Coast to Inland within California. Possible. Historically present within the maintenance area, but last documented in 1951. The eastern portion of the maintenance area is within the mapped 2002-2012 extent of occurrence for the species. P2 P2 Chapter 4. Biological Resources Contra Costa County Routine Maintenance Manual * Presence defined as below: Status Legend P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered SE = state endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened ST = state threatened 2 The known occurrences possibly or presumed extirpated FD = federally delisted SSC = state species of special concern 3 From historic occurrences. Unknown if still extant. SFP = state fully protected CE = candidate endangered Contra Costa County Public Works Department 4-68 October 2020 Name Status Habitat Potential To Occur in Maintenance Program area Documented Occurrences in Maintenance Areas* West South Central Central North Central Bay Point South-east North-east Bombus occidentalis western bumble bee -/CE In California largely restricted to high elevation sites in the Sierra Nevada and a few records on the northern California coast. Not expected. Several CNDDB records from throughout the maintenance area, but majority are from 1940- 1960’s. The maintenance area is outside of the mapped 2002-2012 extent of occurrence for the species. P2 P2 P2 P2 P2 P2 P2 Branchinecta conservatio conservancy fairy shrimp FE/- Endemic to the grasslands of the northern two-thirds of the Central Valley; found in large, turbid pools. Inhabit astatic pools located in swales formed by old, braided alluvium; filled by winter/spring rains, last until June. None. This species is not known from Contra Costa County (USFWS 2012d) Branchinecta longiantenna longhorn fairy shrimp FE/- Endemic to the eastern margin of the Central Coast mountains in seasonally astatic grassland vernal pools. Inhabit small, clear-water depressions in sandstone and clear-to-turbid clay/grass-bottomed pools in shallow swales. Not Expected. The Program is not expected to affect vernal pool habitats. Contra Costa County Routine Maintenance Manual 4. Biological Resources * Presence defined as below: Status Legend P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered SE = state endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened ST = state threatened 2 The known occurrences possibly or presumed extirpated FD = federally delisted SSC = state species of special concern 3 From historic occurrences. Unknown if still extant. FC = federal candidate SFP = state fully protected CE = candidate endangered Contra Costa County Public Works Department October 2020 4-69 Name Status Habitat Potential To Occur in Maintenance Program area Documented Occurrences in Maintenance Areas* West South Central Central North Central Bay Point South-east North-east Branchinecta lynchi vernal pool fairy shrimp FT/- Vernal pools. Not Expected. The Program is not expected to affect vernal pool habitats. Callophrys mossii bayensis San Bruno elfin butterfly FE/- Coastal mountains near San Francisco Bay None. All known locations are restricted to San Mateo County (USFWS 2010d) Desmocerus californicus dimorphus valley elderberry longhorn beetle FT/- Occurs only in the central valley of California, in association with blue elderberry (Sambucus mexicana). Possible. The Maintenance Program area is within the range of this species, but no CNDDB occurrences have been recorded for Contra Costa County Elaphrus viridis Delta green ground beetle FT/- Restricted to the margins of vernal pools in the grassland area between Jepson Prairie and Travis Air Force Base. None. This species does not occur in Contra Costa County Euphydryas editha bayensis Bay checkerspot butterfly FT/- Native grasslands on serpentine soils. Larval host plants are Plantago erecta and/or Castilleja spp. None. This species historically occurred in Contra Costa County, but its current distribution is restricted to Santa Clara County (USFWS 2009d). Lepidurus packardi vernal pool tadpole shrimp FE/- Inhabits vernal pools and swales in the Sacramento Valley containing clear to highly turbid water. Not Expected. The Program is not expected to affect vernal pool habitats. P1 Chapter 4. Biological Resources Contra Costa County Routine Maintenance Manual * Presence defined as below: Status Legend P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered SE = state endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened ST = state threatened 2 The known occurrences possibly or presumed extirpated FD = federally delisted SSC = state species of special concern 3 From historic occurrences. Unknown if still extant. SFP = state fully protected CE = candidate endangered Contra Costa County Public Works Department 4-70 October 2020 Name Status Habitat Potential To Occur in Maintenance Program area Documented Occurrences in Maintenance Areas* West South Central Central North Central Bay Point South-east North-east Speyeria callippe callippe callippe silverspot butterfly FE/- Restricted to the northern coastal scrub of the San Francisco Peninsula. Hostplant is Viola pedunculata. None. Verified populations of this species are currently known only from San Mateo and Solano counties (USFWS 2009e) Syncaris pacifica California freshwater shrimp FE/SE Endemic to Marin, Napa, & Sonoma counties. Found in low elevation, low gradient streams where riparian cover is moderate to heavy. None. This species does not occur in Contra Costa County. Mammals Antrozous pallidus pallid bat -/SSC Deserts, grasslands, shrublands, woodlands & forests. Most common in open, dry habitats with rocky areas for roosting. Roosts must protect bats from high temperatures. Very sensitive to disturbance of roosting sites. Possible. Trees potentially provide suitable roosting habitat. Lacustrine, riparian, and marsh habitats, and to some extent the adjacent ruderal habitats, provide foraging habitat. P P P P1 Contra Costa County Routine Maintenance Manual 4. Biological Resources * Presence defined as below: Status Legend P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered SE = state endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened ST = state threatened 2 The known occurrences possibly or presumed extirpated FD = federally delisted SSC = state species of special concern 3 From historic occurrences. Unknown if still extant. FC = federal candidate SFP = state fully protected CE = candidate endangered Contra Costa County Public Works Department October 2020 4-71 Name Status Habitat Potential To Occur in Maintenance Program area Documented Occurrences in Maintenance Areas* West South Central Central North Central Bay Point South-east North-east Corynorhinus townsendii Townsend's big- eared bat -/SSC Found throughout California in a wide variety of habitats, including woodlands, forests, chaparral, scrubs, and grasslands. Most common in mesic sites. Roosts on open surfaces in caves, abandoned mines, and buildings. Also uses bridges, rock crevices and hollow trees as roost sites. Roosting sites are limiting. This species is extremely sensitive to human disturbance. Possible. Trees potentially provide suitable roosting habitat. Lacustrine, riparian, and marsh habitats, and to some extent the adjacent ruderal habitats, provide foraging habitat. P1 P1 Lasiurus blossevillii western red bat -/SSC Cismontane woodland, lower montane coniferous forest, riparian forest and woodlands. Roosts primarily in trees, 2-40 feet above ground, from sea level up through mixed conifer forests. Prefers habitat edges and mosaics with trees that are protected from above and open below with open areas for foraging. Possible. Riparian areas in the Maintenance Program area provide suitable roosting and foraging habitat for this species, and adjacent ruderal habitats with trees also provides limited roosting and foraging habitat. A CNDDB occurrence intersects the East Antioch Creek flood control channel. p Chapter 4. Biological Resources Contra Costa County Routine Maintenance Manual * Presence defined as below: Status Legend P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered SE = state endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened ST = state threatened 2 The known occurrences possibly or presumed extirpated FD = federally delisted SSC = state species of special concern 3 From historic occurrences. Unknown if still extant. SFP = state fully protected CE = candidate endangered Contra Costa County Public Works Department 4-72 October 2020 Name Status Habitat Potential To Occur in Maintenance Program area Documented Occurrences in Maintenance Areas* West South Central Central North Central Bay Point South-east North-east Microbús californicus sanpabloensis San Pablo vole -/SSC Saltmarshes of San Pablo Creek, on the south shore of San Pablo Bay. Constructs burrow in soft soil. Feeds on grasses, sedges and herbs. Forms a network of runways leading from the burrow Possible. Suitable habitat is present where flood control channels enter saltmarsh ecosystems in the West Maintenance Area (reach 1 of Wildcat, San Pablo, Rheem, Garrity and Pinole Creeks). P Neotoma fuscipes annectens San Francisco dusky- footed woodrat -/SSC Nests in a variety of habitats including riparian areas, oak woodlands, and scrub. Possible. Suitable habitat is present in the Maintenance Program area, in riparian areas and oak woodlands. Nyctinomops macrotis big free-tailed bat -/SSC Low-lying arid areas in Southern California. Need high cliffs or rocky outcrops for roosting sites. Feeds principally on large moths. Not expected. Usually considered a Southern California species. A single individual was collected in 1979 in Contra Costa County. P1 Reithrodontomys raviventris salt-marsh harvest mouse FE/SE, SFP Saline emergent wetlands of San Francisco Bay and its tributaries. Possible. Suitable habitat is present where flood control channels enter saltmarsh ecosystems (reach 1 of Wildcat, San Pablo, Rheem, Pinole, and Pacheco Creeks). P P P1 Contra Costa County Routine Maintenance Manual 4. Biological Resources * Presence defined as below: Status Legend P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered SE = state endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened ST = state threatened 2 The known occurrences possibly or presumed extirpated FD = federally delisted SSC = state species of special concern 3 From historic occurrences. Unknown if still extant. FC = federal candidate SFP = state fully protected CE = candidate endangered Contra Costa County Public Works Department October 2020 4-73 Name Status Habitat Potential To Occur in Maintenance Program area Documented Occurrences in Maintenance Areas* West South Central Central North Central Bay Point South-east North-east Sorex vagrans halicoetes salt-marsh wandering shrew -/SSC Medium to high marsh with pickleweed. Possible. Suitable habitat is present where flood control channels enter saltmarsh ecosystems (reach 1 of Wildcat, San Pablo, Rheem, Garrity, Pinole, and Pacheco Creeks). P Taxidea taxus American badger -/SSC Most abundant in drier open stages of most shrub, forest, and herbaceous habitats, with friable soils. Needs sufficient food, friable soils and open, uncultivated ground. Preys on burrowing rodents. Digs burrows. Possible. Suitable habitat is present, mostly in eastern portions of the County. P1 P1 Vulpes macrotis mutica San Joaquin kit fox FE/ST Annual grasslands or grassy open stages with scattered shrubby vegetation. Need loose- textured sandy soils for burrowing, and suitable prey base Possible. Suitable habitat is present, mostly in eastern portions of the County. CNDDB occurrences intersect Marsh Creek Reservoir and Sycamore Creek. P P1 P Chapter 4. Biological Resources Contra Costa County Routine Maintenance Manual * Presence defined as below: Status Legend P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered SE = state endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened ST = state threatened 2 The known occurrences possibly or presumed extirpated FD = federally delisted SSC = state species of special concern 3 From historic occurrences. Unknown if still extant. SFP = state fully protected CE = candidate endangered Contra Costa County Public Works Department 4-74 October 2020 Name Status Habitat Potential To Occur in Maintenance Program area Documented Occurrences in Maintenance Areas* West South Central Central North Central Bay Point South-east North-east Reptiles Anniella pulchra pulchra silvery legless lizard -/SSC Found in chaparral, coastal dunes, and coastal scrub areas with sandy or loose loamy soils under sparse vegetation. Prefer soils with a high moisture content. Possible. Suitable habitat exists in the Maintenance Program area. CNDDB occurrence intersect Marsh and Antioch Creeks, as well as Trenbath and Oakley Basins. P1 P Arizona elegans California glossy snake -/SSC Generalist reported from a range of scrub and grassland habitats, often with loose or sandy soils. Possible. Suitable habitat exists in the maintenance area. CNDDB occurrence from the Antioch Dunes NWR, but last observed in 1958. P1 Chelonia mydas green sea turtle FT/- Marine habitats in bays, lagoons, nearshore areas, and open ocean. None. This species does not occur in the Maintenance Program area. Emys marmorata western pond turtle -/SSC Found in ponds, marshes, rivers, streams & irrigation ditches, usually with aquatic vegetation. Needs basking sites. Present. Western pond turtles are present in the Maintenance Program area. P1 P1 P1 P P P Contra Costa County Routine Maintenance Manual 4. Biological Resources * Presence defined as below: Status Legend P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered SE = state endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened ST = state threatened 2 The known occurrences possibly or presumed extirpated FD = federally delisted SSC = state species of special concern 3 From historic occurrences. Unknown if still extant. FC = federal candidate SFP = state fully protected CE = candidate endangered Contra Costa County Public Works Department October 2020 4-75 Name Status Habitat Potential To Occur in Maintenance Program area Documented Occurrences in Maintenance Areas* West South Central Central North Central Bay Point South-east North-east Masticophis flagellum ruddocki San Joaquin whipsnake -/SSC Open, dry habitats with little or no tree cover. Found in valley grassland & saltbush scrub in the San Joaquin Valley. Not expected. A single CNDDB occurrence of this species in Contra Costa County was recorded in 1980, along Kellogg Creek. However, this occurrence is located within the current footprint of Los Vaqueros Reservoir. P1 Masticophis lateralis euryxanthus Alameda whipsnake FT/ST Typically found in chaparral and scrub habitats but will also use adjacent grassland, oak savanna and woodland habitats. Possible. Suitable habitat exists in the Maintenance Program area. P1 P1 P1 P1 P1 P1 P1 Phrynosoma blainvillii coast horned lizard -/SSC Uses a variety of habitats, most commonly sandy washes with low bushes. It needs open areas for sunning, bushes for cover, patches of loose soil for burial, & abundant supply of ants & other insects. Possible. Suitable habitat exists in the Maintenance Program area. P1 Chapter 4. Biological Resources Contra Costa County Routine Maintenance Manual * Presence defined as below: Status Legend P = record is known from the maintenance area, or this species was observed by Horizon staff in the Maintenance Program area FE = federally endangered SE = state endangered 1 Known from the maintenance area, but the occurrence is outside of the Maintenance Program area FT = federally threatened ST = state threatened 2 The known occurrences possibly or presumed extirpated FD = federally delisted SSC = state species of special concern 3 From historic occurrences. Unknown if still extant. SFP = state fully protected CE = candidate endangered Contra Costa County Public Works Department 4-76 October 2020 Name Status Habitat Potential To Occur in Maintenance Program area Documented Occurrences in Maintenance Areas* West South Central Central North Central Bay Point South-east North-east Thamnophis gigas giant garter snake FT/ST Marshes, streams, wetlands, and riparian scrub, and agricultural wetlands, and rice fields. Prefers freshwater marsh and low gradient streams. Has adapted to drainage canals and irrigation ditches. Habitat consists of (1) adequate water during the snake’s active season, (2) emergent herbaceous wetland vegetation for escape and foraging habitat, (3) grassy banks and openings in waterside vegetation for basking, and (4) higher elevation upland habitat for cover and refuge from flooding (USFWS 2012e). Possible. Suitable habitat exists in the Maintenance Program area. P1 Contra Costa County Routine Maintenance Manual 4. Biological Resources Contra Costa County Public Works Department October 2020 4-77 Invasive Wildlife and Plants, and Noxious Weeds 4.4.1 Invasive Plants Invasive plants are defined by law, regulation, and technical organizations, and are regulated by many different sources, including the California Department of Food and Agriculture (CDFA) and the United States Department of Agriculture (USDA). The California Invasive Plant Council (Cal- IPC) has developed a list of invasive plants specific to California wildlands. The term “noxious weed” is used by government agencies for non-native plants that have been defined as pests by law or regulation. The following CDFA designations apply to invasive plant pests: A – A pest of known economic or environmental detriment and is either not known to be established in California or it is present in a limited distribution that allows for the possibility of eradication or successful containment B – A pest of known economic or environmental detriment and, if present in California, it is of limited distribution C – A pest of known economic or environmental detriment and, if present in California it is usually widespread The Cal-IPC (2006) ranks invasive plants based on the level of ecological impact in California as follows: High – Species has severe ecological impacts on physical processes, plant and animal communities, and vegetation structure Moderate – Species have substantial and apparent ecological impacts on physical processes, plant and animal communities, and vegetation structure Limited – Species are invasive but their ecological impacts are minor on a statewide level or there was not enough information to justify a higher score Major invasive plant species of the county are defined as the 34 species with a Cal-IPC rank of High that occur in Contra Costa County (Calflora 2016). Table 4-3 provides the list of these species. Additionally, Appendix C provides a list of additional opportunities for invasive plant management in the county, ranging from surveillance to containment. Table 4-3. Invasive Weeds in Contra Costa County with a High Cal-IPC Rating Scientific Name Common Name Life Form Aegilops triuncialis barbed goatgrass Annual grass Alternanthera philoxeroides alligator weed Perennial herb Ammophila arenaria European beachgrass Perennial grass Chapter 4. Biological Resources Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 4-78 October 2020 Scientific Name Common Name Life Form Arundo donax giant reed Perennial grass Asparagus asparagoides African asparagus fern Vine Bromus madritensis ssp. rubens red brome Annual grass Bromus tectorum cheatgrass Annual grass Carpobrotus edulis iceplant Perennial herb Centaurea solstitialis yellow star thistle Annual herb Cortaderia jubata jubata grass Perennial grass Cortaderia selloana pampas grass Perennial grass Cytisus scoparius Scotch broom Shrub Delairea odorata Cape ivy Perennial herb Egeria densa Brazilian waterweed Perennial herb Eichhornia crassipes common water hyacinth Perennial herb Elymus caput-medusae medusa head Annual grass Foeniculum vulgare fennel Perennial herb Genista monspessulana French broom Shrub Hedera canariensis Canary ivy Vine Hedera helix English ivy Vine, Shrub Lepidium latifolium perennial pepperweed Perennial herb Ludwigia hexapetala six petal water primrose Perennial herb Ludwigia peploides floating water primrose Perennial herb Lythrum salicaria purple loosestrife Perennial herb Myriophyllum aquaticum parrot feather watermilfoil Perennial herb (aquatic) Myriophyllum spicatum spike watermilfoil Perennial herb Rubus armeniacus Himalayan blackberry Shrub Sesbania punicea red sesbania Shrub Spartina alterniflora × Spartina foliosa hybrid smooth cord grass Perennial grass Spartina densiflora denseflower cordgrass Perennial grass Spartium junceum Spanish broom Shrub Tamarix parviflora smallflower tamarisk Tree, Shrub Tetragonia tetragonioides New Zealand spinach Annual herb Ulex europaeus common gorse Shrub Source: CalFlora 2016 Contra Costa County Routine Maintenance Manual 4. Biological Resources Contra Costa County Public Works Department October 2020 4-79 4.4.2 Invasive Wildlife Invasive wildlife has become problematic in California, because these species negatively impact native plant and animal communities. In Contra Costa County, several species of invasive wildlife are known to occur. These include feral pig, American bullfrog, Norway rat (Rattus norvegicus), feral cat (Felis catus), European Starling (Sturnus vulgaris) and the Brown-headed Cowbird (Molothrus ater). The New Zealand mudsnail (Potamopyrgus antipodarum) is a recent invader of aquatic habitats in Contra Costa County (USGS 2015). This species can live in both fresh and brackish water, and is capable of parthenogenic reproduction (meaning that a single female is able to reproduce and establish a new population) (Benson et al. 2015). The New Zealand mudsnail can reach high densities, and may cause fouling issues (Benson et al. 2015). Chapter 4. Biological Resources Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 4-80 October 2020 Page intentionally left blank Contra Costa County Public Works Department October 2020 5-1 Chapter 5 Flood Control Facility Maintenance This chapter identifies and describes Contra Costa County Routine Maintenance Program (Maintenance Program or Program) activities at flood control facilities including primarily culverts, channels, sediment basins, storm drain facilities, and access roads and ramps. Minor maintenance activities conducted by the Contra Costa County (County) are described at the end of the chapter. Culvert Maintenance The County owns and maintains numerous culverts often comprised of corrugated metal pipe (CMP) or reinforced concrete pipe (RCP), that route drainage from local collectors or ditches directly to downstream channels. Commonly these culverts cross beneath an access road and discharge into a flood control facility through a culvert outfall on the channel bank a few feet above the channel bed. Flushing and repairing existing culverts are routine maintenance activities and are described below. Section 5.2 further below describes sediment and debris removal maintenance which includes sediment and debris removal at culverts. 5.1.1 Culvert Flushing and Sediment Removal County-owned and maintained culverts that convey flows into flood control channels within the County’s jurisdiction are manually cleared by hand and then flushed with the minimal amount of water necessary to remove debris/sediment and ensure proper drainage functioning. The source of water for culvert flushing will be chlorinated water. The County will use de- chlorination tablets in the water prior to flushing culverts. Prior to conducting this activity, the County’s maintenance area supervisor inspects all culverts and identifies which ones are clogged and require sediment clearing. Sediment clearing from culverts is deemed necessary when the culverts are constricted by accumulated debris and sediment. Undersized culverts that clog more often may require flushing even more frequently. If chronic flushing sites are identified in future years under the Maintenance Program, the County will evaluate possibly installing new, redesigned structures to avoid future maintenance, where feasible. Maintaining clear and open culverts is a fundamental program requirement to avoid and reduce urban flooding. Note that the County is not responsible for maintaining local private drainage culverts beyond the County’s property or maintenance easement. Silt fences, floating silt curtain, or other sediment capture devices are typically installed downstream of the work area in the channel to reduce and limit turbidity effects of flushing. After sediment and debris has been manually cleared, the culvert will be flushed from the downstream end with water until clean. If necessary, culverts can be flushed from the upstream end as well. This activity typically occurs in fall at the beginning of the rainy season. Chapter 5. Flood Control Facility Maintenance Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 5-2 October 2020 5.1.2 Culvert Repair or Replacement The majority of the County’s culvert repair or replacement activities involve small roadside drainage culverts that direct flow to the County’s flood control channels; repair or replacement of non-routine larger road crossing box culverts would be permitted separately outside the Maintenance Program. On occasion, drainage culverts may require repair or replacement due to material deterioration or structural damage. Causes of failures may include improper sizing, misalignment, and/or the age of materials. Culvert failure typically reduces hydraulic capacity due to flow obstruction and blocking, sediment accumulation, or other debris that collects as a result of the failure. Failure may also lead to increased erosion downstream of the culvert where concentrated flows may become more erosive. This can be particularly problematic if the erosive flows are directed immediately towards a stream bank. Prior to conducting a culvert replacement project, the County’s project engineer will review site conditions, evaluate the necessary capacity needed for the culvert based on the drainage area, estimated rainfall and runoff, and past observations or collected data (if available) regarding runoff at the culvert site. The County will also evaluate surrounding parcel ownership information, access to the site, and cost of alternative culvert design options to ensure that the least impactful design option is selected and that the replaced culvert is sized adequately. These considerations will be incorporated into the design. Where feasible, culverts will be designed to accommodate the 100-year flow. For larger culvert repair/replacement projects greater than 48 inch pipe diameter, the County would consult with regulatory agencies on a case-by-case basis. However, culvert repair/replacements at major creek crossings at locations identified in Figure 5-1 (or under similar circumstances) will be designed to conform with the NMFS Guidelines for Salmonid Passage at Stream Crossings (September 2019) as appropriate for the specific creek condition. Design plans will be submitted to NMFS for review and approval at least 120 days in advance of construction. The RWQCB will be notified of culvert replacements occurring in salmonid habitat identified in Figure 5-1 concurrently with NMFS. Repair or replacement of an existing culvert will occur within the same footprint as the original culvert. No new culvert installation work would occur in areas where no serviceable structure exists. Energy dissipation and erosion control materials will be used at the culvert outfall if discharging on an unprotected slope of earthen materials. Culvert replacement typically involves removing the existing culvert, replacing the culvert with a new culvert of similar size, and anchoring it in place with steel reinforced concrete or grouted rip-rap depending upon the severity of erosion. Culvert replacement typically involves the replacement of culverts with same size. However, on occasion there are reasons when the County may seek to upsize a culvert, because the existing size has proven repeatedly to be insufficient, or requires frequent maintenance due to being sized inadequately. In such cases, the County would seek approval of an upsizing on a case-by-case basis. Mitigation will be provided as appropriate for any new permanent impacts associated with culvert upsizing work (e.g., added length of pipe, and/ or headwalls, endwalls, or scour protection). Typically, each culvert replacement site will be Contra Costa County Routine Maintenance Manual Chapter 5. Flood Control Facility Maintenance Contra Costa County Public Works Department October 2020 5-3 between 25 to 60 feet in length. On occasion, a culvert replacement site associated with a sediment basin or other larger facility may reach up to 150 feet in length. Culvert repair and replacement activities typically occur during the summer season when water levels are low or absent. Dewatering of the creek may be required depending on site conditions and water levels. New culverts are generally installed using an excavator working from above the channel from the top-of-bank. Culverts are placed at grade and anchored to subgrade. Backfill and access road material are then laid, graded, and compacted. Like other maintenance activities, staging will typically occur along the access road adjacent to the channel beyond the top-of-bank. As appropriate, exposed soil on channel banks that remains after culvert maintenance activities will either be seeded with grass and covered with erosion control fabric or planted. Chapter 5. Flood Control Facility Maintenance Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 5-4 October 2020 Page intentionally left blank Pinole Creek San Pablo Creek Wildcat CreekS a n P a b l o B a y 0 10.5 Miles T:\_PROJECTS\14003_ContraCosta_SMP\mxd\BioResources\Figure_1_steelhead_rainbow_wildcat_pinole_sanpablo.mxd 7/14/2020 PGCounty-maintained portions of channels within the Program Area Creek Figure 5-1 Location of Routine Maintenance Channels with Potential Steelhead Distributionin the Program Area Extent of Run Steelhead within the County Maintained Portion of the Channel* PinoleCreek Pinole 80AppianWay Pin o l e Vall eyRdS a n P a b lo A ve Ten n e n t A v e P i n o l e V a l l e y R dSanPabloAve Run 0 1,000500 Feet T:\_PROJECTS\14003_ContraCosta_SMP\mxd\Permitting\NMFS\steelhead\Figure_1_steelhead_individualcreeks.mxd 7/21/2020 PGPage 1 of 3 County-maintained portions of channels within the Program Area Creek RMP Features Major Creek Crossings Fish Passage Features Fish Ladder (at I-80) *upstream of PInole Valley Rd The County does not maintain any creek crossings Figure 5-1 Potential Steelhead Distributionfor Pinole Creek in the Program Area Potential Steelhead Presence Extent o f S t r a y S t e e l h e a d within t h e C o u n t y M a i n t a i n e d Portion o f t h e C h a n n e l * * Extent of Stray Steelhead within the County Maintained Portion of the Channel* San Pablo Creek BrooksideDr RumrillBlvd3rd StPar r B l v d Giant RdR ichm o n d P k w y 1 2 Stray 0 1,000500 Feet T:\_PROJECTS\14003_ContraCosta_SMP\mxd\Permitting\NMFS\steelhead\Figure_1_steelhead_individualcreeks.mxd 7/21/2020 PGPage 2 of 3 County-maintained portions of channels within the Program Area Creek 1. Richmond Pkwy 2. Fred Jackson Way RMP Features Major Creek Crossings Fish Passage Features *upstream of Giant Rd (County maintained) Total Fish Passage Barrier (concrete drop structure) Figure 5-1 Potential Steelhead Distributionfor San Pablo Creek in the Program Area Potential Steelhead Presence Wildcat Creek Trail Extent of Stray Steelhead within the County Maintained Portion of the Channel** Extent of Stray Steelhead within the County Maintained Portion of the Channel*W i l d c a t C r e e k Filbert StGiant RdRheem Ave3rd StRumrill Blvd13th St7th S t CastroStChesley Ave Market Ave Richmond Pkwy3 4 Stray 0 1,000500 Feet T:\_PROJECTS\14003_ContraCosta_SMP\mxd\Permitting\NMFS\steelhead\Figure_1_steelhead_individualcreeks.mxd 7/21/2020 PGPage 3 of 3 *downstream of Wildcat Creek Trail **upstream of railroad crossing County-maintained portions of channels within the Program Area Creek 3. Richmond Pkwy 4. Fred Jackson Way RMP Features Major Creek Crossings Fish Passage Features Fish Ladder (at railroad crossing) (County maintained) Figure 5-1 Potential Steelhead Distributionfor Wildcat Creek in the Program Area Potential Steelhead Presence Contra Costa County Routine Maintenance Manual Chapter 5. Flood Control Facility Maintenance Contra Costa County Public Works Department October 2020 5-7 Sediment and Debris Removal Deposited or accumulated sediment and debris can reduce a channel’s capacity to safely convey streamflow, conflicting with the Flood Control District’s responsibility to maintain channel capacity and reduce the flood risk. Accumulated sediment or debris can also block culverts, bridges, or direct flows into streambanks and other structures causing erosion. To alleviate these increased flood risks associated with sediment and debris accumulation, the County may remove excess sediment and debris from flood control channels and other facilities. These activities are also expected to improve water quality, eliminate unpleasant odors, and improve aesthetic conditions. Sediment and debris removal occurs in both earthen and concrete channels, and is limited to the as-built channel design. Aside from channels, sediment and debris removal activities also occur at concrete box culverts at road/bridge crossings; storm drain outlets, trash racks and other minor storm drain facilities; and sediment basins. Typically, sediment and debris removal activities occur during the dry season, between June 15 to October 15. The following sections describe these maintenance activities for each facility type in more detail. Removal of sediment from smaller culverts is addressed in Section 5.1, above. 5.2.1 Sediment Removal Channels Sediment removal work is performed when sediment volume has reduced channel capacity or when localized sediment obstruction has the potential to divert flows and thereby result in erosion damage. Sediment removal in channels typically occur at small localized areas that experience sediment deposition or blockages. Work generally occurs under dry channel conditions; however, if maintenance is necessary where water is in the channel, dewatering would be conducted. Silt fences, floating silt curtain or other devices are typically installed to prevent silt movement downstream of the work area. Sediment removal in engineered flood control channels will typically involve the following activities:  As possible, the County will use hand tool approaches for smaller scale sediment removal work or when working around sensitive instream locations that are not hardened surfaces.  If mechanized sediment removal is necessary, the County will use a walking excavator, self-propelled excavator, backhoe, or long-reach excavator from the top of bank above and outside of the channel on maintenance access roads or easement areas. From there, such equipment will be used to remove sediment and place it directly on hauling trucks.  If using a long reach excavator from a top of bank location is not possible (e.g., due to the height of tall vertical concrete channel walls or limited easement space at the top of bank), County staff may use a front loader or articulated excavator to push sediment to the side of the channel and allow to drain. The front loader or articulated excavator can then push the sediment up an access ramp or load the sediment into trucks and transfer Chapter 5. Flood Control Facility Maintenance Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 5-8 October 2020 to an off-site disposal area to dry further. The County is currently subject to sediment removal limitations outlined in their California Department of Fish and Wildlife (CDFW) Routine Maintenance Agreement (RMA). The County’s Maintenance Program will comply with the limits included in Table 5-1 for natural channels; engineered earthen channels; concrete channels; and around bridges, culverts, storm drain outlets, etc. As stated above, sediment removal activities for the Program typically focus on small, localized areas that experience sediment deposition or blockages, as opposed to occurring along the entire reach. Note that any additional sediment removal activities not currently listed in Table 1-3 would be conducted in accordance with the limits identified herein. Table 5-1. Annual Routine Maintenance Sediment Removal Limits Facility Sediment Removal Limit per Channel Reach1 Annual Sediment Removal Limit per Stream (length) Annual Sediment Removal Limit per Reach (volume) Natural channels 100 LF 1,000 LF 400 CY Engineered earthen channels 250 LF 2,500 LF 800 CY Concrete Channels 1,000 LF 5,000 LF 1,500 CY Around Bridges, Culverts, Storm Drain Outlets, Trash Racks and other Trash Capture Devices, and Water Diversion Inlets 100 CY affecting up to 100 LF in natural channels 200 LF in engineered earthen and concrete channels N/A 100 CY in natural 1,100 CY in engineered earthen and concrete channels Notes: LF = linear feet, CY = cubic yards 1 Channel reach is defined as a section of stream defined by uniform habitat features, such as a particular type of bed substrate, geomorphologic channel characteristics, and riparian vegetation. In urban environments, reaches may be defined by upstream and downstream barriers, such as bridge footings or weirs. Concrete Box Culverts and Other Minor Facilities As described in Section 5.1 and shown in Table 5-1, the County is responsible for clearing sediment from culverts and around other facilities such as bridges, storm drain outlets, trash racks and other trash capture devices, and water diversion inlets. For smaller facilities like storm drain outlets, trash racks and storm drain outlets; sediment is removed manually by digging out sediment by hand. Concrete box culverts are primarily located at bridge and road crossings (shown in Photo 2 Figure 1-8). Depending on the height of concrete box culverts, sediment removal may involve use of a walk-behind loader to move sediment to the ends of the culvert. Once the center of the culvert is cleared, an excavator can be used to place sediment in a dump truck for hauling to Contra Costa County Routine Maintenance Manual Chapter 5. Flood Control Facility Maintenance Contra Costa County Public Works Department October 2020 5-9 either a landfill or County-owned parcel. Similar to the description above for channels, sediment removal work occurs during the dry season. Sediment Basins The designed purpose of sediment basins is to collect, manage, and remove sediment from a defined location. Sediment basins provide a function of keeping sediment from otherwise being transported downstream into flood control channels and reducing channel capacity downstream. Removing sediment from designed facilities with defined access points also reduces the need for more invasive channel maintenance activities along the channel downstream. Maintenance of sediment basins includes removal of accumulated sediment and vegetation management. Similar to other flood control facilities described above, sediment removal may require use of equipment such as an excavator and/or bulldozer. Vegetation management activities at sediment basins are described in more detail in Chapter 6, Vegetation Management. 5.2.2 Debris and Trash Removal Debris removal involves removing non-sedimentary materials that are deposited in channels as a result of high flows or through human activity. Examples of debris include tires, shopping carts, trash, furniture, clothing, encampments, and other substances. While sediment accumulation typically involves raising of the channel bed in a uniform manner and the development of in- channel depositional features such as bars; non-sedimentary debris typically occurs in the form of isolated objects or debris mounds or snags. However, such debris can substantially reduce channel conveyance capacity and affect hydraulic conditions. For example, debris jams can divert and redirect flows into channel banks and thereby increase bank erosion downstream. Large debris is also problematic when caught against crossings and bridge abutments, which leads to raised water elevations and blocked culvert inlets and outfalls. The County routinely monitors its flood control channels to remove debris that impairs hydraulic conditions or reduces flood channel conveyance capacity. The County also routinely monitors ditches, basins and other minor facilities for presence of debris. Debris removal occurs on an as- needed basis as an outcome of these routine inspections. This activity may also be required to provide access for minor maintenance activities at flap gates or grade control structures. Debris removal activities are generally conducted by work crews using hand tools and occasionally a winch operated from the top of bank. Non-vegetative debris is removed from the site via dump truck for disposal at a solid waste landfill. Hazardous waste such as paint and oil, are sealed in protective containers and disposed at an appropriate hazardous waste facility. As a steward of the environment, the County’s Contra Costa Clean Water Program works with local partners including schools, businesses, and residents in assessing existing obstructions and abandoned structures for possible removal. Local partners are encouraged to contact the Contra Costa Clean Water Program to report illegal dumping or spills. The County also works with local law enforcement to control the establishment of homeless encampments on the flood control channels that the County owns. Such encampments can be major sources for debris, garbage, and water pollution. Chapter 5. Flood Control Facility Maintenance Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 5-10 October 2020 Access Road and Ramp Maintenance The great majority of County channels have a maintenance access road parallel to the channel above and beyond the top of the channel bank. In some locations, access roads occur on one side of a channel and, in some locations, there are access roads on both sides of channel. Channel access road and ramp maintenance primarily includes grading and/or resurfacing access roads at the top of bank and managing adjacent vegetation (described in Chapter 6). To ensure that the road surface routes water and sediment off the access roads to the shoulder or ditch adequately, the County will grade unpaved access roads to ensure proper drainage and minimal erosion and sedimentation. Currently, depending on the condition of these roads, the County may need to add rock or gravel; in other instances, they may need to re-compact the road. Along three channels, there is no maintenance access road found at the top of the bank. Rather, the County utilizes ramps to access the channel. The ramps are situated on top of an inset floodplain bench, approximately half-way down the channel bank. The three locations with access ramps include: (1) an approximately 1,000-foot-long road along the northern bank of San Pablo Creek extending from the concrete channel to Parr Boulevard; (2) an approximately 4,000- foot-long road along Marsh Creek from the confluence with Dry Creek to Balfour Road; and (3) a small portion (300 feet) of Marsh Creek just upstream of Brentwood Boulevard. Maintenance, repair, and compaction of these roads occurs on an as-needed basis. Erosion Protection While this Maintenance Program does not include bank stabilization/repair work (e.g., rock slope protection or riprap), it does include minor and temporary erosion protection treatments to control erosion and prevent additional sediment input to the channel during maintenance work. Erosion protection is typically needed along earthen channels where minor erosion is evident (e.g., cracks along banks, small rivulets, etc.). This work is conducted on an as-needed basis, typically after the rainy season (i.e., between June 15 and October 15). Treatments may include the installation of temporary low-impact fixes such as installation of revetment fencing, erosion protection blankets, straw wattles, coir cloth, and tarping. Preference is given to biotechnical treatments. Once maintenance work is complete, any non-degradable materials will be removed from the site. Minor Maintenance Activities In addition to the primary maintenance activities described above, the County conducts a number of other minor small-scale routine maintenance activities in their flood control channels countywide. These activities include concrete channel repair, trash rack clearing, rodent control, dam site maintenance, and other minor maintenance activities such as flap gate servicing, subdrain vault clearing, and graffiti removal. Depending on where these facilities are located, some of these activities may be within the jurisdiction of regulatory agencies. Other activities like fence and gate repair are generally outside of the interest or authority of the regulatory agencies. Minor maintenance activities are described further below. Contra Costa County Routine Maintenance Manual Chapter 5. Flood Control Facility Maintenance Contra Costa County Public Works Department October 2020 5-11 5.5.1 Concrete Channel Repair Concrete repair includes spall repair and sealing of cracks in the concrete bed and banks of flood control channels. Concrete crack sealing involves loosening of broken concrete with a wire brush, then application of caulking. Both of these activities are conducted by hand (no mechanical equipment involved) in August/September when the channel is as dry as possible. 5.5.2 Trash Rack Maintenance The County currently maintains 39 trash racks. Trash racks are located at dam spillways, basin inlets, channel and culvert inlets, and key locations designed to catch debris (see photos 4 and 5 in Figure 1-8). Trash rack clearing typically involves use of chainsaws to break up tangled branches and vegetation masses and/or pitchforks and load nets to remove the debris to waiting dump trucks for hauling and disposal at a local landfill. The amount of trash removed annually varies depending on the type of water year, and some trash racks need to be serviced multiple times in one year. Typical amounts of trash and debris removal per trash rack is 75 to 350 cubic yards per year. In addition, maintenance crews routinely spot remove individual items (e.g., shopping carts, tires, etc.) from channels and basins as necessary. Such spot clearing is done by hand. 5.5.3 Rodent Control Rodent control mainly includes filling in burrows found throughout the County’s flood control facilities. This activity may occur along earthen levees and dams. This activity is done site- specifically at each burrow hole. Open burrows are filled with earth material and compacted for a smooth finish with the surrounding land surface. Another method of rodent control is the use of rodenticides. The County will only use rodenticides at reservoir and dam sites when necessary to protect the structural integrity of the dam and when other less toxic alternatives are not available. The County primarily uses diphacinone, an anticoagulant rodenticides; however, the County’s IPM Committee is studying the use of fumigants and other acute rodenticides (e.g., zinc phosphate) to reduce the potential for secondary exposure to wildlife. The County will apply rodenticides through bait stations to prevent non-target species from ingesting the rodenticide directly. Bait stations will be monitored regularly and modified as needed to ensure non-target wildlife are not accessing the bait. 5.5.4 Dam Site Maintenance Dam site maintenance generally entails similar maintenance activities that occur at the other County facilities described throughout this chapter and in Chapter 6, Vegetation Management. Depending on the dam site, maintenance may include debris removal, earthen repairs, mowing, access road grading, burrow control, and trash rack maintenance. 5.5.5 Small Structures Other small structures that are maintained by the County include flap gates, subdrain vaults, tide gates, fish ladders, fish screens, grade control structures, weirs or gates, stream gauge structures, pump station inlet/outlet structures, energy dissipaters, piers and pilings. Chapter 5. Flood Control Facility Maintenance Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 5-12 October 2020 Flap gate servicing typically involves clearing debris accumulated behind flap gates inside the drainage outlets by hand or using a vacuum truck stationed on the top of bank to remove the collected material. Flap gates are installed to prevent backflows into the drain pipes to prevent road flooding on the roads above the drainage and flood control channels. Subdrain vaults are installed on the Walnut Creek and Pine Creek main stem channels. Annually, the subdrain vaults are opened and water is pumped out in order to service small 6-inch flap gates located inside the vaults. Any silt, gravel, rock, or other material accumulated inside the vaults is also removed. There are currently 45 subdrains along the Walnut Creek channel and eight subdrains along the Pine Creek channel. Minor maintenance of the other above-mentioned facilities includes inspecting these other small facilities for any mechanical repairs and removing any debris on an as-needed basis that is affecting the facilities’ functioning. Additionally, other minor routine maintenance activities include graffiti removal, which involves painting by hand or mechanical sprayers on concrete channel walls and ramps. 5.5.6 Other Minor Activities Outside of Regulatory Agencies’ Jurisdiction Maintenance activities conducted by the County that are beyond the interest of regulatory agencies include fence and gate repair. These facilities are repaired as needed to protect the public and County property. Contra Costa County Public Works Department October 2020 6-1 Chapter 6 Vegetation Management Vegetation management is conducted to maintain the hydraulic and operational functions of Contra Costa County’s (County’s) flood control facilities and roadside drainage facilities; eliminate invasive/exotic weeds; maintain defensible space around County facilities to reduce fire fuel loads, fire risk, and hazards; reduce potential areas for encampment; and provide visibility for increased public safety, including for site distance along roads. Vegetation management is necessary to achieve several of the Contra Costa County Routine Maintenance Program (Maintenance Program’s or Program’s) goals. In particular, vegetation has the ability to restrict hydraulic capacity and impede flow conveyance, negatively affect water quality, direct flows towards streambanks erosively, and create fire hazards due to high fuel loads. Non-native vegetation often has negative ecological impacts as it can out-compete more desirable native species, resulting in habitat alteration and reduced biodiversity. This chapter describes the specific types of vegetation management activities that are conducted routinely through the County’s Maintenance Program. The primary vegetation management activities include mowing, trimming and pruning, tree removal, herbicide application, grazing, and invasive plant removal. In addition, the County conducts fallen tree removal and repositioning in and around their flood control facilities on an as-needed basis. This work typically occurs after heavy storm events. The County undertakes these types of vegetation management activities routinely and relatively consistently from year to year. The work locations often change yearly, but the type of work remains consistent. Some work locations are also routinely repeated each year. Some facilities may require annual vegetation maintenance while others do not. This largely depends on the type of vegetation in or adjacent to the channel or facility and other environmental factors including the degree of solar input and soil and moisture conditions. Mowing The County routinely mows grasses that grow in the top-of-bank and bank slope areas along their access roads and County rights-of-way (ROWs) to reduce fire hazards and public safety hazards. The County typically maintains a 5-foot swath along the top of bank of channels. Mowing also helps control non-native plant growth. This activity may be conducted either manually (e.g., trimmers and handheld power tools) or through use of mechanized equipment. This activity is conducted in accordance with California Department of Forestry and Fire Protection’s (CAL FIRE) requirements and in coordination with the local fire district. 6.1.1 Manual Mowing Manual mowing involves using handheld power tools or trimmers in areas inaccessible to mowers, particularly areas where space is limited and where there are no access roads. Manual mowing is also typically conducted around trees, posts, fences, manholes, pipes, rocks and other Chapter 6. Vegetation Management Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 6-2 October 2020 objects that could cause damage to a mechanical mower. The need for manual mowing is determined based on the annual maintenance inspection completed by County staff. Typically, grasses are cut to a height of 3 to 6 inches, depending on conditions and potential for species. The County aims to complete manual mowing activities during the spring and early summer season (generally April to July 4) prior to the higher fire risk periods of the mid and later summer, though this work may extend through November as necessary. 6.1.2 Mechanized Mowing Mechanized mowing is performed within the County’s ROW and along access roads. This activity typically occurs in areas where there is sufficient space for mowers and larger equipment such as a flail mower attachment on an excavator or Bobcat. Other mowing equipment typically used include a skid steer, articulated boom, or tractor-mounted mower. Prior to mowing a particular area, the County conducts a series of safety checks and inspections to minimize fire hazards. The County typically mows a 50-foot area around their maintenance facilities. For example, the County checks fire weather predictions (www.weatherbug.com) for air temperature, humidity, and wind speeds. Typically, mechanized mowing occurs early in the day to minimize the chance of ignition and spread of wildfire. No mechanized mowing occurs during high fire hazard seasons (i.e., when the National Weather Service has issued a Red Flag Warning on Fire Weather Watch). Maintenance staff also inspect all equipment to ensure it is in working condition and ensures that the mower is free of flammable materials. Before mowing, maintenance staff inspect the area to be mowed for rocks and other objects that can produce a spark. Similar to manual mowing work, all grasses are cut down to a height of 3 to 6 inches. Mowing typically occurs throughout spring and early summer (April to July 4), though this activity may extend through November as necessary. Trimming and Pruning Trimming and pruning of trees and shrubs are routine activities necessary to provide access to the County’s facilities; improve visibility to inspect County facilities and while the facility is in use; protect infrastructure; reduce public safety hazards by providing adequate site distance along roads; and maintain the designed hydraulic capacity of the County’s channels. Both activities may include thinning the canopy of an individual tree or shrub. Trimming is generally conducted to maintain small shrubs. Pruning is the partial removal of any individual plant and includes cutting of tree branches, and woody and herbaceous vegetation. Both activities are conducted with either hand tools or mechanized equipment. In the top-of-bank area outside the channel (including the access road and adjacent above channel area), healthy mature native trees are only pruned if a limb is blocking the access road, hanging over a fence into a private yard, appears unbalanced or broken, to maintain appropriate spacing for access, or presents a potential hazard to other infrastructure (electricity lines, transportation visibility, etc.). Sufficient space is necessary to allow maintenance vehicles to use the road and to keep setbacks clear. Trimming and pruning work is conducted as necessary. Contra Costa County Routine Maintenance Manual Chapter 6. Vegetation Management Contra Costa County Public Works Department October 2020 6-3 6.2.1 Managing Emergent Aquatic Vegetation Cattails (Typha spp.) are commonly (but not necessarily) found in reaches with little to no riparian canopy. Cattails generally establish in low-gradient channels in areas of slow-moving or stagnant flow and where sediment drop out has occurred. Finer sediments naturally settle out in these locations, but further sedimentation is encouraged by cattails which trap sediment and further reduce flow velocities. Cattails are often the climax community (the final stage in ecological succession) developed in channels in need of sediment removal. When this growth expires at the end of the dry season, dead plant matter can settle and redirect flows to the opposite side of the channel, which can lead to bank erosion (in earthen channels) if not managed. Further, if not properly managed, as cattails die and decompose in the channel, the vegetation can clog culverts and inlet structures. Tules and bulrushes (Schoenoplectus spp.) follow a similar pattern. To prevent potential loss of capacity in flood control channels and sediment basins, the County trims cattails, tules, and other emergent vegetation from these facilities as necessary either mechanically or by hand tools (e.g., bladed weed eaters, swing blades or machetes) or through the spot application of aquatic herbicides (described further in Section 6.4 below).. In areas where trees do not prohibit access, other equipment, such as an excavator with a flail mower extension positioned at top-of-bank, may be used. Cattails and tules are typically cut 6 inches above the water line where possible. Typically, cut cattails and tules are removed from channels through use of a boom, winch, or by hand if necessary. In-channel vegetation trimming is limited to 500 linear feet in sediment basins and 4,100 linear feet in earthen channels. On occasion, the County may fully remove cattails or tules if necessary to maintain capacity. Cattail and tule mowing generally occurs between September 1 and November 30. Once work is completed, cut vegetation and debris are hauled to a suitable disposal site such as a green waste disposal facility. Tree Removal Trees may be removed if they significantly reduce channel capacity, create a flood risk, increase the erosion risk, create a significant flow obstruction, increase hydraulic roughness to an unacceptable level, are prone to falling, or present a public safety hazard to people (where publicly accessible) or adjacent structures. Trees may be removed when the situation cannot be addressed through pruning or limbing of specific branches. Discussion regarding removal of fallen trees is described below in Section 6.5, Fallen Tree Repositioning and Removal. The County’s maintenance staff, or an arborist retained by the County, will evaluate tree health, channel capacity, and potential hazard conditions and decide upon the proper course of action (e.g., thinning, pruning, or removal). A tree is considered a hazard if, in the professional judgment of the County’s maintenance staff or arborist, the tree has a high likelihood to fall within the coming year (due to storm, high wind, natural decay, or other causes) and the falling of that tree could pose a direct hazard to people, roads, or other infrastructure and County facilities. A tree may also be considered hazardous if it is creating a high fire risk. Chapter 6. Vegetation Management Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 6-4 October 2020 The rationale for removing a tree is based on the pre-maintenance survey described above. Trees that get removed are cut at ground level, and the root mass is left in place to maintain bank stability. In general, the County only removes trees greater than 6” diameter at breast height (dbh) if they pose a safety hazard. Per regulatory requirements described in the Program’s permits and authorizations, removal of non-native trees larger than 4 inches dbh and smaller than 24 inches dbh will be replaced at a 1:1 ratio. Removal of native riparian trees over 4 inches dbh and smaller than 24 inches dbh will be replaced at a ratio of 3:1 with native species. For removal of trees greater than 24 inches dbh, a mitigation plan will be prepared as part of the annual notification report to address how larger trees greater than 24 inches dbh would be mitigated if removed. Herbicide Application As of 2002, the Contra Costa County Public Works Department along with the Agriculture Department operate within the framework of the Integrated Pest Management (IPM) Policy which promotes the combined use of physical, cultural, biological and chemical control methods to effectively manage pests with minimal risk to humans and the environment. According to the County’s IPM Policy, pesticides are used only after monitoring indicates that they are needed in accordance with established guidelines. Treatments are then made with the goal of removing only target species. Consistent with the County’s IPM policy, the Maintenance Program uses an integrated approach of control methods including mechanical and biological (livestock) to manage vegetation in and around County facilities. Herbicides are used in conjunction with mowing methods, described above, and grazing methods, described below, to reduce fire hazards and to control vegetation growth where vegetation is in conflict with operation of County facilities. Herbicides are used on a site by site basis and only when necessary, such as when hand or mechanical methods are unsuccessful. Hand and mechanical methods are not always feasible as they can be expensive, labor intensive, not as effective, cause temporary water quality degradation, and result in delays in plant removal. Herbicides are used to control herbaceous vegetation including grasses and are especially critical for controlling growth of non-native and invasive plants. The County applies herbicides to control non-native and invasive plants in upland areas (vegetation growing along access roads and on the top of channel banks where contact with water is not anticipated). Herbicide application is also used on non-native and invasive emergent aquatic vegetation (plants that grow in the water but extend above the surface into the air). These activities are described further below. The County uses the least intrusive herbicide technique as feasibly possible determined on a case-by-case basis and will use the least concentrated formulation and amount to effectively control nuisance plants. Herbicide application is only performed by a certified pesticide applicator or trained pesticide applicator under direct supervision and in a manner consistent with a written Pest Control Adviser (PCA) recommendation and in accordance with California Department of Pesticide Regulation and label instructions and all federal, state, and local Contra Costa County Routine Maintenance Manual Chapter 6. Vegetation Management Contra Costa County Public Works Department October 2020 6-5 regulations. The written PCA recommendation takes into account habitat where special status species or their habitat are present by using sources that include the U.S. EPA Bulletins Live! Two webpage and review of applicable pesticide use injunction requirements that have been established for the protection of 26 species of listed salmon and steelhead, the California red- legged frog, and 11 species in the greater San Francisco Bay area. These injunctions require implementation of no-spray buffer zones around listed species habitats. Herbicide application is conducted when the climate is dry, wind is not above 5 miles per hour in accordance with directions on the label to avoid offsite drift, and no rain is forecasted for the next 24 hours. Table 6-1 summarizes the herbicide active ingredient, timing of application, frequency, example products, and annual application and concentration by typical application location to treat terrestrial vegetation and aquatic vegetation. Historically, the most commonly used herbicides in the County have been Round PROMAX, Roundup Custom, Garlon 3A, and Esplanade 200 SC. These herbicides are typically mixed with the other herbicides listed in Table 6-1, approved adjuvants (listed below), and surfactants. The County typically treats approximately 170 acres along access roads, 126 acres along channel banks (dry areas) and 76 acres of in-channel (aquatic) areas in an average year. The annual notification report will identify the anticipated herbicide application locations and the goals of herbicide application. The annual summary report will summarize the amounts and types of herbicides used. Table 6-1. Summary of Herbicides Used on Vegetation Type Typical Application Location Herbicide Active Ingredient1,2 Application Timing Application Frequency Example Product Annual Application/ Concentration Terrestrial Vegetation Access roads, channel banks, fence lines Glyphosate Winter, spring, summer 0-3 times/year Roundup PROMAX 1% (1 gallon/acre) Imazapyr 0-1 times/year Habitat 1% (1 gallon/ acre) Triclopyr TEA3 0-3 times/year Renovate 3, Garlon 3A Renovate 3: 0.5%- 0.75% (0.5- 0.75 gallon/acre) Garlon 3A: 0.5% (0.5 gallon/ acre) Aminopyralid Fall, winter, spring 0-3 times/year Milestone 5 ounces/acre Indaziflam Fall, winter 0-1 times/year Esplanade 200 SC 7 ounces/acre Prodiamine Fall, winter 0-1 times/year Resolute 65WG 1 pound/acre Aquatic Vegetation Glyphosate Summer, fall 0-2 times/year Roundup Custom 1% Chapter 6. Vegetation Management Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 6-6 October 2020 Channel banks, within channels, sensitive species habitat, basins (1 gallon/ acre) Triclopyr TEA Summer, fall 0-2 times/year Renovate 3, Garlon 3A Renovate 3: 0.5%- 0.75% (0.5- 0.75 gallon/acre) Garlon 3A: 0.5% (0.5 gallon/ acre) Imazamox Spring, summer, fall 0-2 times/year Clearcast 1% (1 gallon/ acre) Imazapyr Summer 0-2 times/year Habitat 1% (1 gallon/ acre) Table Notes: . 1 Applications may be made using a truck-mounted boom, handgun sprayer, or backpack sprayer. Site conditions including access, presence of special status species/habitat, application type, target pest, etc. may influence equipment choice. 2 Other herbicide active ingredients may be added to the revised permit. 3 Triclopyr TEA refers to the triethylamine salt of triclopyr. 6.4.1 Herbicide Application along Access Roads and on Channel Banks The County prepares a countywide vegetation control plan on a quarterly basis. This plan is subject to modification to account for seasonal variations and periodic inspection of access roads along County flood control channels. Herbicide application is conducted to control non- native or invasive vegetation. It is applied to manage pre-emergent and post-emergent vegetation along roads, roads and parcels adjacent to flood control access roads, channel banks above the top of bank along the dry side of the levee (i.e., where contact with water is not anticipated), and along fence lines. Targeted spot spraying (i.e., by handgun or truck sprayer) is the primary method of herbicide application along roads, parcels and roads adjacent to flood control access roads, and along channel banks above top of bank along the dry side of the levee. The County will use herbicides listed in Table 6-1 labeled for upland use. As shown in Table 6-1, application of herbicides to control terrestrial vegetation are applied at various times of the year (e.g., winter, spring, summer, or fall) depending on the active ingredient of the herbicide. Some herbicides are only applied 1 time a year and other may be applied up to 3 times per year. 6.4.2 Herbicide Application on Aquatic Vegetation The County uses IPM techniques, which include other control methods such as mechanical, when determining the need for application of aquatic herbicides. The County uses action thresholds to determine when herbicides are appropriate for controlling aquatic vegetation growth in County-maintained flood control channels below the top of bank or below the crown of a road. Typically, aquatic herbicide is used when vegetation impedes flow, decreases capacity, Contra Costa County Routine Maintenance Manual Chapter 6. Vegetation Management Contra Costa County Public Works Department October 2020 6-7 or creates a nuisance. Aquatic herbicide application is also conducted to control non-native or invasive aquatic species (e.g., cattails and Parrotfeather [Myriophyllum aquaticum]) to ensure sufficient flow conveyance capacity in channels and sediment basins. Aquatic herbicide application activities are typically applied once per year between the months of April and October with limited use between the months of December and February. The County will only use herbicide active ingredients approved for aquatic use listed in Table 6- 1. In addition, the County will only use adjuvants 1 that are registered and approved for aquatic use in California and Washington, including Agri-Dex, Brandt Magnify, Break-Thru SP 133, Bronc Max, Competitor, Cygnet Plus, Dyne-Amic, LI 700, Liberate, MSO Concentrate, Pro AMS Plus and Spreader 90, which are considered non-toxic to salmonids. The County will coordinate with NMFS to include new herbicides/adjuvants as they are released under the Maintenance Program as necessary. The County will not apply any herbicide that is not labeled for aquatic use directly to water. All aquatic herbicide application is conducted in compliance with the Statewide General NPDES [National Pollutant Discharge Elimination System] Permit for Residual Aquatic Pesticide Discharges from Algae and Aquatic Weed Control Applications (State Water Resources Control Board [SWRCB] Water Quality Order 2013-0002-DWQ; General NPDES Permit CAG990005). This permit covers aquatic discharges of herbicides containing 2,4-D, acrolein, copper, diquat, endothall, fluridone, glyphosate, imazamox, imazapyr, penoxsulam, sodium carbonate peroxyhydrate, and triclopyr-based algaecides and aquatic herbicides, and adjuvants containing ingredients represented by the surrogate nonylphenol. As required by the General NPDES Permit, the County conducts aquatic herbicide applications according to a state-approved Aquatic Pesticide Application Plan (APAP). A copy of the County’s APAP is included in Appendix F. Per permit conditions and the APAP, the County’s maintenance staff record the type of herbicide used and where it has been applied. Annual monitoring reports are submitted to the SWRCB and Regional Water Quality Control Boards (RWQCBs) to document aquatic herbicide application events, effectiveness of best management practices (BMPs), and monitoring data. Fallen Tree Repositioning and Removal When a tree falls in a County-maintained channel, the County evaluates site conditions to determine whether the tree can be maintained on-site as large woody material 2, particularly if the downed tree appears to be providing habitat, geomorphic or other channel stability benefits, and is not increasing the flood or erosion threat. The County evaluates site conditions to determine whether the fallen tree has the potential to significantly obstruct flows, deflect flows towards banks and cause increased erosion risk, is located on a levee or bank slope, or is 1 Adjuvants are a substance added in a herbicide formulation or added to the spray tank that increases the effectiveness of a herbicide. 2 Large woody material is defined as wood below the top of bank that has a diameter equal to or larger than 12 inches and 6 feet in depth. Chapter 6. Vegetation Management Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 6-8 October 2020 located near a channel crossing, culvert, or other facility that could potentially be affected by the tree being transported and deposited up against the feature or facility. Where feasible, the County will retain large woody material in open natural or earthen engineered creeks, particularly in Wildcat, Pinole, and San Pablo creeks to provide fish habitat, as long as flood conditions are not exacerbated and public safety is not at risk. The County also considers the feasibility of repositioning or modifying the fallen tree in channels in such a manner that public safety is not at risk, necessary conveyance capacity is maintained, the potential for bank erosion is not increased, and the potential for pinning of the tree against a feature or facility is not likely. Repositioning or modifying a fallen tree may include removing small branches or limbs that are obstructing flow and cutting the tree to 6 feet in length or less. These modifications help prevent the accumulation of debris and channel blockages, increased erosion, or damage to existing structures/facilities. Because many of the channels in the Program area are small and concrete-lined, retention of large woody material larger than 12- inches and 6 feet in length is not feasible as it would exacerbate flood conditions and obstruct flows. In the event that a fallen tree cannot be retained on-site as large woody material due to limits in channel capacity, hydraulic flow risks, potential flow diversion and bank erosion, or other potential hazards, then fallen trees may be removed. Fallen trees, trunk or limbs are cut off at the bed or bank invert with hand tools and removed with a winch and cable or other equipment operated from the top of bank. Root structures of fallen trees located along channel banks shall be left in place and not disturbed. In order to effectively manage large woody material in channels, the County will use a three tiered, multi-disciplined approach. The three tiers, listed in order of decreasing priority are: 1) retain large woody material in the channel, 2) modify large woody material (e.g., cut fallen tree into 6-foot-long segments and/or reorient) instead of removing it, 3) remove large woody material from the channel. Fallen tree repositioning and removal is conducted on an as-needed basis. In 2013, five maintenance projects addressed fallen trees in County channels. In the winter of 2017/2018, the County addressed 11 fallen tree incidents. At several of these sites, trees fell into the creek channel and were caught up against bridge pilings at road crossings. Removal of these trees was necessary to reduce structural hazard to the bridge, minimize scour beneath the bridge footings, and reduce the erosion and heightened flood risk associated with a downed tree blockage at a channel crossing. In other situations, fallen tree removal is needed where downed trees are observed to cause localized flooding and/or streambank instability issues. At the fallen tree sites, maintenance work involved cutting the fallen trees, removing and/or leaving some portions of the logs in the channel for habitat purposes. At most sites, the tree trunk base was left in place. Contra Costa County Routine Maintenance Manual Chapter 6. Vegetation Management Contra Costa County Public Works Department October 2020 6-9 Grazing Grazing is used to control vegetation growth and to reduce fire hazards along some County- maintained flood control facilities. Grazing uses goats and sheep to manage vegetation growth. Before this activity commences, a biologist evaluates the area to be grazed to identify sensitive resources. Vegetation to be preserved is protected with avoidance buffers or fences; grazing is excluded from active channels and other water sources. Once protective fencing or avoidance buffers have been installed, small herds are put on parcels for a set amount of time and are monitored closely. Livestock are then removed once the underbrush is grazed. Grazing is typically done in the spring and summer time prior to July 4 when vegetation is palatable to the grazing animals. All grazing activities are conducted in accordance with CAL FIRE standards. Grazing may be conducted as an alternative to mowing in some locations, where feasible. Invasive Plant Management Activities The County removes invasive plants, including trees, along County-maintained flood control facilities. Non-native tree removal (greater than six inches in dbh) occurs only if the tree is blocking flow or restricting the capacity of the channel. Methods used to remove invasive plants include a combination of hand removal, mechanical methods, and herbicide application. For discussion about herbicide use, see Section 6.4 above. Mechanical methods may involve use of a bladed weed-eater or an excavator with mower extension. Grazing may also be used in combination with herbicide use to control non-native growth along some County-maintained flood control facilities as long a special-status plant species are not present at the work site. Invasive plant material removed from the maintenance site will be bagged and appropriately disposed of in a landfill. Contra Costa County Public Works Department October 2020 7-1 Chapter 7 Maintenance Planning and Implementation Impact Avoidance, Minimization Measures, and Best Management Practices (BMPs) Introduction Contra Costa County’s (County’s) primary approach to planning maintenance work in a given year involves the following steps: 1. Monitoring and surveying of the County’s facilities to identify and track maintenance needs; 2. Evaluating site conditions to determine maintenance priority and urgency based on criteria (e.g., only conduct work when necessary); 3. Evaluating maintenance triggers based on site conditions; 4. Identifying maintenance methods for targeted areas; 5. Identifying applicable best management practices (BMPs) to reduce impacts; 6. Notifying regulatory agencies of work and obtain their approval if necessary; 7. Conducting maintenance work; 8. Reporting activities conducted to the regulatory agencies; and 9. Continuing the cycle of maintenance work monitoring/planning for the next year. This chapter focuses on potential maintenance activities that would be regulated by federal and state agencies. Minor routine maintenance activities that are not under the jurisdiction of United States Army Corps of Engineers (USACE), San Francisco Bay Regional Water Quality Control Board (SFBRWQCB), Central Valley Regional Water Quality Control Board (CVRWQCB), or California Department of Fish and Wildlife (CDFW) are not discussed herein. Specific maintenance activities that are not expected to be regulated by resource agencies include fence repairs, graffiti removal, debris and trash removal. As such, these activities are not described further in this chapter. As discussed in Chapter 1, the types of flood control channels that are included in the Contra Costa County Routine Maintenance Program (Maintenance Program or Program) include: concrete bed and bank channels, concrete bed and riprap bank channels, earthen bed and riprap bank channels, earthen bed and concrete bank channels, earthen bed and bank channels, concrete bed and earthen bank channels, and natural channels. Other facilities that are included in the Maintenance Program include:  Culverts with outfalls (typically corrugated metal pipe [CMP] or reinforced concrete pipe [RCP]) that convey flow directly to County-maintained creeks and/or channels  RCP or concrete box culverts at bridge and road crossings  Sediment basins  Channel access roads and ramps - Dams Chapter 7. Maintenance Planning and Implementation Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 7-2 October 2020 - Flap gates - Subdrains - Trash racks - Storm drain outlets Maintenance Triggers Maintenance activities are conducted only when determined to be necessary by exceeding the maintenance triggers identified below. On an annual basis, the County will conduct site inspections to evaluate maintenance needs. The triggers described below will be used by County staff during annual inspections and site evaluations to identify which sites have exceeded the thresholds identified by the triggers. The County will then prioritize maintenance activities according to the degree in which the identified site exceeds the maintenance triggers. Sites that exceed the triggers in a greater or more intense manner will be identified as higher priorities. This Section describes observed conditions that would trigger the need for maintenance work. The discussion below is organized by facility type. 7.2.1 Culvert Maintenance Triggers The following maintenance criteria are applied to evaluate and determine when maintenance actions are required at culverts: 1. Flushing of Culverts: This work is necessary when culverts (typically CMP or RCP) are clogged with sediment and debris such that capacity is significantly reduced or constricted by at least 30 percent. If such conditions exist, the culverts are manually cleared by hand and then flushed with water. 2. Sediment Removal from Concrete Box Culverts: This work is necessary when sediment volume has reduced the capacity of concrete box culverts (typically at bridge and road crossings) by at least 30 percent. The County will conduct the minimum amount of work necessary to maintain the design flow conveyance objectives. Work may require use of a walk-behind loader to move sediment to the end of the culvert, followed by use of an excavator to lift the sediment out of the channel and place it in a dump truck for off- hauling. 3. Existing Culvert Repair or Replacement: This work is necessary when an existing culvert (CMP or RCP) has been crushed or otherwise damaged and cannot operate properly, improperly sized, or has been positioned (situated) incorrectly such that the culvert cannot function properly and/or in relation to conveyance. This work may also be needed to replace aging and deteriorating culverts. A culvert repair or replacement project may be prioritized based on factors such as whether the damaged culvert is causing other adverse effects like roadway flooding, increased erosion downstream of a culvert, undermining a streambank or causing erosion, or contributing large amounts of sediment to downstream channels. Contra Costa County Routine Maintenance Manual Chapter 7. Maintenance Planning and Implementation Contra Costa County Public Works Department October 2020 7-3 7.2.2 Channel Maintenance Triggers The County maintains engineered flood control channels that are earthen and concrete-lined. Some channels consist of earthen banks with concrete bottoms. Maintenance activities within these channels are routine and only conducted when determined to be necessary by exceeding the maintenance triggers identified below. The following maintenance criteria are applied to evaluate and determine when maintenance actions are required at channels: 1. Sediment Removal: This work is necessary when accumulated sediment has reduced channel capacity or diminished available freeboard such that there is a risk of flooding; or when localized sediment accumulation has the potential to divert flows and thereby result in erosion damage downstream. To assess the sediment removal needs at a specific location, the County will visit and photograph the site as part of the Annual Notification process and prepare (or update) a resource characterization assessment of the site (refer to Appendix D). The resource characterization assessments document the sites’ location information, reach setting, physical conditions (including the site’s geomorphic, hydraulic, and hydrologic conditions), biological conditions, and maintenance needs. The County will also conduct field measurements to determine where accumulated sediment reduces flow conveyance capacity below design levels and estimate the quantity of accumulated sediment. The County will also review the as-built designs and current available information to determine the designed capacity and flow conditions of the channel and evaluate if the amount of sediment deposition exceeds the allowable amount for that channel reach. Under the Maintenance Program, the County will identify flood control objectives, develop quantifiable parameters to support future work, and develop a rating system that indicates flood risk per channel reach. In the Annual Notification Report, the County will provide justification for sediment removal in regard to flood risk. This framework may be updated as necessary. Below are maintenance triggers per channel type. a. Concrete Channels: Concrete channels are designed to convey the designed flow capacity. Any reduction in the design capacity or freeboard of a channel would be a flood risk and conflict with the County’s responsibility and hydrology standards. Thus, sediment removal activities are necessary when accumulated sediment has resulted in any reduction in the design capacity flow or freeboard based on visual observations and/or field measurements and review of as-built designs. b. Engineered Earthen Channels: Engineered earthen channels are designed to convey the designed flow capacity. Any reduction in the design capacity or freeboard of a channel would be a flood risk and conflict with the County’s responsibility and hydrology standards. Thus, sediment removal activities are necessary when accumulated sediment has resulted in any reduction in the design capacity flow or freeboard based on visual observations and/or field measurements and review of as-built designs. c. Natural Channels: Unlike concrete and engineered earthen channels, natural channels are largely un-engineered and may be able to accommodate some Chapter 7. Maintenance Planning and Implementation Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 7-4 October 2020 sediment deposition on the channel bed while still providing flood protection. The County will evaluate the possibility of leaving some sediment on the channel bed based on field measurements and review of as-built designs. 2. Spalling and Sealing of Concrete Channels: This repair work is only necessary when cracks are observed in the concrete bed and banks of flood control channels. 3. Erosion Protection. Where minor erosion is evident (e.g., cracks along banks, small rivulets, etc.) (typically along earthen banks), this temporary repair work is necessary to control erosion and to prevent additional sediment input to the channel during maintenance work. 7.2.3 Sediment Basin Maintenance Triggers Sediment basin maintenance activities are conducted only when determined to be necessary. The following maintenance criteria are applied to evaluate and determine when maintenance actions are required at sediment basins: 1. Sediment Removal: This work is conducted when there is a reduction in the design capacity of the basin so that overtopping of the basin or flooding could occur. Similar to the maintenance triggers described above for sediment removal in channels, the County will evaluate the reduction in design capacity of the accumulated sediment through visual observations and/or field measurements as well as review of as-built designs to determine if the amount of sediment deposition exceeds the allowable amount for that sediment basin. In the Annual Notification Report, the County will provide justification for sediment removal. 2. Cattail Removal: This activity is typically conducted when the sediment basin’s surface area is covered with cattails and basin capacity has been significantly reduced. 7.2.4 Access Road and Ramp Maintenance Triggers Access road and ramp maintenance activities are conducted when existing earthen roads or ramps have eroded or when ruts and rivulets have formed in roadways and restrict vehicular passage or is causing additional erosion. When these situations occur, the County will conduct road maintenance activities to backfill observed rills or ruts and will grade the road top surface. Depending on the conditions of the roads, the County may need to add rock or gravel or in some instances and may need to re-compact the road or access ramp. 7.2.5 Vegetation Management Triggers Vegetation management activities are conducted only when determined necessary. The following maintenance criteria are applied to evaluate and determine when vegetation management activities are required: 1. Manual and Mechanized Mowing: This work is conducted as mandated by fire protection agencies like California Department of Forestry and Fire Protection (CAL FIRE) and local fire districts to reduce fire hazards and public safety hazards. Contra Costa County Routine Maintenance Manual Chapter 7. Maintenance Planning and Implementation Contra Costa County Public Works Department October 2020 7-5 2. Cattail and Aquatic Vegetation Removal: This work is necessary when cattail, tule, or other emergent or invasive aquatic vegetation growth has caused a loss of design capacity or flow in flood control channels and sediment basins such that there is an increase in flood risk or reduction in available freeboard. To assess vegetation removal needs at a specific location, the County will conduct a site visit and prepare (or update) a resource characterization assessment of the site (refer to Appendix D). The resource characterization assessments document the sites’ location information, reach setting, physical conditions, biological conditions, and maintenance needs. Under the Maintenance Program, the County will develop site-specific target roughness conditions that tie to the performance of the channel per channel reach. If such conditions are observed, the County removes cattails and other vegetation either mechanically or through application of herbicides. This framework may be updated as necessary. Below are maintenance triggers per channel type. a. Concrete Channels: Because concrete channels are designed to convey the designed flow capacity, any reduction in the design capacity or freeboard would be a flood risk and conflict with the County’s responsibility and hydrology standards. Thus, aquatic vegetation removal is necessary when vegetation has resulted in any reduction in the design capacity flow or freeboard. b. Engineered Earthen Channels: Because concrete channels are designed to convey the designed flow capacity, any reduction in the design capacity or freeboard would be a flood risk and conflict with the County’s responsibility and hydrology standards. Thus, aquatic vegetation removal is necessary when vegetation has resulted in any reduction in the design capacity flow or freeboard. c. Natural Channels: Unlike concrete and engineered earthen channels, natural channels are largely un-engineered and may be able to accommodate some channel roughness while still providing flood protection. Where feasible, the County will look for opportunities to maintain aquatic vegetation. d. Sediment Basins: Sediment basins provide flood protection. This work is conducted when capacity in the basin is reduced to the extent that overtopping of the basin or flooding could occur. The County will look for opportunities to maintain vegetation surrounding basins to provide shade and prevent rushes and weeds from growing. 3. Tree Removal: This activity is necessary when the County’s maintenance staff or professional arborist has determined that a tree is either prone to falling or presents a potential safety hazard (considerable risk of tree falling within one year) to people or nearby structures like a trail or fence, or is creating a high fire risk. A healthy, mature tree may also be removed if tree is creating a specific flow hazard or unacceptably high hydraulic roughness in the channel and the situation cannot be fixed by limbing or pruning. Chapter 7. Maintenance Planning and Implementation Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 7-6 October 2020 4. Herbicide Application: Herbicide application along access roads and channel banks occurs at the following times: springtime to control growth of broadleaf vegetation, fall and winter season between December and February to control pre-emergent vegetation, and on an as-needed basis to control post-emergent vegetation growth. 5. Fallen Tree Repositioning and Removal: Fallen tree repositioning is conducted if the fallen tree within a channel can be repositioned such that the downed tree would not pose a public safety, significantly affect necessary conveyance capacity, or result in downstream bank erosion. If such conditions are present, then the County will evaluate the opportunity to reposition the downed tree in-channel to serve as large woody material. Fallen tree removal is conducted if it is determined that the tree would significantly limit channel capacity or if the tree would create unacceptably high hydraulic roughness in the channel, or if the downed tree would divert flows in such a way to be erosive or increase the flooding risk. 6. Grazing: Goat and sheep grazing typically occurs along County-maintained flood control facilities (e.g., detention basins and along channels/maintenance roads) to manage vegetation growth. This activity is typically conducted in high fire risk areas, where access is difficult, and in some sensitive habitat areas with the use of fences and avoidance buffers to avoid sensitive resources. All grazing work is conducted in accordance with current CAL FIRE standards. 7. Invasive Plant Management Activities: This work is conducted on an as-needed basis to control growth of invasive species or when non-native trees have fallen and are blocking flow or restricting channel capacity. 7.2.6 Minor Maintenance Activities Minor routine maintenance activities are conducted only when determined necessary. The following maintenance criteria are applied to evaluate and determine when minor maintenance activities are required: 1. Trash Rack Maintenance: Trash rack clearing is necessary when a substantial volume of trash has accumulated such that flows are backing up from the rack and drainage and conveyance is impeded. Trash racks will be inspected at least once per year and in high trash generation areas, will be inspected at least two times per year. If the track rack is plugged or is greater than 50 percent full of trash, the maintenance frequency should be increased so that the trash rack is neither plugged or half full of trash at the next significant flow event. Spot removal of large heavy items such as shopping carts, mattresses, televisions, or tires occurs on an as-needed basis when such items are found in the channel. 2. Rodent Control: Filling in burrows occurs when open burrows are observed on the County’s flood control facility including dams and levees. County flood control facilities are visually inspected on a regular basis to ensure their structural integrity is maintained. If there is suitable habitat present for special-status species (e.g., California red-legged frog, California tiger salamander or burrowing owl), pre-construction surveys Contra Costa County Routine Maintenance Manual Chapter 7. Maintenance Planning and Implementation Contra Costa County Public Works Department October 2020 7-7 described in Table 7-2 are implemented for sites in West and Central County or best management practices and avoidance and minimization measures identified in the Habitat Conservation Plan/ Natural Community Conservation Plan HCP/NCCP are implemented for sites in East County 3. Subdrain Vaults: Subdrain vaults are cleared when the accumulation of silt, gravel, rock or other material significantly fills the vault by over 30 percent. 4. Flap Gate Servicing: Debris clearing occurs at these facilities when debris accumulations is observed behind a flap gate, such that the proper operation of the flap gate cannot occur and the gates ability to convey flows freely is impeded. Environmental Commitments As described previously in Chapter 1, prior to conducting maintenance activities at a given site, the County performs a habitat assessment consistent with guidelines established in the County’s Routine Maintenance Agreement (RMA) issued from CDFW. The County assesses site conditions on the ground to determine whether the site is likely to support special-status species and also refers to the current California Natural Diversity Database (CNDDB) occurrences map. In the event that maintenance work is scheduled to occur in a highly sensitive location, the maintenance team will retain a biologist to assess the site. The timing of maintenance work is dependent upon the type of maintenance activity. Table 7-1 lists the maintenance activity and time period of when that type of activity would occur. Table 7-1. Timing Period per Maintenance Activity Maintenance Activity Time Period of Maintenance Work Culvert Repair/Replacement June 15 to October 31 * Sediment and Debris Removal June 15 to October 15* Access Road and Ramp Maintenance As needed Erosion Protection. Treatments may include the installation of temporary low-impact fixes such as installation of revetment fencing, erosion protection blankets, coir cloth, straw wattles, and tarping. Between June 15 and October 15, where minor erosion is evident along channel banks and require some stabilization measures* Minor Maintenance (i.e., concrete channel repair, trash rack maintenance, rodent control, dam site maintenance, and small structure maintenance) Typically, during the dry season (June 15 to October 15); however, could occur during the wet season if structures are clogged* Mowing April to July 4, may extend through November as necessary Trimming and Pruning, Tree Removal, and Fallen Tree Repositioning and Removal As needed, case-by-case basis Chapter 7. Maintenance Planning and Implementation Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 7-8 October 2020 Maintenance Activity Time Period of Maintenance Work Cattail Removal September 1 to November 30 Herbicide Application Upland Areas: Herbicide use is limited to when the climate is dry, no rain is forecasted for the next 24 hours, and the wind is not above 5 miles per hour Aquatic Areas: Herbicide use would occur primarily between April and October with limited use between December and February. Grazing April to July 4 *Note - The County may request to conduct work activities at an earlier date based on a case by case request and review and approval by authorizing agencies. The following additional environmental commitments are implemented to avoid impacts resulting from maintenance activities:  The County does not conduct maintenance activities at the mouth of any creeks, within 500 feet of where creeks meet San Pablo Bay or Carquinez Strait.  All construction staging of equipment and materials occurs at the top of bank, or beyond the top of bank; no staging occurs in the channel itself.  For areas that are not covered by the HCP/NCCP (i.e., West and Central County), the County’s Routine Maintenance Program would not include any Tier 3 activities (i.e., activities located in sensitive habitats where special-status species are known to occur, where pre-construction surveys cannot effectively determine the presence or absence of the species, or if there is risk of take). Any Tier 3 activities located in West and Central County (i.e., outside the limits of the HCP/NCCP) would be permitted individually and separately outside of the Maintenance Program. Impact Avoidance and Minimization Measures and Work Limits The following measures are implemented to avoid and minimize impacts resulting from maintenance activities conducted at County facilities described above. 7.4.1 Impact Avoidance and Minimization Measures Culverts and Channel Maintenance The following construction methods are employed to minimize impacts resulting from maintenance activities associated with culverts and channels:  Conduct culvert repair and replacement activities between April 15 and October 31 when surface water levels are low or absent. If suitable breeding habitat is present, work would be rescheduled for after June 15 to avoid breeding season. Contra Costa County Routine Maintenance Manual Chapter 7. Maintenance Planning and Implementation Contra Costa County Public Works Department October 2020 7-9  If water is present in the channel, conduct dewatering to minimize water quality impacts during culvert repair and replacement activities.  Conduct work from the top-of-bank to the extent feasible.  Apply seeding or erosion fabric on exposed earthen channel banks after completing culvert repair or replacement activities at a given site.  Install silt fencing, silt curtain, or some other sediment capture device downstream of the channel work area to reduce and limit turbidity effects of culvert and sediment removal activities.  Culvert repair or replacements occurring at road crossing box culverts in salmonid habitat within Wildcat, San Pablo, and Pinole creeks (refer to Figure 5-1) will conform with the NMFS Guidelines for Salmonid Passage at Stream Crossings (September 2019) to accommodate fish passage. Culvert designs in these locations shall be submitted to NMFS for review and approval at least 120 days in advance of construction. The RWQCB will also be notified at the same time.  Each culvert design will consider site specific conditions including slope and size, and evaluate the necessary capacity needed for the culvert based on the drainage area, estimated rainfall and runoff, and past observations or collected data (if available) regarding runoff at the culvert site. The design will also consider surrounding parcel ownership information, access to the site, and cost of alternative design options to ensure that the least impactful deign option is selected and that the culvert is sized adequately. Where feasible, culverts will be designed to accommodate the 100-year flow. The following measures are implemented to minimize impacts resulting from maintenance activities conducted at culverts and channels:  Implementation of BMPs GEN-1 through GEN-12 are applicable to maintenance work at culverts.  Implementation of BMP GEN-12 may be applicable if channel dewatering is required to conduct the maintenance work.  BMPs BIO-1 through BIO-12 will be implemented to ensure protection of special-status species and habitats used by special-status species. Table 7-2 is used in conjunction with Tables 7-3 and 7-4 to determine the appropriate measures to implement for a specific maintenance site and habitat present.  BMPs CUL-1 through CUL-6 identifies BMPs to be applied based on the potential presence of cultural resources. Vegetation Management The following construction methods are employed to minimize potential impacts resulting from vegetation management activities: Chapter 7. Maintenance Planning and Implementation Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 7-10 October 2020  Check weather predictions for air temperature, humidity, and wind speeds prior to mowing activities. Mowing will not commence or shall cease if the following conditions are present: (1) ambient air temperature exceeds 80 degrees Fahrenheit, (2) the relative humidity is at 30 percent or lower, or (3) wind speeds reach 10 miles per hour or higher.  Prior to commencing mowing activities, inspect the area to be mowed for rocks and other objects that can produce a spark and cause a fire hazard.  Conduct herbicide application only when weather is dry, wind is not above 5 mph, and no rain is in the forecast for the next 24 hours.  Cattail removal or trimming work is conducted between September 1 and November 30 to minimize spring growth.  Where grazing occurs, fencing is used to exclude areas such as active channels, other water sources, and areas with special-status plants. The following measures are implemented to avoid and minimize impacts resulting from vegetation management activities:  BMP GEN-2 minimizes the area of disturbance necessary to complete maintenance work including vegetation removal.  Tables 7-3 and 7-4 at the end of this chapter identify sensitive species that may be present at routine maintenance sites and the applicable BMPs to be implemented to protect those species and habitats. These may include pre-construction surveys for selected species including: California red-legged frogs (BMP BIO-3), bats (BMP BIO-4), San Francisco dusky-footed woodrat (BIO-5), California tiger salamander (BMP BIO-6), western burrowing owl (BMP BIO-7), western pond turtle (BMP BIO-8), Alameda whipsnake (BMP BIO-10), and San Francisco giant garter snake (BMP BIO-11). If these resources are detected, they would be avoided if practicable (i.e., San Francisco dusky- footed woodrat nests) or construction activities would be halted and U.S. Fish and Wildlife Service (USFWS) and CDFW would be contacted for further guidance on how to proceed (i.e., western pond turtles, and woodrat nests that cannot be avoided). 7.4.2 Work Length and Size Limits The County developed work limits for maintenance activities in order to reduce the overall amount of impacts. These work limits ensure that any potential impacts associated with maintenance work are minimized. • Culvert Repair/Replacement. Typically, each site will be between 25 to 60 feet in length and will be limited to 150 feet in length per site (a rare occurrence) and 1,500 feet in length annually for all culvert repair/replacement projects. Most culvert repair/replacements will be limited to 48-inch pipe size diameter culverts or smaller to convey adequate flow (i.e., 100-year flow where feasible). For larger culvert repair/replacements greater than 48-inches in diameter, the County will consult with regulatory agencies on a case-by-case basis. Contra Costa County Routine Maintenance Manual Chapter 7. Maintenance Planning and Implementation Contra Costa County Public Works Department October 2020 7-11 • Sediment Removal around Bridges, Culverts, Storm Drain Outlets, Trash Racks, and other Trash Capture Devices, and Water Diversion Inlets. Work activities will be limited to 100 cubic yards affecting up to 100 LF in natural channels and 200 LF in engineered earthen and concrete channels. • Sediment Removal in Channels (natural, engineered and concrete-lined): Limits for sediment removal activities in natural, engineered earthen, and concrete-lined channels is included below (refer to Table 5-1 in Chapter 5). The County will conduct localized and targeted sediment removal to minimize the footprint. Dewatering limits would not exceed sediment removal limits for channels. o Natural Channels: Sediment removal work in natural channels will be limited to 100 LF per channel reach and 1,000 LF per stream. The volume of sediment removed from natural channels will be limited to 400 cubic yards per reach. o Engineered Earthen Channels: Sediment removal work in engineered earthen channels will be limited to 250 LF per channel reach and 2,500 LF per stream. The volume of sediment removed from engineered earthen channels will be limited to 800 cubic yards per reach. o Concrete Channels: Sediment removal work in concrete channels will be limited to 1,000 LF per channel reach and 5,000 LF per stream. The volume of sediment removed from concrete channels will be limited to 1,500 cubic yards per reach. • Sediment Removal in Sediment Basins. Sediment removal in basins will be limited to 500 cubic yards per site and 800 cubic yards annually for all sediment removal work in basins. The work area per site will not exceed 4,000 square feet. • Debris and Trash Removal. This work would be limited to removal of non-sedimentary materials in channels, ditches, basins, and other facilities that is impairing hydraulic conditions or reducing flood channel conveyance capacity. • Access Ramp Maintenance. This activity involves grading and/or resurfacing access ramps that extend approximately half-way down the channel bank. This activity will be limited to 500 linear feet total each year. • Erosion Protection. These activities will be limited to minor erosion control treatments by installing low-impact erosion protection treatments (e.g., revetment fencing, straw wattles, coir cloth, and tarping) along earthen channel banks. Preference is given to biotechnical treatments. Typically, each site will be between 60 to 80 feet in length and will be limited to 150 linear feet in length per site and 750 feet in length annually. These activities are temporary and any non-degradable materials would be removed once maintenance work is complete. • Concrete Channel Repair. This activity is limited to minor patching and repair of concrete channel walls and beds. Chapter 7. Maintenance Planning and Implementation Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 7-12 October 2020 • Trash Rack Maintenance. This work would be limited to minor debris and trash removal from trash racks to ensure flows are not backing up from the rack and drainage and conveyance is not impeded. • Rodent Control. This work is limited to filling in open burrows along flood control facilities. • Dam Site Maintenance. This work is limited to debris removal, earthen rep, mowing, access road grading, burrow control, and trash rack maintenance along dams. • Small Structures. This work is limited to minor removal of accumulated sediment and debris to maintain proper operation of these facilities. • Vegetation Management. Vegetation management activities (e.g., mowing, trimming, pruning, and fuel management) are generally limited to the County’s right of way, along access roads and along channel bank slope areas and sediment basins. Herbicide use is limited to controlling non-native and invasive plants in upland areas (vegetation growing along access roads and on the top of channel banks) and on non-native and invasive emergent aquatic vegetation in channels and sediment basins. Aquatic vegetation trimming (i.e., cattails) is limited to 500 linear feet within sediment basins and 4,100 linear feet in earthen channels. • Fallen Tree Management. This work occurs when a fallen tree is significantly decreasing channel capacity or obstructing or deflecting streamflow causing bank erosion (particularly where infrastructure or adjacent properties are at risk), or other potential hazards. The County considers these factors when determining whether a fallen tree should be preserved, repositioned, or removed from the site. Best Management Practices The general maintenance measures in Table 7-2 below apply generally to all maintenance practices. BMPs tailored for specific maintenance activities are also identified. Table 7-2 identifies BMPs that are implemented for specific biological resources and habitat protection as appropriate to the maintenance site. BMPs listed at the end of Table 7-2 are implemented for cultural resource protection as appropriate to the maintenance site. In addition, for Tier 3 maintenance activities that would occur in East County, the County would comply with conservation measures outlined in Chapter 6 of the HCP/NCCP (Appendix C). Table 7-3 identifies the sensitive species potentially present in maintenance areas within sensitive habitat types. Table 7-4 is a crosswalk table that correlates the appropriate biological resource protection BMP measures with the sensitive species that may be present. Contra Costa County Channel Maintenance Program Manual Chapter 7. Maintenance Planning and Implementation Contra Costa County Public Works Department 7-13 October 2020 Table 7-2. Maintenance Program Best Management Practices BMP Number BMP Title BMP Description General Maintenance Practices: These BMPs will be implemented by the maintenance crew, as appropriate and as overseen by site managers. The majority of these BMPs are implemented prior to and during sediment removal operations, though the level of activity varies depending on the specific work site. GEN-1 Work Windows  Ground-disturbing maintenance activities occurring in the channel will generally occur between June 15 and October 31 to minimize adverse impacts to biological resources and water quality.  All maintenance work in an area with potential special-status species habitat will take place between June 15 and October 15.  Installation of erosion control BMPs (GEN-4) will be completed prior to the onset of a storm event (0.5-inches in 24 hours) predicted by 72-hour weather forecasts from the National Weather Service. All equipment will be removed from the channel at least 12 hours before such an event occurs. If an unanticipated storm event occurs, the County site manager will inspect all sites prior to initiating any sediment removal activities.  In accordance with the Contra Costa County General Plan, outside of mitigating a hazardous condition maintenance activities will be conducted between the hours of 8:00 a.m. and 5:00 p.m. Work hours will comply with applicable local noise requirements. GEN-2 Minimize the Area of Disturbance To minimize impacts to natural resources, soil disturbance will be kept to the minimum footprint necessary to complete the sediment removal work. GEN-3 Channel Access  County personnel will use existing access ramps and roads to the extent feasible to access the maintenance sites.  If possible, maintenance activities, such as culvert or trash rack clearing, will be conducted from the top of the bank. GEN-4 Erosion and Sediment Control Measures  If needed, erosion control fabrics will consist of natural fibers that will biodegrade over time. No plastic or other non- porous material will be used as part of a permanent erosion control approach.  Erosion control BMPs, such as silt fences, straw hay bales, gravel or rock lined ditches, water check bars, and broadcasted straw shall be used. Erosion control BMPs shall be monitored during and after each storm event for effectiveness. Modifications, repairs and improvements to erosion control BMPs shall be made as needed to protect water quality. At no time shall silt laden runoff be allowed to enter the stream or directed to where it may enter the stream. GEN-5 Staging and Stockpiling of Materials  To the extent feasible, staging will occur on existing access roads, surface streets, or other disturbed areas that are already compacted and only support ruderal vegetation. Similarly, all maintenance equipment and materials will be contained within the existing service roads, paved roads, or other pre-determined staging areas. Staging areas for equipment, personnel, vehicle parking, and material storage will be sited as far as possible from major roadways.  Building materials and other maintenance-related materials, including chemicals and sediment, will not be stockpiled or stored where they could spill into water bodies or storm drains. Chapter 7. Maintenance Planning and Implementation Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 7-14 October 2020 BMP Number BMP Title BMP Description  No runoff from the staging areas may be allowed to enter water ways, including the creek channel or storm drains, without being subjected to adequate filtration (e.g., vegetated buffer, hay wattles or bales, silt screens). The discharge of decant water to water ways from any on-site temporary sediment stockpile or storage areas is prohibited. GEN-6 On-Site Hazardous Materials Management Any hazardous or toxic materials that could be deleterious to aquatic life shall be contained in watertight containers or removed from the project site. These materials shall be prevented from contaminating the soil and/or entering the waters of the State. Any such materials, placed within or where they may enter a stream or lake shall be removed immediately. BMPs shall be employed to accomplish these requirements. GEN-7 Existing Hazardous Materials If hazardous materials, such as oil, batteries or paint cans, are encountered at the maintenance sites, the County will carefully remove and dispose of them according to the County Watershed Program’s Spill Response Flowchart. County staff will wear proper protective gear and store the waste in appropriate hazardous waste containers until it can be disposed at a hazardous waste facility. GEN-8 Spill Prevention The County will prevent the accidental release of chemicals, fuels, lubricants, herbicides and non-storm drainage water into channels following these measures: 1. County field personnel will be appropriately trained in spill prevention, hazardous material control, and cleanup of accidental spills. 2. County field personnel responsible for applying herbicides will regularly check and maintain application equipment to identify and minimize the likelihood of leaks developing or failure that could lead to a spill. If possible, aquatic herbicides will be mixed and loaded in the County’s yard before leaving for the application site(s). 3. Equipment and materials for cleanup of spills will be available on site and spills and leaks will be cleaned up immediately and disposed of according to guidelines stated in the County Watershed Program’s Spill Response Flowchart. 4. Field personnel will ensure that hazardous materials are properly handled and natural resources are protected by all reasonable means. 5. Spill prevention kits will always be in close proximity when using hazardous materials (e.g., at crew trucks and other logical locations). All field personnel will be advised of these locations. 6. County staff will routinely inspect the work site to verify that spill prevention and response measures are properly implemented and maintained. GEN-9 Spill Response In the event of a spill, the County Watershed Program’s spill response measures (summarized below) shall be implemented. Contra Costa County Routine Maintenance Manual Chapter 7. Maintenance Planning and Implementation Contra Costa County Public Works Department October 2020 7-15 BMP Number BMP Title BMP Description  For small spills on impervious surfaces (e.g., latex paint, household products, automotive fluids, grease), absorbent materials will be used to remove the spill, rather than hosing it down with water. For small spills on pervious surfaces such as soil, the spill will be excavated and properly disposed rather than burying it. Absorbent materials will be collected and disposed of properly and promptly. Smaller spills may be handled by the Contra Costa County Public Works Department (Department).  In the event of a larger spill, first responders (law enforcement, the local fire department) shall be contacted by dialing 911. The County Watershed Program should also be contacted. During normal working hours, the County may also contact 1-800-No-Dumping to reach the appropriate staff person. If the spill consists of an unidentified material, occurs in a multi-jurisdictional area, entering a storm drain or creek, and/or may result in a public health or environmental impact, the spill is considered hazardous and the Contra Costa County Health Services-Hazardous Materials Program (Contra Costa HazMat) should be contacted. If the spill is non-hazardous, the following measures shall be implemented: 1. Containment. Access to storm drains or waterways should be blocked through use of sandbags, berms, dams or booms. The source of the spill shall be stopped and the spread of the liquid should be controlled through use of absorbents, booms, absorbent socks, mats. 2. Clean Up. Dry materials should be scooped and swept up immediately and placed in an container. Liquid spills should be absorbed using rags, loose absorbents (i.e., kitty litter), mats, or pillows. Wash water must not enter the storm drain. If spill occurs during a rainy event, a berm should be placed around the impacted area and covered if possible to minimize or avoid contaminated runoff. 3. Disposal. Contaminated materials should be placed in a labeled waste container and be delivered to a Hazardous Waste Facility or recycled by a certified collection agency. 4. Notification. The County shall notify California Governor’s Office of Environmental Services (Cal OES) to ensure proper notification of the incident to appropriate agencies 5. Documentation. The County shall complete a standard spill response form and submit it to the County’s stormwater manager. If the spill is hazardous, the following measures will be implemented: 1. First Response. Law enforcement is typically the first responder to the incident and the local fire department will perform the initial containment of spill materials. The Department may assist in containment and/or traffic control until relieved. 2. Hazard Assessment. The Contra Costa County HazMat staff person will identify the substance, determine the responsible party for clean-up and assess the public/environmental threat. 3. Containment/Clean-up/Disposal. Contra Costa County HazMat staff will direct the cleanup and handling of spill material in accordance with local, state and federal regulations. Chapter 7. Maintenance Planning and Implementation Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 7-16 October 2020 BMP Number BMP Title BMP Description 4. Follow-up Notification. Once completed, the responsible party shall notify the California Governor’s Office of Environmental Services (Cal OES), which will trigger automatic notices to appropriate state and local agencies. 5. Documentation. All responding agencies (fire department, law enforcement, and Contra Costa County HazMat) will document the incident. 6. Enforcement. Depending on the severity of the spill, the Contra Costa County HazMat staff person may use enforcement tools such as education, warning notice, and cost recovery fine. Law enforcement may issue a citation/ticket. 7. Follow-up. The County’s stormwater department will obtain a copy of the incident report and use in the National Pollutant Discharge Elimination System (NPDES) Annual Report to the Regional Water Quality Control Board (RWQCB). GEN-10 Vehicle and Equipment Maintenance Any equipment or vehicles driven and/or operated in proximity of the stream shall be maintained in good working order to prevent the release of contaminants that if introduced to water could be deleterious to aquatic life, wildlife, or riparian habitat. Staging and storage areas for equipment, materials, fuels, lubricants and solvents shall be located outside of the stream channel and banks. Stationary equipment such as motors, pumps, generators, compressors and welders, located adjacent to the stream, shall be positioned over drip-pans. Any equipment or vehicles driven and/or operated in proximity to the stream must be checked and maintained daily. Vehicles must be moved away from the stream prior to refueling and lubrication. GEN-11 Vehicle and Equipment Fueling 1. With the exception of concrete channels, no fueling will be done in the channel. 2. Within concrete channels, fueling may only be conducted if pumps are placed on a dry part of the channel. Pumps must also be equipped with secondary containment. 3. All off-site fueling sites (i.e., on access roads above the top-of-bank) will be equipped with secondary containment and avoid a direct connection to soil, surface water, or the storm drainage system. GEN-12 Flow Diversions and Dewatering Measures For other channels, if water is present in the stream channel during the maintenance work period, and work requires that equipment be used in the channel, a flow diversion structure will be necessary to protect water quality. A cofferdam or water bladder system will be used when necessary to fully dewater a portion of the channel. Coffer dam and water bladder systems include installation of upstream and downstream, flow barriers and a bypass pipe to convey stream flows around the work area. Water may pool at the upstream and downstream end of the flow diversion structure; however, these pools will be small in size and cease once dewatering activities are complete to reduce standing water and potential mosquito breeding at these sites. Silt curtains may be used for smaller work areas where full dewatering of the channel is not necessary to prevent water quality impacts. Silt curtains are suspended at the water’s surface by a closed cell float, anchored to the bank, and weighted at the bottom by a chain, containing flows within a small area during disturbance of Contra Costa County Routine Maintenance Manual Chapter 7. Maintenance Planning and Implementation Contra Costa County Public Works Department October 2020 7-17 BMP Number BMP Title BMP Description the bed and banks. Sediment disturbed during work is allowed to settle to the bottom following completion. All flow diversion structures will be removed from the stream channel following completion of work activities. GEN-13 Invasive Plant Removal Invasive plant material removed during work shall be contained and appropriately disposed of in a landfill. Such materials will not be composted or left otherwise exposed in or around the maintenance site. GEN-14 Testing and Disposal of Sediment Sediment testing will not be required for sediment removal projects involving less than 100 cubic yards of sediment removal beyond what may be required by the receiving disposal facility. For projects involving the removal of more than 100 cubic yards, sediment testing will be conducted in accordance with the Beneficial Reuse of Dredged Materials: Sediment Screening and Testing Guidelines (RWQCB 2000), as appropriate for the proposed disposal or reuse site. The results will be compared against federal and state environmental screening levels (ESLs) for protection of human health, groundwater quality, and terrestrial receptors. If hazardous levels of contaminants (as defined by federal and state regulations) are present, the material will be taken to a permitted hazardous waste facility. The County will also prepare a sediment sampling and testing methodology plan that will guide sediment sampling and testing for the Program. GEN-15 Worksite Housekeeping  The County and contractors will maintain the work site in neat and orderly conditions on a daily basis, and will leave the site in a neat, clean, and orderly conditions when work is complete. Slash, sawdust, cuttings, etc. will be removed to clear the site of vegetation debris. As needed, paved access roads and trails will be swept and cleared of any residual vegetation or dirt resulting from the maintenance activity.  For activities that last more than one day, materials or equipment left on site overnight will be stored as inconspicuously as possible and will be neatly arranged in such a way that water quality impacts do not occur.  The County’s maintenance crews will be responsible for properly removing and disposing of all construction debris within 72 hours of completing maintenance activities and as directed by the County maintenance program manager.  All trash that is brought to a project site during maintenance activities (e.g., plastic water bottles, lunch bags, cigarettes) will be removed from the site daily.  Standing water will be minimized on site to prevent mosquitos from breeding at work sites. GEN-16 Use of Cementitious Materials Water that has come into contact with uncured concrete or grouts will not be allowed to enter the channel until the pH of the water is between 6.5 and 8.0 pH units. Containment of leachate will adhere to the following measures:  Freshly poured concrete will be isolated from flowing water and allowed to dry for at least 28 days before flows are reintroduced. Flows contaminated with leachate shall be separated from the main flow via a diversion structure until the pH falls within the range specified above.  If the 28-day drying period is infeasible, the County will institute a minimum 7-day drying period and apply a sealant designed for use in aquatic environments, such as Deep SealTM or Elasto DeckTM. The sealant will be allowed to dry for a minimum of 72 hours. Chapter 7. Maintenance Planning and Implementation Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 7-18 October 2020 BMP Number BMP Title BMP Description  Wash-down water from concrete delivery trucks, concrete pumping equipment, and other tools and equipment will not be allowed to enter the channel and should be removed from the site for treatment following construction. No dry concrete will be placed on the banks or in a location where It could be carried into the channel by wind or runoff. GEN-17 Standard Herbicide Use and Application Requirements  Only herbicides that have been approved for aquatic use in the Aquatic Pesticide Application Plan (APAP) (Appendix F) will be used for aquatic vegetation control work. For aquatic herbicide application, the County will only apply herbicides with adjuvants that are registered for aquatic use in California and Washington and in compliance with the California NPDES permit for aquatic weed control. The County will use extreme caution to not apply any herbicide that is not labeled for aquatic use directly to water. If herbicides must be applied next to water, Permittee shall use preventative BMPs to ensure that the chemical does not accidentally flow into or stream through the air into the water.  Herbicide application will be conducted consistent with the requirements of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the product label specifications, in compliance with the regulations of the U.S. Environmental Protection Agency (USEPA), California Environmental Protection Agency (CalEPA), California Department of Pesticide Regulation (CDPR), California Division of Occupational Safety and Health and the local Agricultural Commissioner. Herbicide application will be conducted consistent with applicable pesticide use injunction requirements that have been established for the protection of 26 species of listed salmon and steelhead, the California red-legged frog, and 11 species in the greater San Francisco Bay area. These injunctions require implementation of no-spray buffer zones around listed species habitats.  Herbicide application will not be made within 24 hours of predicted rainfall, or if wind is above 5 miles per hour in accordance with directions on the label to avoid offsite drift. Herbicide application will only occur during dry conditions to prevent sediment and herbicides from entering the water via surface water runoff.  The lowest recommended rate, amount, and concentration to achieve project objectives of herbicides will be utilized to achieve desired control.  An appropriate non-toxic indicator dye may be added to the tank mix to help the applicator identify areas that have been treated and better monitor the overall application to prevent over-spraying.  The following general application requirements will be employed during herbicide application: 1. Spray nozzles will be configured to produce a relatively large droplet size; 2. Low nozzle pressures (30-70 pounds per square inch) will be used; 3. Spray nozzles will be kept within 24 inches of vegetation during spraying; 4. Drift avoidance measures shall be used to prevent drift in locations where target weeds and pests are in proximity to special-status species or their habitat. Such measures can consist of, but would not be limited to the use of plastic shields around target weeds and pests and adjusting the spray nozzles of application equipment to limit the spray area. Contra Costa County Routine Maintenance Manual Chapter 7. Maintenance Planning and Implementation Contra Costa County Public Works Department October 2020 7-19 BMP Number BMP Title BMP Description GEN-18 Herbicide Applicator Training  County staff that handle and apply herbicides will be trained annually on proper herbicide handling and use. Staff will be trained by County staff with a pesticide applicator certificate obtained from the California Department of Pesticide Regulation.  Training will include review of the BMPs included in the County’s APAP (Appendix F), with particular focus on target and non-target plants, environmental impact avoidance measures, and herbicide label requirements. The County will ensure that applicators are properly trained in handling and use of herbicides, have a current Qualified Applicator Certificate (QAC), or Qualified Applicator License (QAL). A licensed QAC/QAL must complete 20 hours of continuing education every 2 years to stay licensed, and therefore are up-to-date on the latest techniques for pest control. GEN-19 Herbicide Application Personnel The County will utilize QALs, QACs, or County staff under the supervision of QALs or QACs to make applications or supervise applications recommended by the CDPR-licensed Pest Control Advisor (PCA). These applicators have knowledge of proper equipment loading, nozzle selection, calibration, and operation so that spills are minimized, precise application rates are made according to the label, and only target algae or aquatic vegetation are treated. Calibration ensures that the correct quantity and rate of herbicide is applied. GEN-20 Access Roads and Ramps County staff will backfill observed rills or ruts and will grade the surface when existing earthen roads or ramps have eroded or when ruts and rivulets have formed and are restricting vehicular passage or causing additional erosion. In some instances, rock or gravel will be added and the road or access ramp re-compacted. County staff will also be responsible for vegetation management activities (e.g., mowing, trimming, pruning, herbicide application) to reduce fire hazards, and provide adequate site distance and access along roads or ramps. GEN-21 Erosion Protection Earthen channel banks that experience minor erosion (e.g., cracks along banks, small rivulets, etc.) will be stabilized with temporary, low-impact fixes such as installation of revetment fencing, erosion protection blankets, straw wattles, coir cloth, and tarping. Preference is given to biotechnical treatments. Once maintenance work is complete, the temporary erosion protection treatments will be removed from the site. This work does not include bank stabilization/repair work (e.g., rock slope protection or riprap). GEN-22 Maintain Traffic Flow  To the extent feasible, work shall be staged and conducted in a manner that maintains two-way traffic flow on roadways in the vicinity of the work site.  Heavy equipment and haul traffic shall be prohibited in residential areas to the greatest extent feasible. When no other route to and from the site is available, heavy equipment and haul traffic through residential areas shall be restricted to the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday.  If heavy equipment or hauling is required beyond the hours listed above, the County or their contractor would provide notice to adjacent property owners 48 hours in advance of such activities. GEN-23 Traffic Control and Public Safety  In the event that work activities require the temporary closure of any traffic lanes, the County shall implement measures to guide traffic (such as signage and flaggers), safeguard construction workers, provide safe passage of vehicles, and minimize traffic impacts through the duration of work activities. The County also shall notify local emergency service providers regarding any planned lane closures. Chapter 7. Maintenance Planning and Implementation Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 7-20 October 2020 BMP Number BMP Title BMP Description  For any other work within or near the roadway that could pose a hazard to the public, the County shall install/implement appropriate measures, such as fences, barriers, flagging, guards, and/or signs, to give adequate warning and provide protection from the potentially dangerous condition.  For work activities along or near roadways with sidewalks and bike lanes, the County shall implement measures to ensure the safe passage of pedestrians and bicyclists around the work site.  Where work is proposed at or near a recreational park or trail, warning signs will be posted several feet beyond the limits of work. Signs will also be posted if trails will be temporarily closed.  Public transit access and routes will be maintained in the vicinity of the work site. If public transit will be affected by temporary road closures and require detours, affected transit authorities will be consulted and kept informed of maintenance activities. GEN-24 Fire Prevention  All earthmoving and portable equipment with internal combustion engines will be equipped with spark arrestors.  During the high fire danger period (April 1–December 1), work crews will: o Have appropriate fire suppression equipment available at the work site. o Keep flammable materials, including flammable vegetation slash, at least 10 feet away from any equipment that could produce a spark, fire, or flame. o Not use portable tools powered by gasoline-fueled internal combustion engines within 25 feet of any flammable materials unless a round-point shovel or fire extinguisher is within immediate reach of the work crew (no more 25 feet away from the work area). • Mowing activities are conducted in accordance with California Department of Forestry and Fire Protection’s (CAL FIRE) requirements and in coordination with the local fire district. GEN-25 Large Woody Material Retention The following measures will be implemented to retain large woody material where feasible:  The County will only modify or remove large woody material (LWM) from streams when the accumulation of LWM poses a threat to: (1) road stability, bridges, culverts, or other in-stream structures; (2) structures such as homes; (3) project sites with a significant increase in flooding risk that would impact previously described structures; and (4) project sites with an increase in erosion risk to property and increase sediment load. The County will only cut, notch or otherwise modify the minimum amount of stream wood to reduce the hazard with guidance from a consulting hydrologist or fluvial geomorphologist or certified civil engineer who has relevant experience evaluating and assessing LWM and County Environmental staff who understands the importance of balancing habitat protection and flood control needs. LWM will only be removed when such threats cannot be addressed by modifications.  To preserve channel stability and prevent erosion, the County will avoid removing LWM that is embedded in the bank or channel.  When modifying log jams, the County will leave trees, logs and/or stumps in the longest lengths and diameters practicable. If logs must be cut from fallen trees, the County will leave as much as possible of the main trunk attached to the root ball and only cut branches that are obstructing flow. Contra Costa County Routine Maintenance Manual Chapter 7. Maintenance Planning and Implementation Contra Costa County Public Works Department October 2020 7-21 BMP Number BMP Title BMP Description  All proposed LWM removal activities conducted by the County will be reviewed by a Qualified Biologist or consulting hydrologist or fluvial geomorphologist or certified civil engineer in coordination with County Environmental staff. Written concurrence from the Qualified Biologist or consulting hydrologist or fluvial geomorphologist or certified civil engineer and County Environmental staff will be provided with the notification of proposed activities. GEN-26 Vegetation Removal The disturbance or removal of vegetation shall not exceed the minimum necessary to complete maintenance activities. The use of bulldozers, backhoes, or other heavy equipment to remove vegetation along stream banks shall be avoided wherever feasible. GEN-27 Grazing Before grazing commences, a biologist will evaluate the area to be grazed to identify sensitive resources. Vegetation to be preserved (e.g., special-status plants) will be protected with avoidance buffers or fences; grazing will also be excluded from active channels and other water sources. Once fencing or buffers are installed, small herds will be placed on parcels for a set amount of time, monitored closely, and removed once the underbrush is cut down. Grazing of trees and shrubs will not be permitted. Air Quality BMPs: These BMPs are based on the Bay Area Air Quality Management District’s Basic Construction Measures. AQ-1 Basic Construction Measure  All exposed surfaces (e.g., parking areas, staging areas, soil piles, graded areas, and unpaved access roads) shall be watered two times per day.  All haul trucks transporting soil, sand, or other loose material off-site shall be covered.  All visible mud or dirt track-out onto adjacent public roads shall be removed using wet power vacuum street sweepers at least once per day. The use of dry power sweeping is prohibited.  All vehicle speeds on unpaved roads shall be limited to 15 mph.  All roadways, driveways, and sidewalks to be paved shall be completed as soon as possible. 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 [CCR]). Clear signage shall be provided for construction workers at all access points.  All construction equipment shall be maintained and properly tuned in accordance with manufacturer’s specifications. All equipment shall be checked by a certified mechanic and determined to be running in proper condition prior to operation.  Post a publicly visible sign with the telephone number and person to contact at the Lead Agency regarding dust complaints. This person shall respond and take corrective action within 48 hours. The Air District’s phone number shall also be visible to ensure compliance with applicable regulations. Chapter 7. Maintenance Planning and Implementation Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 7-22 October 2020 BMP Number BMP Title BMP Description Biological Resource BMPs: These BMPs are based on the conditions of the County’s Routine Maintenance Agreement (RMA) issued by the California Department of Fish and Wildlife (CDFW) (Notification # 1600-2010-0367-R3) and will be implemented as appropriate to avoid and minimize impacts on special-status species. These BMPs may be modified as appropriate to ensure protection of special-status species and as a result of consultation with USFWS, NMFS, and CDFW. Additional measures for protection of aquatic species during dewatering activities are described in Measure GEN-12. BIO-1 Staff Training  A qualified biologist will hold an annual training session for staff responsible for performing maintenance activities. Staff will be trained to recognize special-status species and their habitats. Staff will also be trained to use protective measures to ensure that such species are not adversely impacted by maintenance activities.  At least one staff person with up-to-date training in special-status species protective measures will be present at each work site at all times. BIO-2 Minimize Impacts to Nesting Birds If ground-disturbing maintenance work (e.g., culvert repair or replacement) or tree removal is scheduled to occur between February 15 and September 1, a qualified biologist or biological monitor shall conduct reconnaissance-level surveys for nesting birds within suitable habitat for nesting birds no more than two weeks prior to routine maintenance activities. The biologist or biological monitor shall be familiar with breeding behaviors and nest structures for birds known to nest in the work area. Surveys shall include upland access routes and staging areas in addition to each work site. Nesting bird surveys are not required for all maintenance work conducted within concrete-lined or earthen trapezoidal channels that are mechanically mowed to maintain vegetation below a height of six (6) inches. If this survey finds evidence of nesting birds, CDFW may be notified and consulted regarding appropriate no-work buffer areas to be established. Buffers will be maintained until a qualified biologist has determined that the young have fledged and are no longer reliant on the nest or parental care for survival. If a lapse in project-related work of 7 days or longer occurs, another focused survey and if required, consultation with CDFW and USFWS, shall be required before project work can be reinitiated. BIO-3 Protection of California Red-legged Frog If suitable habitat for California red-legged frog (CRLF) exists at a given work site or within reasonable dispersal distance (per RMA checklist), the following measures must be followed: 1. A qualified biologist or biological monitor shall conduct a reconnaissance-level survey for this species within 48 hours of the commencement of routine maintenance activities. 2. If CRLF are found during surveys or construction, work shall halt and a qualified biologist shall notify CDFW and USFWS for further guidance. 3. If work is initiated after November 15 during the CRLF breeding season (between November 15 to May 15), aquatic vegetation in the maintenance area must be inspected by a qualified biologist for egg masses. If any egg masses are found, crews must leave a 15-foot vegetated buffer between the work area and the egg masses. However, if work is initiated prior to November 15 (i.e., outside of the CRLF breeding season), egg mass surveys would not be required due to continuous disturbance to the area associated with maintenance activities. Contra Costa County Routine Maintenance Manual Chapter 7. Maintenance Planning and Implementation Contra Costa County Public Works Department October 2020 7-23 BMP Number BMP Title BMP Description 4. Keep a record of any work sites where egg masses are found and ensure that vegetation removal at these sites occurs prior to November 15 in subsequent years. Include this data in the annual summary reports and provide to USFWS. 5. Maintenance staff shall avoid entering the channel, within the 15-foot vegetated buffer to avoid dislodging egg masses. 6. The County will comply with all pesticide application requirements mandated by the USEPA and stipulated injunctions pertaining to California red-legged frog. For example, in areas subject to the 2006 injunction 1 which was brought against the USEPA by the Center for Biological Diversity, pesticides will be limited for controlling state-designated invasive species and noxious weeds, will not be used within 15 feet of aquatic breeding critical habitat or non-breeding aquatic critical habitat areas or within 15 feet of aquatic features within non-critical habitat sections subject to the 2006 Court-ordered injunction; precipitation is not occurring or forecast to occur within 24 hours; and pesticide is limited to localized spot treatment using hand-held devices. 7. Herbicide application will only be conducted when weather is dry, wind is not above 5 mph and air currents are moving away from CRLF habitat, and no rain is in the forecast for the next 24 hours. BIO-4 Protection of Bat Colonies If suitable bat habitat is determined to be present (per RMA checklist) in or around the work area (e.g. where culverts, structures and/or trees would be removed or otherwise disturbed for over two hours), the following measures must be followed: 1. A qualified biologist or biological monitor with training in bat habitat identification shall inspect features within 50 feet of the work area for potential roosting features no more than 48 hours prior to maintenance activities. Habitat features shall be flagged or marked. 2. If any habitat features identified in the habitat assessment will be altered by project activities, a phased disturbance strategy shall be employed that allows bats roosting in the vicinity to evacuate during nocturnal foraging hours. 3. Non-habitat trees or structural features shall be removed one day prior to removal of habitat features. 4. If bats are detected either during the habitat assessment or construction, all work shall stop and CDFW shall be notified immediately. 1 Court ordered injunction applies to critical and non-critical habitat areas shown on the following map: https://www.epa.gov/sites/production/files/2015-07/documents/contracosta_jj.pdf Chapter 7. Maintenance Planning and Implementation Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 7-24 October 2020 BMP Number BMP Title BMP Description 5. The biological monitor shall supervise the work to ensure that appropriate protective measures are implemented. 6. Do not attempt to directly disturb (e.g., shake, prod) roosting features, as such disturbance constitutes “harassment” under the Fish and Game Code. 7. A two-stage tree removal process over two consecutive days shall be implemented for trees containing bat habitat. The two-stage tree removal process shall entail the following: - Step 1: small branches and small limbs containing no cavity, crevice or exfoliating bark shall be removed with chainsaws under field supervision by a qualified bat biologist. - Step 2: the remainder of the tree shall be removed the following day. The disturbance caused by chainsaw noise and vibration, coupled with the physical alteration, has the effect of causing colonial bat species to abandon the roost tree after nightly emergence for foraging. Removing the tree the next day prevents re- habituation and re-occupation of the altered tree. 8. For phased disturbance in other bat habitat types, CDFW shall be consulted for guidance on appropriate methods. BIO-5 Protection of dusky- footed woodrats If suitable habitat for San Francisco dusky-footed woodrat is determined to be present (per RMA checklist) in the work area, the following measures must be followed: 1. A reconnaissance-level survey must be conducted by a qualified biologist or the biological monitor within 2 weeks prior to starting work. 2. If a woodrat nest is found at or adjacent to the worksite, consult with a qualified biologist to determine an appropriate no-work buffer distance from the nest(s), based on the type of work being completed. 3. Do not disturb or remove any woodrat nests or potential nest structures. 4. Install flagging or temporary fencing to identify the no-work zone between the nest area and the maintenance site (remove when the maintenance work is completed). No personnel or heavy equipment shall operate inside the buffer area. 5. Minimize the impact area and conduct construction activities within designated work areas. 6. Install erosion and sediment control BMPs as warranted. 7. If a woodrat is detected within the work area during construction, work shall halt in the vicinity of the individual(s) until they move out of the area of active construction. The biologist shall contact CDFW for guidance on how to proceed. Contra Costa County Routine Maintenance Manual Chapter 7. Maintenance Planning and Implementation Contra Costa County Public Works Department October 2020 7-25 BMP Number BMP Title BMP Description BIO-6 Protection of California Tiger Salamander If suitable habitat for California tiger salamander (CTS) is determined to be present (per RMA checklist), which includes suitable upland dispersal habitat, in or around the work area, the following measures must be followed: 1. A reconnaissance-level survey must be conducted by a qualified biologist or the biological monitor within 48 hours prior to starting work. 2. Each morning prior to commencement of work, a qualified biologist or the biological monitor shall inspect the work site including holes and excavated areas to ensure that CTS are not present within the work site. 3. Open burrows shall be flagged for avoidance and the burrow shall not be disturbed. 4. The biological monitor shall supervise the work to ensure that appropriate protective measures are implemented. 5. Avoid work at night within 1 mile of known CTS locations during the rainy periods (September through April) unless there are emergency circumstances (e.g., flooding). 6. If vegetation must be cleared within areas identified as suitable CTS habitat, cut to no less than four to six inches in height to allow undetected CTS to escape or be viewed safely. 7. Minimize the impact area and equipment should stay within designated work areas. 8. Dewater via CDFW approved method (see RMA) any areas that require work in the water. 9. If a work site is to be temporarily dewatered by pumping, intakes will be completely screened with a wire mesh no larger than 3/16 inches (5 millimeters) to minimize the risk of CTS entering the pump system. 10. Install erosion and sediment control BMPs (e.g., silt fencing and straw wattles) that are tightly woven fibers netting or similar material to ensure no CTS are trapped or injured. 11. If CTS are observed by a qualified biologist or the biological monitor, construction must halt and the biologist shall contact CDFW and USFWS for guidance on how to proceed. BIO-7 Protection of Western Burrowing Owl If suitable habitat for western burrowing owl is determined to be present (per RMA checklist) in or around the work area, the following measures must be followed: 1. A reconnaissance level survey must be conducted by a qualified biologist or the biological monitor within 48 hours prior to starting work. 2. Each morning prior to commencement of project work, the biological monitor shall inspect the work site to ensure that western burrowing owl are not present within the project area. 3. The biological monitor shall supervise the work to ensure that appropriate protective measures are implemented. 4. A qualified biologist or biological monitor will note the location of any active burrows (being used by a burrowing owl) and notify all construction personnel prior to the beginning of work. Chapter 7. Maintenance Planning and Implementation Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 7-26 October 2020 BMP Number BMP Title BMP Description 5. If an active burrow is discovered during breeding season (February 1 – August 31), a 150-foot no-work buffer will be flagged around the burrow and all construction activities will be excluded from the buffer area. 6. If an active burrow is discovered outside of the breeding season (September 1 – January 31), a 75-foot no-work buffer will be maintained and all construction activities will be excluded from the buffer area. 7. Minimize the impact area and stay within designated work areas. 8. If a burrowing owl is observed, construction must halt and the biologist shall contact CDFW for guidance on how to proceed. BIO-8 Protection of Western Pond Turtle If suitable habitat for western pond turtle (WPT) is determined to be present (per RMA checklist) in or around the work area, the following measures must be followed: 1. A reconnaissance level survey must be conducted by a qualified biologist or the biological monitor within 48 hours prior to starting work. 2. Each morning prior to commencement of project work, the biological monitor shall inspect the work site to ensure that special status species are not present within the project area. 3. The biological monitor shall supervise the work to ensure that appropriate protective measures are implemented. 4. Western pond turtle eggs are laid in a buried nest that is usually very well hidden and unlikely to be observed during pre-construction surveys. However, if a nest is discovered during pre-construction surveys, its location will be flagged and workers notified of its presence. No ground-disturbance activities shall occur within 75 feet of the nest. 5. For sites that require work in a wetted channel, dewatering will be conducted via CDFW approved methods (see RMA). 6. Install erosion and sediment control BMPs as warranted. 7. If WPT are found during surveys or construction and could be adversely affected by work activities, work shall halt and the biologist shall contact CDFW for guidance on how to proceed. BIO-9 Protection of Tricolored Blackbird 1. If maintenance work, including vegetation removal is scheduled to occur in tricolored blackbird habitat (see habitat assessment checklist in RMA) between February 15 and September 1, a qualified biologist or biological monitor shall conduct reconnaissance-level surveys for nesting birds within suitable nesting habitat no more than two weeks prior to routine maintenance activities. 2. The biological monitor shall supervise the work to ensure that appropriate protective measures are implemented. 3. If this survey finds evidence of nesting birds in the work site, work shall be postponed until August 15. Contra Costa County Routine Maintenance Manual Chapter 7. Maintenance Planning and Implementation Contra Costa County Public Works Department October 2020 7-27 BMP Number BMP Title BMP Description 4. If a lapse in project-related work of 7 days or longer occurs, another focused survey and, if required, consultation with CDFW and USFWS shall be required before project work can be reinitiated. 5. Do not attempt to directly disturb (e.g., shake, prod) trees or shrubs that may contain nests, as such disturbance constitutes “harassment” under the Fish and Game Code. 6. Minimize the impact area and stay within designated work areas. 7. If a tricolored blackbird nest is observed in the construction zone, work shall halt and the biologist shall contact CDFW and USFWS for guidance on how to proceed. BIO-10 Protection of Alameda Whipsnake If suitable habitat for the Alameda whipsnake is determined to be present (per RMA checklist) in or around the work area, the following measures must be followed: 1. A reconnaissance-level survey within suitable habitat must be conducted by a qualified biologist or the biological monitor no more than 48 hours prior to starting work. 2. The biological monitor shall supervise the work to ensure that appropriate protective measures are implemented. 3. No excavation or other ground-moving activities shall take place from November 1 to March 1 to avoid harming snakes hibernating in crevices and burrows. 4. Check for snakes underneath any vehicles parked in or near Alameda whipsnake habitat before driving. 5. If necessary to install erosion control BMPs (e.g., silt fencing and straw wattles), use materials with tightly woven fibers (less than 1 centimeter gaps) to ensure Alameda whipsnakes are not trapped or injured. 6. Minimize the impact area and stay within designated work areas. 7. If an Alameda whipsnake is observed in the construction work area, work shall halt and the biologist shall contact CDFW and USFWS for guidance on how to proceed. BIO-11 Protection of Giant Garter Snake If suitable habitat for giant garter snake (GGS) is determined to be present (per RMA checklist) in or around the work area, the following measures must be followed: 1. Each morning prior to commencement of work, a qualified biologist or the biological monitor shall inspect the work site including aquatic habitat edges, potential basking area near aquatic habitat such as the edge of channel banks, culverts, riprap, and piles of debris to ensure that GGS are not present within the maintenance area. 2. The biological monitor shall supervise the work to ensure that appropriate protective measures are implemented. 3. Work activities shall take place during GGS “active” season (May 1 through October 1), when practicable, due to easier detectability of GGS. Chapter 7. Maintenance Planning and Implementation Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 7-28 October 2020 BMP Number BMP Title BMP Description 4. If work activities will take place outside of GGS “active” season and ground disturbance is required, then a qualified biologist must be present to survey all work activities. 5. Any dewatered habitat shall remain dry for at least 15 consecutive days prior to excavating or filling of the dewatered area when performing work activities from April 15 and throughout “active” season. 6. Where practical, limit vehicle speed to 15 mph on access routes and road ways to avoid running over basking GGS. Look for GGS basking on access routes during the “active” season. 7. Minimize the work activities within 200 feet from channel banks within GGS aquatic habitat and operate equipment within designated work areas. 8. Where possible, confine movement of heavy equipment and vehicles to existing roadways to minimize habitat disturbance. 9. Visually check for GGS under vehicles and equipment prior to moving them. Cap all materials onsite (culverts, pipes, etc.) to preclude GGS from becoming entrapped. 10. Install erosion and sediment control BMPs as warranted. 11. If a GGS is found during work activities, the biologist shall contact USFWS and CDFW for guidance on how to proceed. BIO-12 Protection of Special- status Plants  Prior to sediment removal or other ground disturbing activities in tidal/brackish portions of County-maintained channels, a qualified botanist shall perform surveys for special-status plants with the potential to occur in these areas, which include soft salty bird's-beak (Chloropyron molle ssp. molle [=Cordylanthus mollis ssp. mollis]), Mason's lilaeopsis (Lilaeopsis masonii), Delta mudwort (Limosella australis), Suisun Marsh aster (Symphyotrichum lentum), small spikerush (Eleocharis parvula), Marin knotweed (Polygonum marinense), Bolander's water-hemlock (Cicuta maculata var. bolanderi), and Delta tule pea (Lathyrus jepsonii var. jepsonii). The survey(s) shall occur within two years of the start of sediment removal/ground disturbing activities in tidal/brackish portions of channels. To account for potential indirect effects, the survey area will include the proposed ground disturbance area and an appropriate buffer to be determined by a qualified botanist. The entire survey area will be walked to ensure thorough coverage. Floristic surveys will be performed during the appropriate bloom period(s) for each target species, or at a time when plants can be identified to a taxonomic level necessary to determine whether they are a special-status species. Reference sites may be visited as needed to confirm phenology. A report will be prepared which documents the survey area, methods, maps showing the location of any special-status plants identified, a list of plant taxa occurring in the survey area, assessment of potential impacts to special-status plants if present, and photographs of any special- status plants identified.  If special-status plants may be directly or indirectly affected, the construction/sediment removal footprint will be adjusted or an exclusion area will be established to avoid impacts to the plants. Locations of special-status plant populations will be clearly identified in the field by staking, flagging, or fencing prior to the commencement of Contra Costa County Routine Maintenance Manual Chapter 7. Maintenance Planning and Implementation Contra Costa County Public Works Department October 2020 7-29 BMP Number BMP Title BMP Description activities that may cause disturbance. A qualified botanist shall determine whether direct and/or indirect impacts would occur.  If the botanist determines that impacts would not be completely avoided, the USFWS and CDFW shall be contacted for guidance on how to proceed. BIO-13 Herbicide Use in Wildcat Basin To avoid potential impacts to fish associated with aquatic herbicide application in Wildcat Basin, herbicide application will be limited to occur from September 1 to October 31. BIO-14 Protection of Steelhead The following measures apply to the County-maintained portions of the three streams within the Program area that support Central California Coast steelhead: Wildcat Creek, San Pablo Creek and Pinole Creek (see Figure 5-1 in Chapter 5). These streams support Central California Coast steelhead. Measures include:  Dewatering Not Permitted: In-channel work may only occur during dry conditions and no dewatering will occur in the portions of Wildcat, San Pablo, and Pinole creeks that support salmonid habitat during maintenance work. Works sites must be naturally dry prior to and during Maintenance Program activities.  Work Window: Maintenance activities in steelhead streams may only be conducted from June 15 to October 15.  Culvert Repair and Replacement: Culvert repair and replacements conducted under the Maintenance Program at locations identified on Figure 5-1 will be designed to conform with the NMFS Guidelines for Salmonid Passage at Stream Crossings (September 2019). Design plans will be submitted to NMFS for review and approval at least 120 days in advance of construction.  Herbicide Applications: For aquatic herbicide application, the Maintenance Program will only use herbicides with adjuvants that are registered and approved for aquatic use in California and Washington. The County will coordinate with NMFS to include new adjuvants as they are released under the Maintenance Program as necessary.  Large Woody Management: Where feasible, the Maintenance Program will retain large woody material in open natural or earthen engineered portions of Wildcat, Pinole, and San Pablo creeks to provide fish habitat, as long as large woody material would not obstruct flows and exacerbate flood conditions, or increase the public safety risks. Large woody material is defined as wood below the top of bank that has a diameter equal to or larger than 12 inches and 6 feet in length.  Sediment Removal: The volume and estimated linear feet of sediment removal will be identified for each site in the Annual Notification Report. The volume of sediment removed from channels will be limited to 400 cubic yards for natural channels, 800 cubic yards for engineered earthen channels, and 1,500 cubic yards for concrete channels per site. The limits on linear feet by channel type are listed in Table 5-1. BIO-15 Use of Rodenticides Rodenticides will be used only at County dam/reservoir site and be subject to the following conditions:  The County will only use rodenticides when necessary to protect the structural stability of a dam and when other, less toxic alternatives are not available. Chapter 7. Maintenance Planning and Implementation Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 7-30 October 2020 BMP Number BMP Title BMP Description  Rodenticide application will only be conducted after reconnaissance-level surveys have been completed for listed species with potential to occur in the area. If listed-species that use rodents as prey and/or that could be attracted by baited traps are expected to occur, the County will coordinate with CDFW prior to application.  The County will apply rodenticides through bait stations to prevent non-target species from ingesting the rodenticide directly. Bait stations will be monitored regularly and modified as needed to ensure non-target wildlife are not accessing the bait. Cultural Resources CUL-1 Review Sensitivity Maps During the early phases of Annual Work Plan development, for all locations where ground-disturbing activities are proposed where excavation would be required beyond the facility’s as-built design or otherwise reach previously undisturbed soils beyond existing engineered depths or extent, the County will review the Cultural Sensitivity Maps (Appendix E of the Manual). If the foregoing conditions are not applicable to the maintenance activity being performed, only BMP CUL-5 and CUL-6 will be required. Based on the location of projects, and whether or not excavation or ground disturbance will occur beyond existing engineered depths or extent, BMPs CUL-2 through CUL-4 shall be implemented as follows:  High Sensitivity: BMPs CUL-2, CUL-3, and CUL-4  Moderate Sensitivity: BMP CUL-2 and CUL-3  Low Sensitivity: BMPs CUL-2 through CUL- 4 not required  Unknown Sensitivity: BMP CUL-2 and CUL-3  BMPs CUL-5 and CUL-6 are applicable to all ground-disturbing activities in natural channels or native soils, regardless of the sensitivity level of the work area. CUL-2 Record Search and Field Inventory for Highly or Moderately Sensitive Areas, and Areas of Unknown Sensitivity  The County will retain a qualified cultural resources specialist to conduct a review and evaluation of locations that involve soil disturbance/excavation in natural channels or native soils identified as Highly to Moderately Sensitive to determine the potential for these activities to affect significant cultural resources.  The initial evaluation will be based on a review of archival information provided by the Northwest Information Center (NWIC) of the California Historical Resources Information System in regard to the project area based on a 0.25-mile search radius. This initial archival review will be completed by the professional archaeologist who will be able to view confidential site location data and literature to arrive at a preliminary sensitivity determination.  It is recommended that the County conduct a review of the Sacred Lands Inventory of the Native American Heritage Commission (NAHC) and due diligence outreach with individuals identified by the NAHC and/or local historical societies or groups. This outreach would involve sending a letter with a request for pertinent information about cultural resources within the project area and to identify any concerns. This outreach is in addition to notification under PRC 21080.3.1 (i.e., CUL-3), and may be appropriate for projects that would not otherwise require Assembly Bill Contra Costa County Routine Maintenance Manual Chapter 7. Maintenance Planning and Implementation Contra Costa County Public Works Department October 2020 7-31 BMP Number BMP Title BMP Description 52 notification. Such outreach is also encouraged under Section 106 implementing regulations at 36 CFR 800.4(a)(3) for identification of historic properties.  The qualified archaeologist will conduct field inventory of the project area to determine the presence/absence of surface cultural materials. The results, along with any mitigation and/or management recommendations, will be presented to the County in an appropriate report format that includes any necessary maps, figures, and correspondence with interested parties. The report will also include a summary of the records search and archival research data, and pertinent geoarchaeological overviews and studies, and regional research designs, as appropriate.  A summary table indicating appropriate management actions (e.g., monitoring during construction, presence/absence testing for subsurface resources, and data recovery) will be developed for each project work area reviewed.  The maintenance activities will be implemented to avoid significant impacts to cultural resources, if possible. EXCEPTIONS: After the NWIC record search and NAHC sacred lands search have been conducted, the qualified archaeologist may determine that a field review is not necessary under the following circumstances:  Locales that have previously been subject to cultural resource studies where no previously identified cultural resources or historical resources were documented.  Locales that have previously been subject to cultural resources studies, but identified cultural resources have been determined by a qualified archaeologist/resource specialist as not eligible for listing in the California Register of Historical Resources (CRHR) or the National Register of Historic Places (NRHP). A short report would be required to document the decision not to conduct a field study. CUL-3 Consult with Native American Tribes The County, as the lead CEQA agency, has notified Native American tribes about the Maintenance Program according to PRC 21080.3.1 (also referred to as Assembly Bill 52); only Native American tribes that have previously requested notification from the County pursuant to PRC 21080.3.1(b) require notification. For tribes that request consultation under PRC 21080.3.1(b)(2), the County will consult with those tribes pursuant to PRC 21080.3.2 for projects in areas of high, moderate, and unknown sensitivity. CUL-4 Construction Monitoring  The County will retain a qualified archaeologist to be present on-site during ground-disturbing activities within areas identified as highly sensitive for cultural areas, unless the qualified archaeologist determines otherwise after the field inventory conducted under CUL-2. Similarly, after conducting the field study under CUL-2, the qualified archaeologist may determine that areas originally identified as moderately sensitive for cultural resources warrant monitoring during construction. The reasons for conducting monitoring in areas initially considered of moderate sensitivity would be discussed in the inventory report.  The qualified archaeologist will have the authority to stop work if cultural resources are discovered.  If any cultural resources are discovered during construction monitoring, BMP CUL-6 would be implemented as appropriate. Chapter 7. Maintenance Planning and Implementation Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 7-32 October 2020 BMP Number BMP Title BMP Description CUL-5 Conduct Pre- Maintenance Educational Training At the beginning of each maintenance season, and in concert with implementing BMP BIO-1, as well as before conducting activities subject to BMP CUL-2 through CUL-4, all maintenance personnel will participate in an educational training session conducted by a qualified cultural resources specialist. This training will include instruction on how to identify historic and prehistoric resources that may be encountered, and will describe the appropriate protocol to be followed if resources are discovered during maintenance work. CUL-6 Address Discovery of Cultural Remains or Paleontological Resources Appropriately Unanticipated discoveries of cultural and paleontological resources may occur during maintenance construction activities. Examples of prehistoric Native American cultural remains are obsidian and chert flaked-stone tools (e.g., projectile points, knives, scrapers) or significant areas of tool-making debris; culturally darkened soil (“midden”) containing heat-affected rocks, artifacts, or shellfish remains; stone milling equipment (e.g., mortars, pestles, handstones, or milling slabs); and battered stone tools, such as hammerstones and pitted stones. Historic-period artifacts may include stone, concrete, or adobe footings, foundations, and walls; filled wells or privies; and deposits of metal, glass, and/or ceramic refuse. Paleontological resources are fossilized remains of plants and animals. Work will be restricted or stopped in areas where remains or artifacts are found until proper protocols are met, as described below. Protocol for treatment of prehistoric or historic cultural resources or human remains: 1. Work at the location of the find will halt immediately within 50 feet of the find. A “no work” zone will be established utilizing appropriate flagging to delineate the boundary of this zone, which will measure at least 50 feet in all directions from the find. 2. The County will retain the services of a consulting archaeologist, who will visit the discovery site as soon as practicable and perform minor hand excavation to describe the archaeological resources present and assess the amount of disturbance. 3. The consulting archaeologist will provide to the County and USACE, at a minimum, written and digital- photographic documentation of all observed materials, utilizing the CRHR and NRHP guidelines for evaluating archaeological resources. Based on the assessment, the County and USACE will identify the CEQA and Section 106 cultural resources compliance procedures to be implemented. 4. If the consulting archaeologist determines that the find appears not to meet the CRHR or NRHP criteria of significance, and a USACE archaeologist concurs with the consulting archaeologist’s conclusions, construction may continue while monitored by the consulting archaeologist. The authorized maintenance work will resume at the discovery site only after the County has retained a consulting archaeologist to monitor and the Maintenance Manager has received notification from USACE allowing work to continue. 5. If the find appears significant, avoidance of additional impacts is the preferred alternative. The consulting archaeologist will determine if adverse impacts to the resources can be avoided. Contra Costa County Routine Maintenance Manual Chapter 7. Maintenance Planning and Implementation Contra Costa County Public Works Department October 2020 7-33 BMP Number BMP Title BMP Description 6. Where avoidance is not practical (e.g., maintenance activities cannot be deferred or must be completed to satisfy the Maintenance Program objective), the County will develop an action plan (also known as a data recovery plan) and submit it to USACE within 48 hours of determining that maintenance activities cannot be deferred. The action plan will be submitted by email to the appropriate archeological/cultural resources contact at the USACE. The action plan is equivalent to a data recovery plan. It will be prepared in accordance with the current professional standards and state guidelines for reporting the results of the work, and will describe the services of a Native American consultant, if appropriate, and a proposal for curation of cultural materials recovered from a non-grave context. 7. The recovery effort will be documented in a report prepared by the consulting archaeologist in accordance with current archaeological standards. Any non-grave artifacts will be placed with an appropriate repository. 8. In the event of discovery of human remains (or if a find consists of bones suspected to be human), the field crew supervisor will take immediate steps to secure and protect such remains from vandalism during periods when work crews are absent.) 9. The maintenance crew supervisor will immediately notify the Contra Costa County Coroner and provide any information that identifies the remains as Native American. If the remains are determined to be those of a prehistoric Native American or a Native American from the ethnographic period, the Coroner will contact NAHC within 24 hours of being notified about the remains. NAHC will designate and notify a most likely descendant (MLD) within 24 hours. The MLD will have 48 hours to consult and provide recommendations for the treatment or disposition, with proper dignity, of the human remains and grave goods. 10. Preservation in situ is the preferred option for human remains. Human remains will be preserved in situ if continuation of the maintenance work, as determined by the consulting archaeologist and MLD, will not cause further damage to the remains. The remains and artifacts will be documented, the find location carefully backfilled (with protective geo-fabric if desirable), and the information recorded in County Maintenance Program files. 11. If human remains or cultural items are exposed during maintenance that cannot be protected from further damage, they will be exhumed by the consulting archaeologist at the discretion of the MLD and reburied, with the concurrence of the MLD, in a place mutually agreed upon by all parties. Protocol for treatment of paleontological resources: 1. Work at the location of the find will halt immediately within 50 feet of the find. A “no work” zone will be established utilizing appropriate flagging to delineate the boundary of this zone, which will measure at least 50 feet in all directions from the find. Chapter 7. Maintenance Planning and Implementation Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 7-34 October 2020 BMP Number BMP Title BMP Description 2. The County will retain the services of a consulting paleontologist who meets the Society for Vertebrate Paleontology’s criteria for a “qualified professional paleontologist” (Society of Vertebrate Paleontology Conformable Impact Mitigation Guidelines Committee 1995). 3. The consulting paleontologist will follow the Society for Vertebrate Paleontology’s guidelines for treatment of the find. Treatment may include preparation and recovery of fossil materials for donation to an appropriate museum or university collection, and may include preparation of a report describing the find. The County will be responsible for ensuring that the paleontologist’s recommendations are implemented. Contra Costa County Routine Maintenance Manual Chapter 7. Maintenance Planning and Implementation Contra Costa County Public Works Department October 2020 7-35 Page intentionally left blank Chapter 7. Maintenance Planning and Implementation Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 7-36 October 2020 Table 7-3. Sensitive Species Potentially Present at Routine Maintenance Areas No. Facility Maintenance Reach California Red- legged Frog Western Pond Turtle Special Status Wildlife Species Special Status Birds Special Status Fish Special Status Plants 1 Wildcat Creek Channel West of Burlington Northern Santa Fe Corporation (BNSF) tracks downstream to the Wildcat Marsh Trail (Richmond) X White-tailed Kite Sacramento Sucker Steelhead - Central Valley distinct population segment (DPS)/ Central Coast DPS Coastal Rainbow Trout Sacramento Splittail 2 Wildcat Basin East of Verde Elementary School (Richmond) X Tricolored Blackbird Steelhead - Central Valley DPS/ Central Coast DPS 3 San Pablo Creek Lined Channel Giant Road (upstream) to ~200 feet downstream of Parr Boulevard (Richmond) White-tailed Kite Sacramento Sucker Steelhead - Central Valley DPS/ Central Coast DPS Coastal Rainbow Trout 4 Rheem Creek Lined Channel Upstream of Giant Road to ~500 feet downstream of Giant Road (San Pablo) 5 Garrity Creek Lined Channel O’Conner Ditch east side of San Pablo Avenue south of O’Conner Drive. 6 Pinole Creek Channel I-80 west downstream to Rosti Street (Pinole) X Cooper’s Hawk Sacramento Sucker Steelhead - Central Valley DPS/ Central Coast DPS Coastal Rainbow Trout 7 Rodeo Creek Manual Mowing: I-80 to end beginning of concrete channel at 3rd Street. Livestock Grazing: BNSF tracks downstream to I-80 (Rodeo) X X Sacramento Sucker Sacramento Splittail Longfin Smelt 8 West Alamo Creek West Alamo Creek at Blackhawk Meadow X 9 Bettencourt Basin Bettencourt Basin, 300 feet past Mansfield Drive X 10 FCM23 Blackhawk Near 3052 Live Oak Court (upstream of Blackhawk Road, Danville) Alameda whipsnake 11 Sycamore Creek Tunbridge Road near Sycamore Valley Road (Danville) X 12 Mossy Oak Basin Mossy Oak Basin, at the end of Mossy Oak Drive. 13 Hidden Oak Basin Hidden Oak Basin, north of the cul-de-sac on Hidden Oak Drive X 14 Canyon Oak Basin Canyon Oak Basin, northeast of the cul-de-sac on Canyon Oak Lane X 15 Green Valley Creek Diablo Road to Highbridge Lane (Danville) X X Pallid bat, Alameda whipsnake 16 San Ramon Creek Channel Brookdale Avenue just north of Danville Boulevard (Alamo) 17 San Ramon Creek at Rudgear Road Sediment Removal: Inside the inset box culvert 18 Las Trampas Creek Immediately upstream of Freeman Road (Walnut Creek) Pallid bat 19 Walnut Creek at Arroyo Way Where channel transitions from earthen to concrete at the base of access ramp Contra Costa County Routine Maintenance Manual Chapter 7. Maintenance Planning and Implementation Contra Costa County Public Works Department October 2020 7-37 No. Facility Maintenance Reach California Red- legged Frog Western Pond Turtle Special Status Wildlife Species Special Status Birds Special Status Fish Special Status Plants 20 Walnut Creek Channel Mowing: Typically occurs along entire channel from Bancroft Road downstream to confluence with Grayson Creek and from BNSF Railroad north toward Suisun Bay X 21 Bogue Ranch Lower Basin Bogue Ranch Lower Basin, east of Bogue Ranch Upper Basin, southeast of the cul-de-sac on Wellington Lane 22 Bogue Ranch Upper Basin Bogue Ranch Upper Basin west of Canterbury Court 23 Pine Creek Reservoir Pine Creek Dam (Walnut Creek) 24 Pine Creek Basin (Kubicek Basin) Pine Creek Basin (Walnut Creek) X Mt. Diablo fairy lantern Diablo helianthella 25 Pine Creek Box Culvert Entire length of culvert located immediately downstream of trash rack covering the upstream end of box culvert (Walnut Creek) 26 Pine Creek Channel Valley Vista Road, Walnut Creek downstream to San Miguel Road, Concord. 27 Pine Creek Concrete Channel Debris and Trash Removal: End of concrete channel to Willow Pass Road Flap Gate Maintenance: Concrete channel from Lane Drive downstream to end of channel at Waterworld. 28 Lower Pine Creek Downstream of concrete channel at Waterworld X 29 Ygnacio Valley Drain CCWD trail crossing (south of Treat Boulevard) downstream to Pine Creek channel 30 Galindo Creek Lined Channel San Miguel Drive downstream to confluence with Pine Creek 31 Grayson Creek Viking Drive to Chilpancingo Parkway (Pleasant Hill) X 32 Clayton Valley Drain Downstream of Solano Way for all listed activities. Note that mowing typically occurs along the entire length of the channel. X 33 Viano Basin East of Morello Avenue, south of BNSF tracks (Martinez) X 34 Pacheco Creek I-680 south on-ramp downstream to I-680 (Martinez) X 35 Marsh Creek Reservoir X X California tiger salamander, American badger White-tailed kite, Swainson’s hawk, tricolored blackbird 36 Dry Creek Reservoir X Western burrowing owl, tricolored blackbird Alkali milk vetch, brittlescale, San Joaquin spearscale, Ferris’ goldfields, Palmer’s frankenia, Congdon’s tarplant, Big tarplant, little mousetail, California alkali grass, long-styled sand- spurrey, saline clover, caper- fruited tropidocarpum Chapter 7. Maintenance Planning and Implementation Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 7-38 October 2020 No. Facility Maintenance Reach California Red- legged Frog Western Pond Turtle Special Status Wildlife Species Special Status Birds Special Status Fish Special Status Plants 37 Dry Creek Basin 38 Dry Creek 39 Deer Creek Reservoir X X California tiger salamander, American badger 40 Deer Creek Basin 41 Deer Creek 42 Upper Sand Creek Basin X California tiger salamander, American badger Northern harrier 43 Lower Sand Creek Basin X White-tailed kite 44 Line E X 45 Line E1 X Contra Costa County Routine Maintenance Manual Chapter 7. Maintenance Planning and Implementation Contra Costa County Public Works Department October 2020 7-39 This page intentionally left blank Chapter 7. Maintenance Planning and Implementation Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 7-40 October 2020 Table 7-4. Applicable BMPs to Address Potentially Present Sensitive Species Applicable BMPs Potentially Present Sensitive Species Special- Status Birds* California Red- legged Frog Bat Colonies San Francisco Dusky-footed Woodrat California Tiger Salamander Burrowing Owl Western Pond Turtle Tricolored Blackbird Alameda Whipsnake Giant Garter Snake Steelhead Special- Status Plants** BMP BIO-1 X X X X X X X X X X X BMP BIO-2 X BMP BIO-3 X BMP BIO-4 X BMP BIO-5 X BMP BIO-6 X BMP BIO-7 X BMP BIO-8 X BMP BIO-9 X BMP BIO-10 X BMP BIO-11 X BMP BIO-12 X BMP BIO-13 X X BMP BIO-14 X BMP BIO-15 X X * Special-status birds include Golden Eagle, Short-eared Owl, Burrowing Owl, Swainson's Hawk, Northern Harrier, White-tailed Kite, American Peregrine Falcon, Saltmarsh Common Yellowthroat, Loggerhead Shrike, California Black Rail, Song Sparrow (“Modesto” population), Suisun Song Sparrow, Alameda Song Sparrow, San Pablo Song Sparrow, Ridgway’s Rail, and Yellow-headed Blackbird. **Special-status plants include large-flowered fiddleneck, bent-flowered fiddleneck, California androsace, big tarplant, Mt. Diablo fairy-lantern, Oakland star-tulip, bristly sedge, johnny-nip, Congdon's tarplant, soft salty bird's-beak, Bolander's water-hemlock, small spikerush, Mt. Diablo buckwheat, diamond-petaled California poppy, stinkbells, fragrant fritillary, Diablo helianthella, hogwallow starfish, Brewer's western flax, Santa Cruz tarplant, Carquinez goldenbush, Northern California black walnut, Delta tule pea, bristly leptosiphon, serpentine leptosiphon, Mason's lilaeopsis, Delta mudwort, showy golden madia, adobe navarretia, shining navarretia, Marin knotweed, eel-grass pondweed, Lobb's aquatic buttercup, marsh skullcap, long-styled sand-spurrey, slender-leaved pondweed, Suisun Marsh aster, saline clover, and caper-fruited tropidocarpum. Contra Costa County Routine Maintenance Manual Chapter 7. Maintenance Planning and Implementation Contra Costa County Public Works Department October 2020 7-41 This page intentionally left blank Contra Costa County Public Works Department October 2020 8-1 Program Mitigation Introduction This Chapter outlines and describes mitigation options available for offsetting the Contra Costa County Routine Maintenance Program’s (Maintenance Program’s or Program’s) residual impacts to wetlands, waters, and riparian resources. As described in Chapter 1, Introduction, the Maintenance Program is structured in a manner such that it would avoid significant impacts to federally and state listed species through implementation of best management practices (BMPs) and avoidance and minimization measures described in Chapter 7. Activities that could result in take of federally and state listed species would be conducted outside of this Maintenance Program. Once the Program is operating under regulatory approvals and permits, annual mitigation will be provided as necessary to address residual impacts that require compensatory action. The annual notification reports to the appropriate regulatory agencies will include a list of maintenance activities identified along with annual mitigation needs. This Chapter is intended to describe a range of suitable mitigation approaches that may be utilized. Summary of Impacts to Wetlands, Waters, and Riparian Resources 8.2.1 Summary of the County’s 2014 and 2016 Maintenance Activity Impacts on Wetlands and Waters In 2014, the County’s maintenance activities were limited to removing sediment from concrete- lined channels at five sites, totaling 2.12 acres. Temporary impacts on waters of the U.S. and/or state did not require mitigation since work was limited to concrete-lined channels and no impacts to jurisdictional wetlands occurred. In 2016, the County’s maintenance activities were limited to removing sediment at eight flood control channels (both concrete- and earthen-lined channels), resulting in approximately 2.75 acres of temporary impacts on waters of the U.S. and/or state. The Regional Water Quality Control Board (RWQCB) considered sediment removal as potential disturbance to the stream system that would otherwise contribute to the natural development and stream form at downstream areas. The RWQCB also considered removal of benthic macroinvertebrate populations that may be present in the sediment as an impact requiring compensatory mitigation. As a result, the RWQCB did require mitigation for the County’s 2016 maintenance activities. The County contributed funds to a stream protection and enhancement project led by Agricultural and Natural Resources Trust. Chapter 8. Program Mitigation Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 8-2 October 2020 8.2.2 Summary of the Maintenance Program’s Impacts on Wetlands, Waters and Riparian Resources Table 1-3 in Chapter 1, Introduction, provides a representative overview of the types of maintenance activities that may be needed in the Program’s first 5-10 years. The maintenance/resource characterization sheets included in Appendix D depict how routine maintenance activities for a given year typically involve debris and sediment removal at bridge and road crossings, culvert maintenance, and vegetation management. The maintenance characterization sheets in Appendix D provide more details about the types of issues at typical maintenance sites. For maintenance sites where resource characterization sheets have previously been prepared, the sheets will be reviewed for accuracy and updated as appropriate during the annual notification process. Maintenance/resource characterization sheets will be prepared at the time of the annual notification for sites where they have not yet been prepared. Residual impacts are potential impacts that are not fully mitigated through the application of avoidance, minimization, and BMPs as described in Chapter 7. Depending on the maintenance site and existing resource conditions, sediment removal, culvert repair/replacement activities, and vegetation management activities may result in residual temporary and/or permanent impacts on riparian habitat and waters of the U.S. and/or state. As described in Section 4.1.2, riparian habitats in the Maintenance Program area consist of vegetation and trees along streams including but not limited to willows, coast live oaks, valley oak trees, Fremont cottonwood, Oregon ash, walnuts, and California buckeye (see Section 4.1.2 for additional detail). As directed by regulatory agencies, potential impacts to these resources may require compensatory mitigation. The following maintenance activities would potentially require compensatory mitigation due to the loss of trees, wetlands, and other jurisdictional waters:  Loss of riparian vegetation (e.g., live willows, coast live oak trees, Fremont cottonwood, etc.) where habitat recovery would take longer than 1-year to establish would be mitigated for the temporal loss in habitat function between the time of maintenance impacts and the time of habitat recovery. In general, live native trees larger than 6 inches in diameter-at-breast-height (dbh) require replacement at a 3:1 ratio and live non-native trees larger than 6 inches dbh require replacement at a 1:1 ratio.  Temporary impacts to live vegetated wetlands due to removal of sediment supporting wetland vegetation; or other impacts requiring mitigation due to sediment removal.  Permanent hardening of the channel due to placement of rip-rap and concrete for culvert repairs/replacement could result in the permanent loss of vegetation and reduction in open channel area and subsequently result in fill of waters of the U.S. and State. Note that the frequency of maintenance activities that result in the permanent hardening of the channel is very low because most of the existing culvert inlets and outlets are currently surrounded by concrete or riprap and the great majority of maintenance work will replace in- kind, not expand existing hardened areas. However, if culvert upsizing is necessary permanent Contra Costa County Routine Maintenance Manual Chapter 8. Program Mitigation Contra Costa County Public Works Department October 2020 8-3 impacts may result associated with added length of pipe, and/ or headwalls, endwalls, or scour protection. The compensatory mitigation approach for the Maintenance Program utilizes a combination of options. There are no wetland mitigation banks in Contra Costa County. As described in the following sections, three mitigation approaches may be used singularly or in combination to compensate for residual and permanent impacts. Section 8.4 describes on-site and off-site mitigation opportunities for addressing impacts to riparian habitat, wetlands and other waters, and live trees. Section 8.5 describes mitigation opportunities that involve the County partnering with other local watershed organizations. Timing of Mitigation Under the Maintenance Program, on April 1st each year, the County would prepare an annual notification report summarizing all proposed maintenance activities for the given year. As discussed in Chapter 9, the notification report will summarize anticipated impacts on wetlands and waters of the U.S. and state, riparian resources, and federally and state listed species. The annual report will describe avoidance and minimization measures, BMPs, and mitigation that would be provided to offset the Program’s permanent impacts to wetlands/waters, riparian resources, and special-status species. The impact tiering approach described in Chapter 1 would be applied to classify the types of impacts to federally or state listed species anticipated to occur at each maintenance site. This approach would be used to determine which BMPs may be applicable at each maintenance site. Compensatory mitigation for residual impacts to waters of the U.S. would be provided in accordance with the United States Army Corps of Engineers (USACE) South Pacific Division’s “Final 2015 Regional Compensatory Mitigation and Monitoring Guidelines,” the “Compensatory Mitigation Site Protection Instrument Handbook for the Corps Regulatory Program” (Institute for Water Resources [IWR] 2016a), and “Implementing Financial Assurance for Mitigation Project Success” (IWR 2016b), the most recent guidance provided by the USACE. The USACE’s 2015 Regional Compensatory Mitigation and Monitoring Guidelines, for instance, indicates that the hierarchy for preferred mitigation approaches is: mitigation banks, in-lieu fee programs, and permittee-responsible mitigation in consideration of a watershed approach. Mitigation for impacts to waters of the state will occur in accordance with the 401 water quality certification and waste discharge requirements for the Maintenance Program. On-Site and Off-Site Mitigation to Address Impacts to Riparian Habitat, Wetlands and Jurisdictional Waters, and Trees For routine maintenance activities in natural and earthen channels that impact live trees, riparian habitat, wetlands or other jurisdictional waters, the preferred mitigation approach is to provide on-site mitigation. When possible, mitigation to address these types of maintenance impacts will be implemented on-site at the specific project reach to the extent feasible. The goal of on-site mitigation is to restore or enhance the beneficial uses and ecological functions and Chapter 8. Program Mitigation Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 8-4 October 2020 values at the project site. Where opportunities exist, on-site mitigation will include ecological enhancement benefits such as invasive species removal and riparian planting. In addition, the County will also evaluate future localized improvements that may alleviate the future need for maintenance at certain locations (e.g., evaluating improvements that would prevent sediment deposition in channels). On-site mitigation is evaluated and designed to address impacts in the immediate maintenance activity area. The general approach is to restore or enhance habitat that is affected by the vegetation and tree management activities in the same reach in which the disturbance has occurred. While mitigation targets will be sought based on in-kind or ecosystem functions, it is important to recognize that due to the constraints of a particular site (e.g., concrete-lined channel), such functions may not be the most appropriate targets for restoration or enhancement activities. In such instances, the County may seek to conduct channel restoration or enhancement activities at an off-site location within same watershed where impacts occur. Alternate off-site mitigation sites would be identified in the County’s annual notification reports. The following sub-sections describe mitigation options that can be completed at either an on- site or off-site location to address Program impacts to riparian habitat, trees, wetlands and other jurisdictional waters. 8.4.1 Invasive Species Plant Removal The County conducts non-native plant removal as part of the Maintenance Program to improve resource conditions along the flood control channels. As described in Chapter 6, Vegetation Management, this activity is conducted to provide resource benefits of removing invasive species and supporting a healthy native riparian corridor. This type of activity can serve as mitigation for impacts on aquatic habitat, for example, due to the temporal loss of habitat function between the time of maintenance work and natural vegetation recovery, or the loss of riparian habitat due to other vegetation management activities, or the placement of rock or riprap fill. This work is conducted in areas where non-native plants are reducing the success of native vegetation. Since the Contra Costa County Flood Control and Water Conservation District (District) can only address a certain number of sites in a given year and may not have enough resources to address all prioritized maintenance sites; the District could conduct a larger-scale invasive plant removal project at, or in the vicinity of, maintenance activities that result in impacts to aquatic habitat to provide suitable mitigation. Such mitigation activities could include the targeted removal of invasive plants such as Himalayan blackberry (Rubus armeniacus), French broom (Genista monspessulana), and Cape ivy (Delairea odorata). The removal of invasive and exotic species provides more room for desirable native species to establish. An increase in abundance of native vegetation over non- native vegetation improves overall riparian health. For example, native vegetation can provide more habitat opportunities to insects and birds that show preferential treatment for use of native plant species. Removing exotic species also helps prevent the monoculture common to areas dominated with exotics. When non-native vegetation is removed, the channels of the Program Area can support a more diverse set of species including insects, birds, small mammals, amphibians, and reptiles. Contra Costa County Routine Maintenance Manual Chapter 8. Program Mitigation Contra Costa County Public Works Department October 2020 8-5 Monitoring for invasive and exotic plant removal will include tracking the number of invasive or exotic trees removed, length of channel of removal activities, area of removal activities for shrub or ground-cover species, observing whether recolonization of invasive plants occurs after removal, and documenting the annual cost for invasive and exotic removal. 8.4.2 On-Site or Off-Site Planting Riparian planting either in the vicinity of the maintenance site or at an off-site location could be conducted to mitigate the Program’s impacts to riparian habitats and tree removal impacts. If the area where maintenance activities is planned to occur already has sufficient planting, would not support planting, or planting could inhibit the County’s ability to maintain its flood control facilities (e.g., access roads), then riparian planting could be conducted at another flood channel, or suitable watershed or off-site stream location. Tree planting may occur in strategic areas where tules and cattail are prevalent in effort to shade out this vegetation type. All riparian planting work at on-site and off-site locations would consist of installing native trees and/or shrubs. The objective of the mitigation planting is to enhance the complexity and diversity of the riparian canopy cover, improve channel shading, and develop a functioning understory along the channels that are currently devoid of vegetation or dominated by non-native species. As discussed in Chapter 6, Vegetation Management, the County would only remove a mature and healthy tree if it is creating a specific flow hazard or creates unacceptably high hydraulic roughness in the channel and the situation cannot be fixed by limbing or pruning. Consistent with the County’s Routine Maintenance Agreement with California Department of Fish and Wildlife (CDFW), the County would provide on-site or off-site tree planting to mitigate for native tree removal impacts. Replacement of removed native trees would be planted at a 3:1 ratio (replacement trees to removed trees), and non-native trees would be replaced at a 1:1 ratio. 8.4.3 Channel Restoration Opportunities The County may consider conducting restoration or enhancement activities along natural or modified earthen channels within their jurisdiction. As an example, based on a reconnaissance field visit conducted by Horizon on December 1, 2017, one creek that could benefit from restoration work is Green Valley Creek in Danville. The reach between Diablo Road and the pedestrian bridge at Highbridge Lane (approximately 1,500 feet long) is an earthen trapezoidal channel and traverses through a low-density residential neighborhood. This site is also listed as a routine maintenance site in Chapter 1, Table 1-3. At the time of the field visit, portions of the channel bank were incised and slumping was evident along the north (right) bank, which abuts the fence line of several residential properties. Currently, the primary maintenance activity conducted along this reach is limited to mowing along the maintenance road. Since adequate access to this channel reach is available and there is sufficient space, this reach could potentially benefit from restoration activities including biotechnical bank stabilization repairs and riparian planting. Biotechnical approaches may include installation of brush walls, willow planting, brush layering, among other options. Such work would not only address erosion and water quality issues due to sedimentation but depending on the plant selection, riparian plantings could Chapter 8. Program Mitigation Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 8-6 October 2020 provide additional riparian canopy cover and improve channel shading for aquatic species. Another example of a potential channel restoration opportunity is planting trees along the riparian corridor of Pinole Creek. Tree plantings would help shade out emergent vegetation in the channel, reduce growth of weedy plant species, and reduce the frequency of vegetation management activities while improving the aesthetics of Pinole Creek. However, any tree planting would need to be evaluated for potential loss of conveyance capacity and increased roughness and whether the channel can accommodate such changes. Note that if the County determines that these identified sites would not be suitable for channel restoration opportunities, then the County will identify other potential sites during the annual notification process. Partner with Local Watershed Organizations An additional opportunity to provide mitigation for routine maintenance activities includes partnering with local Contra Costa County-based watershed, stewardship, or non-profit organizations that lead or coordinate habitat restoration or watershed improvement projects, including biotechnical bank stabilization projects. The County can assist such organizations through funding off-site watershed restoration projects that improve water quality and restore habitats and ecosystem projects in Contra Costa County. By doing so, the County can provide locally based mitigation to offset residual impacts associated with the Maintenance Program. As an option, the County could form a Watershed Grant Program to fund and implement projects collaboratively with local non-profit groups and the Contra Costa Resource Conservation District (RCD). The County could also partner with other local agencies or volunteer groups that are part of the Contra Costa Watershed Forum (CCWF) on creek protection and other watershed improvement projects. The CCWF is an open committee comprised of up to 50 organizations and the County is a participant as well. The County could provide financial support for CCWF programs including Volunteer Creek Monitoring and Creek Signage. In addition, the County could provide funding to the Students and Teachers Restoring a Watershed (STRAW) program, which includes a network of teachers, students, restoration specialists and community members that plan and implement watershed restoration projects. In the Bay Area, the organization Point Blue spearheads a STRAW Program in which approximately 3,500 students participate in roughly 50 restoration work days each year (Point Blue 2017). To provide mitigation for the Maintenance Program’s impacts to wetlands and jurisdictional waters, the County could help fund this program. The County has a successful track record of coordinating with local agencies to implement watershed projects. The County recently contributed funds to the Ellinwood Creek Restoration Project led by Agricultural Natural Resources Trust. Contributing funds to this project served as mitigation credit for the County’s impacts to wetlands and waters as a result of their routine maintenance activities conducted in the fall of 2016. Contra Costa County Routine Maintenance Manual Chapter 8. Program Mitigation Contra Costa County Public Works Department October 2020 8-7 Alternatively, the County could contribute funds or conduct feasibility studies to further advance the District’s Lower Walnut Creek Restoration Project, a larger restoration project that overlaps the Maintenance Program area. Although in the planning phase, the District’s long-term vision is to restore and enhance tidal wetlands along the southern shore Suisun Bay and from Suisun Bay upstream along Walnut Creek and Pacheco Creek, to provide sustainable flood protection and to create opportunities for future public access along these creek reaches. A feasibility report was conducted in April 2017 by Environmental Science Associates, which includes breaching and lowering levees and berms to reintroduce the tides to diked former baylands, construct new setback levees for flood protection, and grade filled areas to create new tidal wetland areas. The County could help advance the Lower Walnut Creek Restoration Project by funding additional feasibility studies (if necessary) to provide mitigation credit for the Maintenance Program’s impacts to jurisdictional waters and wetlands. Mitigation Monitoring For any mitigation efforts that the County undertakes in support of the Maintenance Program, they will ensure adequate monitoring to document that the mitigation is operational and successfully providing the functions and values needed to offset potential program impacts. For County-led on-site and off-site mitigation projects (e.g., riparian planting), the County will be responsible for monitoring such projects for a period of at least 5 years depending on upon the type of mitigation project. Monitoring efforts will be conducted in accordance with success criteria (e.g., percent of plant survival), which will be established in future mitigation monitoring plans to be developed in order to offset the Maintenance Program’s impacts. For watershed partnering mitigation projects in which the County serves as a partner funding the mitigation through an agency like Contra Costa RCD, it’s anticipated that the local partner (RCD, Agriculture Natural Resources Trust, STRAW, or CCWF) will monitor and provide reporting on the site throughout the required monitoring period. While it’s the watershed partner’s responsibility to monitor site conditions, it will be the County’s responsibility to communicate monitoring results annually to regulators as part of the maintenance program’s reporting process. The annual notification and reporting actions are described in Chapter 9 in more detail. Specific details describing the monitoring responsibilities of the County will be included in each year’s annual notification and summary report of routine maintenance conducted. Chapter 8. Program Mitigation Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 8-8 October 2020 Page intentionally left blank Contra Costa County Public Works Department October 2020 9-1 Chapter 9 Program Tracking and Reporting This Chapter describes how the Contra Costa County Routine Maintenance Program (Maintenance Program or Program) will be implemented and administered by Contra Costa County (County). Routine maintenance activities, such as clearing localized debris or sediment in channels, managing vegetation along access roads and channels, and maintaining operations at various facilities (e.g., trash racks and subdrain vaults) represents the majority of the County’s maintenance activities. All maintenance activities utilize the appropriate programmatic impact avoidance, minimization, and mitigation measures described in Chapter 7 and 8 of the Contra Costa County Routine Maintenance Manual (Manual). Annual Maintenance Work Plan Notification In general, maintenance activities take place on an annual cycle, depending on whether they are non-ground disturbing activities or ground-disturbing activities. The relevant regulatory agencies are notified of the year’s planned maintenance activities in spring (April 15). Agency notifications provide information on project locations, activities, required surveys, any special impact avoidance measures or concerns, and any other key issues, including identifying any chronic sites and possible solutions to prevent the future incidence of maintenance. A Project Specific Notification will be prepared during the annual notification process for any maintenance projects that exceed the limits identified in Chapter 7 of the Manual, or are in other ways considered non-typical. However, these projects will be permitted under the RMP. 9.1.1 Non-ground-disturbing Maintenance Activities Above OHWM and Minor Maintenance Activities Aside from vegetation management activities, non-ground-disturbing maintenance activities along roads and outside of the top of bank that do not involve wetlands, channels, or minor maintenance activities outside of the channels (e.g., fence repair) may occur year-round. Minor maintenance activities that occur within the channel such as flap gate maintenance, trash rack clearing, and graffiti removal may also occur year round. In general, the County assesses flood control facilities and vegetation conditions along facilities in January and February. In March, the County prioritizes their maintenance needs. Between April and November, the County conducts necessary pre-maintenance resource surveys and the majority of planned maintenance activities. Non-ground-disturbing maintenance activities occur at various times of the year. Mowing would be completed between April and November, and trimming work would be conducted as necessary. Note that other vegetation management activities like herbicide application may occur during winter, spring and fall. For activities that occur in early spring (prior to April), a reconnaissance evaluation will be conducted earlier in the winter months. For cattail removal and herbicide application work that occurs in the fall, a reconnaissance evaluation may occur annually in the spring or summer months. Erosion Chapter 5. Flood Control Facility Maintenance Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 9-2 October 2020 protection treatments may also be installed year-round and are temporary. The County will provide photographs of the temporary erosion protection treatments in the annual notification report, described in detail below. 9.1.2 Ground-disturbing Maintenance Activities and Other Vegetation Management Activities Below OHWM For maintenance activities that involve ground disturbance or work below the ordinary high water mark (OHWM), such as sediment removal, the County will conduct a maintenance evaluation at each facility during the later winter season (typically January and February depending on the year). This category of activities also includes culvert repair, basin clearing, and herbicide application for aquatic vegetation. In the event that trash racks are completely dry, however, debris clearing work may fall under the “non-ground-disturbing activities” category described in Section 9.1.1, above. During the maintenance assessment, for sites where resource characterization sheets have been prepared (included in Appendix D), these sheets will be reviewed for accuracy, referenced in the field if a site visit is necessary, updated as appropriate. Resource characterization sheets will be prepared for sites where a sheet has not yet been prepared as part of the maintenance assessment and annual notification process. The history of past maintenance activities and specific resource conditions at individual facilities and channel reaches will be reviewed as maintenance tasks are identified and prioritized. During February and March, an annual maintenance work plan will be developed for ground-disturbing and other vegetation management activities planned to occur near or within County channels based on the assessment and prioritization process. The number of projects prioritized for the annual work plan will be dependent on factors such as the climatic and hydrologic conditions of the current and preceding year. Projects marked as low priority and not included in the current year’s work plan will be noted for inspection and reassessment during the next annual work cycle. As appropriate, regulatory agencies would be notified of the planned ground-disturbing maintenance activities by April 15 or earlier. Most ground disturbing maintenance activities planned to occur below the OHWM would generally occur between June 15 and October 31. However, aquatic herbicide application activities planned to occur in the spring (as early as April) would require notifying regulatory agencies by February/March. Table 1-2 in Chapter 1 shows the subset of facilities where maintenance is anticipated to be routine and expected to occur at a higher frequency than other sites. For ground-disturbing activities occurring in earthen channels or basins, potential constraints will be identified that might complicate maintenance activities. For example, narrow access, the presence of infrastructure such as pipelines or road crossings, the presence of threatened or endangered species, and structural facility issues could all influence the maintenance approach. The annual maintenance work plan for ground-disturbing and other vegetation management activities near creeks or wetlands will identify the necessary impact avoidance measures. Following identification of the treatment approach, activity-specific best management practices (BMPs) will be identified from among the practices listed in Table 7-2. Contra Costa County Routine Maintenance Manual Chapter 5. Flood Control Facility Maintenance Contra Costa County Public Works Department October 2020 9-3 All maintenance activities (both non-ground-disturbing activities and ground-disturbing activities) will utilize appropriate program-wide BMPs for impact avoidance and minimization as identified in Chapter 7. The County will oversee the maintenance program throughout all steps of the work cycle. Continuity in oversight and attention will enable the program to run effectively. The County’s maintenance manager’s primary responsibility will be to supervise and guide the maintenance program. The maintenance manager will be responsible for providing communication and coordination between the County and the relevant regulatory agencies throughout all steps of the work cycle. The program will be administered to be consistent with the goals, principles, and activities described in this Manual. 9.1.3 Agency Notification By April 15 of each year, the County will notify the relevant regulatory agencies that have jurisdictional authority over or oversight of the year’s planned maintenance projects that are occurring in channels basins, or other facilities that involve ground-disturbing activities. An example template of a typical annual notification report is provided in Appendix F. The relevant regulatory agencies will be provided with information describing proposed maintenance activities; locations; natural resource conditions; a summary of expected impacts to jurisdictional waters, riparian habitat, and/or special-status species, summary of annual mitigation needs (if required); and any other key resource issues. The impact tiering approach described in Chapter 1 would be applied to classify the types of impacts to federally or state listed species anticipated to occur at each maintenance site. The annual notification report will include an explanation of the need for conducting the routine maintenance activity, such as providing adequate conveyance capacity in a channel or providing necessary routine maintenance to maintain County facilities. For maintenance activities planned in East County, the County would comply with authorizations for the Habitat Conservation Plan/Natural Community Conservation Plan including the United States Army Corps of Engineers (USACE) regional general permits (Permit No. SPK-2001-00147). The County would submit an application form and planning survey report to the East Contra Costa County Habitat Conservancy regarding all maintenance activities proposed in East County. The County anticipates submitting a separate notification to the USACE for East County maintenance activities planned to occur below the OHWM. If requested, the County will host a tour of the identified maintenance sites. Following regulatory review and coordination, ground-disturbing projects will be implemented between June 15 and October 31, with summary reporting activities occurring in the late fall as described below. 9.1.4 Project Implementation After the County submits the agency notification report to the relevant regulatory agencies and once the County receives a notice to proceed from the relevant regulatory agencies, regulated maintenance activities may be initiated. Maintenance activities that do not require a notice to Chapter 5. Flood Control Facility Maintenance Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 9-4 October 2020 proceed from regulatory agencies (e.g., non-disturbing maintenance activities) may move forward. Ground disturbing maintenance work below the OHWM in channels, basins, or other facilities would take place after June 15. All maintenance activities will be conducted in accordance with the project description, program-wide and activity-specific BMPs, and terms of the maintenance permits. This includes conducting any necessary pre-activity surveys for fish, wildlife, and other resources, if activities may affect these resources. An on-site project supervisor trained in using the Maintenance Manual will oversee and guide all maintenance activities and ensure that the proper maintenance principles and avoidance and minimization approaches, as described in Chapter 7, are employed. As described above, some vegetation management activities must take place early in the work season (e.g., mowing, tree trimming and pruning), before the fuel is too dry and the fire ignition risk increases. Fuel and vegetation management activities (including weed and brush control) that are not subject to regulatory approvals may be conducted as early as April/May. As previously described, other minor maintenance activities and herbicide application activities that occur above OHWM may occur during both spring and fall. During implementation of maintenance activities, if an issue arises that requires a different treatment or approach than that described in the notification package, the County’s maintenance manager will send an updated notification to the relevant agencies with this project change. When maintenance projects are implemented, data will be collected to summarize pre and post- maintenance conditions. Data to be collected include site photographs taken before, during, and after sediment removal, erosion protection, basin maintenance, or other vegetation management sites; quantification of material removed (for sediment removal projects) or placed (for any erosion protection projects); the length and area of vegetation maintenance activities (e.g., herbicide application, tree trimming); amounts and type of herbicides used; and the location or occurrence of any sensitive species or other resources encountered at the site during pre-activity surveys or project implementation. Monitoring data will be collected within 10 working days of the completion of maintenance activities at each site. Annual Maintenance Summary Report At the conclusion of the maintenance season (generally after October 31 and before January 31), the County will prepare and submit to the relevant regulatory agencies an annual summary report describing the work plan status and confirm which maintenance activities were completed. The report will comply with permitting requirements issued by the relevant regulatory agencies and may include the following information:  Project identification or creek name.  Description of the extent to which the work plan was completed during the maintenance season (i.e., activities that were and were not implemented) and, for any activities that were not implemented, a brief explanation of why, and whether the maintenance activity will be incorporated into the next year’s work plan or placed on a watch list; Contra Costa County Routine Maintenance Manual Chapter 5. Flood Control Facility Maintenance Contra Costa County Public Works Department October 2020 9-5  Site photographs taken before and after project completion;  A record, if applicable, of how much sediment and vegetation was removed and the number of acres affected;  A record, if applicable, of how much material was disposed of off-site, the disposal locations, and the approximate footprint area affected;  Documentation of habitat assessment(s) completed prior to and/or during construction;  Description of whether any special-status species or other sensitive resources were encountered during construction and, if so, what impact avoidance steps were taken in response;  A brief description of site monitoring activities; and  Recommended updates (if any) to the program BMPs. Overall Program Work and Mitigation Tracking At the end of the annual work cycle, the County will update the maintenance database and the BMP list (Table 7-2), as appropriate, to include any updates or changes made over the recent work cycle. By doing so, development of the next year’s work plan will be built on updated information across the Maintenance Program area. Contra Costa County Public Works Department October 2020 9-6 Page intentionally left blank Contra Costa County Public Works Department October 2020 10-1 Chapter 10 References Chapter 1 Introduction No references cited. Chapter 2 Regulatory Framework USACE. See U.S. Army Corps of Engineers. U.S. Army Corps of Engineers. 1987. Corps of Engineers Wetland Delineation Manual. Available: www.cpe.rutgers.edu/Wetlands/1987-Army-Corps-Wetlands-Delineation-Manual.pdf. Accessed May 4, 2018. U.S. Army Corps of Engineers. 2008. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0). September. Chapter 3 Physical Setting Brown and Caldwell. 2011. Final: City of Antioch 2010 Urban Water Management Plan (UWMP). Prepared for City of Antioch, CA. June 27. www.water.ca.gov/urbanwatermanagement/2010uwmps/ Antioch, City of/Final Antioch 2010 UWMP - 06.27.11.pdf. Accessed August 11, 2016. California Department of Fish and Wildlife. 2016. California Natural Diversity Data Base. Biogeographic Data Branch. Sacramento, California. February 2016 update. California Department of Water Resources. 2004a. Santa Clara Valley Groundwater Basin, East Bay Plain Subbasin. California’s Groundwater Bulletin 118. February. www.water.ca.gov/groundwater/ bulletin118/index.cfm. Accessed August 11, 2016. California Department of Water Resources. 2004b. Santa Clara Valley Groundwater Basin, East Bay Plain Subbasin. California’s Groundwater Bulletin 118. February. www.water.ca.gov/groundwater/ bulletin118/index.cfm. Accessed August 11, 2016. California Department of Water Resources. 2004c. Santa Clara Valley Groundwater Basin, East Bay Plain Subbasin. California’s Groundwater Bulletin 118. February. www.water.ca.gov/groundwater/ bulletin118/index.cfm. Accessed August 11, 2016. California Department of Water Resources. 2004d. Santa Clara Valley Groundwater Basin, East Bay Plain Subbasin. California’s Groundwater Bulletin 118. February. www.water.ca.gov/groundwater/bulletin118/index.cfm. Accessed August 11, 2016. California Department of Water Resources. 2004e. Santa Clara Valley Groundwater Basin, East Bay Plain Subbasin. California’s Groundwater Bulletin 118. February. www.water.ca.gov/groundwater/ bulletin118/index.cfm. Accessed August 11, 2016. California Department of Water Resources. 2013. Volume 2 – Regional Reports, Sacramento River Hydrologic Region, Sacramento-San Joaquin Delta (Overlay Area), and San Joaquin River Chapter 10. References Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 10-2 October 2020 Hydrologic Region. In California Water Plan Update 2013: Investing in Innovation & Infrastructure. www.waterplan.water.ca.gov/cwpu2013/final/index.cfm. Accessed August 11, 2016. California Department of Water Resources. 2016. Groundwater Information Center, Interactive Map Application. Last update May. gis.water.ca.gov/app/gicima/. Accessed August 11, 2016. California Geological Survey. 1975. Landslide Map: Cities of El Cerrito, Richmond, and San Pablo. Preliminary Report 19, Plate 6. Compiled by R.D. Knox and C.C. Bishop. maps.conservation.ca.gov/cgs/informationwarehouse/index.html?map=mlc. Accessed August 11, 2016. California Geological Survey. 1981. Geologic Map of Sacramento Quadrangle, California, 1:250,000. Map No. 2A. Compilation by D.L. Wagner and E.J. Bortugno. www.quake.ca.gov/gmaps/RGM/ santarosa/santarosa.html. Accessed August 11, 2016. California Geological Survey. 1982. Geologic Map of Santa Rosa Quadrangle, California, 1:250,000. Map No. 1A. Compilation by D.L. Wagner, C.W. Jennings, T.L. Bedrossian, and E.J. Bortugno. www.quake.ca.gov/gmaps/RGM/sacramento/sacramento.html. Accessed August 11, 2016. California Geological Survey. 1991. Geologic Map of the San Francisco – San Jose Quadrangle, California, 1:250,000. Map No. 5A. Compilation by D.L. Wagner, E.J. Bortugno, and R.D. McJunkin. www.quake.ca.gov/gmaps/RGM/sfsj/sfsj.html. Accessed August 11, 2016. California Geological Survey. 1995. Landslide Hazards in the Martinez-Orinda-Walnut Creek Area, Contra Costa County, California. Landslide Hazard Identification Map No. 32. Compiled by Wayne D. Haydon. maps.conservation.ca.gov/cgs/informationwarehouse/index.html?map=mlc. Accessed August 11, 2016. California Geological Survey. 2010. Geologic Data Map No. 6. Compilation and Interpretation by: Jennings, C.W. and W.A. Bryant. maps.conservation.ca.gov/cgs/fam/. Accessed August 11, 2016. CCD. See Contra Costa County Community Development Department. CCWD. See Contra Costa Water District. CDFW. See California Department of Fish and Wildlife. Central Valley Regional Water Quality Control Board. 2016. Water Quality Control Plan for the Sacramento and San Joaquin River Basins (Basin Plan). Adopted through April. www.waterboards.ca.gov/ centralvalley/water_issues/basin_plans/. Accessed August 11, 2016. CGS. See California Geological Survey. Contra Costa County Community Development Department. 2004. Contra Costa County Watershed Atlas. cocowaterweb.org/wp-content/uploads/Watershed-Atlas.pdf. Accessed August 11, 2016. Contra Costa County Department of Conservation and Development. 2005. Contra Costa County General Plan 2005-2020. January. Contra Costa County Routine Maintenance Manual Chapter 10. References Contra Costa County Public Works Department October 2020 10-3 Contra Costa Water District. 2016. Los Vaqueros Project History. www.ccwater.com/435/Los-Vaqueros- Project-History. Accessed August 11, 2016. CVRWQCB. See Central Valley Regional Water Quality Control Board. DWR. See California Department of Water Resources. East Bay Regional Park District. 2016. Concord Hills Regional Park – Creating a World Class Regional Park on a Former Military Base. www.ebparks.org/about/planning/cnws. Accessed August 11, 2016. EBRPD. See East Bay Regional Park District. Lafayette Chamber of Commerce. 2016. Lafayette Reservoir fact sheet. www.lafayettechamber.org/ community/lafayette-reservoir/. Accessed August 11, 2016. Mount Diablo Interpretive Association. 2016. Guide to the Geology of Mount Diablo State Park. https://www.mdia.org/guide-to-mount-diablo-geology. Accessed August 11, 2016. Natural Heritage Institute. 2003.The Past and Present Condition of the Marsh Creek Watershed. November. Natural Resources Conservation Service. 2016. Web Soil Survey. Online mapping tool. websoilsurvey.sc.egov.usda.gov/. Accessed August 11, 2016. NRCS. See Natural Resources Conservation Service. San Francisco Bay Regional Water Quality Control Board. 2005. Diazinon and Pesticide-Related Toxicity in Bay Area Urban Creeks: Water Quality Attainment Strategy and Total Maximum Daily Load (TMDL). Proposed Basin Plan Amendment and Staff Report. www.waterboards.ca.gov/ sanfranciscobay/water_issues/programs/TMDLs/urbancrksdiazinontmdl.shtml. Accessed August 11, 2016. San Francisco Bay Regional Water Quality Control Board. 2015. Water Quality Control Plan (Basin Plan) for the San Francisco Bay Basin. Adopted through March. www.waterboards.ca.gov/ sanfranciscobay/basin_planning.shtml. Accessed August 11, 2016. San Francisco Estuary Institute. 2001. Wildcat Creek Watershed: A Scientific Study of Physical Processes and Land Use Effects. Produced by Collins, LM; Grossinger, RM; McKee, LJ; Riley, A; and Collins, JN. June. www.sfei.org/wildcatcreeklandscapehistory. Accessed August 11, 2016. SFBRWCQB. See San Francisco Bay Regional Water Quality Control Board. SFEI. See San Francisco Estuary Institute. State Water Resources Control Board. 2012. Final 2012 California Integrated Report (Clean Water Act Section 303(d) List / 305(b) Report). www.waterboards.ca.gov/sanfranciscobay/water_issues/ programs/TMDLs/303dlist.shtml. Accessed August 11, 2016. SWRCB. See State Water Resources Control Board. Chapter 10. References Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 10-4 October 2020 U.S. Fish and Wildlife Service. 2012. Antioch Dunes: About the Refuge. Last updated August 15. www.fws.gov/refuge/Antioch_Dunes/about.html. Accessed August 11, 2016. U.S. Geological Survey. 2016. StreamStats Interactive Map. water.usgs.gov/osw/streamstats/california.html. Accessed August 11, 2016. USFWS. See U.S. Fish and Wildlife Service. USGS. See U.S. Geological Survey. Western Regional Climate Center. 2016. Climate Summaries. Online database. www.wrcc.dri.edu/climate- summaries/. Accessed August 11, 2016. WRCC. See Western Regional Climate Center. Chapter 4 Biological Resources Becker, G. S., I. J. Reining, D. A. Asbury, and A. Gunther. 2007. San Francisco Estuary watersheds evaluation. Identifying promising locations for steelhead restoration in tributaries of the San Francisco Estuary. Center for Ecosystem Management and Restoration. Oakland, California. Benson, A.J., R.M. Kipp, J. Larson, and A. Fusaro. 2015. Potamopyrgus antipodarum. USGS Nonindigenous Aquatic Species Database, Gainesville, FL. nas.er.usgs.gov/queries/FactSheet.aspx?speciesID= 1008 Revision Date: 6/26/2014 Calflora. 2016. Berkeley, California: The Calflora Database. Available at hhtp://www.calflora.org/ Accessed: February 29, 2016. Cal-IPC. See California Invasive Plant Council California Department of Fish and Wildlife. 2016. California Natural Diversity Data Base. Biogeographic Data Branch. Sacramento, California. February 2016 update. California Invasive Plant Council. 2006. California Invasive Plant Inventory. February. Available at www.cal- ipc.org/ip/inventory/pdf/Inventory2006.pdf California Native Plant Society. 2016. Inventory of Rare and Endangered Plants (online edition, v8-01a). California Native Plant Society. Sacramento, CA. www.rareplants.cnps.org/ advanced.html. Accessed through February 2016. CDD. See Contra Costa County Community Development Department. CDFW. See California Department of Fish and Wildlife CNPS. See California Native Plant Society. Contra Costa County Community Development Department. 2004. Contra Costa County Watershed Atlas. cocowaterweb.org/wp-content/uploads/Watershed-Atlas.pdf. Accessed August 11, 2016. Contra Costa County Routine Maintenance Manual Chapter 10. References Contra Costa County Public Works Department October 2020 10-5 eBird. 2019. eBird: An online database of bird distribution and abundance [web application]. eBird, Cornell Lab of Ornithology, Ithaca, New York. Available: http://www.ebird.org. Accessed: Septmber 23, 2019. EBMUD. See East Bay Municipal Utility District. East Bay Municipal Utility District. 2006. Biological Resources Chapter. EBMUD Water Treatment and Transmission Improvements Program Environmental Impact Report. SCH # 2005092019. Griffiths, J. and F. Villablanca. 2015 Managing monarch butterfly overwintering groves: making room among the eucalyptus. California Fish and Game 101(1):40-50. Holland, R. 1986. Preliminary descriptions of the terrestrial natural communities of California. Unpublished document, California Department of Fish and Game, Natural Heritage Division. Sacramento, CA. Leidy, R.A., G.S. Becker, B.N. Harvey. 2005. Historical distribution and current status of steelhead/rainbow trout (Oncorhynchus mykiss) in streams of the San Francisco Estuary, California. Center for Ecosystem Management and Restoration, Oakland, CA. Leidy, R.A. 2007. Ecology, Assemblage Structure, Distribution, and Status of Fishes in Streams Tributary to the San Francisco Estuary, California. San Francisco Estuary Institute. Monroe, M., E. Pelton, C. Fallon, D. Frey, and S. Stevens. 2016. Western Monarch Thanksgiving Count Data from 1997–2015. Sawyer, J.O., T. Keeler-Wolf, and J.M. Evans. 2009. A Manual of California Vegetation. Second edition. California Native Plant Society Press. Sacramento, California. U.S. Fish and Wildlife Service. 2008. Lange’s metalmark butterfly (Apodemia mormo langei), Antioch Dunes evening-primrose (Oenothera deltoides subsp. howellii), Contra Costa wallflower (Erysimum capitatum var. angustatum). 5-Year Review: Summary and Evaluation. June. U.S. Fish and Wildlife Service. 2009a. Tiburon Mariposa Lily (Calochortus tiburonensis) Species Account. August. U.S. Fish and Wildlife Service. 2009b. Palmate-bracted bird’s-beak (Cordylanthus palmatus = Chloropyron palmatum), Five-year Review: Summary and Evaluation. June. Sacramento Fish and Wildlife Office. U.S. Fish and Wildlife Service. 2009c. Tiburon Jewelflower (Streptanthus niger) Species Account. November. U.S. Fish and Wildlife Service. 2009d. Bay checkerspot butterfly (Euphydryas editha bayensis) 5-Year Review: Summary and Evaluation. August. U.S. Fish and Wildlife Service. 2009e. Speyeria callippe callippe (Callippe Silverspot Butterfly), Five-year Review: Summary and Evaluation. August. Sacramento Fish and Wildlife Office. Chapter 10. References Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 10-6 October 2020 U.S. Fish and Wildlife Service. 2010a. Chorizanthe robusta var. robusta (Robust Spineflower) 5-Year Review. February. U.S. Fish and Wildlife Service. 2010b. Clarkia franciscana (Presidio clarkia) 5-Year Review. November. U.S. Fish and Wildlife Service. 2010c Acanthomintha obovata ssp. duttonii (San Mateo thornmint), Cirsium fontinale var. fontinale (fountain thistle), Pentachaeta bellidiflora (white-rayed pentachaeta) 5- Year Review. August. U.S. Fish and Wildlife Service. 2010d. San Bruno Elfin Butterfly (Callophrys mossii bayensis) and Mission Blue Butterfly (Icaricia icarioides missionensis) 5-Year Review. February. U.S. Fish and Wildlife Service. 2011. Marin Dwarf Flax (Hesperolinon congestum) 5-Year Review. September. U.S. Fish and Wildlife Service. 2012a. Castilleja affinis spp. neglecta (Tiburon paintbrush), Five-year Review: Summary and Evaluation. June. Sacramento Fish and Wildlife Office. U.S. Fish and Wildlife Service. 2012b. Sidalcea keckii (Keck’s Checkermallow), Five-year Review: Summary and Evaluation. June. Sacramento Fish and Wildlife Office. U.S. Fish and Wildlife Service. 2012c. Trifolium amoenum (Showy Indian Clover), Five-year Review: Summary and Evaluation. June. Sacramento Fish and Wildlife Office. U.S. Fish and Wildlife Service. 2012d. Conservancy Fairy Shrimp (Branchinecta conservatio), Five-year Review: Summary and Evaluation. June. Sacramento Fish and Wildlife Office. U.S. Fish and Wildlife Service. 2012e. Giant Garter Snake (Thamnophis gigas), Five-year Review: Summary and Evaluation. June. Sacramento Fish and Wildlife Office. Available at: ecos.fws.gov/docs/five_year_review/doc4009.pdf. U.S. Fish and Wildlife Service. 2016. IPaC Trust Resource Report. Contra Costa County Stream Maintenance Program. February. U.S. Forest Service. 2009. Vegetation Descriptions: Central Coast and Montane Ecological Province, CALVEG Zone 6. U.S. Forest Service. 2014. Existing Vegetation Database, Zones 5 and 6. CALVEG. McClellan, CA: USDA- Forest Service, Pacific Southwest Region. Accessed 11/17/15. U.S. Geological Survey. Nonindigenous Aquatic Species database. 2015. Available at nas.er.usgs.gov Accessed November 16, 2015. USFS. See U.S. Forest Service. USFWS. See U.S. Fish and Wildlife Service. USGS. See U.S. Geological Survey. Contra Costa County Routine Maintenance Manual Chapter 10. References Contra Costa County Public Works Department October 2020 10-7 Chapter 5 Culvert, Channel, and Flood Control Facility Maintenance No references cited. Chapter 6 Vegetation Management No references cited. Chapter 7 Maintenance Planning and Implementation: Impact Avoidance, Minimization Measures, and Best Management Practices (BMPs) Regional Water Quality Control Board. 2000. Draft Staff Report Beneficial Reuse of Dredged Materials: Sediment Screening and Testing Guidelines. May. RWQCB. See Regional Water Quality Control Board. Society of Vertebrate Paleontology. 1995. Conformable Impact Mitigation Guidelines Committee 1995. Chapter 8 Program Mitigation Environmental Science Associates (ESA). 2017. Lower Walnut Creek Restoration Project Feasibility Study Report. April. Prepared for Contra Costa Flood Control and Water Conservation District. ESA. See Environmental Science Associates. Institute for Water Resources (IWR). 2016a. Compensatory Mitigation Site Protection Instrument Handbook for the Corps Regulatory Program. July. Available: www.epa.gov/sites/production/files /2017-01/documents/site_protection_instrument_handbook_august_2016.pdf. Accessed November 16, 2017. Institute for Water Resources (IWR). 2016b. Implementing Financial Assurance for Mitigation Project Success. March. Available: www.epa.gov/sites/production/files/2017-01/documents/ financial_assurance_guide_update_march_2016.pdf. Accessed November 16, 2017. IWR. See Institute for Water Resources. Point Blue. 2017. STRAW Students and Teachers Restoring a Watershed. Available: www.pointblue.org/ our-science-and-services/conservation-science/conservation-training/straw-program/. Accessed November 28, 2017. San Francisco Estuary Institute (SFEI). 2016. Resilient Landscape Vision for Lower Walnut Creek – Baseline Information & Management Strategies. Available: www.sfei.org/sites/default/files/biblio_files/ Resilient Landscape Vision for Lower Walnut Creek.pdf. Accessed November 28, 2017. Chapter 9 Program Reporting No references cited. Chapter 10. References Contra Costa County Routine Maintenance Manual Contra Costa County Public Works Department 10-8 October 2020 This page intentionally left blank Appendix A CDFW Routine Maintenance Agreement State of California -The Natural Resources Agency DEPARTMENT OF FISH AND GAME Bay Delta Region 7329 Silverado Trail Napa,California 94558 (707)944-5520 www.dfg.ca.gov April 18,2011 EDMUND G.BROWN,JR.,Governor Julie Buren,Director and Chief Engineer Contra Costa County Public Works Department and Flood Control and Water Conservation District 255 Glacier Drive Martinez,CA 94553 Subject:Final Lake or Streambed Alteration Agreement Notification No.1600-2010-0367-R3 Routine Maintenance Agreement,Contra Costa County Dear Ms.Buren: Enclosed is the final Streambed Alteration Agreement ("Agreement")for Routine Maintenance,Contra Costa County ("Project").Before the Department may issue an Agreement,itmust comply with the California Environmental Quality Act ("CEQA").In this case,the Department,acting as a responsible agency,determined your project is exempt from CEQA and filed a notice of exemption ("NOE")on April 18,2011. Under CEQA,filing a NOE starts a 35-day period within which a party may challenge the filing agency's approval of the project.You may begin your project before the 35-day period expires if you have obtained all necessary local,state,and federal permits or other authorizations.However,jf you elect to do so,it will be at your own risk. If you have any questions regarding this matter,please contact Randi Adair,Environmental Scientist,at (707)944-5596 or radair@dfg.ca.gov. Sincerely, .s-~ttaA~ Scott Wilson Environmental Program Manager Bay Delta Region cc:vl"eigh Chavez Lieutenant Christensen Warden Kozicki Randi Adair C01iserving CaCifornia IS Wi{dCife Since 1870 t) ) ) CALIFORNIA DEPARTMENT OF FISH AND GAME BAY DELTA REGION 7329 SILVERADO TRAIL NAPA,CALIFORNIA 94558 (707)944-5520 WMN.DFG.CA.GOV STREAMBED ALTERATION AGREEMENT NOTIFICATION No.1600-2010-0367-R3 Various Sites CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT AND FLOOD CONTROL AND WATER CONSERVATION DISTRICT ROUTINE MAINTENANCE AGREEMENT,CONTRA COSTA COUNTY This Streambed Alteration Agreement (Agreement)is entered into between the California Department of Fish and Game (DFG)and Contra Costa County Public Works Department and Flood Control and Water Conservation District (Permittee)as represented by Julie Buren. RECITALS WHEREAS,pursuant to Fish and Game Code (FGC)section 1602,Permittee notified DFG on November 5,2010 that Permittee intends to complete the project described herein. WHEREAS,pursuant to FGC section 1603,DFG has determined that the project could substantially adversely affect existing fish or wildlife resources and has included measures in the Agreement necessary to protect those resources. WHEREAS,Permittee has reviewed the Agreement and accepts its terms and conditions,including the measures to protect fish and wildlife resources. NOW THEREFORE,Permittee agrees to complete the project in accordance with the Agreement. PROJECT LOCATION This Agreement authorizes routine maintenance activities at flood control facilities in Contra Costa County that fall under the jurisdiction and responsibility of Permittee. Flood control facility locations are shown in Exhibit A. PROJECT DESCRIPTION Permittee proposes to conduct routine stream and channel maintenance activities in Contra Costa County at work sites to be specified in semiannual notification reports. "Routine maintenance activities"are generally defined as periodic activities necessary Notification #1600-2010-0367 -R3 Streambed Alteration Agreement Page 2 of 27 to maintain the water transport capacity of streams and channels and the structural and functiqning integrity of existing fiood control and sediment detention structures on or affecting streams.Refer to Exhibit B for definitions of other terms used in this Agreement. Routine maintenance activities authorized under this Agreement include clearing of debris from existing culverts,minor vegetation removal,debris removal in streams sufficient to restore water fiow,bank stabilization and erosion control using bio- engineered techniques,and removal of hazardous man-made structures from water bodies for public safety and habitat improvement.These activities are described in more detail below. The activities authorized in this Agreement are categorized as "seasonal activities", defined as activities that shall be conducted only between April 15 and October 31,and "year-round activities",activities that may be conducted throughout'the year. Seasonal Activities' Sediment Removal Removal of sediment from natural channels for the purpose of minimizing fiood risk.Limit:50 linear feet per channel reach (see definitiol')in Exhibit B)with a cumulative annual total of 500 feet per stream (including tributaries). Removal of sediment from engineered earthen channels for the purpose of minimizing fiood risk.Limit:100 linear feet per channel reach with a cumulative annual total of 1,000 linear feet per stream. Removal of sediment from concrete-lined channels for the purpose of minimizing fiood risk.Limit:500 linear feet per channel reach with a cumulative annual total of 6,000 linear feet per stream. Removal of sediment around facilities such as bridges,culverts,storm drain outlets,trash racks,total trash capture devices,and water diversion inlets for the purpose of minimizing fiood risk.This includes removal of up to 50 cubic yards of sediment affecting up to 50 linear feet in natural channels and 100 linear feet in engineered earthen and concrete-lined flood control channels. Removal of sediment from engineere9 in-channel siltation basins. Vegetation Management Limbing,trimming,cutting and removing vegetation within the channel above the ground by hand or low-impact mechanical means.Vegetation control methods include hand removal or pruning of aquatic and terrestrial woody vegetation by use of loppers,hand saws,chainsaws,weed eaters and other hand-held tools; and repeat disturbance by mowing or mulching of woody vegetation. '7. r) ) .l .J Notification #1600-201 0-0367 -R3 Streambed Alteration Agreement Page 3 of 27 Selective removal of vegetation in accordance with a vegetation management plan developed specifically for that specific water body or channel reach,and designed to optimize the habitat value of appropriate vegetation cover types (including implementation of a Corps Operations and Maintenance [O&M] Manual). Non-structural creek or riparian habitat enhancement projects,including eradication of exotic species,enhancement of fish and wildlife habitat,and routine maintenance of riparian enhancement projects (pruning,replanting,new planting,irrigation maintenance). Vegetation control by application of herbicides,limited to herbicides registered for use by Cal EPA for the intended target,location and climatic conditions.Any herbicide applied directly to or adjacent to water (where the application could drift into a waterbody)will be approved for aquatic environments. Use of grazing animals to manage streambank vegetation and cattails. Maintenance,Repair,Rehabilitation and Replacement of Structures Minor maintenance,repair or rehabilitation of flood control structures such as weirs or gates,tidegates,flapgates,diversion structures,trash racks,total trash capture devices,stream gauge structures,fish ladders,fish screens,grade control structures,energy dissipaters,utility line crossings,bridge structures, culverts,bank protection,oullalls,stormdrain or pump station inleVoutlet structures,and piers and pilings.These activities will be limited to work performed with hand tools and equipment positioned outside of the stream channel.There will be no net increase in the size of structural features. Maintenance or repair of engineered silt basins,debris basins,groundwater recharge basins,flood attenuation basins and retention basins,including basins with earth sides and bottoms,and basins lined with hard lining materials. In-kind replacement of small structural features 1 such as trash racks,stream gauge structures,stormdrains,pump stations,weirs,tidegates,flapgates,energy dissipaters,diversion structures,culverts,outfalls,piers,pilings,revetments, footings and utility lines.In-kind replacement of structural features is subject to a separate 1600 agreement and further environmental review if there is a reasonable possibility that the project will have a significant impact on the environment (refer to CEQA Guidelines section 15300.2). Bank Stabilization Activities In-kind repairs of concrete-lined channels. In-kind replacement must qualify for a categorical exemption under CEQA Guidelines sections 15300 et.seq. Nolificalion #1600-2010-0367 -R3 Sireambed Alteration Agreement Page 4 of 27 Repair or replacement of bank stabilization structures with in-kind structures or materials or with less hardened alternatives (i.e.,replacement of rip-rap with in- kind rip-rap,or with vegetated rip-rap,vegetated earthen banks,or biotechnical alternatives such as wooden crib walls). Stabilization of channel banks where failing banks are composed of earthen materials,and the stabilization activity uses biotechnical stabflization techniques. Installation of hardscape structures (e.g.,rip-rap)for earthen bank failures as a last resort (i.e.,alternative bank stabilization methods would be ineffective). Temporary Water Diversions •Temporary water diversions using appropriate dewatering or water diversion structures (such as silt curtains or cofferdams made of clean materials). Temporary Access Roads or Structures Temporary access roads or structures,associated with other channel maintenance activities. Year-Round,Activities Debris Removal Removal of debris (see definition in Exhibit B)from natural channels.Limit:50 linear feet per channel reach with a cumulative annual total of 500 feet per facility. Removal of debris from engineered earthen and concrete-lined channels,around facilities such as bridges,culverts,storm drain outlets,trash racks,total trash capture devices,and water diversion inlets, Removal of debris from engineered in-channel siltation basins. Limited Vegetation Removal Removal of cattails,beginning in September and continued through the end of November to minimize spring growth. Chemical mowing (application of herbicide to retard growth),from December through February to minimize spring growth, Equipment Equipment used will vary by maintenance activity.Hand tools will include shovels,chain saws,loppers and weed whackers.Larger equipment will includr brush and slope \ J Notification #1600-201 0-0367 -R3 Streambed Alteration Agreement Page 5 of 27 mowers,Bobcat tractors,and general purpose pickup trucks.Winches and cables may be used to remove heavy-limbed vegetation from the stream channel.Heavy equipment such as dump trucks,loaders,backhoes,motor graders,and long reach excavators may be operated on maintenance access roads. No heavy equipment will operate in the active (fiowing)stream channel with the following exceptions: •The bucket of any heavy equipment can be used for in-water work when installation of a fiow diversion system is expected to cause greater impact than the repair itself,and subject to the following restrictions:1)only the articulated arm excavator (Spyder)can operate from the channel banks when the work area has not been dewatered,and 2)all other heavy equipment must be positioned at the top of bank (e.g.,on access roads)when the work area has not been dewatered. •The Spyder can be operated in the active (fiowing)stream if no other maintenance alternative will work AND if all engine components and lubricated joints are fully encased in a protective cover. Flow Diversions If water is present in the stream channel during the work period,and work requires that equipment be used in the channel (aside from the exceptions noted above),a fiow diversion structure will be necessary to protect water quality.A coffer dam or water bladder system will be used when necessary to fully dewater a portion of the channel. Coffer dam and water bladder systems include installation of upstream and downstream fiow barriers and a bypass pipe to convey stream fiows around the work area.Silt curtains may be used for smaller work areas where full dewatering of the channel is not necessary to prevent water quality impacts.Silt curtains are suspended at the water's surface by a closed cell fioat,anchored to the bank,and weighted at the bottom by a chain,containing fiows within a small area during disturbance of the bed and banks. Sediment disturbed during work is allowed to settle to the bottom following completion. All fiow diversion structures will be removed from the stream channel following completion of work activities. PROJECT IMPACTS Existing fish or wildlife resources the project could substantially adversely affect include: riparian vegetation,nesting birds,bats,fish,reptiles,and/or amphibians. The adverse effects the project could have on the fish or wildlife resources identified above,without implementation of the Measures to Protect Fish and Wildlife Resources specified below,include:direct take during work activities,nest disturbance,increased water temperature,increased turbidity,and/or habitat loss. Notification #1600-201 0-0367-R3 Streambed Alteration Agreement Page 6 of 27 MEASURES TO PROTECT FISH AND WILDLIFE RESOURCES 1.Administrative Measures Permittee shall meet each administrative requirement described below. 1.1 Documentation at Work Sites.Permittee shall make the Agreement,any extensions and amendments to the Agreement,and all related notification materials and California Environmental Quality Act (CEQA)documents,readily available at the work sites at all times.Such materials shall be presented to DFG personnel,or personnel from another state,federal,or local agency,upon request. 1.2 Providing Agreement to Persons at Work Sites.Permittee shall provide copies of the Agreement and any extensions and amendments to the Agreement to all persons who will be working on the project at the work site on behalf of Permittee,including but not limited to contractors,subcontractors,inspectors, and monitors. 1.3 Notification of Conflicting Provisions.Permittee shall notify DFG Bay Delta Region if Permittee determines or learns that a provision in the Agreement might conflict with a provision imposed on the prClject by another local,state,or federal agency.In that event,DFG shall contact Permitte,e to resolve any conflict. 1.4 Work Site Entry.Permittee agrees that DFG personnel may enter the work sites at anytime to verify compliance with this Agreement. 1.5 Inspections.DFG personnel or its agents may inspect the routine maintenance activities performed at any of the work sites at any time.As a result of field inspection,DFG may require that additional conditions be applied to specific activities to protect sensitive biological resources.Such conditions may be amended into this Agreement with the agreement of both parties,or if an exception to authorized activities is identified,Permittee may be asked to submit separate written notification to DFG Bay Delta Region pursuant to Condition 1.7, below.. 1.6 Authorized Routine Maintenance Activities.Only those activities specifically described in the Project Description shall be conducted under this Agreement. 1.7 Exceptions to Authorized Activities.Permittee shall submit separate written notification (Forms FG 2023 and FG 2024)pursuant to Section 1602 of the California Fish and Game Code,together with the required fee prescribed in the DFG Streambed Alteration Agreement fee schedule,and otherwise follow the normal notification process prior to the commencement of work activities in all cases where one or more of the following conditions apply: I J } Notification #1600-201 0-0367 -R3 Streambed Alteration Agreement Page 7 of 27 •The proposed work does not meet the criteria established for routine maintenance activities in the Project Description of this Agreement; •The nature of the proposed work is substantially modified from the work described in the Project Description of this Agreement; •DFG advises Permittee that conditions affecting fish and wildlife resources have substantially changed at a specified work site or that such resources would be adversely affected by the proposed maintenance activity;and/or •The proposed work would advers!"ly impact a State of California (State) Species of Special Concern or State or federally listed rare,threatened, endangered or candidate species or its habitat. 1.8 Notification of Proposed Activities.Beginning on January 1st and every three months thereafter,Permittee shall provide DFG Bay Delta Region with quarterly notification reports summarizing proposed routine maintenance activities to be conducted in the upcoming quarter.Notification for winter activities (November 1 to April 15)may be sent on an as-needed basis,provided that notification is given at least two weeks prior to commencement of work.Urgent debris removal activities (i.e.rainy season activities needed to minimize potential flooding)may be submitted on discovery and do not require two weeks advance notice. Quarterly notification reports shall be submitted in tabular format and shall describe the location,length and width of each proposed work area,and general topography,hydrological features,and vegetative cover within 50 feet of the work area. DFG shall append annual notification reports of proposed maintenance activities to this Agreement.For streamlined tracking,Permittee shall label annual notification reports according to the following convention:Exhibit C-[year](e.g. Exhibit C-2011,Exhibit C-2012). Permittee may notify DFG of work at additional sites (in addition to the sites shown in Exhibit A)if the proposed work fits the definition of routine maintenance,as specified in the Project Description.Work at additional sites may be submitted as described above. 1.9 Semiannual Reports for Completed Projects.Permittee shall provide DFG Bay Delta Region written notification of maintenance projects completed on a semiannual basis.Semiannual reports shall include the project identification (stream name),a brief project description,and the appropriate fee from the current DFG Streambed Alteration Agreement Fee Schedule for work completed under this Agreement based upon the number of projects completed in the reporting period.Reports for work conducted from April 15 to October 31 are due within 45 days of October 31,while reports for work conducted from November 1 Notification #1600-2010-0367 ·R3 Streambed Alleralion Agreement Page 8 of 27 to April 14 are due within 45 days of April 14,DFG may terminate this Agreement if reports and fees are not submitted by these deadlines, 2.Avoidance and Minimization Measures To avoid or minimize adverse impacts to fish and wildlife resources identified above, Permittee shall implement each measure listed below, 2,1 Authorized Work Period,To minimize adverse impacts to fish and wildlife and their habitats,work within streams shall be limited to April 15 to October 3,1, except for:a)work within an area with potential special status-species habitat (see Measure 2,6),which will be limited to June 15 to October 15,and b)work associated with year-round activities (as specified in the Project Description), Revegetation work above the mean high water level may be done at any time, provided that appropriate erosion control BMPs are implemented, No phase of the project shall be initiated if construction work and installation of associated erosion control BMPs cannot be completed prior to the onset of a storm event predicted by 72-hour weather forecasts from the National Weaiher Service,All equipment shall be removed from the channel at least 12 hours before such an event occurs,If an unanticipated storm event occurs,Permittee shall inspect all sites currently under construction and scheduled to begin construction within 72 hours for indications of bank erosion and/or channel sedimentation;if noticeable erosion or sedimentation has occurred,Permittee shall implement additional erosion'control BMPs, 2,2 Equipment in Stream,No equipment shall be operated in wetted portions of the stream (including but not limited to po"nded,fiowing,or wetland areas)at any time except as described in the Project Description or with the prior written permission of DFG Bay Delta Region, 2,3 Flow Diversions,Flow diversions shall be done in a manner that prevents pollution and/or siltation and that provides fiows to downstream reaches,Flows to downstream reaches shall mimic natural flow patterns,Said fiows shall be of sufficient quality and quantity and appropriate temperature to support fish and other aquatic life both above and below the diversion structure,Diversion pipes shall be appropriately sized so that fiow velocities passing through the diversion structure do not exceed natural fiow velocities,The water diversion shall be constructed with the least amount of disruption to the channel. Coffer dam and other water diversion designs shall be consistent with conceptual plans submitted to DFG Bay Delta Region and described in the Project Description of this Agreement.Coffer dams shall be constructed with clean river gravel or sand bags,and may be sealed with sheet plastic,Sand bags and any sheet plastic shall be removed from the stream upon project completion,Clean river gravel may be left in the stream,but coffer dams and other fiow obstructions f) ) ,) / Notification #1600-2010-0367-R3 Streambed Alteration Agreement Page 9 of 27 must be removed/breached to return the stream flow to its natural channel. Normal flow shall be restored to the affected stream immediately upon completion of work at that location. 2.4 Unauthorized Take.This Agreement does not authorize the take of any State of federally listed threatened species,endangered species,species of special concern,or candidate species discovered at work sites.If DFG determines,or Permittee finds that there are such species on the work site,Permittee shall notify DFG Bay Delta Region,US Fish and Wildlife Service (USFWS),and/or US Army Corps of Engineers (USACOE)as appropriate.Permittee shall immediately cease work until DFG and other applicable agencies deem that the concern over special status species has been resolved.This agreement does not authorize capture and/or handlin.g of listed species. 2.5 Injury or Mortality of Special-Status Species.If Permittee or its employees, contractors,or agents injures or kills a special-status species,or finds any such animal injured or dead,all activities in the work area shall immediately cease, and DFG and U.S.Fish and Wildlife Service shall be notified by telephone within 30 minutes of the discovery. Any dead or injured threatened,endangered (federal or state)or fully protected animal shall be turned over to DFG's forensic lab in Santa Cruz or to an approved wildlife rehabilitation clinic.A written report detailing the time,location, and general circumstances under which the dead or injured individual animal was found shall be submitted to DFG and the U.S.Fish and Wildlife Service no later than five (5)business days following the incident. 2.6 Special-Status Species Habitat Assessments.Prior to conducting maintenance activities at a given site,a qualified biologist or biological monitor shall assess physical site features using a DFG-approved habitat assessment checklist to determine whether the site and/or surrounding areas are likely to support special- status species.Permittee shall also consult a current map of California Natural Diversity Database (CNDDB)occurrences in the project area and determine whether the work site is within reasonable dispersal distance (see definition in Exhibit B)of a known species occurrence.If suitable habitat is found,Permittee shall be bound to the work windows specified in Measure 2.1 and to other special-status species avoidance measures described in this Agreement. 2.7 Annual Staff Training A qualified biologist shall hold an annual training session for staff responsible for performing routine maintenance activities.Staff will be trained to recognize special-status species and their habitats.Staff will also be trained to use protective measures to ensure that such species are not adversely impacted by routine maintenance activities.The training program shall be updated at least annually to reflect current special-status species management practices.At least one staff person with up-to-date training in special-status species protective measures shall be present at each work site at all times. Notification #1600-201 0-0367-R3 Streambed Alteration Agreement Page 10 of 27 2.8 Biological Monitoring.If special-status species ar~known or suspected to occur at a given work site,a qualified biologist or a biological monitor (a staff person who has up-to-date training in special-status species protective measures and who has been designated as an appropriate monitor by the Permittee's biologist) shall supervise the work to ensure that appropriate protective measures are implemented.E.ach morning prior to commencement of project work,the biologist or biological monitor shall inspect the work site,including holes and excavated areas,to ensure that special.-status species are not present within the project area. 2.9 Sensitive Fisheries.Permittee shall obtain written permission from DFG Bay Delta Region prior to conducting routine maintenance activities in watercourses having sensitive fisheries.Flap gate repair and weed abatement (limited to abatement above the ordinary high water mark)may be cond ucted without prior DFG approval.DFG reserves the right to provide additional provisions to this Agreement if sensitive fisheries are present at a work area. 2.10 Nesting Bird Surveys and Avoidance.If maintenance work or tree removal is scheduled to occur between February 15 and September 1;a qualified biologist or biological monitor shall conduct reconnaissance-level surveys for n~sting birds no more than two weeks prior to routine maintenance activities.The biologist or biological monitor shall be familiar with breeding behaviors and nest structures for birds known to nest in the work area.Suryeys shal(i~cILide upland access routes and staging areas in addition to each work site.Nesting bird ~Urveys are not required within conorete-lined or earthen trapezoidal channels that are mechanically or chemically mowed to maintain vegetation below a height of six (6)inches. If this survey finds evidence of nesting birds,work shall be postponed until August 15.If a lapse in project-related work of 7 days or longer occurs,another focused survey and if required,consultation with DFG and USFWS,shall be required before project work can be reinitiated. 2.11 Bat Habitat Assessment and Avoidance.A qualified biologist or biological monitor shall conduct a habitat assessment for bats at work 'sites where culverts, structures and/or trees would be removed or otherwise disturbed for a period of more than two hours.2 The habitat assessment shall include a visual inspection of features within 50 feet of the work area for potential roosting features (bats need not be present)no more than 48 hours prior to disturbance of such features.Habitat features found during the survey shall be flagged or marked. This condition does not apply (0 1)minor pruning activities,2)debris removal around the foolings of bridges and culverts after a high now event,or 3)debris removal necessary to minimize nooding around the footings of bridges or culverts prior to a predicted storm event. J ) Notification #1600-201 0-0367 -R3 Streambed Alteration Agreement Page 11 of 27 If any habitat features identified in the habitat assessment will be altered or disturbed by project activities,a phased disturbance strategy shall be employed.3 Non-habitat trees or structural features shall be removed one (1)day prior to removal of habitat features.Permittee shall not attempt to directly disturb (e.g. shake,prod)roosting features,as such disturbance constitutes "harassment" under FGC. If bats (individuals or colonies,not just roosting habitat)are detected during the habitat assessment,DFG Bay Delta Region shall be notified immediately.DFG reserves the right to provide additional provisions to this agreement in the event that roosting bats are found. 2.12 California Red-Legged Frog Surveys.If suitable habitat for the California red- legged frog exists at a given work site or within reasonable dispersal distance (see definition in Exhibit B),a qualified biologist or biological monitor shall conduct a reconnaissance-level survey for this species within 48 hours of the commencement of routine maintenance activities."Suitable habitat"for this species shall be based on criteria in:u.S.Fish and Wildlife Service,August 2005,"Revised Guidance on Site Assessments and Field Surveys for the California Red-legged Frog",Appendix A,subsection 2,available online at: www.fws.gov/sacramentoles/documents/crf survey guidance aug2005.pdf. Surveys from previous years may be used as a guide,but should not be relied upon to determine whether habitat is present. If California red-legged frogs are found during surveys or construction,work shall be placed on hold until further notice from DFG.DFG reserves the right to provide additional provisions to this Agreement in the event that California red- legged frogs are discovered. 2.13 California Red-Legged Frog Breeding Season Protective Measures.For work that will be performed during the breeding season for the California red-legged frog (November 15 to May 15),the following conditions shall apply: •In work areas containing potential red-legged frog habitat,vegetation shall be inspected for eggs masses prior to work.A buffer of vegetation at least 10 feet in diameter shall be left around any egg masses found.Permittee shall keep a record of any sites where egg masses are found and shall conduct vegetation removal at these sites prior to November 15 in subsequent years. •Staff shall avoid entering the channel (i.e.trimming activities shall be performed from the banks,if possible)to avoid dislodging egg masses. This approach will allow any bats roosting in the vicinity 10 evacuate the area during nocturnal foraging hours.Generally bats will nolleave their roosts during the day even when the roost is directly threatened. Notification #1600-2010-0367 -R3 Slreambed Alteration Agreement Page 12 of 27 2.14 Tidal Wetland Species Surveys and Avoidance.Seven (7)days prior to work in tidal marsh habitat,any areas designated for vegetation disturbance,sediment removal,bank protection,vegetation management,operation of large equipment, staging,or access shall be surveyed for salt-marsh harvest mouse (Reilhrodontomys raviventris),California black rail (Lateratlus jamaicensis),and rare tidal wetland plants by a qualified biologist or biological monitor. Rodent control activities in salt-marsh harvest mouse habitat shall be limited to live trapping efforts only.All live traps shall be Havahart traps with openings no smaller than 1 by 2 inches to allow any salt-marsh harvest mice that inadvertently enter the trap to easily escape.All live traps shall be placed outside of pickleweed and above high tide line_All live traps shall be restricted to the outboard side of any levees.or access roads whenever possible. If salt-marsh harvest mice,California black rails,or rare plant species are found during surveys or construction,work shall be placed on hold until further notice from DFG. 2.15 San Francisco Dusky-Footed Woodrat Surveys and Avoidance.For projects occurring within suitable habitat for San Francisco dusky-footed wood rat (Neotoma fuscipes annectens),a qualified biologist or biological monitor shall survey the work area for nests within two weeks of proposed activities.If nests of the dusky-footed woodrat are found,the biological monitor, in consultation with the qualified biologist,shall determine an appropriate buffer distance based on the type of ';\Iork being conducted. If any San Francisco dusky-footed woodrats are detected within the work area during construction,all work shall cease in the vicinity of the individuals until they move out of the area of active construction.Nest disturbance or removal is not authorized under this agreement. 2.16 Other Surveys.If habitat for western pond turtles,Alameda whipsnakes,giant garter snakes,rare plants,or other special-status species exists at a given work site and such species are known to exist within reasonable dispersal distance (see definition in Exhibit A)of the work area,a qualified biologist or biological monitor shall conduct a reconnaissance-level survey within 48 hours of the commencement of routine maintenance activities_If there is potential for rare plants to occur at a work site,biological surveys shall be conducted during the appropriate blooming period,prior to initiation of routine maintenance activities. At work sites where heavy equipment will be used,upland access routes and staging areas should also be surveyed if habitat for species such as western burrowing owl,California tiger salamander or other special-status species is present. If special-status species are found during surveys or construction and could be adversely impacted by work activities,work shall be placed on hold until further I' .) ,) Notification #1600-201 0-0367 -R3 Streambed Alteration Agreement Page 130127 notice from DFG.DFG reserves the right to provide additional provisions to this Agreement in the event that special-status species are discovered. 2.17 Stranded Aquatic Life.In areas subject to dewatering,Permittee shall check daily for stranded aquatic life as the water level drops.All reasonable efforts shall be made to capture and move all stranded aquatic life observed in the dewatered areas.Capture methods may include fish landing nets,dip nets,buckets and by hand.Captured aquatic life shall be released immediately in the body of water closest to the work site. 2.18 Staging Areas.Staging areas shall be located at least 30 feet from the top of bank or on the outboard side of levees.Vegetation disturbance shall be limited to the immediate construction footprint and a single access pathway,where feasible. 2.19 Removal of Trash and Debris.Except as explicitly described in The Project Description of this Agreement,the removal of native soils,rock,gravel, vegetation,and vegetative debris from the stream bed or stream banks is prohibited.Embedded pieces of large woody debris or stumps that potentially serve as basking sites or that encourage pool formation shall be left in place if there is adequate flood flow capacity. Permittee shall remove all raw construction materials and wastes from the project site following the completion of maintenance activities.Food-contaminated wastes generated during construction shall be removed on a daily basis to avoid attracting predators to work sites.All temporary fences,barriers,and/or flagging shall be completely removed from work sites and properly disposed of upon completion of maintenance activities.Permittee or its contractors shall not dump any litter or construction debris within the riparian/stream zone. Objects embedded/anchored in the bank,such as tree stumps,shall not be removed during periods of heavy flow if removal would result in release of sediment into the channel.However,protruding objects that could capture additional debris and result in obstruction of the channel (e.g.the branches and trunk of a downed tree)may be trimmed.If an embedded object must be removed to prevent a debris jam,BMPs shall be used to prevent release of sediment into the channel,and the bank shall be reseeded,revegetated, mulched and/or covered with erosion-control fabric following removal. 2.20 Fill Soils.This Agreement does not authorize bank or channel fill with the exception of fill required for minor bank repair projects.Work involving fill (excluding minor bank repair projects)must be submitted to DFG Bay Delta Region in a separate notification package. 2.21 Hardscape (Riprap.Rocks,Boulders,etc.).Permittee shall only install new hardscape bank slope protection in locations where non-hardscape (e.g., Notification #1600-2010-0367-R3 Streambed Alteration Agreement Page 14 of 27 bioengineering)bank protection approaches are infeasible.Rock slope protection shall not be grouted or mortared.Interstitial spaces between rocks shall be backfilled with clean native soils or imported fill and planted with trees,shrubs,or other vegetation to minimize habitat loss.If planting is not feasible,Permittee shall plant compensatory vegetation at an off-site location at a 3:1 ratio (refer to Condition 3.2 for planting guidelines).Rock slope protection shall be properly keyed into the bank and be of sufficient size to remain in place and withstand the highest velocity of water anticipated within the stream channel.Sacked concrete riprap shall not be used except in locations where sacked concrete is already present as bank protection and where repairs would cover an area of less than 100 square feet in area.. 2.22 Use of Cementitious Materials.Water that has come in contact with uncured concrete or grouts shall not be allowed to enter the stream channel until the pH of the water is between 6.5 and 8.0 pH units.Containment of leechate shall adhere to the following BMPs: •Concrete structures shall be allowed to cure (dry)for at least 28 days before flows are reintroduced.Flows contaminated with leechate shall be separated from the main stream flows via a diversion structure until the pH falls within the range specified above. •If the 28-day curing period is infeasible,the Permittee shall institute a minimum 7-day curing period and apply a sealant designed for use in aquatic environments,such as Deep Seal™or Elasto beck™.The sealant shall be allowed to cure for a minimum of 72 hours. •Wash-down water from concrete delivery trucks,concrete pumping equipment,and other tools and equipment shall not be allowed to enter the stream channel and should be removed from the site for treatment following construction.No dry concrete·shall be placed on the banks or in a loc;:ltion where it could be carried into the channel by wind or runoff.. 2.23 Erosion Associated with Hardscape.Permittee shall ensure that features placed within the stream channel,i.e.hardscape or bioengineered features,do not transfer the erosive force of the stream to the opposite or downstream banks or cause the formation of downstream eddies.The channel shall not be narrowed as a result of bank repairs,and features that modify the natural stream gradient (as measured on a longitudinal profile)shall not be installed in the channel. 2.24 Erosion Control Best Management Practices (BMPs).All exposed soils within the work area shall be stabilized immediately following the completion of earthmoving activities to prevent erosion into the stream channel.Erosion control BMPs,such as silt fences,straw hay bales,gravel or rock lined ditches,water check bars,and broadcasted straw shall be used.Erosion control BMPs shall be monitored during and after each storm event for effectiveness.Modifications, I } Notification #1600-201 0-0367 -R3 Streambed Alteration Agreement Page 15 of 27 repairs and improvements to erosion control BMPs shall be made as needed to protect water quality.At no time shall sill laden runoff be allowed to enter the stream or directed to where it may enter the stream. 2.25 Vehicle/Equipment Maintenance.Any equipment or vehicles driven and/or operated in proximity of the stream shall be maintained in good working order to prevent the release of contaminants that if introduced to water could be deleterious to aquatic life,wildlife,or riparian habitat. 2.26 Equipment Storage and Stationary Operation.Staging and storage areas for equipment,materials,fuels,lubricants and solvents shall be located outside of the stream channel and banks.Stationary equipment such as motors,pumps, generators,compressors and welders,located adjacent to the stream,shall be positioned over drip-pans.Any equipment or vehicles driven and/or operated in proximity to the stream must be checked and maintained daily.Vehicles must be moved away from the stream prior to refueling and lubrication. 2.27 Storaqe and Handlinq of Hazardous Materials.Any hazardous or toxic materials that could be deleterious to aquatic life shall be contained in watertight containers or removed from the project site.Such materials include,but are not limited to, debris soil,silt,bark,rubbish,creosote-treated wood,raw cemenUconcrete or washings thereof,asphalt,paint or other coating material,and oil or other petroleum products.These materials shall be prevented from contaminating the soil and/or entering the waters of the State.Any such materials,placed within or where they may enter a stream or lake,by Permitiee or any party working under contract,or with permission of Permittee,shall be removed immediately.Best Management Practices (BMPs)shall be employed to accomplish these requirements. 2.28 Clean Up Prior to Onset of Wet Weather.Upon completion of construction and prior to the onset of wet weather,all construction material and/or debris,including removed vegetation,shall be removed from the stream channel to an area not subject to inundation. 2.29 Pesticide and Fertilizer Use.In general,since the toxicological properties of various pesticides (including herbicides,insecticides and rodenticides)cannot be predicted under all conditions,DFG discourages pesticide application near open water wherever and whenever possible.Integrated pest management solutions that emphasize non-chemical pest management shall be used over chemical pesticides to the extent feasible.Chemical fertilizers shall not be used under this Agreement,and insecticides shall not be used in the stream zone without prior written permission from DFG Bay Delta Region.Rodenticides may be used at any of the County's five dams subject to the following conditions: Notification #1600-2010-0367-R3 Streambed Alteration Agreement Page 16 of 27 Permittee shall use rodenticides only when necessary to protect the structural stability of a dam and when other,less toxic trapping alternatives are not available. Rodenticide application shall be conducted only after reconnaissance-level surveys have been completed f,?r special-status species with potential to occur in the project area.If s'pedal-status'speci"es that use rodents as prey and/or that could be attracted 'to baited trap's ar"e·expected to'occur,Permittee shall obtain written permission from DFG Bay pe~ta Region prior to . rodenticide application. Herbicides may be used at the Permittee's discretion with implementation of the following protective measures: Permittee shall use caution to apply the least practicable amount of herbicides necessary to effectively control nuisance plants. •Permittee shall use the least concentrated formulation of herbicide possible and practicable to accomplish his/her task. All herbicides shall be applied by a certified pesticide applicator in accordance with regulations set by the California Department of Pesticide Regulation and according to labeled instructions. •Permittee shall use extreme caution to not to apply any herbicide directly to water.If herbicides must be applied next to water,Permittee shall use preventative BMPs to ensure that the chemical does not accidentally flow into or stream through the air into the water. •Herbicides shalLonly be applied on calm days with winds below 5 miles per hour. •Care shall be taken to avoid spraying native vegetation with herbicides. Spraying within 100 feet of existing mitigation sites shall be done by hand. •Should any fish or animal kills occur following application of herbicides,such kills shall be reported to DFG Bay Delta Region within 24 hours. •Chemicals sUbject to the injunction under Case No.:02-1580-JSW,Northern California U.S.District Court,Center for Biological Diversity v.Environmental Protection Agency (April 2,2002),shall not be used unless the U.S.EPA has issued a finding of "No Effect"for the California red-legged frog.Refer to the U.S.EPA website for further information (http://www.epa.gov/espp/litstatus/redleg-frog/r1f.htm ). ) Nolificalion #1600-2010-0367-R3 Streambed Alteration Agreement Page 17 of 27 •Permittee shall use Milestone,rather than Weedestroy (or other 2,4,0 product)wherever and whenever possible.Weedestroy is not to be applied within 10 feet of open water. •Regardless of the contents of this Agreement,Permittee is responsible for any environmental damage caused by the application or use of substances that prove harmful to fish and aquatic wildlife. 2.30 Vegetation Removal.The disturbance or removal of vegetation shall not exceed the minimum necessary to prevent potential fiooding.Precautions shall be taken to avoid other damage to vegetation by people or equipment.Branches and!or limbs overhanging the channel and impacting water flows shall be properly pruned.Woody and herbaceous plants,fallen trees,or trunks or limbs lodged in the bed or bank causing fiow restriction shall be cut off at the bed or bank invert with small tools and removed with winch and cable or other equipment operated from top of bank.Root structures are not to be disturbed.Large woody debris that does not obstruct the flow of water shall be left in place. Grazing may be used if special-status plant species are not present at the work site,the animals are monitored during grazing,and the animals are removed once the underbrush is cut down.Grazing of trees and shrubs is not allowed. Invasive plant material removed during work activities shall be bagged and appropriately incinerated or disposed of in a landfill.Such materials shall not be composted or left otherwise exposed in or around the project site. Live trees over six (6)inches in diameter at breast height may be removed only if they are blocking fiow or restricting the capacity of the channel;no other trees shall be removed.Any trees which must be cut shall be cut at ground level, leaving the root mass in place to maintain bank stability.Any trees removed shall be replaced according to Measure 3.1,and exposed!disturbed areas shall be revegetated (Measure 3.2). 3.Compensatory Measures To compensate for adverse impacts to fish and wildlife resources identified above that cannot be avoided or minimized,Permittee shall implement each measure listed below. 3.1 Tree Replacement.All native trees removed as a result of proposed work activities shall be replaced at a 3:1 ratio (replacement trees to removed trees)to mitigate for permanent net loss of canopy cover.Non-native trees shall be replaced at a 1:1 ratio.Replacement trees shall consist of 5-gallon saplings, stakes,or other suitable nursery stock and shall be native species adapted to the lighting,soil and hydrological conditions at the replanting site.If replanting within the work area is unfeasible due to slope steepness or other physical constraints, replacement trees may be planted at an alternate location along the stream Notification #1600-2010-0367-R3 Streambed Alteration Agreement Page 18 of 27 corridor.Alternatively,Permittee may maintain a tally of all trees subject to the provisions of this measure and provide an annual donation to a non-profit or governmental organization that conducts creek restoration activities in Contra Costa County.The donation shall be calculated by mUltiplying the number of trees removed by the cost of purchasing,installin'g,maintaining and monitoring a tree. 3.2 Vegetation Replacement.All exposed/disturbed areas and access points within the stream zone left barren of vegetation following maintenance activities shall be revegetated or seeded with a blend of erosi0t:1 control grass seeds.INon~native grass speCies shall not exceed 25%of the total seea.mix by COUll!,an9 all nonnative grass seea shall be sterile (i.e.'incapable of reproducing).Seeded areas shall be mulched.All other areas of disturbed soil which drain towards the stream channel shall be seeded with native erosion control grass seeds. Revegetation shall be completed immediately (within two weeks)after construction activities cease.Seeding placed after October 15 must be covered with broadcast straw,jute netting,coconut fiber blanket or similar erosion control blanket.Erosion control blankets with monofilament or woven plastic strands shall not be used. 3.3 Revegetation Survivorship and Monitoring.To ens'ure a successful revegetation effort,all plants shall be monitored and maintained as necessary for five years. The following success criteria shall apply:. •All planting shall have a minimum of 80%survival at the end of 5 years. •Planting shall attain 70%cover after three years and '75%coverage after 5 years. •If the survival and/or cover requirements are not meeting these goals, Permittee is responsible for replacem.ent planting,additional watering, weeding,invasive exotic eradication,or any other practice,to achieve these requirements.Replacement plants shall be monitored with the same survival and growth requirements for five years after planting. Revegetation monitoring shall be conducted annually for a period of five (5) years to determine whether these goals have been met.If the survival and/or cover requirements are not projected to meet these goals,based on annual monitoring,Permittee is responsible for replacement planting,additional watering,weeding,invasive exotic eradication,or any other practice(s)that would to achieve these requirements. 4.Reporting Measures Permittee shall meet each reporting requirement described below. , Notification #1600-201 0-0367 -R3 Streambed Alteration Agreement Page 19 of 27 4.1 Notification to the California Natural Diversity Database.If any sensitive species are observed in project surveys,Permittee shall submit California Natural Diversity Database (CNDDB)forms to the CNDDB within five working days of the sightings,and provide DFG Bay Delta Region with copies of the CNDDB forms and survey maps. 4.2 Biological Surveys.The results of any biological surveys conducted shall be emailed or faxed to DFG Bay Delta Region prior to commencement of work, referencing Notification 1600-2010-0367-3.Permittee is encouraged to combine survey results for multiple sites and multiple species into a single document. CONTACT INFORMATION Any communication that Permittee or DFG submits to the other shall be in writing and any communication or documentation shall be delivered to the address below by U.S. mail,fax,or email,or to such other address as Permittee or DFG specifies by written notice to the other. To Permittee: Contra Costa County Public Works Department and Flood Control and Water Conservation District 255 Glacier Drive Martinez,CA 94553 Attn:Environmental Section Manager -Leigh Chavez Fax (925)313-2366 Ichav@pw.cccounty.us To DFG: Department of Fish and Game Bay Delta Region 7329 Silverado Trail Napa,California 94558 Attn:Lake and Streambed Alteration Program -Randi Adair Notification #1600-201 0-0069-R3 Fax (707)944-5553 radair@dfg.ca.gov LIABILITY Permittee shall be solely liable for any violations of the Agreement,whether committed by Permittee or any person acting on behalf of Permittee,including its officers, employees,representatives,agents or contractors and subcontractors,to complete the project or any activity related to it that the Agreement authorizes. Notification #1600-2010-0367 -R3 Streambed Alteration Agreement Page 20 of 27 This Agreement does not constitute DFG1s endorsement of,or require Permittee to proceed with the project.The decision to proceed whh the project is Permittee's alone. SUSPENSION AND REVOCATION DFG may suspend or revoke in its entirety the Agreement if it determines that Permittee or any person acting on behalf of Permittee,including its officers,employees, representatives,agents,or contractors and subcontractors,is not in compliance with the Agreement. Before DFG suspends or revokes the Agreement,it shall provide Permittee written notice by certified or registered mail that it intends to suspend or revoke.The notice shall state the reason(s)for the proposed suspension or revocation,provide Permittee an opportunity to correct any deficiency before DFG suspends or revokes the Agreement,and include instructions to Permittee,if necessary,including but not limited to a directive to immediately cease the specific activity or activities that caused DFG to issue the notice. ENFORCEMENT Nothing in the Agreement precludes DFG from pursuing an enforcement action against Permittee instead of,or in addition to,suspending or revoking the Agreement. Nothing in the Agreement limits or otherwise affects DFG's enforcement authority or that of its enforcement personnel. OTHER LEGAL OBLIGATIONS This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers,employees,representatives,agents,or contractors and . subcontractors,from obtaining any other permits or authorizations that might be required under other federal,state,or local laws or regulations before beginning the project or an activity related to it. This Agreement does not relieve Permittee or any person acting on behalf of Permittee, including its officers,employees,representatives,agents,or contractors and subcontractors,from complying with other applicable statutes in the FGC including,but not limited to,FGC sections 2050 et seq.(threatened and endangered species),3503 (bird nests and eggs),3503.5 (birds of prey),5650 (water pollution),5652 (refuse disposal into water),5901 (fish passage),5937 (sufficient water for fish),and 5948 (obstruction of stream). Nothing in the Agreement authorizes Permittee or any person acting on behalf of Permittee,including its officers,employees,representatives,agents,or contractors and subcontractors,to trespass. Notification #1600-201 0-0367 -R3 Streambed Alteration Agreement Page 21 of 27 AMENDMENT DFG may amend the Agreement at any time during its term if DFG determines the amendment is necessary to protect an existing fish or wildlife resource. Permittee may amend the Agreement at any time during its term,provided the amendment is mutually agreed to in writing by DFG and Permittee.To request an amendment,Permittee shall submit to DFG a completed DFG "Request to Amend Lake or Streambed Alteration"form and include with the completed form payment of the corresponding amendment fee identified in DFG's current fee schedule (see Cal.Code Regs.,tit.14,§699.5). TRANSFER AND ASSIGNMENT This Agreement may not be transferred or assigned to another entity,and any purported transfer or assignment of the Agreement to another entity shall not be valid or effective, unless the transfer or assignment is requested by Permittee in writing,as specified below,and thereafter DFG approves the transfer or assignment in writing. The transfer or assignment of the Agreement to another entity shall constitute a minor amendment,and therefore to request a transfer or assignment,Permittee shall submit to DFG a completed DFG "Request to Amend Lake or Streambed Alteration"form and include with the completed form payment of the minor amendment fee identified in DFG's current fee schedule (see Cal.Code Regs.,tit.14,§699.5). EXTENSIONS In accordance with FGC section 1605(b),Permittee may request one extension of the Agreement,provided the request is made prior to the expiration of the Agreement's term.To request an extension,Permittee shall submit to DFG a completed DFG "Request to Extend Lake or Streambed Alteration"form and include with the completed form payment of the extension fee identified in DFG's current fee schedule (see Cal. Code Regs.,tit.14,§699.5).DFG shall process the extension request in accordance with FGC 1605(b)through (e). If Permittee fails to submit a request to extend the Agreement prior to its expiration, Permittee must submit a new notification and notification fee before beginning or continuing the project the Agreement covers (Fish &G.Code,§1605,subd.(I)). EFFECTIVE DATE The Agreement becomes effective on the date of DFG's signature,which shall be:1) after Permittee's signature;2)after DFG complies with all applicable requirements under the California Environmental Quality Act (CEQA);and 3)after payment of the applicable FGC section 711.4 filing fee listed at http://www.dfg.ca .gov/ha bcon/ceqa/ceg a changes.hIm I. Notification #1600-2010-0367 -R3 Streambed Alteration Agreement Page 22 of 27 TERM This Agreement shall expire on December 31,2015,unless it is terminated or extended before then.All provisions in the Agreement shall remain in force throughout its term. Permittee shall remain responsible for implementing any provisions specified herein to protect fish and wildlife resources after the Agreement expires or is terminated,as FGC section 1605(a)(2)requires. EXHIBITS The documents listed below are included as exhibits to the Agreement and incorporated herein by reference. A.Flood Control Facility Map B.Definition of Terms C.Annual Notifications of Proposed Work (reserved for future eXhibits) AUTHORITY If the person signing the Agreement (signatory)is doing so as a representative of Permittee,the signatory hereby acknowledges that he or she is doing so on Permittee's behalf and represents and warrants that he or she has the authority to legally bind Permittee to the provisions herein. AUTHORIZATION This Agreement authorizes only the project described herein.If Permittee begins or completes a project different from the project the Agreement authorizes,Permittee may be subject to civil or criminal prosecution for failing to notify DFG in accordance with FGC section 1602. CONCURRENCE The undersigned accepts and agrees to comply with all provisions contained herein. Dkte 7~ulie Bueren Director and Chief Engineer ~OR CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT AND FLOOD ONTROl AND ATER CONSERVATION DISTRICT ) / N oti fica tion #1600-2010-0367 -R3 Streambed Alteration Agreement Page 23 of 27 FOR DEPARTMENT OF FISH AND GAME Scott Wilson Environmental Program Manager Date Prepared by: Date Prepared: Dates Revised: Randi Adair Environmental Scientist December 16,2010 February 22,2011 April 5,2011 April 7,2011 April 12,2011 Notification #1600-201 0-0367-R3 Streambed Alteration Agreement Page 24 of 27 EXHIBIT A MAP 1.KNOWN SENSITIVE SPECIES LOCATIONS MAP 2.CONTRA COSTA COUNTY CNDDB LOCATIONS (From notification package) Notification tI1600-2010-0367-R3 Streambed Alteration Agreement Page 25 of 27 EXHIBIT B DEFINITION OF TERMS As used herein and for purposes of the Agreement Best management practices (BMPs):management techniques or activities for stormwater management,pollution prevention and other management objectives.The term BMP is most commonly used in reference to the objectives of the federal Clean Water Act.BM Ps may include structural techniques,such as physical stormwater control features,or non-structural techniques,such as public outreach. Bioengineering:the application of the principles of engineering and natural sciences to flood control maintenance and erosion control.Bioengineering applications may be used to reduce the impacts on the natural and urban environment.Methods that may be used are but not limited to are,willow wattling,post and wire revetment,revegetation with native plants,seeding,installation of rootballs,brush layering,brush malting,trench packing,inter-planting riprap,plantings and combinations of the above methods. Biological monitor:a person employed by the Permittee who has undergone training in avoidance and minimization measures specific to special-status species potentially present at a given site.The biological monitor is responsible for ensuring that such measures are properly performed to protect against take.The biological monitor must have attended the most recent annual training conducted by the Permittee's qualified biologist and must demonstrate basic familiarity with species biology,avoidance measures,and the terms of the Agreement,if asked.If the biological monitor is to perform pre-work habitat assessments,s/he must be familiar with applicable habitat assessment methodology for listed species. Channel reach:a section of a stream defined by uniform habitat features,such as a particular type of bed substrate,geomorphologic channel characteristics,and riparian vegetation.In urban environments,reaches may be defined by upstream and downstream barriers,such as bridge footings or weirs. Concrete-lined channel:flood control channels with concrete sides and bottom. Debris:non-living vegetative or woody matter,trash,concrete rubble,etc.This definition does not include living vegetation. Emergency project:is defined in the State Fish and Game Code,section 1600. Facility:the collective flood control structures and management practices employed with the watershed of a stream draining to the San Francisco Bay or the Sacramento/San Joaquin Delta.From a flood control perspective,the stream and its tributaries are the primary component of the "facility". Flood control channel or engineered channel:an artificial open channel or ditch constructed for drainage or flood control purposes. Notification #1600-201 0-0367 -R3 Streambed Alteration Agreement Page 26 of 27 Flood control structures:levee,dams,and artificially constructed channels for flood control purposes.. Heavy equipment:any equipment used that is larger than a pick-up truck. Natural channel:a stream or watercourse that has not been modified as described above.A natural channel may include erosion control structures,culverts or other minor modifications. Project:a routine maintenance activity performed by the Contra Costa Public Works Department and Flood Control and Water Conservation District during a given year. Each annual activity shall be construed as one project for fee purposes.A project does not include minor debris removal such as minor tree trimming,removing a shopping cart or a bag of garbage. Qualified biologist:a person with a combination of academic training and professional experience in the biological sciences. Reasonable dispersal distance:the distance from a particular location,such as a CNDDB occurrence location or a critical habitat location,that a given species would be . expected to disperse for mating,breeding,foraging,nesting,and other activities.The reasonable dispersal distance can be determined on a species-by-species level based on current scientific literature.For example,CNDDB occurrences of California red- legged frog ina given creek indicate a high likelihood that this species also occurs downstream within the same creek system because flows provide easy downstream dispersal.As another example,current literature indicates that California tiger salamanders are commonly found in upland habitat within a 1.3-mile radius of breeding ponds. Special-status species:any species identified as a candidafe or sensitive species in local or regional plans,policies or regulations,or by DFG or the U.S.Fish and Wildlife Service.Plants on Lists 1A,1B,or 2,published by the California Native Plant Society, are also considered special-status species for the purposes of this Agreement. Structure:storm drain outfalls,tide gates,slide gates,culverts,revetments,bank protection,energy dissipaters,grade structures,sediment basins,weirs,diversion structures,trash racks,stream gauge structures,fish ladders,fish screens,utility line crossings,bridge piers. Take:as defined in Section 86 of the California Fish and Game Code,and for federaily listed species,as defined in Section 9 of the U.S.Endangered Species Act. ()) ')) I \ ) Notification #1600·2010·0367·R3 Streambed Alteration Agreement Page 27 of 27 EXHIBIT C ANNUAL NOTIFICATIONS OF PROPOSED WORK (Reserved for future exhibits) I) 1 l I FOR DEPARTMENT USE ONL y )a!e Received Amount Received Amount Due Date Complete Notification No. I II/!?/I'0 $;<b?>cr·50 $/ldc:J 'D -2fi:::::>l C)-0 S lc,1 -~ .,.~17',(:is.6r't2~'10:;2.ftt~A (~ J ~~"&nfy-o..-Ce~ST.ATE OF CALIFORNIA .,-.--de'''-''\ ,.I,~~~UJn-CY __~6\c:.r-->c:./'l·~'::'-Il·;··'·~~).DEPARTMENT OF FISH AND GAME .¥..-c:iZJ <-.K\ 'j'~\:~':!::J,~/NOTIFICATION OF LAKE OR STREAMBED ALTERATION NOV 052010 Complete EACH field,unless otherwise indicated,following the enclosed instructions and suJiti6k&.e~e enclosures.Attach additional pages,if necessary. T PROPOSING PROJECT1.APPLICAN v ...~11jft Julie Bueren,Director and Chief Engineer ...........- Name Business/Agency Contra Costa County Public Works Dept,and Flood Control and Water Conservation District Street Address 255 Glacier Drive City,State.Zip Martinez CA 94553 Telephone (925)313-2000 IFax I (925)313-2333 Email Ichav@pw.cccounty.us 'I.CONTACT PERSON (Complete only if different from applicant) lame Leigh Chavez,Environmental Section Manager Street Address 255 Glacier Drive City,State,Zip Martinez CA 94553 Telephone (925)313-2366 IFax I (925)313-2333 Email Ichav@pw.cccounty.us 3 PROPERTY OWNER (Complete only if different from applicant) Name Same as applicant Street Address City,State,Zip Telephone IFax I Email 4 PROJECT NAME AND AGREEMENT TERM A.Project Name Rou~ine Maintenance Agreement B.Agreement Term Re~Li'Regular (5 years or less) ~Long-term (greater than 5 years)see..o.+t-O-CJL.Q.c{ .Project Term D.Seasonal Work Period E.Number of Work Days - I ..>eginning (year)Ending (year)Start Date (month/day)End Date (month/day) 2010 ~11/01 10/31 y~ ~a(S" FG2023 ~ ~.(- Page 1 of 9 Rev.7/06 iL (:.-1_2_/6_/2_0_1_U-'-)_T,_al_ia_Y_a_t_8s_-_Fw_d:_R_E_:_M_o_d_if_i8_d_P_a-.::9,--8_#_1_{-,-A-::9_r8_e_m_e_n_t_T_e_rm-.-:.)..:.-._N_o_tif_ic_a_tio_n_2_0_1_0_-0_36_7 =Seit~1 I From: To: cc: Date: SU~ject: Randi Adair Yates,Talia Harais,Diane ,12/6/2010 9:53 AM Fwd:RE:Modified Page #1 (Agreement Term),Notification 2010-0367 Talia, The applicant has asked to modify the type of agreement for this notification from long~term to a regular- term RMA.Please note this change in the database and the main packet.I'll pri nt out my own copy for the field packet.I talked to Diane and the applicant,and we are going to keep the fee balance as a credit against annual activities. Thanks, Randi »>Leigh Chavez <Ichav@pw.cccounty.us>12/6/20109:44 AM »> Yes -correct.Sorry - I should have noted that on the resubmitted sheet. I think the approach noted (an available credit for maintenance activities)sounds fine. Sorry for the hassle on this ... Leigh -----Original Message----- From:Randi Adair [mailto:RADAIR@dfg,ca.gov] Sent:Monday,December 06,20109:32 AM To:Leigh Chavez Subject:Re:Modified Page #1 (Ag.!:eement Term) Hi Leigh, Just to clarify (for the paper trail),you want your regular 5-year term routine 'maintenance agreement to cover the 2011 to 2015 period,correct?You don't need to modify the cover sheet,just respond to this email.' I spoke to the administrative lead for the SAA program,and she suggested that rather than trying to get a cash refund,it would be best to credit the difference in fees to your project fees.That means that you would have a $1,344.25 credit on your account (which would cover 12 activities).When you pay the activity fees for 2011,you would subtract this credit and pay the difference.If there is a remaining credit,it would carry forward into the next year.Is this approach OK? Thanks, Randi »>Leigh Chavez <Ichav@pw.cccounty.us>12/6/20108:40 AM »> Hi Randi, As discussed,attached is page # 1 of our RMA SAA application with the Agreement Term Requested changed from a long-term agreement to a regular (5 year)agreement.Let me know if you have any questions 'or need anything else from us in order to make this change to our application. Just to do a final confirmation:we are set to meet you,Liam Davis,and Greg Martinelli at the Region 3 offices in Yountville at 10:00 am on Monday December 13th.Please confirm so I can send out our final meeting invite here.FYI -for your conference room planning purposes - I will attend,and we will have , 1:.::16;2010)Talia Yates -Fwd:RE:Modified Page #1 (Agreement Term),Notification 2010-0367 one person from Maintenance,one from Flood Control,and our Flood Control Deputy Director (so four total coming from Public Works), I will send over the agenda early this week (hopefully today but possibly tomorrow), Thanks Randi! Leigh Chavez Environmental Section Manager [cid:imageOO 1,jpg@0IC8951F,S91898601 Contra Costa County Public Works Department Engineering Services 255 Glacier Drive Martinez,CA 94553 Phone:(925)313-2366 Fax:(925)313-2333 website:www,cccpublicworks,org<http:UWWW,CCCDUblicworks,org/> "Accredited by the American Pubiic Works Association" Seit~ NOTIFICATION OF LAI(E OR STREAMBED ALTERATION 5 AGREEMENT TYPE Check the applicable box.If box B,C,D,or E is checked,complete the specified attachment. A.o Standard (Most construction projects,excluding the categories listed below) B.o Gravel/Sand/Rock Extraction (Attachment A)Mine I.D.Number: C.o Timber Harvesling (Attachment B)THP Number: D.o Water DiversionlExtraction/lmpoundment (Attachment C)SWRCB Number: E.IZl Routine Maintenance (Attachment D)Att-il~'l'le.«t D et:lJ.z:0~ F.o DF·G Fisheries Restoration Grant Program (FRGP)FRGP Contract Number: G.o Master H.o Master Timber Harvesting 6.FEES Please see the current fee schedule to determine the appropriate notification fee.Itemize each project's estimated cost and corresDondino fee.Note:The Department may not process this notification until the correct fee has been received. A.Project B.Project Cost C.Project Fee 1 Project lists and fees to be submitted quarterly 2 3 4 5 D.Base Fee $2,689.50(if applicable) E.TOTAL FEE $2,689.50ENCLOSED 7.PRIOR NOTIFICATION OR ORDER A.Has a notification previously been submitted to,or a Lake or Streambed Alteration Agreemenl previously been issued by,the Department for the project described in this notification? IZlYes (Provide the information below)oNo Applicant:CCCFCWCD Notification Number:MOU 482-91 Date:05107/92 B.Is this notification being submitted in response to an order,nolice,or other directive ("order")by a court or administralive agency (including the Department)? IZl No o Yes (Enclose a copy of the order,notice,or other directive.If the directive is not in writing,identify the person who directed the applicant to submit this notification and the agency he or she represents,and describe the circumstances relating to the order.) o Continued on additional pagers) ) FG2023 Page 20f9 Rev.7/06 ~PROJECT LOCATION NOTIFICATION OF LAKE OR STREAMBED l\LTERATION A.Address or description of project location. (lnc/ude a map that marks the location of the project wilh a reference 10 the nearest city or town,and provide driving directions from a major road or highway) Routine maintenance activities will occur in Contra Costa County Flood Control and Water Conservation District facilities,in Contra Costa County drainage facilities,on County airports (Byron and Buchanan),and in creeks that intersect County road rights of way. D Continued on additional pagers) B.River,stream,or lake affected by the project.ICountYWide creeks C.What water body is the river,stream,or lake tributary to?ICounty creeks and San Francisco Bay D.Is the river or stream segment affected by the project listed in the DYes III No DUnknown,state or federal Wild and Scenic Rivers Acts? .::.County IContra Costa F.USGS 7.5 Minute Quad Map Name G.Township H.Range I.Section J.Y.Section Mare Island Benicia Vine Hill Honker Bay III Continued on additional pagers) K.Meridian (check one)I DHumboldt III MI.Diablo D San Bernardino L.Assesso(s Parcel Number(s) N/A D Continued on additional pagers) M.Coordinates (If available,provide at /easllatitudel1ongitude or UTM coordinates and check appropriate boxes) Latitude:N/A ILongitude:N/A Latitude/Longitude o Degrees/Minutes/Seconds o Decimal Degrees D Decimal Minutes UTM Easting:Northing:I OZone 10 OZone 11 IDatum used for Latitude/Longitude or UTM o NAD 27 ONAD 83 or WGS 84 FG2023 Page 30r9 Rev.7106 NOTIFICATION OF LAKE OR STREAMBED ALTERATION 9.PROJECT CATEGORY AND WORK TYPE (Check each box that applies) PROJECT CATEGORY T NEW T REPLACE I REPAIR/MAINTAIN CONSTRUCTION EXISTING STRUCTURE EXISTING STRUCTURE Bank stabilization -bioengineering/recontouring 0 0 III Bank stabilization -rip-rap/retaining wall/gabion 0 0 III Boat dock/pier 0 0 0 Boat ramp 0 0 0 Bridge 0 0 III Channel clearing/vegetation management 0 0 III Culvert 0 0 III Debris basin 0 0 III Dam 0 0 III Diversion struclure -weir or pump intake 0 0 III Filling of wetland,river,slream,or lake 0 0 0 Geotechnical survey 0 0 0 Habitat enhancement -revegetation/mitigation 0 0 III Levee 0 0 III Low water crossing 0 0 0 Road/lrail 0 0 III Sediment removal-pond,stream,or marina 0 0 III Storm drain outfall structure 0 0 III Temporary stream crossing 0 0 0 Utility crossing:Horizontal Directional Drilling 0 0 0 Jack/bore 0 0 0 Open trench 0 0 0 Other (specify):herbicide application 0 0 III f) ) J / FG2023 Page 4 of 9 Rev.7/06 NOTIFICATION OF LAKE OR STREAMBED ALTERATION 10 PROJECT DESCRIPTION,:.:.:...:.~=:..:..-.::..::.::..c:":":':':'--':':"::-,-,-_ "Describe the project in detail.Photographs of the project location and immediate surrounding area should be included, -Include any structures (e,g"rip-rap,culverts,or channel clearing)that will be placed,built,or completed in or near the stream,river,or lake, -Specify the type and volume of materials that will be used, -If water will be diverted or drafted,specify the purpose or use, Enclose diagrams,drawings,plans,andlor maps that provide all of the following:site specific construction details;the dimensions of each structure andlor extent of each activity in the bed,channel,bank or floodplain;an overview of the entire project area (I.e""bird's-eye View")showing the location of each structure andlor activity,significant area features,and where the equipmenVmachinery will enter ~nd exit the project area, Contra Costa County Flood Control and Water Conservation District (CCCFCWCD)and Contra Costa County Public Works Department (PWD)propose to conduct a number of routine maintenance activities within their flood control facilities,airport properties,and road rights of way throughout Contra Costa County,These activities include sediment and debris removal; vegetation management;maintenance,repair,rehab,and replacement of structures;bank stabilization activities;and temporary water diversions and access,These activities are further defined in the attachment. IZl Continued on additional pagels) S,Specify the equipment and machinery that will be used to complete the project. Equipment used will vary by maintenance activity,Hand tools will include shovels,chain saws,loppers,and weed whackers,Larger equipment will include brush and slope mowers,Bobcat tractors,and general purpose pickup trucks, Winches and cables may be used to remove heavy-limbed vegetation from the stream channel.Heavy equipment such as dump trucks,loaders,backhoes,motor graders,and long reach excavators may be operated on maintenance access roads, Depending on the locatio IZl Continued on additional pagels) C,Will water be present during the proposed work period (specified in box 4,0)in the stream,river,or lake (specified in box 8,B),IZlYes 0 No (Skip /0 box 11) Will the proposed project require work in the wetted portion of the channel?, IZlYes (Enclose aplan to divert water around work site) ONo FG2023 Page 5 org Rev.7106 11.PROJECT IMPACTS NOTIFICATION OF LAKE OR STREAMBED ALTERATION A.Describe impacts to the bed.channel,and bank Of the river,stream,or lake,and the associated riparian habitat. Specify the dimensions of the modifications in length (linear feet)and area (square feet or acres)and the type and volume of material (cubic yards)that will be moved,displaced,or otherwise disturbed,if applicable. Impacts will vary depending on the maintenance activity being undertaken.A detailed list of maintenance activities that occurred will be submitted to the Department quarterly.Additionally,a detailed list of anticipated maintenance activities will be submitted quarterly.Activity-spe.cific BMPs such as dewatering will be implemented to minimize the potential for impacts. o Continued on additional pagels) B.Will the project affect any vegetation?I IZI Yes (Complete the tables below)DNo Veaetation Type Temporary Impact Permanent Impact various grasses,shrubs and invasives Linear feet:Linear feet: Total area:Total area: Linear feet:Linear feet: Total area:Total area: Tree Soecies Number at Trees to be Removed Trunk Diameter (ranoe) various tree species IZI Continued on additional pagels) C.Are any special status animal or plant species,or habitat that could support such species,known to be present on or near the project site? bZlYes (List each species and/or describe the habitat below)DNa o Unknown bZl Continued on additional pagels) D.Identify the source(s)of information that supports a "yes'or "no"answer above in Box 11.C. Results of reconnaissance and pre-construction surveys for multiple capital and maintenance projects;correspondence with wildlife agency staff;correspondence with other wildlife experts bZlContinued on additional pagels) E.Has a biological study been completed for the project site? DYes (Enclose the biological study)IZINo Note:A bioloaical assessmenl or sludy may be reauired 10 evaluale potential project impacts on bioloqical resources. F.Has a hydrological study been completed for the project or proiect site? DYes (Enclose the hydrological study)IZI No Note:A hydrological sludy or olher informalion on site hydrautics (e.g.,flows,channel characteristics,and/or flood recurrence inleNals)may be required 10 evaluate ootential oroiecl impacls on hvdroloov. , FG2023 Page 6 of 9 Rev.7106 NOTIFICATION OF LAKE OR STREAMBED ALTERATION 12.MEASURES TO PROTECT FISH,WILDIFE,AND PLANT RESOURCES ..Describe the techniques that will be used to prevent sediment from entering watercourses during and after construction. ·Appropriate post-construction BMPs will be implemented to prevent channel erosion or destabilization. Nuisance water (work area water)that results from excavation will be pumped from the project area using appropriate BMPs to prevent turbidity levels in the receiving water that exceed San Francisco Bay Basin Plan water quality objectives. No sediment laden water will be discharged downstream. ·A project specific SWPPP will be available on site if necessary.that lists activity appropriate BMPs. Activities will not result in greater than minimal impacts to water quality standards as described in the San Francisco Bay Basin Plan.·No heavy equipment will be operated in stream channels where there is flowing or standing water.Proposed exception: the Department's ar III Continued on additional pagers) B.Describe project avoidance and/or minimization measures to protect fish,wildlife,and plant resources. Freshly poured concrete will be isolated from flowing water for a period of 28 days.If this is not feasible,a commercial sealant will be applied to the concrete and water will be excluded until the sealant dries. No significant tree or shrub removal will occur except when necessary to maintain channel stability or where applicable, to maintain design capacity or access/inspection capability.No permanent channel alteration reSUlting from channel maintenance activities will occur. No materials deleterious to fish or wildlife will be permitted to enter Waters of the State. ·All litter and construction debris will be removed from the worksite daily ·Activities will not result in any permanent barriers to upstream or downstream migration of anadromous fish. If I III Continued on additional pagers) C.Describe any project mitigation and/or compensation measures to protect fish,wildlife,and plant resources . .ole routine maintenance activities proposed for coverage are anticipated to be minimal in their impacts to fish,Wildlife,and plant resources.With incorporation of the measure~noted above,no mitigation and/or compensation measures are expected to be necessary. o Conlinued on additiona'pagers) 13.PERMITS List any local,state,and federal permits required for lhe project and check the corresponding box(es).Enclose a copy of each permit that has been issued. A. B. C. N/A DApplied Dlssued DApplied 0 Issued o Applied 0 Issued D.Unknown whether 0 local,Dstate,or 0 federal permit is needed for the project.(Check each box that applies) I 0 Continued on additional pagers) FG2023 Page 70f9 Rev.7106 NOTIFICATION OF LAKE OR STREAMBED ALTERATION ) IJ 14.ENVIRONMENTAL REVIEW A.Has a draft or final document been prepared for the project pursuant to the California Environmental Quality Act (CEQA) National Environmental Protection Act (NEPA),California Endangered Species Act (CESA)and/or federal Endangered ' Species Act (ESA)? DYes (Check the box for each CEQA,NEPA,CESA.and ESA document that has been prepared and enclose a copy of each) [ll No (Check the box for each CEQA,NEPA,CESA.and ESA document listed belowthat will be or is being prepared) [ll Notice of Exemption o Mitigated Negative Declaration ONEPA document (type): o Initial Study o Environmental Impact Report o CESA document (type): o Negative Declaration o Notice of Determination (Enclose)o ESA document (type): OTHP/NTMP o Mitigation,Monitoring,Reporting Plan B.·State Clearing~ouse Number (if applicable) C.Has a CEQA lead agency been determined?[llYes (Complete boxes 0,E,and F)ONo (Skip to box 14.G) D.CEQA Lead Agency California Department of Fish and Game E.Contact Person I F.Telephone Number I G.If the project described in this notification is part of a larger project or plan,briefly describe that larger project or plan. N/A . o Continued on additional pagers) H.Has an environmental filing fee (Fish and Game Code section 711.4)been paid? o Yes (Enclose proof of payment)III No (Briefly explain below the reason a filing fee has not been paid) To be paid when CDFG files the NOE (if process is necessary since CDFG is the Lead Agency) Note:If a filing fee is required,the Department may not finalize a Lake or Streambed Alteration Agreement until the filing fee is paid. 15.SITE INSPECTION Check one box only. [ll In the event the Department determines that a site inspection is necessary,I hereby authorize a Department representative to enter the property where the project described in this notification will take place at any reasonable time,and hereby certify that I am authorized to grant the Department such entry. o I request the Department to first contact (insert name)_ at (insert telephone number)to schedule a date and time ) to enter the property where the project described in this notification will take place.I understand that this may delay the Department's determination as to whether a Lake or Streambed Alteration Agreement is required and/or the Department's issuance of a draft agreement pursuant to this notification. FG2023 Page 8 of 9 Rev.7/06 NOTIFIC,I\TIOI I OF LAI<E OR STREAMBED ALTERATION 16.DIGITAL FORMAT Is any of the information included as part of the notification available in digital format (i.e.,CD,DVD,etc.)? III Yes (Please enclose the information via digital media with the completed notification form) DNo 17.SIGNATURE I hereby certify that to the best of my knowledge the information in this notification is true and correct and that I am authorized to sign this notification as,or on behalf of,the applicant.I understand that if any information in this notification is found to be untrue or incorrect,the Department may suspend processing this notification or suspend or revoke any draft or final Lake or Streambed Alteration Agreement issued pursuant to this notification.I understand also that if any information in this notification is found to be untrue or incorrect and the project described in this notification has already begun,I and/or the applicant may be subject to civil or criminal prosecution.I understand that this notification applies only to the project(s)described herein and that I and/or the applicant may be subject to civil or criminal prosecution for undertaking any project not described herein unless the Department has been separately notified of that project in accordance with Fish and Game Code section 1602 or 1611. Print Name lADIL.q 2010Date-~~~~--- FG2023 Page 9 of 9 Rev.7/06 i 0><:>0-2.0 /0 'D~7-:? STATE OF CALIFORNIA DEPARTMENT OF FISH AND GAME NOTIFICATION OF LAKE OR STREAMBED ALTERATION Applicant Name:CCCPWD and CCCFCWCD Project Title:Routine Maintenance Agreement ATTACHMENT D Routine Maintenance If the applicant is notifying the Department to obtain an agreement for routine maintenance activities, Section'l must be completed and the information and documents described in Sections II and III must be submitted with the notification. I.REGULARLY RE·QCCURRING MAINTENANCE ACTIVITIES These are generally activities designed to maintain channel capacity.Check each box that applies: III Sediment removal: III In and around bridges,culverts,storm drain outlets,and/or water diversion inlets III Stream channel bottom III Pond or lake o Marina basin o Other:_ III Clearing trash and debris IZl Removing fallen trees III Removing dead (not dormant)trees and shrubs III Vegetation: III Limbing and/or trimming of branches and tree limbs o Vegetation removal under high power lines III Mowing levee slopes and stream banks III Mowing within stream and floodway channels III Removing emergent (e.g.,bulrush and cattails)or other near water vegetation with: IZl hand tools III mechanical vegetation cutters and shredders o heavy equipment (soil disturbance) IZl chemicals .) } FG2023D Page1of3 Rev.07106 NOTifiCATION OF LAKE OR STREAMBED AL TERATION ATTACHMENT D IZJ Removing vegetation from the upper half of the bank with: IZJ hand tools IZJ mechanical vegetation cutters or shredders o heavy equipment (soil disturbance) IZJ chemicals IZJ Removing vegetation from the lower half of bank with: IZJ hand tools IZJ mechanical vegetation cutters or shredders o heavy equipment (soil disturbance) IZJ chemicals IZJ Removing vegetation within the channel with: IZJ hand tools o mechanical vegetation cutters and shredders o heavy equipment (soil disturbance) IZJ chemicals IZJ Removing invasive,non-native plants with: IZl hand tools III mechanical vegetation cutters and shredders o heavy equipment (soil disturbance) III chemicals o Other:' o Debris and brush pile burning o Burning levees bZI Minor erosion repair: IZJ Repair at existing erosion control sites bZI New erosion repair IZJ Revegetation with local,native plant species FG20230 Page 2 of 3 Rev,07106 NOTIFICATION OF LAKE OR STREAMBED ALTERATION ATTACHMENT D IZJ Chemical application: IZJ Herbicides IZJ Rodenticides o Insecticides IZJ Minor bridge work: IZJ Reinforcing pilings IZJ Reinforcing aprons IZJ Bridge painting (access and falsework) Materials to be used for reinforcement:-"c",o",nc",r::::e",te,-,s",le",e",v:..::eoc'.:;re"'b:..::aocr _ 0 Other: 0 Other: 0 Other:._J II.MAP OR MAPBOOK )- Maps must be of sufficient detail to assist in locating maintenance sites and should include the following: A.The applicant's jurisdictional boundaries B.All watercourses within the jurisdictional boundaries where maintenance will occur C.A key to identify each watercourse and the maintenance activities and location (e.g.,bridges, water control diversions,and large scale maintenance)of those activities that are likely to occur Ill.SPECIAL STATUS SPECIES LOCATIONS A drawing,diagram,or map that shows the applicant's jurisdictional boundaries and the locations within that area where special status species are known to exist. 'j FG2023D Page 3 013 Rev.07106 Contra Costa County Flood Control and Water Conservation District Contra Costa County Public Works Department Application for a Routine Maintenance Agreement Answers Continued from the Notification Form 1.Applicant Contra Costa County Flood Control and Water Conservation District (CCCFCWCD)and Contra Costa County Public Works Department (including the County airports) See application form. 2.Contact Person Leigh Chavez -see application form 3.Property Owner Same as applicant 4.Project Name and Agreement Term We are requesting a 10-year Routine Maintenance Agreement from CDFG. Start date:November 1,2010 End date:October 31,2020 Work window:it is critical to note that while the majority of our maintenance activities occur during the dry season (April 15 to October 31),some limited maintenance activities occur into and during the rainy season,and we are also requesting coverage of these activities and their associated timing via this RMA.Following are those activities and their timing: •Cattail removal -initiated in September and continues through the end of November.The timing of cattail removal is based on the following factors:1) removal is not initiated until there is no chance for re-growth (continued warm weather and/or long days leads to re-growth;if removal is done too early, Page 1 of 11 cattails will re-grow necessitating two or more rounds of removal),2)the work is done at the lowest possible flows which is typically September through November,and 3)hand removal is more labor and time intensive but there are a number of locations where we use hand labor where use of chemical control is inappropriate.Without conducting routine cattail removal,the potential for siltation is heightened which leads to more frequent large scale desilt projects that have a considerably greater impact than simple cattail cutting.Further, dead cattails that have not been trimmed can become uprooted during high flows and have the potential to clog downstream storm d rain systems and lead to flooding. •Chemical mowing -application of herbicide occurs in December and February to ensure vegetation growth is curtailed at the appropriate time of year (before substantial growth has occurred which would require application of a greater volume of herbicide).The use of herbicides is limited to those registered for use by Cal EPA for the intended target,location,and climatic conditions.Herbicide applied directly to or adjacent to water (where the application could drift into a waterbody)will be aquatically approved. •Debris/trash/logjam removal at any time of year including high-flow situations from any/all facilities including creeks,trash racks,inlet structures,outlet structures,flap gates,drop structures,culverts,etc.Often District/Department staff is not aware of potential blockages until a resident calls with flooding concerns. •Gravel replenishment along existing gravel access roads (located beyond top of bank) 5.Agreement Type RMA +Attachment D (See enclosed notification and Attachment D) 6.Fees Base fee of $2,689.50 included (see enclosed check). 7.Prior Notification or Order Page 2 of 11 j CCCFCWCD had a joint Memorandum of Understanding (MOU 482-91)signed by Brian Hunter of DFG on April 30,1992 and Milton Kubicek of CCFCWCD on May 7,1992. 8.Project Location A.Routine maintenance activities will occur in Contra Costa County Flood Control and Water Conservation District facilities,in Contra Costa County drainage facilities,on County Airports (Byron and Buchanan),and in creeks that intersect County road rights of way. F.Mare Island,Benicia,Vine Hill,Honker Bay,Antioch North,Jersey Island,Bouldin Island,San Quentin,Richmond,Briones Valley,Walnut Creek,Clayton,Antioch South,Brentwood,Woodard Island,Oakland East,Las Trampas Ridge,Diablo, Tassajara,Byron Hot Springs,Clifton Court Forebay,Livermore 9.Project Category or Work Type See checklist on notification form 10.A.Project Description Contra Costa County Flood Control and Water Conservation District (CCCFCWCD)and Contra Costa County Public Works Department (PWD)propose to conduct a number of routine maintenance activities within their flood control facilities,airport properties, and road rights of way throughout Contra Costa County.Although the District and Department are separate agencies,they are both governed by the same elected officials,both staffed by the same set of employees,their maintenance activities are coordinated,and reporting and payments are documented in a"'single submittal. Consequently,the District and Department are applying for a joint permit.The routine maintenance activities proposed for coverage under the RMA include: I.SEDIMENT AND DEBRIS REMOVAL ACTIVITIES A.Removal of sediment and debris from earthen re-engineered channels. Limit:100 linear feet per location with a cumulative annual total of 1,000 linear feet per facility. B.Removal of sediment and debris from natural channels.Limit:SO linear feet per location with a cumulative annual total of sao feet per facility. Page 3 of 11 c. D, E, Removal of sediment and debris from concrete-lined channels,Limit:500 linear feet per location with a cumulative annual total of 6,000 linear feet per facility, Removal of sediment and debris around facilities such as bridges, culverts,storm drain outlets,trash racks,total trash capture devices, water diversion inlets,This includes removal of up to 50 cubic yards of debris and sediment affecting up to 50 linear feet in natural channels and 100 linear feet in earthen re-engineered and concrete-lined flood control channels, Removal of sediment and debris from enpineered in-channel siltation basins, II.VEGETATION MANAGEMENT A,Limbing,trimming,cutting and removing vegetation above the ground by hand or low impact mechanical means that does not result in incidental fill of waters,Such vegetation control methods include:a)hand removal or pruning of aquatic and terrestri'al woody vegetation by use of loppers, hand saws,chainsaws,weed eaters and other tools;and,b)repeat disturbance by mowing,or mulching of woody vegetation, B,Selective removal of vegetation in accordance with a vegetation management plan developed specifically for that specific water body or channel reach,and designed to optimize the habitat value of appropriate vegetation cover types unless channel is subject to implementation of Corps Operations and Maintenance (O&M)manual. C.Creek or riparian enhancement projects,including:eradication of exotic species,enhancement of fish and wildlife habitat values,and routine maintenance of riparian enhancement projects (pruning,replanting,new planting,irrigation maintenance), D,Vegetation control by application of herbicides,The use of herbicides is limited to those registered for use by Cal EPA for the intended target, location and climatic conditions,Herbicide applied directly to or adjacent to water (where the application could drift into a waterbody)is aquatically approved, E,Use of sheep and goats to manage streambank vegetation and cattails III.MAINTENANCE,REPAIR,REHABILITATION &REPLACEMENT OF STRUCTURES A,Maintenance,repair or rehabilitation of flood control structures such as weirs or gates,tidegates,flapgates,diversion structures,trash racks,total trash capture devices,stream gauge structures,fish ladders,fish screens, grade control structures,energy dissipaters,utility line crossings,bridge Page 4 of 11 ())' structures,culverts,bank protection,outfalls,and stormdrain or pump station inlet/outlet structures. B.In-kind replacement of weirs or gates,tidegates,flapgates,trash racks, stream gauge structures,bank protection,energy dissipaters,utility lines, bridges,diversion structures,culverts and outfalls.Plus replacement of stormdrain or pump station inlet/outlet structures of the same dimension,or with minor deviations in dimension,configuration or alignment. ,c.Maintenance,repair,or in-kind replacement of piers and pilings, including existing footings D.Maintenance or repair of engineered silt basins,debris basins, groundwater recharge basins,flood attenuation basins and retention basins.This includes basins constructed of earth sides and bottoms,and basins lined with hard lining materials. E.Maintenance,repair,or resurfacing of existing roads,bike lanes,paths, and sidewalks located adjacent to creeks. F.Removal of debris,sediment and other obstructions to flow,upstream and downstream of structures including:streamflow measuring stations, culverts,total trash capture devices,outfalls,bridges,diversion structures,energy dissipaters,trash racks,utility lines,silt basins,dams, access ramps,bridges,and weirs and gates (including tidegates and flapgates). IV.BANK STABILIZATION ACTIVITIES A.Repair of concrete lined channels in-kind. B.Repair or replacement of bank stabilization structures with in-kind structures or materials,or with less hardened alternatives (i.e., replacement of rip-rap with in-kind rip-rap,or with vegetated rip-rap, vegetated earthen banks,or biotechnical alternatives such as wooden crib walls). C.Stabilization of channel banks where failing banks are composed of earthen materials,and the stabilization activity uses biotechnical stabilization techniques. D.Installation of hardscape structures (e.g.,rip-rap)for earthen bank failures as a last resort (i.e.,alternative bank stabilization methods would be ineffective). V.TEMPOR'ARY WATER DIVERSIONS AND ACCESS A.Temporary water diversions using appropriate dewatering or water diversion structures (such as silt curtains or cofferdams made of clean Page 5 of 11 materials)or temporary access roads or structures,associated with other ~ channel maintenance activities., B.Equipment Equipment used will vary by maintenance activity.Hand tools will include shovels,chain saws,loppers and weed whackers.Larger eq'uipment win includ e brush and slope mowers,Bobcat tractors,and general purpose pickup tru.cks.Winches and cables may be used to remove heavy-limbed vegetation from the stream channel.Heavy equipment such as dump trucks,loaders,backhoes,motor graders,and long reach excavators may be operated on maintenance access roads.Depending on the location and the time of year,water may be present during the work period so dewatering may be necessary.No heavy equipment will operate in the live (flowing)stream channel with the proposed exception of the Department's articulated arm walking excavator (commonly referred to as the Spyder)in very limited circumstances (i.e.,when the work can be completed quickly and efficiently with only the bucket of the equipment entering the live stream channel,and when installation of a dewatering system is expected to () cause greater impact than the repair itself).This type of equipment (walking excavator with articulated arms)exerts low ground pressure and is low impact relative to other heavy equipment.The Department purchased this equipment specifically because of its low impact qualities (a DVD is included in this application package that shows this type of equipment in operation;please watch the segment on the Terex Walking Excavator). An example of the work expected to be conducted in these conditions is repositioning bank slope protection (i.e.,rip-rap)that has become dislodged from the bank.In the assessment of CCCFCWCD and PWD staff,less impact would likely be caused by using the bucket of the equipment (which includes an opposable thumb)in the water to collect and redistribute dislodged riprap than by installation of cofferdams. 11.Project Impacts A.Impacts will vary depending on the maintenance activity being undertaken.A detailed list of maintenance activities that occurred will be submitted to the Department quarterly.Additionally,a detailed list of anticipated maintenance .,) Page 6 of 11 activities will be submitted quarterly.Activity-specific BMPs such as dewatering will be implemented to minimize the potential for impacts. C.Several special status species are known to occur in CCCFCWCD and/or County road facilities including California red-legged frog,tricolored blackbird,saltmarsh harvest mouse (in pickleweed/saltmarsh areas),clapper rail (saltmarsh),black rail (saltmarsh),California burrowing owl,and anadromous fish in Pinole Creek and possibly Alhambra Creek (although NOAA-NMFS Restoration Center staff Kit Crump was unaware of presence of steelhead on Alhambra Creek,pers.com.11/02/10). Please note that while the following creeks have had historic runs of steelhead,they are no longer considered steelhead streams for the following reasons: •San Pablo -per Kit Crump (of the NOAA-NMFS Restoration Center),there are three known barriers to migration (pers.com.11/02/10) •Walnut Creek -while random strays enter Walnut Creek,Gary Stern of NOAA-NMFS has indicated that "Walnut Creek does not support a run of steelhead due to an impassable barrier in the lower creek's flood control channel."Further,he indicated it is "OK for the Corps/Caltrans to make a 'no effect'determination"for the creek with regards to steelhead (G.Stern,May 28,2009) •Wildcat Creek -there is a known population of rainbow trout in the upper watershed,but no steelhead are known to have successfully returned to the creek.NOAA-NMFS has consistently given projects in Wildcat Creek at Not Likely to Adversely Affect determination and has allowed work until October 31 st .Further Kit Crump of the NOAA-NMFS Restoration Center indicated Wildcat is not considered a steelhead creek. In addition,California tiger salamander,California red-legged frog,and fairy shrimp (not ID'd to species)occur at the Byron Airport.It is important to note that Byron Airport has Habitat Management Lands (HML)with a very specific maintenance regime and maintenance requirements.No routine maintenance activities will be conducted on the HML other than those required by,and consistent with,the HML Management Plan. An oversized map showing the locations where special status species are known to exist on CCCFCWCD facilities and County-maintained roads is enclosed. 12.Measures to Protect Fish,Wildlife,and Plant Resources Page 7 of 11 A.Techniques to prevent sediment from entering watercourses during and after construction • • • • • .. • • • • Appropriate post-construction BMPs will be implemented to prevent channel erosion or destabilization. Nuisance water (work area water)that results from excavation will be pumped from the project area using appropriate BMPs to prevent turbidity levels in the receiving water that exceed San Francisco Bay Basin Plan water quality objectives.No sediment laden water will be discharged downstream. A project specific SWPPP will be available on site if necessary,that lists activity appropriate BMPs. Activities will not result in greater than minimal im pacts to water quality standards as described in the San Francisco Bay Basin Plan. No heavy equipment will be operated in stream channels where there is flowing or standing water.Proposed exception:the Department's articulated arm walking excavator that can operate in the water with limited impact,and is expected in limited circumstances to create less of an impact than installation of a dewatering system Dewatering systems will be constructed of cofferdams made of clean materials (e.g.,river run cobble,hay bales,sand bags,plastic,etc.), Water diversion around a work site may also be accomplished via installation of a weighted silt curtain which would allow the bucket of the equipment to enter the water (the body of the equipment would not' enter the water). No debris,soil,silt,sand,cement,concrete,or washings thereof,or other construction related materials or wastes,oil or petroleum products or other organic or earthen material shall be allowed to enter into or be placed where it may be washed by rainfall or runoff into waters of the State.When operations are completed,any excess material will be removed from the work area and any areas adjacent·to the work area where such material may be washed into waters of the State. Appropriate BMPs will be incorporated into each project to minimize the re-suspension and discharge of sediments and other pollutants downstream. Sediment and debris removed from a channel will be handled,stored and disposed of in accordance with applicable regulatory requirements (e.g., dredge material should never be temporarily stockpiled without adequate containment,and there should be no discharge of sediment laden water from storage impoundments in violation of applicable water quality standards). All exposed/disturbed areas left barren of vegetation will be seeded with a blend of native and sterile non-native erosion control grass seed and Page 8 of 11 . J covered with mulch,straw,jute netting,coconut fiber blanket or similar erosion control blanket. B.Project avoidance and minimization measures to protect fish,wildlife,and plant resources •Freshly poured concrete will be isolated from flowing water for a period of 28 days.If this is not feasible,a commercial sealant will be applied to the concrete and water will be excluded until the sealant dries. •No significant tree or shrub removal will occur except when necessary to maintain channel stability or where applicable,to maintain design capacity or access/inspection capability.No permanent channel alteration resulting from channel maintenance activities will occur. •No materials deleterious to fish or wildlife will be permitted to enter Waters of the State. •All litter and construction debris will be removed from the worksite daily •Activities will not result in any permanent barriers to upstream or downstream migration of anadromous fish. •If listed or special status species are expected to occur in the work area,a qualified biologist with the expertise to identify the species and their habitats will conduct a preconstruction survey within S days of initiation of construction.If no sensitive species are identified,work will be initiated, •If listed species are identified during the preconstruction surveys,County Environmental staff will contact DFG for further guidance prior to initiating maintenance activities.In this circumstance (where listed species are identified during preconstruction surveys),the County proposes to have a qualified biologist present on-site during all maintenance activities to ensure no take occurs,The County recognizes that the RMA is not a take permit and provides no take coverage, including no coverage for relocation or harassment of the species. •If listed species are identified during the work,maintenance activities will stop and County Environmental staff will contact DFG for further guidance •Stranded wildlife will be captured and relocated to the closest body of water adjacent to the work site.Species of concern (not listed species) will be relocated to a nearby and safe location by a qualified biologist. •Herbicides will be applied in no or low-wind conditions •If tree removal will occur during the nesting season (February 15 to August 31),and tree canopies are not completely visible to verify they are clear of nests,a nesting bird survey will be conducted by a qualified Page 9 of 11 • • biologist within two weeks of initiating maintenance activity.If nesting birds are present,work will be postponed until August 15. Existing stream and riparian habitat such as pools,riffles and wetlands will be protected to the maximum extent possible.Disturbance or removal of vegetation will not exceed the minimu m necessary to complete operations.The channel and banks will be stabilized as necessary through use of appropriate post-construction BMPs,including the successful reestablishment of native vegetation as appropriate,to enhance fish and wildlife habitat vaiues,and to prevent and control erosion and sedimentation. Timing of work (other than emergency logjam and/or debris removal necessary to relieve flooding)in known anadromous fish creeks (Pinole Creek)will occur between June 15 and October 15 to avoid impacts to anadromous fish. C.Not applicable.The routine maintenance activities proposed for coverage are anticipated to be minimal in their impacts to fish,wildlife,and plant resources.With incorporation of the measures noted above,no mitigation and/or compensation measures are expected to be necessary. 13.Permits N/A 14.Environmental Review It is our understanding that the California Department of Fish and Game will be the Lead Agency approving the project and will file a Notice of Exemption. 15.Site Inspection Note:often CCCFCWCD facilities are locked.DFG personnel can contact CCCFCWCD staff for access 16.Digital Format 'j Page 10 of 11 A disk with all the information that is available digitally is enclosed. 17.Signature See notification form Supporting attachments •Conceptual dewatering plan •Countywide map identifying CCCFCWCD facilities and County maintained roads and known locations of sensitive species in these facilities •Series of llx17 maps,including an index map,with CCCFCWCD maintained facilities and maintenance activities identified Page 11 of 11 State of California The Natural Resources Agency DEPARTMENT OF FISH AND WILDLIFE Bay Delta Region 7329 Silverado Trail Napa,CA 94558 (707)944-5500 www.wildlife.ca.aov EDMUND G.BROWN JR..Governor CHARLTON H.BONHAM,Director September 30,2015 Julie Bueren Contra Costa County Public Works Department Flood Control and Water Conservation District 255 Glacier Drive Martinez,CA 94553 Subject:Extension of Lake or Streambed Alteration Agreement Notification No.1600-2010-0367-R3 Routine Maintenance Agreement,Contra Costa County Dear Ms.Bueren: The California Department of Fish and Wildlife (“Department")received your request to extend Lake or Streambed Alteration Agreement (“Agreement")and extension fee,for the above referenced agreement.The Department hereby grants your request to extend the Agreement from December 31,2015 to December 31,2019.All other conditions in the original Agreement remain in effect.This is a one time extension only. Copies of the original Agreement and this letter must be readily available at project worksites and must be presented when requested by a Department representative or other agency with inspection authority. If you have any questions regarding this matter,please contact Robert Stanley, Environmental Scientist at (707)944-5573 or robert.stanlev@wildlife.ca.aov. Sincerely, Environmental Program Manager Bay Delta Region cc:Ave Brown;abrow@pw.cccountv.us Lieutenant Christensen Conserving CaCifornia’s WifcCCife Since 1870 FOR DEPARTMENT USE ONLY Date Received Fee Enclosed Approved?Date Approved Expiration Date cf/zL//zÿlS'$zytT.SE Yes No vÿr &bi z1!ÿ c2tui /C27/.STATE 0F CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE REQUEST TO EXTEND LAKE OR STREAMBED ALTERATION AGREEMENT Complete EACH field and attach additional pages if necessary.Please refer to the fee schedule and submit the correct fee with extension request. 1.APPLICANT REQUESTING EXTENSION If the applicant is a business,agency,or utility,please include the name of the applicant’s representative,who should be an employee of the applicant. Name Julie Bueren Business/Agency Contra Costa County Public Works Department and Flood Control and Water Conservation District Street Address 255 Glacier Drive City,State,Zip Martinez CA 94553 SFP 2 v 2015 Telephone (925)313-2311 Fax (925)313-2300 Email abrow@pw.cccounty.us 2.PROJECT INFORMATION Agreement number 1600-2010-0367-R3 Original expiration date December 31 2015 New expiration date requested December 31 2020 Specify:1)the work that has been completed;2)the work that needs to be completed;and 3)the amount of time needed to complete the work. 1)Routine stream and channel maintenance activities in Contra Costa County at sites specified in annual reports submitted to DFW during the life of the permit . 2)Continued routine stream and channel maintenance activities in Contra Costa County as described in the Project Description of the current permit. 3)Routine maintenance is an on going requirement in the County's streams and channels and flood control facilities and we are requesting a five-year extension of the existing permit. Continued on additional page(s) LSA AGREEMENT EXTENSION Page 1 of 2 Rev.1/13 REQUEST TO EXTEND LAKE OR STREAMBED ALTERATION AGREEMENT 2.PROJECT INFORMATION,continued. Specify the reason(s)for the extension request As stated above,routine maintenance activities are an ongoing responsibility of the Contra Costa County Public Works Department and the Contra Costa County Flood Control and Water Conservation District.The current permit has been extremely successful in allowing work to be conducted while avoiding impacts and ensuring no take of special status species.One minor change is suggested;Section 2.29 references 5 dams.The County now has 6 dams with the addition of the dam at Upper Sand Creek Basin.No additional types of work,methods of conducting work,or other amendments are requested -the existing permit does a thorough job of covering the types of routine maintenance that the County/Flood Control District conduct.The current Agreement's resource protection and species avoidance and minimization measures and work procedures (including pre-construction habitat assessments)have been very successful at anticipating and warning of potential risk and avoiding impacts to species.In locations where there is a risk of impact,we do not conduct work under the RMA;instead we elevate the project to a formal project and coordinate with the Department of Fish and Wildlife for a standard project-specific Streambed Alteration Agreement (this was the case with Sycamore Creek Rock and Silt Removal and the Marsh Creek Road Wingwall Repair Project).continued on additional page(s) Note:The Department may not process this extension request until the extension fee has been received. 3.SIGNATURE I hereby certify that to the best of my knowledge the information in this extension request (“request”)is true and correct and that I am authorized to sign this request as,or on behalf of,the applicant.I understand that if any information in this request is found to be untrue or incorrect,the Department may suspend processing this request.I understand also that if any information in this request is found to be untrue or incorrect,I and/or the applicant may be subject to civil or criminal prosecution. A-IAJ \£.) Print Name Note:If approved,a copy of this form must be available at the work site with the original agreement. LSA AGREEMENT EXTENSION Page 2 of 2 Rev.1/13 Appendix B East Contra Costa County Regional General Permit Regional General Permit 1 U.S. Army Corps of Engineers, Sacramento District 1325 J Street, Sacramento, CA 95814 www.spk.usace.army.mil/Missions/Regulatory.aspx Minimal Impact Activities East Contra Costa County, California EFFECTIVE: June 6, 2017 EXPIRES: June 6, 2022 NOTE: The term "you" and its derivatives, as used in this permit, means the permittee. The term "this office" refers to the U.S. Army Corps of Engineers, Sacramento District. ISSUING OFFICE: U.S. Army Corps of Engineers, Sacramento District ACTION ID: SPK-2001-00147 AUTHORITY: Section 404 of the Clean Water Act for the discharge of dredged or fill material in waters of the United States. PURPOSE: The purpose of this RGP is to provide a simplified and expeditious means to authorize activities in waters of the United States (U.S.), including wetlands, that are substantially similar in nature and cause only minimal individual and cumulative impacts, within the area covered by the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP), dated December, 2006. This RGP is part of an overall strategy envisioned in the HCP/NCCP to balance the protection of important natural resources with long term economic development in the area covered by the HCP/NCCP. The HCP/NCCP is intended to enhance protection of important natural resources, including 28 listed and non-listed species and waters of the United States, by coordinating conservation activities at a regional and watershed scale, enabling protection of large, contiguous resource- rich areas and preservation of ecosystem processes and watershed functions. Appendix J of the HCP/NCCP contains a partial inventory and assessment of the functions and services of waters of the U.S. located within the HCP/NCCP Plan Area. The HCP/NCCP, associated documents and other program information are available to the public at: http://www.cocohcp.org. Definitions associated with this RGP are provided under the “Definitions” section at the end of the RGP. LOCATION: The area covered by this RGP is east Contra Costa County, including the cities of Clayton, Brentwood, Oakley, and Pittsburg, and other areas of east Contra Costa County. It is geographically coincident with the “Plan Area” of the HCP/NCCP (see Figures 1a and 1b). ACTIVITIES COVERED: This RGP authorizes specific categories of activities with minimal individual and cumulative impacts on the aquatic environment that meet the terms and conditions of this permit. Temporary structures, fills, and work necessary to construct an activity authorized by this RGP (e.g., cofferdams, access roads) are allowed, provided such Page 2 Regional General Permit 1 U.S. Army Corps of Engineers, Sacramento District 1325 J Street, Room 1480, Sacramento, CA 95814-2922 http://www.spk.usace.army.mil/organizations/cespk-co/regulatory/index.html work complies with the terms and conditions of this RGP inclusive of special conditions that the Corps may add. This RGP applies only to HCP/NCCP Covered Activities, as set forth in Section 2.3 of the HCP/NCCP (also see Definitions section). Any question as to whether a proposed activity is considered a Covered Activity under the HCP/NCCP shall be subject to confirmation by the East Contra Costa County Habitat Conservancy (Conservancy) (see Definitions section). The HCP/NCCP Covered Activities are divided among the following Activity categories in this RGP for purposes of assigning Activity-specific conditions (see section Activity Specific Conditions): 1. Residential, commercial, industrial, institutional, and other urban developments and associated infrastructure inside the Urban Limit Line of Contra Costa County or inside the City Limits of the Cities of Brentwood, Clayton, Oakley and Pittsburg, including but not limited to roads, utilities, parks, storm water management facilities, and water supply and delivery facilities. (Activity-specific conditions: 1 through 4). 2. Recreation projects, including parks, picnic areas, staging areas, trails and park maintenance facilities. Applies only to the activities set forth in Sections 2.3.2 and 2.3.4 of the HCP/NCCP. (Activity-specific conditions: 1 through 4). 3. Flood control detention basins, reservoirs1, channels, and related facilities. Applies only to the specific planned facilities set forth in Section 2.3.2 of the HCP/NCCP. (Activity-specific conditions: 1 through 4). 4. Transportation projects, including road construction and widening, bicycle trails, rail projects, bridges and safety-related projects. Applies only to the specific planned facilities set forth in Section 2.3.2 of the HCP/NCCP. (General conditions apply only). 5. Wetland and stream restoration, creation, enhancement and management. Applies only to activities set forth in Sections 2.3.2 and 2.3.4 of the HCP/NCCP. (Activity-specific conditions: 1, 2 and 4). 6. Utility projects, including electrical transmission projects, cellular communication projects and pipelines. Applies only to the activities set forth in Sections 2.3.2 and 2.3.4 of the HCP/NCCP. (Activity-specific condition 4). 7. Maintenance, repair, rehabilitation or replacement of any previously authorized (under the RGP or other Corps permit), currently serviceable, structure or fill. Applies only to the maintenance activities set forth in Sections 2.3.1 and 2.3.3 of the HCP/NCCP. (General conditions apply only). This RGP does not cover any activities in waters of the U.S. conducted in emergency situations. 1 The proposed Los Vaqueros Reservoir Expansion project is not covered by the HCP/NCCP as per Section 2.4 of the HCP/NCCP Page 3 Regional General Permit 1 U.S. Army Corps of Engineers, Sacramento District 1325 J Street, Room 1480, Sacramento, CA 95814-2922 http://www.spk.usace.army.mil/organizations/cespk-co/regulatory/index.html PERMIT DURATION: This permit is valid for five years from issuance, and will expire on June 6, 2022. If this RGP is not modified or reissued by the expiration date, it automatically expires and becomes null and void. The Corps may re-evaluate the terms and conditions of this permit at any time it deems necessary to protect the public interest. This permit may be re- issued, after public notice and documentation of the decision. Activities under this permit must be verified in writing by the Corps. Verifications are valid until the permit expires. TERMS OF AUTHORIZATION: 1. Applying for RGP authorization. Prior to commencing a proposed activity, applicants seeking authorization under this RGP shall notify the Corps in accordance with RGP general condition number 18 (Notification). If the Corps determines that an activity is not an eligible activity under the RGP, it will notify the applicant in writing within thirty (30) calendar days and provide instructions on the procedures to seek authorization under a standard permit, letter of permission or Nationwide permit. If the Corps determines that a proposed activity is eligible for coverage under the RGP, it will notify the applicant within 45 calendar days of receipt of a complete application. If the Corps does not provide a written response to the applicant within 45 calendar days following receipt of a complete application, the applicant may presume the proposed activity is an eligible activity that may be covered under the RGP, provided the activity complies with all other terms and conditions of the RGP. 2. Impact Thresholds for waters of the U.S. Impacts to waters of the U.S. shall be avoided and minimized to the maximum extent practicable. The loss of waters of the U.S. (including wetlands) resulting from individual project impacts may not exceed a total of 1.5 acres or more than 300 linear feet of perennial, intermittent or 3rd or higher order ephemeral streams (as defined in Table 2 of the RGP and further described in the HCP/NCCP), unless the linear foot limit is waived in writing by the Corps. Additional restrictions are listed in the General and Activity-Specific Conditions. 3. Single and complete project. The activity must be a single and complete project (see Definitions section). The same RGP authorization cannot be used more than once for the same single and complete project. 4. After-the-fact projects. This RGP may not be used to authorize activities after they have impacted waters of the U.S. 5. Compliance with HCP/NCCP Conditions. Activities to be authorized under this RGP must be HCP/NCCP Covered Activities and must fully comply with the HCP/NCCP. Compliance with the HCP/NCCP requires applicants to implement the appropriate conservation measures outlined in Chapter 6 of the HCP/NCCP. 6. Special conditions. The Corps may add special conditions to an authorization to ensure the activity complies with the terms and conditions of the RGP, and/or that adverse Page 4 Regional General Permit 1 U.S. Army Corps of Engineers, Sacramento District 1325 J Street, Room 1480, Sacramento, CA 95814-2922 http://www.spk.usace.army.mil/organizations/cespk-co/regulatory/index.html impacts on the aquatic environment or other aspects of the public interest are individually and cumulatively minimal. 7. Activity completion. Any activity authorized by the Corps under the RGP shall be completed by the date specified in “Permit Duration,” above. Furthermore, activities authorized under this RGP that have commenced or are under contract to commence will have 12 months from the date of the RGP’s expiration, reissuance, modification or revocation to complete the activity under the terms and conditions of the RGP. 8. Discretionary Authority. The Corps has the discretion to suspend, modify, or revoke authorizations under this RGP. This discretionary authority may be used by the Corps to also further condition or restrict the applicability of the RGP for cases in which it has concerns associated with the Clean Water Act Section 404(b)(1) Guidelines, or regarding any public interest factor. Should the Corps determine that a proposed activity may have more than minimal individual or cumulative adverse impacts to aquatic resources or otherwise be contrary to the public interest, the Corps will modify the authorization to reduce or eliminate those adverse effects, or notify the applicant that the proposed activity is not authorized by the RGP and provide instructions on how to seek authorization under an individual permit. The Corps may restore authorization under the RGP at any time it determines that the reason for asserting discretionary authority has been resolved or satisfied by a condition, project modification, or new information. The Corps may also use its discretionary authority to modify, suspend, or revoke the RGP at any time. GENERAL CONDITIONS: The following general conditions apply to all Activity categories: 1. Threatened and Endangered Species: No activity is authorized under the RGP that does not comply with the mandatory terms and conditions of the USFWS’s “Programmatic Biological Opinion for a Regional General Permit for the East Contra Costa Habitat Conservation Plan/Natural Community Conservation Plan, Contra Costa County, California” (USFWS #81420-2011-F-0655, dated April 30, 2012) (copy attached). The Biological Opinion contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with “incidental take” authorization under this RGP. Authorization under this RGP is conditional upon your compliance with all of the mandatory terms and conditions of the Biological Opinion. Failure to comply with the terms and conditions of the Biological Opinion would constitute non-compliance with the RGP. The USFWS is the appropriate authority to determine compliance with the terms and conditions of the Biological Opinion, and with the ESA. The permittee must comply with all applicable conditions of this Biological Opinion, including those ascribed to the Corps. If the proposed activity may affect Federally-listed endangered or threatened species that are not covered under the Programmatic Biological Opinion, specifically, species under the authority of the National Marine Fisheries Service, the Corps will initiate consultation with the National Marine Fisheries Service, pursuant to Section 7 of the Endangered Species Act, as appropriate. Page 5 Regional General Permit 1 U.S. Army Corps of Engineers, Sacramento District 1325 J Street, Room 1480, Sacramento, CA 95814-2922 http://www.spk.usace.army.mil/organizations/cespk-co/regulatory/index.html 2. Water Quality Certification: Section 401 Water Quality Certification is required for activities to be authorized by this RGP. The Corps may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal impacts, individually or cumulatively. 3. Historic Properties: No activity is authorized under the RGP if the activity may affect historic properties listed, or eligible for listing, in the National Register of Historic Places, until the requirements of Section 106 of the National Historic Preservation Act (NHPA), as amended, have been satisfied. Applicants must notify the Corps if the activity may have the potential to cause effects to any historic properties listed, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified historic properties. The Corps will consult with the State Historic Preservation Officer (SHPO), as appropriate, following the policy and procedural standards of 33 CFR Part 325 Appendix C . 4. Unanticipated Cultural Resources Discoveries: If any previously unknown historic, cultural or archeological remains or artifacts are discovered while accomplishing an activity authorized by this RGP, this permit, the applicant must immediately notify the Corps, and to the maximum extent practicable, avoid construction activities that may affect the remains and artifacts until the required coordination has been completed. The Corps will initiate the Federal, Tribal, and state coordination required to determine if the items or remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 5. Fills within 100-Year Floodplains: The activity must comply with applicable FEMA- approved state or local floodplain management requirements. 6. Bed and Bank Stabilization: Bank stabilization activities are limited to: a) using the minimum amount of material needed for erosion protection; b) no more than 500 feet in length along the bank, unless this criterion is waived in writing by the Corps; and c) no more than an average of 1 cubic yard of material per running foot placed along the bank below the plane of the ordinary high water mark or high tide line, unless this criterion is waived in writing by the Corps. 7. Best Management Practices: Best Management Practices (BMPs) must be employed during construction and in project design to protect water quality and minimize impacts of stormwater runoff on aquatic resources. BMPs should be appropriately located in or adjacent to waters of the U.S. (e.g., silt curtains). The applicant shall employ the following BMPs, as appropriate and feasible, in designing and constructing the project. The applicant shall describe which BMPs are practicable as part of the notification procedure as per general condition #18, subpart (b): a. Preservation of natural resource features on the project site (e.g., floodplains, wetlands, streams, and other drainageways, grasslands, woodlands, and native soils); b. Preservation of natural water infiltration and storage characteristics of the site; Page 6 Regional General Permit 1 U.S. Army Corps of Engineers, Sacramento District 1325 J Street, Room 1480, Sacramento, CA 95814-2922 http://www.spk.usace.army.mil/organizations/cespk-co/regulatory/index.html c. Minimization of new impervious surfaces in project design (impervious surfaces may be minimized through practices such as reducing road widths and clustering developments designed around open space); d. Structural measures that provide water quality and quantity control; e. Construction BMPs; f. Low impact development (LID) BMPs. Examples of structural BMPs include: vegetated natural buffers, grassed swales, infiltration trenches, level spreaders and channel grade controls. Examples of construction BMPs include: matting and filter fencing, or other barrier methods to intercept/capture sediment. 8. Proper Maintenance: Any authorized structure or fill shall be properly maintained, including maintenance necessary to ensure public safety and the movement of aquatic organisms. 9. Aquatic Life Movements: No activity may substantially disrupt the necessary life cycle movement of aquatic species indigenous to the water body, including those species that normally migrate through the area, unless the activity’s primary purpose is to impound water. Culverts placed in streams must be installed to maintain low-flow conditions. If feasible, they should be designed as open-bottom culverts. 10. Equipment: Heavy equipment working in wetlands must be placed on mats, or other measures, such as low-ground pressure equipment, must be taken to minimize soil disturbance. 11. Tribal Rights: No activity or its operation may impair reserved Tribal rights, including, but not limited to, reserved water rights and treaty fishing and hunting rights. 12. Water Supply Intakes: No discharge of dredged or fill material may occur in the proximity of a public water supply intake, except where the discharge is for the repair or improvement of the intake structure(s), and/or adjacent bank stabilization. 13. Suitable Material: No discharge of dredged or fill material may consist of unsuitable material and material discharged must be free from toxic pollutants in toxic amounts (section 307 of the Clean Water Act). Unsuitable material includes, but is not limited to, trash, debris, car bodies, and asphalt. 14. Management of Water Flows: To the maximum extent practicable, the pre-construction course, condition, capacity, and location of open waters must be maintained. The activity must be constructed to withstand expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or manage high flows. The activity may alter the pre-construction course, condition, capacity, Page 7 Regional General Permit 1 U.S. Army Corps of Engineers, Sacramento District 1325 J Street, Room 1480, Sacramento, CA 95814-2922 http://www.spk.usace.army.mil/organizations/cespk-co/regulatory/index.html and location of open waters if it benefits the aquatic environment (e.g., stream restoration project). 15. Migratory Bird Breeding Areas: Activities in waters of the U.S. that serve as breeding areas for migratory birds shall be avoided to the maximum extent practicable. 16. Removal of Temporary Fills and Restoration of Affected Areas: Temporary fills shall be removed in their entirety and the affected areas returned to pre-construction elevations. The affected areas shall be revegetated with native vegetation upon completion of the project. A restoration plan, which includes a 1-foot contour topographic map, must be submitted with the notification to the Corps. 17. Compensatory Mitigation: Compensatory mitigation for unavoidable impacts to waters of the U.S. must be accomplished by conforming to the minimum mitigation ratios set by the HCP/NCCP, as summarized in Table 1. Mitigation proposals are required to be consistent with the Federal mitigation rule (33 CFR Part 332). a. The preferred mechanism for providing compensatory mitigation is by acquiring mitigation bank credits or in-lieu fee (ILF) program credits from a Corps-approved bank or ILF program, respectively. However, if an appropriate number and type of mitigation bank or ILF credits are not available at the time of notification (see general condition #18), permittee-responsible mitigation may be proposed. Pursuant to the Federal mitigation rule, the preference hierarchy for use of banks, ILF programs and permittee-responsible to fulfill compensatory mitigation requirements can be overridden based on project- specific considerations (33 CFR 332[b][2]). b. Prior to proceeding with the activity authorized by this RGP, a final mitigation plan must be approved by the Corps, and mitigation fees (if applicable, e.g., bank and/or ILF program) must be paid. When mitigation fees are applicable, evidence of fee payment must be provided to the Corps before commencement of the activity authorized by this RGP can be initiated. c. If the RGP verification includes permittee-responsible compensatory mitigation, the mitigation plan must contain a reporting procedure consistent with the Corps’ mitigation rule (33 CFR Part 332.4[c][10]), Monitoring Requirements, as well as any Sacramento District and/or South Pacific Division compensatory mitigation guidance applicable at the time of application review. 18. Notification: The applicant shall provide written notification (i.e., a complete application) for a proposed activity to be authorized under the RGP prior to commencing the activity. The Corps’ receipt of the complete application is the date when the Corps receives all required notification information from the applicant (see below). Written notification shall include all of the following: Page 8 Regional General Permit 1 U.S. Army Corps of Engineers, Sacramento District 1325 J Street, Room 1480, Sacramento, CA 95814-2922 http://www.spk.usace.army.mil/organizations/cespk-co/regulatory/index.html a. A letter signed by the applicant requesting authorization under the RGP, identifying the Activity Category(s), a description of the proposed activity, the location of the activity (with latitude and longitude), and the area (in acres, and/or linear feet as applicable) of waters of the U.S., including wetlands, to be impacted; b. For each general and applicable activity-specific condition of this RGP, a brief narrative describing how the activity would comply with the condition, or that the condition does not apply; c. A vicinity map, plan-view and cross-section drawings clearly depicting the location, size and dimensions of the proposed activity, including areas to be used for access and staging. The drawings shall contain a title block, legend and scale, nearby structures, parcel boundaries, and dimensions of the proposed dock and associated access. Unless waived on a case by case basis at the Corps' discretion, all drawings shall comply with the Updated Map and Drawing Standards for the South Pacific Division Regulatory Program, which can be found at http://www.spd.usace.army.mil/Missions/Regulatory/Public-Notices-and- References/Article/651327/updated-map-and-drawing-standards/. d. A delineation of aquatic resources in accordance with the Sacramento District’s Minimum Standards for Acceptance of Aquatic Resources Delineation Reports (available at http://www.spk.usace.army.mil/Portals/12/documents/regulatory/jd/minimum- standards/Minimum_Standards_for_Delineation_with_Template-final.pdf), or updated standards adopted by the Sacramento District, unless specifically waived by the Sacramento District. e. A written statement explaining how the activity has been designed to avoid and minimize adverse effects, both temporary and permanent, to waters of the U.S. f. A cultural resource survey report for the project site, including all staging, access and construction areas. The report must be prepared in accordance with the March 24, 2014, Sacramento District Guidelines for Compliance with Section 106 of the NHPA, which can be found at http://www.spk.usace.army.mil/Portals/12/documents/regulatory/sec-106- tribal/FINAL_2014-03-24_Section-106-Guidelines.pdf (or more recent guidance, if applicable). If the Corps determines that the activity complies with the terms and conditions of the RGP, including confirmation that proposed impacts to aquatic resources are minimal, the Corps will notify the applicant in writing and include any special conditions deemed necessary. If the Corps determines the impacts of the proposed activity are more than minimal, the Corps will notify the applicant that the project does not qualify for authorization under the RGP and instruct the applicant on the procedures to seek authorization under an individual permit. Page 9 Regional General Permit 1 U.S. Army Corps of Engineers, Sacramento District 1325 J Street, Room 1480, Sacramento, CA 95814-2922 http://www.spk.usace.army.mil/organizations/cespk-co/regulatory/index.html 19. Reporting Responsibilities: The permittee must submit a letter report to the Corps within 30 days of project completion. The report will contain the following: a. The Corps’ file number; b. Photographs showing pre- and post-construction project conditions; c. A completed compliance certification. 20. Access: The permittee must allow representatives from the Corps to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of the permit. 21. Transfer of RGP Authorization: If the permittee sells the property associated with this permit, the permittee must obtain the signature and mailing address of the new owner on the permit verification letter, and forward a copy to this office to validate the transfer. ACTIVITY SPECIFIC GENERAL CONDITIONS: The following general conditions apply to Activity categories specified at the end of each condition. 1. Stream Setbacks. Consistent with the requirements of the HCP/NCCP, stream setbacks shall be established. See the HCP/NCCP for detailed stream setback requirements, summarized in Table 2 of this RGP. Waters of the U.S. shall not be filled in order to meet the buffer requirements (Activity categories 1, 2, 3 and 5). 2. Permanent Protections. All preserved, created, restored or enhanced waters of the U.S. and adjacent buffers on the project site shall be preserved and permanently protected through a deed restriction, conservation easement, or other appropriate real estate or legal instrument, consistent with the requirements of the HCP/NCCP as determined by the Corps. A recorded copy of the real estate instrument must be provided to the Corps prior to proceeding with any activity otherwise authorized by this RGP (Activity categories 1, 2, 3 and 5). 3. Fencing and Signage. Preserved areas on the project site must be fenced and signed as sensitive areas to discourage human disturbance (Activity categories 1, 2 and 3). 4. Utility Lines. All utility lines shall be constructed in accordance with the following: a. The construction area for linear utility line projects shall be limited to a width of 75 feet, unless this limit is waived in writing by the Corps. b. For utility line projects, directional drilling, clear span or other techniques that do not contact the waterbody shall be used if the waterbody contains perennial flow. c. Material resulting from trench excavation may be temporarily sidecast (up to 60 days) into waters of the U.S., provided that the material is not placed in such a manner Page 10 Regional General Permit 1 U.S. Army Corps of Engineers, Sacramento District 1325 J Street, Room 1480, Sacramento, CA 95814-2922 http://www.spk.usace.army.mil/organizations/cespk-co/regulatory/index.html that is dispersed by currents or other forces. The Corps may extend the period of temporary side casting for no more than a total of 180 days, where appropriate. d. Utility lines must not adversely alter existing hydrology, including draining of wetlands. In wetland areas, utility line trenches shall be lined with clay, or other impermeable materials or structures (such as cut-off walls) to ensure that the trench through which the utility line is installed does not drain waters of the U.S. In addition, to prevent a french drain effect, gravel cannot be used as backfill material in the top 10 feet of the trench. e. In wetland areas, the top 6”-12” of the trench shall be backfilled with topsoil excavated from the trench in the same stratification in which it was removed. f. Excess material shall be removed to upland areas immediately upon completion of utility line construction in any segment of the project containing waters of the U.S. In no case shall the excess material be left in place until the entire utility line is completed. g. The construction area, including unprotected slopes and streambanks, shall be stabilized (e.g., blanketed and seeded) immediately upon completion of the utility line construction in any segment of the project. In no case shall soil stabilization be delayed until the entire utility line is completed. h. Temporarily disturbed construction areas must be restored to pre-construction conditions, including grading to original contours and revegetating (with native vegetation or other appropriate vegetation approved by the Corps) immediately upon completion of the project. A restoration plan, which includes a 1-foot contour topographic map, shall be submitted with notification (Activity categories 1, 2, 3, 5 and 6). DEFINITIONS: Activity is any discharge of dredged or fill material into waters of the U.S. under Section 404 of CWA. Activity categories are descriptions of HCP/NCCP Covered Activities listed in this RGP for purposes of assigning activity-specific conditions. Activity-specific conditions are RGP conditions that would apply to specified Activity categories defined in this RGP. Applicant is the individual, organization, or company requesting authorization under the RGP. Authorization is written verification by the Corps that an activity qualifies for, and may proceed under, the RGP provided all terms and conditions of the RGP are followed. Page 11 Regional General Permit 1 U.S. Army Corps of Engineers, Sacramento District 1325 J Street, Room 1480, Sacramento, CA 95814-2922 http://www.spk.usace.army.mil/organizations/cespk-co/regulatory/index.html Compensatory mitigation is the restoration, establishment (creation), enhancement, and/or in certain circumstances preservation of aquatic resources for the purposes of offsetting unavoidable adverse impacts which remain after all appropriate and practicable avoidance and minimization has been achieved. See also “in-lieu fee” definition. Complete application is all required notification materials that must be submitted by the applicant to the Corps, as listed in general condition #18. If all materials are not submitted, the application is considered incomplete. Conservancy is the East Contra Costa County Habitat Conservancy, a joint exercise of powers agency formed by the Cities of Brentwood, Clayton, Oakley and Pittsburg and Contra Costa County to perform the role of Implementing Entity for the HCP/NCCP. Emergency refers to the guidance provided in 33 CFR 325.2(e)(4): “…a situation which would result in an unacceptable hazard to life, a significant loss of property, or an immediate, unforeseen, and significant economic hardship if corrective action requiring a permit is not undertaken within a time period less than the normal time needed to process the application under standard procedures. This RGP does not cover any activities in waters of the U.S. conducted in emergency situations. General conditions are RGP conditions that would apply to all activities authorized. HCP/NCCP is the East Contra Costa County Habitat Conservation Plan/Natural Community Conservation Plan dated December, 2006. The United States Fish and Wildlife Service (“USFWS”), under incidental take permit TE 160958-0, and the California Department of Fish and Game (“CDFG”), under incidental take permit 2835-2007-01-03, have approved the HCP/NCCP and have authorized the “HCP/NCCP Permittees” to take certain species of plants and wildlife listed under the ESA and/or covered under the state of California’s Natural Community Conservation Planning Act (NCCPA) while carrying out or approving certain development and other “covered activities.” Take is defined under Federal and state laws. HCP/NCCP Covered Activity means an activity or project within one of the categories of activities set forth in Section 2.3 of the HCP/NCCP that has been approved by an HCP/NCCP Permittee for coverage under the HCP/NCCP. HCP/NCCP Permittee is any of the following eight local agencies that have approved the HCP/NCCP and have been authorized by USFWS and CDFG to take certain species, as take is defined respectively under Federal and state law. These are the Cities of Brentwood, Clayton, Oakley and Pittsburg, Contra Costa County, the Contra Costa County Flood Control and Water Conservation District, the Conservancy, and the East Bay Regional Park District. Historic properties are as defined in 36 CFR Part 800.16(l). It means any prehistoric or historic district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the Secretary of the Interior. This term includes artifacts, records, and remains that are related to and located within such properties. The term Page 12 Regional General Permit 1 U.S. Army Corps of Engineers, Sacramento District 1325 J Street, Room 1480, Sacramento, CA 95814-2922 http://www.spk.usace.army.mil/organizations/cespk-co/regulatory/index.html includes properties of traditional religious and cultural importance to an Indian tribe or Native Hawaiian organization and that meet the National Register criteria. Impact is the direct and indirect loss of waters of the U.S., including wetlands, which results from the discharge of dredged and/or fill material into waters of the U.S. associated with implementation of a proposed activity. See also “loss of waters” definition. Independent utility is a test to determine what constitutes a single and complete non-linear project in the Corps Regulatory Program. A project is considered to have independent utility if it would be constructed absent the construction of other projects in the project area. Portions of a multi-phase project that depend upon other phases of the project do not have independent utility. Phases of a project that would be constructed even if the other phases were not built can be considered as separate single and complete projects with independent utility. In-lieu fee refers to an in-lieu fee (ILF) program as defined in 33 CFR Part 332.2. An ILF program involves the restoration, establishment (creation), enhancement and/or preservation of aquatic resources through funds paid to a governmental or non-profit natural resources management entity to satisfy compensatory mitigation (see above definition) requirements for Department of the Army (DA) permits. As required by 33 CFR Part 332.8(a), all ILF programs must be approved prior to being used to provide compensatory mitigation for projects authorized by the Corps. Loss of waters of the U.S. refers to waters that are permanently adversely affected by filling, flooding, excavation, or drainage because of the regulated activity. Permanent adverse effects include permanent discharges of dredge or fill material that change an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of an aquatic feature. The acreage of loss of waters of the U.S. is a threshold measurement of the impact to jurisdictional waters for determining if the project may qualify for the RGP; it is not a net threshold that is calculated after considering compensatory mitigation that may be used to offset losses of aquatic functions and services. The loss of stream bed includes the acres or linear feet of stream bed that are filled or excavated as a result of the regulated activity. Mitigation bank is a site where aquatic resources (e.g., wetlands, streams) are restored, established, enhanced, and/or preserved for the purpose of providing compensatory mitigation for impacts authorized by DA permits. Notification is the submission of required information by the applicant to the Corps for a complete application. Permittee is an entity that has received authorization to conduct activities in waters of the U.S. under this RGP. Permittee-responsible mitigation refers to a type of compensatory mitigation as defined in 33 CFR Part 332.2, entailing aquatic resource restoration, establishment, enhancement, and/or Page 13 Regional General Permit 1 U.S. Army Corps of Engineers, Sacramento District 1325 J Street, Room 1480, Sacramento, CA 95814-2922 http://www.spk.usace.army.mil/organizations/cespk-co/regulatory/index.html preservation activity undertaken by the permittee (or an authorized agent or contractor) to provide compensatory mitigation for which the permittee retains full responsibility. Plan Area is the area shown in Figure 1-1 of the HCP/NCCP and Figures 1a and 1b of this RGP. It is the area analyzed by the HCP/NCCP and covered by the USFWS and CDFG incidental take permits issued pursuant to the HCP/NCCP. In the HCP, the Plan Area is also referred to as the “Inventory Area.” This RGP uses the term Plan Area. Project site is the land, including waters of the U.S. and uplands, utilized for a single and complete project. The project site includes the land cleared, graded, and/or filled to construct the single and complete2 project, including any buildings, utilities, stormwater management facilities, roads, yards, and other attendant features. Temporary construction areas (e.g., access and staging) are included. The project site also includes any other land and attendant features that are used in conjunction with the single and complete project, such as open space, roads and utilities. Single and complete linear project is a project constructed for the purpose of getting people, goods, or services from a point of origin to a terminal point, which often involves multiple crossings of one or more waterbodies at separate and distant locations, as defined in the Final Rule for Issuance of the 2017 Nationwide Permits (Federal Register Vol. 82[4], January 6, 2017). Single and complete non-linear project is the total project proposed or accomplished by one owner/developer or partnership or other association of owners/developers. A single and complete non-linear project must have independent utility (see definition of ‘‘independent utility’’). Special conditions are conditions added by the Corps for projects on a case-by case basis to ensure an activity has minimal impacts on aquatic resources and complies with the RGP. The Corps’ authority to require special conditions is provided in 33 CFR Part 325.4(a). Stream order refers to the numeric identification of the reaches within a stream network. This document follows the stream ordering system of Strahler (1964)3. In this system, a first order stream is a stream with an identifiable bed and bank, without any tributary streams. A second order stream is formed by the confluence of two first order streams. A third order stream is formed by the confluence of two second order streams, and so on. Addition of a lesser order stream does not change the stream order of the trunk stream. Suspension is the temporary cancellation of the authorization while a decision is made to modify, revoke or reinstate the authorization. 2 Linear or non-linear (see definitions below). 3 Strahler, A.N. 1964. Quantitative Geomorphology of drainage basins and channel networks; section 4-2, in Handbook of Applied Hydrology, ed. Ven te Chow, McGraw-Hill, New York. Page 14 Regional General Permit 1 U.S. Army Corps of Engineers, Sacramento District 1325 J Street, Room 1480, Sacramento, CA 95814-2922 http://www.spk.usace.army.mil/organizations/cespk-co/regulatory/index.html Terms and conditions are the parameters, including thresholds, limitations and requirements, for completing an activity under the RGP. These parameters are described in each Activity category and in the general conditions and Activity-specific conditions. Special conditions may also be added by the Corps on individual authorizations to ensure an activity has minimal individual and cumulative impacts. Urban Limit Line is the boundary for urban growth that has been set for Contra Costa County in the Contra Costa County General Plan, as amended from time to time. Utility line is any pipeline used to transport a gaseous, liquid, liquefiable or slurry substance for any purpose, and any cable, line or wire used to transmit electrical energy, telephone, radio signals, television signals or data communication. This definition does not include pipes or ditches which serve to drain a water of the United States, such as drainage tile; however, it does apply to pipes conveying drainage from one area to another. Waters of the U.S. are as defined in 33 CFR Part 328.3(a). Definitions found at 33 CFR Parts 320-323, 325-329, and 331-332 and 40 CFR Part 230 are also applicable to this RGP and are incorporated by reference herein. FURTHER INFORMATION: 1. Congressional Authorities: This RGP has been issued under Section 404 of the Clean Water Act (33 U.S.C. 1344). 2. District Engineers have the authority to determine if an activity complies with the terms and conditions of this RGP. 3. This RGP does not obviate the need to obtain other Federal, state, or local permits, approvals, or authorizations required by law. 4. This RGP does not grant any property rights or exclusive privileges. 5. This RGP does not authorize any injury to the property or rights of others. 6. This RGP does not authorize interference with any existing or proposed Federal project. 7. Limits of Federal Liability. In issuing this RGP, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. Page 1~ Regional General Permit 1 c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 8. Reevaluation of Permit Decision. This office may reevaluate its decision on this RGP at any time the circumstances warrant. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325 .7. 9 . Activities not meeting the terms and conditions of this RGP may be authorized through another type of permit, such as a Nationwide Permit, Letter of Permission, or Standard Permit. The Corps will determine on a case -by -case basis whether an activity has a more than minimal impact, individually or cumulatively, on the aquatic environment or may be contrary to the public interest. The Corps may include additional special conditions to any verification under this RGP to ensure the activity has minimal impact. CONTACTS AND ADDITIONAL INFORMATION: For additional information about RGP 1, please contact the U.S. Army Corps of Engineers, Sacramento District at the address below , phone number (916) 557 -5250. ATTACHMENTS: 1. Figure 1 a: General Location of HCP/NCCP Plan Area and Area Covered by RGP 2 . Figure 1 b: HCP/NCCP Plan Area and Area Covered by RGP 3. Table 1: Required Ratios and Estimated Preservation, Restoration, and Creation Requirements for Aquatic Land-Cover Types Under Initial and Maximum Urban Development Area 4. Table 2: Stream Setback Minimum Requirements for Streams 5. Programmatic Biological Opinion for a Regional General Permit for the East Contra Costa Habitat Conservation Plan/Natural Community Conservation Plan, Contra Costa County, California (USFWS #81420 -2011-F -0655, dated April 30, 2012) This permit becomes effective when the Federal official, designated to act for the Secretary of the Army has signed elow. ~J~2__dl 7 Michael S. Jewell Date Chief, Regulatory Division U.S. Army Corps of Engineers, Sacramento District 1325 J Street, Room 1480, Sacramento, CA 95814-2922 http ://www .spk .usace.army .mil/organizations/cespk-co/regulatorv/index.html San JoaquinCounty SolanoCounty AlamedaCounty Contra CostaCounty StanislausCounty San MateoCounty SacramentoCounty NapaCounty MarinCounty SonomaCounty Santa ClaraCounty San FranciscoCounty YoloCounty O 2 0 21 Miles Legend HCP/NCCPPlan Area Sacramento Sacramento District District of the of the Army Corps Army Corps of Engineersof Engineers CountyBoundaries Figure 1a: General Location of HCP/NCCP Plan Area and Area Covered by RGP Army CorpsDistricts San FranciscoSan FranciscoDistrict District of the of the Army Corps Army Corps of Engineersof Engineers Area Coveredby RGP 03/13/2017 AntiochConcord Oakley Danville San Ramon BrentwoodClayton ¥§¦680 456J4 ·|}þ4 ¥§¦580 ·|}þ4 ·|}þ160 ·|}þ4 O 2 0 21 Miles Legend HCP/NCCPPlan Area Non-urban Parks, Public Watershed Lands, and DeedRestricted OpenSpace in the Inventory Area Cities Participating in HCP/NCCP WalnutCreek Pittsburg Figure 1b: HCP/NCCP Plan Area and Area Covered by RGP Army CorpsDistricts Sacramento Sacramento District District of the of the Army Corps Army Corps of Engineersof Engineers San FranciscoSan FranciscoDistrict District of the of the Army Corps Army Corps of Engineersof Engineers Text City Not Participatingin HCP/NCCP Area Coveredby RGP 03/13/2017 Restoration Creation Riparian woodland/scrub2:1 30 35 60 70 205 2051:1–303520 205055 Wetlands and Ponds Perennial wetlands31:1 74 7574 753231 23231:1–747510 1084857 Seasonal wetlands3:1 43 56129 1683, 4172 1723, 4, 52:1 – 86 112 20 20 106 1324, 7 Alkali wetland3:1 28 3184 934168 16842:1–5662 5 5 61674 Ponds2:1 7 814 1680 80– 1:1 7 8 8 8 15 16 Slough/channel0.5:1 72 7236 36137 1371:1 or riparian–7272 0 0 72729 Aquatic (open water)1:1 12 12 12123 123– 0.5:1 (ponds)6 (ponds)6 (ponds)0 0 6 (ponds)6 (ponds)9Total Aquatic Land Cover Types (acres)–266 289 397 470 1,117 1,117331 370 63 63 394 433 Perennial streams (miles) 2:1 0.3 0.40.6 0.86181846, 71:1 1:1 if restoration not feasible0.3 0.4 0 0 0.3 0.47,10 Intermittent streams (miles)1:10.3 0.4 0.3 0.461841846, 71:1 1:1 if restoration not feasible0.3 0.4 0 0 0.3 0.47,10 Ephemeral streams (miles)1:1454 518418471:1 1:1 if restoration not feasible450 0457,10Initial Urban Development Area Scenario7 The approximate length of all streams of all types in the Acquisition Analysis Zone is 184 miles.6 Maximum allowable impacts for perennial and intermittent streams could not be separately estimated. Cumulative impacts for these two categories were estimated at 0.6 miles for the Initial Urban Development Area and 0.8 for the Maximum Urban Development Area. Forthe purposes of this table, it is assumed that the impacts are evenly split between the two categories.Initial Urban Development Area ScenarioMaximum Urban Development Area ScenarioInitial Urban Development Area Scenario8 Undetermined wetlands are either seasonal wetlands or perennial wetlands. Mitigation of seasonal wetlands will be accomplished through restoration at 2:1. Mitigation of perennial wetlands will be accomplished through in-kind creation at 1:1. This table assumes 75% of the undetermined wetlands are perennial wetlands and 25% are seasonal wetlands.9 Loss of slough/channel will be compensated by either restoring slough/channel at a 1:1 ratio or restoring riparian woodland/scrub at a 1:1 ratio (see text). These calculations assume all slough/channel impacts will be compensated through riparian woodland/scrub restoration because of the limited opportunities for slough/channel creation. Loss of open water will be compensated by creating ponds (see text).10 Streams will be restored at a 1:1 ratio where feasible. Where stream restoration is not feasible, out-of-kind creation of seasonal wetlands or permanent wetlands will be required to replace some of the functions of the lost stream at a 1:1 ratio. See Conservation Measure 2.10 for more details.5 The actual amount of seasonal wetlands available for preservation in the inventory area is unknown because of a lack of field surveys. The allowable impact to seasonal wetlands by covered activities will be capped at the amount required to preserve seasonal wetlands at the required 3:1 ratio. For example, if only 30 acres are preserved, allowable impacts will be capped at 10 acres. Initial Urban Development Area ScenarioEstimated Impact1 (acres)Estimated Preservation Requirement 1 (acres)Minimum Available in Acquisition Analysis Zones2 (acres)Estimated Restoration/ Creation Requirement1 (acres)Restoration or Creation Required to Contribute to Recovery (acres)Maximum Urban Development Area Scenario1 Actual impacts, preservation requirements and restoration/creation requirements will be based on field-delineated resources at impact sites and application of the required preservation ratios in this table.2 Many land cover types were underestimated in the mapping conducted for this HCP/NCCP, so these figures represent minimum acreages of what is available for preservation. See Chapter 3 for a discussion of the mapping limitations. Table 1. Required Ratios and Estimated Preservation, Restoration and Creation Requirements for Aquatic Land-Cover Types under Initial and Maximum Urban Development Area (Combines tables 5.5a, 5.5b, 5.16 and 5.17 of HCP)3 Undetermined wetlands could be seasonal wetlands or perennial wetlands (e.g., freshwater marsh). Seasonal wetlands will be mitigated at a preservation ratio of 3:1; perennial wetlands will be mitigated at a preservation ratio of 1:1. This table assumes 75% of undetermined wetlands are perennial wetlands and 25% are seasonal wetlands.4 Seasonal and alkali wetland acreage was quantified as the minimum polygon encompassing clusters of seasonal pools or drainages (i.e., wetland complexes). Impacts and land acquisition requirements will be tracked by jurisdictional wetland boundary, so estimates in this table overstate the expected impacts to and preservation of these land cover types. Impact restrictions and preservation ratios apply only to wetted acres.Initial Urban Development Area ScenarioMaximum Urban Development Area ScenarioMaximum Urban Development Area ScenarioInitial Urban Development Area ScenarioMaximum Urban Development Area ScenarioNotes:Preservation RequirementsRestoration & Creation RequirementsAquatic Land Cover TypeRequired Preservation RatioImpact & preservation notesAvailabilty notesRequired Restoration and Creation Ratios (in addition to preservation requirements)restoration / creation notesEstimated Total Restoration or Creation1 (acres)Maximum Urban Development Area Scenario 15 Table 2: Stream Setback Minimum Requirements for Streams4 Stream Reach Type and Location1 Buffer Objective/ Function (from Figure 5-11) Example Sites in Inventory Area Minimum Setback (from top of bank measured in aerial perspective2) Conditions and Limitations on Impacts To Streams3 Conditions and Limitations on Impacts Within Setbacks4 Comments Linear Limitations on Impacts to Streams Activities for Which Stream Impacts Will Be Authorized Limitations on Area of Impacts Within Setback5 Activities for Which Setback Impacts Will Be Authorized 1st and 2nd order6 ephemeral reaches in urban and agricultural areas N/A Multiple unnamed tributaries to intermittent and perennial reaches Avoidance and minimization measures for drainages must be documented but no setback is required No limitations Any activities No limitations Any activities These reaches are located in dense urban and intensive agricultural areas, and provide low habitat function for covered species. Avoidance and implementation of Conservation Measure 1.10 will minimize impacts to water quality and hydrologic functions. Concrete-lined channels Enhance water quality; retain restoration potential Reaches of Kirker Creek 20 ft No limitations Any activities No limitations Any activities These reaches are located in dense urban areas and provide low habitat function for covered species. A minimal buffer width will reduce sediment and nutrient inputs from surface flows, retain some potential for stream restoration, and provide for recreational opportunities. 1st and 2nd order6 ephemeral reaches in natural areas Erosion and nutrient control; Multiple unnamed tributaries to intermittent and perennial reaches 25 ft No limitations Any activities No limitations No limitations, but avoidance and minimization must be documented. Although ephemeral streams play a limited role in providing habitat to covered species, these systems represent the first point of entry for sediment and other contaminants into downstream reaches. Thus, unlike the stream types below, the primary objective of the setback for 4 Stream setbacks apply Within the Urban Limit Line or City Limits of Brentwood, Clayton, Oakley or Pittsburg. 16 Stream Reach Type and Location1 Buffer Objective/ Function (from Figure 5-11) Example Sites in Inventory Area Minimum Setback (from top of bank measured in aerial perspective2) Conditions and Limitations on Impacts To Streams3 Conditions and Limitations on Impacts Within Setbacks4 Comments Linear Limitations on Impacts to Streams Activities for Which Stream Impacts Will Be Authorized Limitations on Area of Impacts Within Setback5 Activities for Which Setback Impacts Will Be Authorized ephemeral streams is to filter out sediment and contaminants before they degrade downstream habitat. Perennial, intermittent, or 3rd or higher order6 ephemeral streams in urban areas except Marsh Creek mainstem Enhance water quality; retain restoration potential Lower Willow Creek, Lower Kirker Creek, Lower Sand and Deer Creeks 50 ft 300 feet Necessary bridges and outfalls Up to 15% of setback area Necessary bridges and outfalls, access and maintenance roads for flood control, c3 facilities, and trails These reaches are located mostly in dense urban areas and provide low habitat function for covered species. However, potential may exist for restoration of riparian vegetation and minimal floodplain areas. In addition, a minimal buffer width will reduce sediment and nutrient inputs from surface flows and provide for recreational opportunities. Perennial, intermittent, or 3rd or higher order6 ephemeral streams in agricultural or natural areas and Marsh Creek mainstem Enhance water quality; retain restoration potential See examples below7 75 ft 300 feet Necessary bridges and outfalls Up to 15% of setback area Necessary bridges and outfalls, access and maintenance roads for flood control, trails, and other necessary facilities approved by wetlands agencies These reaches retain the greatest habitat value and potential for restoration within the Urban Limit Line. The buffer will filter sediment and other contaminants, maintain habitat for covered species, allow for restoration of riparian vegetation and some small floodplain areas, as well as providing recreation opportunities. 1 Location parameters (e.g., “agricultural areas”, “natural areas”, etc.) describe the setting of the stream at the time of completing this HCP/NCCP and refer to the fee zones and urban landcover shown in Figure 9-1. 2 Where native woody riparian vegetation is present, minimum setbacks must extend to the outer dripline of the riparian vegetation or the specified number of feet measured from top of bank, whichever is greatest. Riparian vegetation is defined broadly to include oaks and other woody species that function as riparian 17 corridors. Setbacks must also meet minimum setback requirements of the applicable local land use agency. Contra Costa County has an ordinance regulating impacts near unimproved earthen channels. This Ordinance requires a “structure setback line” that varies between approximately 30 feet and 50 feet from top of bank depending on the height of top of bank above the channel invert (County Code Title 9, Division 914-14.012). 3 Mitigation is required for all impacts to streams, as described in Chapter 5 of the HCP/NCCP. Restoration requirements are summarized in Tables 5-16, 5-17, and 9-5. Preservation requirements are summarized in Tables 5-5a and 5-5b and may be accomplished through payment of the development fee described in Section 9.3.1 or through provision of land in lieu of fees. 4 Impacts within setbacks must be mitigated through: a) payment of the development fee described in Section 9.3.1 over the entire property including the setback and the stream channel; and b) through payment of the riparian impact fee (see Table 9-5 of HCP/NCCP) for every acre of impact within the setback or through direct performance of riparian restoration at a 0.5 to 1 ratio on-site or off-site. 5 Restrictions will be measured as a percentage of the setback area excluding the area the of the stream channel. 6 Stream order refers to the numeric identification of the links within a stream network. This document follows the stream ordering system of Strahler (1964). In this system, a first order stream is a stream with an identifiable bed and bank, without any tributary streams. A second order stream is formed by the confluence of two first order streams. A third order stream is formed by the confluence of two second order streams, and so on. Addition of a lesser order stream does not change the stream order of the trunk stream. 7Perennial streams in agricultural or natural areas within the Inventory Area consist of the following: a. Mount Diablo Creek, Russelman Creek, Peacock Creek upstream of the Oakhurst Country Club property, and tributaries to Mount Diablo Creek within Mount Diablo State Park; b. Kellogg Creek in the Foothills/Upper Valley and Delta geomorphic zones; c. Brushy Creek in the Delta and Lower Valley/Plain geomorphic zones; d. Indian, Rock, Sand Mound, Dutch, Piper, and Taylor Sloughs, and False River (does not include reaches in concrete channels); and e. Sand Creek and Oil Canyon Creek in the Montane geomorphic zone. United States Department of the Interior In Reply Refer To: 81420-2011-F-0655 Kathleen A. Dadey Chief, California Delta Branch Attn: Mary Pakenham-Walsh Regulatory Division U.S. Army Corps of Engineers 650 Capitol Mall, Suite 5-200 Sacramento, California 95814 FISH AND WILDLIFE SERVICE Sacramento Fish and Wildlife Office 2800 Cottage Way, Room W-2605 Sacramento, Califomia95825-l 846 APR 3 O 2012 Subject: Programmatic Biological Opinion for a Regional General Permit for the East Contra Costa Habitat Conservation Plan/Natural Community Conservation Plan, Contra Costa County, California (Corps file number SPK-2001-00147) Dear Ms. Dadey: This programmatic Biological Opinion has been prepared in response to the U.S. Army Corps of Engineers' (Corps) June 14, 2011, request for section 7 consultation with the U.S. Fish and Wildlife Service (Service) for multiple activities that would be authorized under a Corps Regional General Permit (RGP) within the permit area for the (Plan Area) for the East Contra Costa Habitat Conservation Plan/Natural Community Conservation Plan (HCP/NCCP). At issue are the effects of this action on the threatened California red-legged frog (Rana draytonii), threatened Central California Distinct Population Segment (DPS) of the California tiger salamander (Ambystoma californiense) (Central California tiger salamander), threatened Alameda whipsnake (Masticophis laterals euryxanthus), threatened giant garter snake (Thamnophis gigas) endangered San Joaquin kit fox (Vulpes macrotis mutica), threatened vernal pool fairy shrimp (Branchinecta lynchi) and its critical habitat, the endangered longhorn fairy shrimp (Branchinecta longiantenna) and its critical habitat, and the endangered vernal pool tadpole shrimp (Lepidurus packardi). This programmatic Biological Opinion is issued under the authority of the Endangered Species Act, as amended (16 U.S.C. 1531 et seq.) (Act or ESA). This document is based on: (1) the draft Department of the Army Permit Regional General Permit Number 1 -Minimal impact Activities-East Contra Costa County, California dated June 14, 2011; (2) a public notice for the proposed issuance of a Regional General Permit (SPK-2001- 00147) for activities covered under the HCP/NCCP dated February 2011; (3) a public notice for the proposed in-lieu fee program in conjunction with the HCP/NCCP (SPK-2001-00147) dated January 2011; (4) the final East Contra Costa Habitat Conservation Plan/Natural Community Conservation Plan dated October 2006; (5) Exhibit B: Corrections and Updates to the Ms. Kathleen A. Dadey HCPINCCP dated December 2006; (6) the Intra-Service Biological Opinion on Issuance of a Section JO(a)(l)(B) Incidental Take Permit for the HCPINCCP (Intra-Service Opinion) dated July 2007;(7) the draft Aquatic Resources Inventory, Classification, and Function for the HCP/NCCP dated October 2004; (8) the East Contra Costa Habitat Conservation Plan/Natural Community Conservation Plan Annual Report 2010 dated March 2011; and (9) and other information available to the Service. Consultation History: June 14, 2011: June 22, 2011: March 1, 2012: The Service received the Corps letter requesting initiation of formal consultation for the proposed action. The Service attended an informational workshop for the public hosted by the East Contra Costa HCP/NCCP with the Corps and the California Department of Fish and Game (CDFG) to discuss the proposed action. The Service received a revised RGP. BIOLOGICAL OPINION Description of the proposed action 2 The HCP/NCCP addresses effects to both federally listed and unlisted species. However, pursuant to section 7 of the Act, this Biological Opinion only addresses effects to federally listed or proposed threatened and endangered species resulting from the proposed issuance of a RGP that would authorize placement of dredged or fill materials into waters of the U.S. for activities covered under the HCP/NCCP within the Plan Area for the HCP/NCCP. For a complete description of all Covered Activities (Covered Activities) under the HCP/NCCP, see Chapter 2 of the HCP/NCCP (Jones and Stokes 2006). The proposed RGP is valid for five years from the date of issuance (or reissuance ), but can be extended or reissued (see Terms of Authorization: Expiration of RGP below); however, the HCP/NCCP and Intra-Service Opinion cover activities for a period of thirty years (expires on July 25. 2037). Because activities proposed under the RGP are a subset of the Covered Activities analyzed in the HCP/NCCP and Intra-Service Opinion, the Service will consider this Biological Opinion valid for the life of the HCP/NCCP's Incidental Take Permit (TE160958-0) (Service 2007), unless new information reveals effects of the proposed action may result in adverse effects to federally listed species in a manner not identified to date, or if a new species is listed that may be affected by the proposed action. Ms. Kathleen A. Dadey 3 Project Overview The proposed action is issuance of a RGP that would authorize placement of dredged or fill material into waters of the U.S. within the Plan Area, pursuant to section 404 of the Clean Water Act (CWA), for Covered Activities as defined in the HCP/NCCP that would have minimal individual and cumulative impacts on the aquatic environment. The RGP's procedures and associated requirements would integrate with those contained in the HCP/NCCP, resulting in consistent implementation of the section I 0 permit for the HCP/NCCP and a coordinated permitting process under section 404 of the CWA. The proposed RGP would authorize specific categories of activities with minimal individual and cumulative impacts on the aquatic environment that meet the terms and conditions of the RGP. Temporary structures, fills, and work necessary to construct an activity authorized by the RGP are allowed, provided such work complies with the terms and conditions of the RGP inclusive of special conditions that the Corps may add. The RGP applies only to HCP/NCCP Covered Activities, as set forth in Section 2.3 of the HCP/NCCP (Jones and Stokes 2006). Any question as to whether a proposed activity is considered a Covered Activity under the HCP/NCCP shall be subject to confirmation by the East Contra Costa County Habitat Conservancy, a joint exercise of powers agency formed by the Cities of Brentwood, Clayton, Oakley and Pittsburg and Contra Costa County to perform the role oflmplementing Entity for the HCP/NCCP (Conservancy). The HCP/NCCP Covered Activities are divided among the following Activity categories in the RGP for purposes of assigning Activity-specific conditions (see Activity Specific Conditions below): I. Residential, commercial, industrial, institutional, and other urban developments and associated infrastructure inside the Urban Limit Line of Contra Costa County or inside the City Limits of the Cities of Brentwood, Clayton, Oakley and Pittsburg, including but not limited to roads, utilities, parks, storm water management facilities, and water supply and delivery facilities (activity-specific conditions: 1 through 4). 2. Recreation projects, including parks, picnic areas, staging areas, trails and park maintenance facilities. Applies only to the activities set forth in Sections 2.3.2 and 2.3.4 of the HCP/NCCP (activity-specific conditions: 1 through 4). 3. Flood control detention basins, reservoirs, channels, and related facilities. Applies only to the specific planned facilities set forth in Section 2.3.2 of the HCP/NCCP (activity-specific conditions: 1 through 4). 4. Transportation projects, including road construction and widening, bicycle trails, rail projects, bridges and safety-related projects. Applies only to the specific planned facilities set forth in Section 2.3.2 of the HCP/NCCP (general conditions apply only). Ms. Kathleen A. Dadey 5. Wetland and stream restoration, creation, enhancement and management. Applies only to activities set forth in Sections 2.3.2 and 2.3.4 of the HCP/NCCP (activity- specific conditions: 1, 2, and 4 ). 6. Utility projects, including electrical transmission projects, cellular communication projects and pipelines. Applies only to the activities set forth in Sections 2.3.2 and 2.3.4 of the HCP/NCCP (activity-specific condition 4). 7. Maintenance, repair, rehabilitation or replacement of any previously authorized (under the RGP or other Corps permit), currently serviceable, structure or fill. Applies only to the maintenance activities set forth in Sections 2.3.1 and 2.3.3 of the HCP/NCCP (general conditions apply only). 4 If there is any question as to which Activity category a proposed activity would apply to, the Corps will determine the applicable Activity category. The RGP does not cover any activities in waters of the U.S. conducted in emergency situations. Terms of Authorization: 1. Applying for RGP authorization: Prior to commencing a proposed activity, applicants seeking authorization under the RGP shall notify the Corps in accordance with RGP general condition number 19 (Notification) listed in the general conditions below. If the Corps determines that an activity is not an eligible activity under the RGP, it will notify the applicant in writing within 30 calendar days and provide instructions on the procedures to seek authorization under a standard permit, letter of permission or Nationwide permit. If the Corps determines that a proposed activity is eligible for coverage under the RGP, it will notify the applicant within 45 calendar days of receipt of a complete application. If the Corps does not provide a written response to the applicant within 45 calendar days following receipt of a complete application, the applicant may presume the proposed activity is an eligible activity that may be covered under the RGP, provided the activity complies with all other terms and conditions of the RGP. 2. Impact Thresholds for waters of the U.S.: Impacts to waters of the U.S. shall be avoided and minimized to the maximum extent practicable. The loss of waters of the U.S. (including wetlands) resulting from individual project impacts may not exceed a total of 1.5 acres or more than 300 linear feet of perennial, intermittent or 3rd or higher order ephemeral streams (as defined in Table 2 of the RGP and further described in the HCP/NCCP), unless the linear limit is waived in writing by the Corps. Additional restrictions are listed in the General and Activity-Specific Conditions. 3. Single and complete project: The project must be a single and complete project. For example, if construction of a residential development involves phases, the sum of all impacted areas would be the basis for deciding whether or not the project will be covered by the RGP. Ms. Kathleen A. Dadey 4. After-the-fact projects: The RGP may not be used to authorize activities after they have impacted waters of the U.S. 5 5. Compliance with HCP/NCCP Conditions: Activities to be authorized under the RGP must be HCP/NCCP Covered Activities and must fully comply with the HCP/NCCP. Compliance with the HCP/NCCP requires applicants to implement the appropriate conservation measures outlined in Chapter 6 of the HCP/NCCP. 6. Special conditions: The Corps may add special conditions to an authorization to ensure the activity complies with the terms and conditions of the RGP, and/or that adverse impacts on the aquatic environment or other aspects of the public interest are individually and cumulatively minimal. 7. Activity completion: Any activity authorized by the Corps under the RGP must be completed within three (3) years of the date it is authorized. The "authorization date" is the date the Corps verifies in writing that the activity meets the terms and conditions of the RGP. The Corps will, on a case-by-case basis, review requests for time extensions if the permittee fails to complete the activity within three years. A time extension would be considered a reverification and would be subject to review and approval policies in effect at the time of review. Pursuant to term #9, below, activities authorized under the RGP that are under construction or under contract for construction in reliance upon this authorization will remain authorized provided the activity is completed within 12 months of the date of the RGP's expiration, modification or revocation, unless the Corps exercises its discretionary authority to modify, suspend, or revoke the authorization of a specific project. 8. Discretionary Authority: The Corps has the discretion to suspend, modify, or revoke authorizations under the RGP. This discretionary authority may be used by the Corps to also further condition or restrict the applicability of the RGP for cases in which it has concerns associated with the Clean Water Act Section 404(b )(I) Guidelines, or regarding any public interest factor. Should the Corps determine that a proposed activity may have more than minimal individual or cumulative adverse impacts to aquatic resources or otherwise be contrary to the public interest, the Corps will modify the authorization to reduce or eliminate those adverse effects, or notify the applicant that the proposed activity is not authorized by the RGP and provide instructions on how to seek authorization under an individual permit. The Corps may restore authorization under the RGP at any time it determines that the reason for asserting discretionary authority has been resolved or satisfied by a condition, project modification, or new information. The Corps may also use its discretionary authority to modify, suspend, or revoke the RGP at any time. 9. Expiration ofRGP: The RGP is valid for five years from the date of issuance (or reissuance). At least 60 calendar days prior to the expiration date of the RGP, the Corps will issue a public notice, with an opportunity for public comment, describing the reasons for reissuing the RGP, reissuing the RGP with modifications, or not reissuing the RGP for another five years. The Corps may extend the RGP for six months beyond the expiration date if it is Ms. Kathleen A. Dadey 6 unable to reissue the RGP due to unresolved issues. If the Corps has not reissued or extended the RGP by the expiration date, the RGP will no longer be valid. The RGP may also be modified, suspended, or revoked by the Corps at any time deemed necessary. In such instance, the Corps will issue a public notice concerning the action. General Conditions: The following conditions apply to all Activity categories: 1. Threatened and Endangered Species: No activity is authorized under the RGP that does not comply with the mandatory terms and conditions of the Service's Section !O(a)(l)(B) Incidental Take Permit for the East Contra Costa HCP/NCCP dated July 20, 2007 (Service permit number: TE160958-0). This Biological Opinion contains mandatory terms and conditions to implement the reasonable and prudent measures that are associated with "incidental take" authorization under the RGP. Authorization under the RGP is conditional upon compliance with all of the mandatory terms and conditions of this Biological Opinion. Failure to comply with the terms and conditions of this Biological Opinion would constitute non-compliance with the RGP. The Service is the appropriate authority to determine compliance with the terms and conditions of the Biological Opinion, and with the ESA. The permittee must comply with all applicable conditions of this Biological Opinion, including those ascribed to the Corps. 2. Water Quality Certification: Section 401 Water Quality Certification is required for activities to be authorized by the RGP. The Corps may require additional water quality management measures to ensure that the authorized activity does not result in more than minimal impacts, individually or cumulatively. 3. Historic Properties: No activity is authorized under the RGP ifthe activity may affect historic properties listed, or eligible for listing, in the National Register of Historic Places, until the requirements of Section 106 of the National Historic Preservation Act (NHPA), as amended, have been satisfied. Applicants must notify the Corps ifthe activity may have the potential to cause effects to any historic properties listed, determined to be eligible for listing on, or potentially eligible for listing on the National Register of Historic Places, including previously unidentified historic properties. The Corps will consult with the State Historic Preservation Officer (SHPO), as appropriate, following the policy and procedural standards of33 CFR Part 325 Appendix CI. 4. Unanticipated Cultural Resources Discoveries: If previously unidentified cultural materials are unearthed during construction, all work shall be halted until a qualified archaeologist can examine the deposit and determine its nature and significance. In the event of discovery of possible human remains, state law requires that the County Coroner be contacted. l Inclusive of Appendix C Interim Guidance dated April 25, 2005 and January 31, 2007, or such guidance that is applicable at the time that a pennit application is submitted. Current guidance may be found on the Sacramento District's web site at: http://www.spk.usace.army.mil/organizations/cespk-co/regulatory/. Ms. Kathleen A. Dadey 5. Fills within 100-Year Floodplains: The activity must comply with applicable FEMA- approved state or local floodplain management requirements. 7 6. Bed and Bank Stabilization: Bank stabilization activities are limited to: (a) using the minimum amount of material needed for erosion protection; (b) no more than 500 feet in length along the bank, unless this criterion is waived in writing by the Corps; and ( c) no more than an average of 1 cubic yard of material per running foot placed along the bank below the plane of the ordinary high water mark or high tide line, unless this criterion is waived in writing by the Corps. 7. Best Management Practices: Best Management Practices (BMPs) must be employed during construction and in project design to protect water quality and minimize impacts of stormwater runoff on aquatic resources. BMPs should be appropriately located in or adjacent to waters of the U.S. (e.g., silt curtains). The applicant shall employ the following BMPs, as appropriate and feasible, in designing and constructing the project. The applicant shall describe which BMPs are practicable as part of the notification procedure as per general condition #19, subpart (b) below: a. Preservation of natural resource features on the project site (e.g., floodplains, wetlands, streams, and other drainage ways, grasslands, woodlands, and native soils); b. Preservation of natural water infiltration and storage characteristics of the site; c. Minimization of new impervious surfaces in project design (impervious surfaces may be minimized through practices such as reducing road widths and clustering developments designed around open space); d. Structural measures that provide water quality and quantity control; e. Structural measures that provide only quantity control and conveyance; f. Construction BMPs; g. Low impact development (LID) BMPs. Examples of structural BMPs include: vegetated natural buffers, grassed swales, infiltration trenches, level spreaders and channel grade controls. Examples of construction BMPs include: matting and filter fencing, or other barrier methods to intercept/capture sediment. 8. Proper Maintenance: Any authorized structure or fill shall be properly maintained, including maintenance necessary to ensure public safety and the movement of aquatic organisms. 9. Aquatic Life Movements: No activity may substantially disrupt the necessary life cycle movement of aquatic species indigenous to the water body, including those species that normally migrate through the area, unless the activity's primary purpose is to impound water. Culverts placed in streams must be installed to maintain low-flow conditions. If feasible, they should be designed as open-bottom culverts. Ms. Kathleen A. Dadey 10. Equipment: Heavy equipment working in wetlaods must be placed on mats, or other measures, such as low-ground pressure equipment, must be taken to minimize soil disturbaoce. 11. Tribal Rights: No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights aod treaty fishing and hunting rights. 8 12. Water Supply Intakes: No discharge of dredged or fill material may occur in the proximity of a public water supply intake, except where the discharge is for the repair or improvement of the intake strncture(s), aod/or adjacent bank stabilization. 13. Suitable Material: No discharge of dredged or fill material may consist of unsuitable material aod material discharged must be free from toxic pollutaots in toxic amounts (section 307 of the CWA). Unsuitable material includes, but is not limited to, trash, debris, car bodies, aod asphalt. 14. Maoagement of Water Flows: To the maximum extent practicable, the pre-construction course, condition, capacity, aod location of open waters must be maintained. The activity must be constructed to withstaod expected high flows. The activity must not restrict or impede the passage of normal or high flows, unless the primary purpose of the activity is to impound water or maoage high flows. The activity may alter the pre-constrnction course, condition, capacity, and location of open waters ifit benefits the aquatic environment (e.g., stream restoration project). 15. Migratory Bird Breeding Areas: Activities in waters of the U.S. that serve as breeding areas for migratory birds shall be avoided to the maximum extent practicable. 16. Removal of Temporary Fills aod Restoration of Affected Areas: Temporary fills shall be removed in their entirety aod the affected areas returned to pre-construction elevations. The affected areas shall be revegetated with native vegetation upon completion of the project. A restoration plan, which includes a I-foot contour topographic map, must be submitted with the notification to the Corps. 17. Compensatory Mitigation: Mitigation for impacts to waters of the U.S. must be accomplished by conforming to the minimum mitigation ratios set by the HCP/NCCP. Mitigation proposals are required to be consistent with the Corps' mitigation rule (33 CFR Part 332). a. Mitigation may be accomplished by one or more of the following mechanisms: I) payment of the aquatic resources mitigation fee to the Conservaocy in accordaoce with the in-lieu fee (ILF) program envisioned to be established by the Conservaocy; 2) purchasing credits from a Corps-approved mitigation bank that also provides mitigation acceptable under the HCP/NCCP, aod/or; 3) through a "permittee-responsible" mitigation project (33 CFR Part 332). Ms. Kathleen A. Dadey b. Prior to proceeding with the activity authorized by the RGP, a final mitigation plan must be approved by the Corps and the Conservancy, and/or mitigation fees must be paid. When mitigation fees are applicable, evidence of fee payment must be provided to the Corps before commencement of the activity authorized by the RGP can be initiated. c. If the RGP verification includes permittee-responsible compensatory mitigation, the mitigation plan must contain a reporting procedure consistent with the Corps' mitigation rule (33 CFR Part 332.4[c][l0]), Monitoring Requirements. 9 18. Notification: The applicant shall provide written notification (i.e., a complete application) for a proposed activity to be authorized under the RGP prior to commencing the activity. The Corps' receipt of the complete application is the date when the Corps receives all required notification information from the applicant (see below). Written notification shall include all of the following: a. A letter signed by the applicant requesting authorization under the RGP, identifying the Activity Category(s), a description of the proposed activity, the location of the activity (with latitude and longitude), and the area (in acres, and/or linear feet as applicable) of waters of the U.S., including wetlands, to be impacted; b. For each general and applicable activity-specific condition of the RGP, a brief narrative describing how the activity would comply with the condition, or that the condition does not apply; c. Vicinity and project site maps; d. A delineation of waters of the U.S., including wetlands, for the project site and for areas immediately adjacent to the project site. On-site wetlands must be delineated using the Corps Wetlands Delineation Manual ( 1987) and Arid West Region Regional Supplement (2008), or most recent manual(s) in effect at the time of the applicant's proposal. Off-site wetlands may be identified through the use of reference materials including local wetland inventories, soil surveys, and aerial photography. The delineation shall also include information on wetlands and waters, as defined in the HCP/NCCP, that are/may not be waters of the U.S.; e. Preliminary plans (on 8 Yz" x 11" or 14" reduced-sized drawings) showing all aspects of the proposed activity and the location of avoided and impacted waters of the U.S. Plan- view and cross-section plans shall be included. Both temporary (e.g., access, staging) and permanent impacts to waters of the U.S. shall be shown. The plans shall include grading contours and existing and proposed structures, such as buildings, roadways, stormwater management facilities, utilities, construction access areas and water conveyance structures. The drawings shall also show buffer areas, open space designations, locations of BMPs, deed restricted areas, and restoration areas, if required; f. A written statement explaining how the activity has been designed to avoid and minimize adverse effects, both temporary and permanent, to waters of the U.S. For compensatory mitigation proposed in accordance with general condition #18, submit a preliminary plan to offset unavoidable impacts to waters of the U.S.; Ms. Kathleen A. Dadey g. A cultural resource survey report for the project site, including all staging, access and construction areas. The report must be prepared in accordance with the Sacramento District's Guidelines for Compliance with Section I 06 of the NHP A (dated February 25, 2011 ), or more recent guidance (if applicable) at the time a permit application is submitted. 10 If the Corps determines that the activity complies with the terms and conditions of the RGP, including confirmation that proposed impacts to aquatic resources are minimal, the Corps will notify the applicant in writing and include any special conditions deemed necessary. If the Corps determines the impacts of the proposed activity are more than minimal, the Corps will notify the applicant that the project does not qualify for authorization under the RGP and instruct the applicant on the procedures to seek authorization under an individual permit. 19. Reporting Responsibilities: The permittee must submit a report to the Corps within 30 days of project completion. The report will contain the following: a. The Corps' file number; b. Photographs showing pre-and post-construction project conditions; c. A completed compliance certification. 20. Access: The permittee must allow representatives from the Corps to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of the permit. 21. Transfer ofRGP Authorization: If the permittee sells the property associated with this permit, the permittee must obtain the signature and mailing address of the new owner on the permit verification letter, and forward a copy to this office to validate the transfer. Activity-Specific Conditions: The following conditions apply to Activity categories specified at the end of each condition. I. Stream Setbacks. Consistent with the requirements of the HCP/NCCP, stream setbacks shall be established (see the HCP/NCCP for detailed stream setback requirements). Waters of the U.S. shall not be filled in order to meet the buffer requirements (Activity categories I, 2, 3, and 5). 2. Permanent Protections. All preserved, created, restored or enhanced waters of the U.S. and adjacent buffers on the project site shall be preserved and permanently protected through a deed restriction, conservation easement, or other appropriate real estate or legal instrument, consistent with the requirements of the HCP/NCCP as determined by the Corps. A recorded copy of the real estate instrument must be provided to the Corps prior to proceeding with any activity otherwise authorized by the RGP (Activity categories I, 2, 3, and 5). Ms. Kathleen A. Dadey 3. Fencing and Signage. Preserved areas on the project site must be fenced and signed as sensitive areas to discourage human disturbance (Activity categories 1, 2, and 3). 4. Utility Lines. All utility lines shall be constructed in accordance with the following: 11 a. The construction area for linear utility line projects shall be limited to a width of 7 5 feet, unless this limit is waived in writing by the Corps. b. For utility line projects, directional drilling, clear span or other techniques that do not contact the waterbody shall be used ifthe waterbody contains perennial flow. c. If the project involves the use of directional drilling below waters, notification shall include a contingency plan. The plan will include actions that will be taken to stabilize the work area and avoidance/contingency measures in the event of a potential "frac-out." d. Material resulting from trench excavation may be temporarily sidecast (up to 60 days) into waters of the U.S., provided that the material is not placed in such a manner that it is dispersed by currents or other forces. The Corps may extend the period of temporary side casting for no more than a total of 180 days, where appropriate. e. Utility lines must not adversely alter existing hydrology, including draining of wetlands. In wetland areas, utility line trenches shall be lined with clay, or other impermeable materials or structures (such as cut-off walls) to ensure that the trench through which the utility line is installed does not drain waters of the U.S. In addition, to prevent a French drain effect, gravel cannot be used as backfill material in the top I 0 feet of the trench. f. In wetland areas, the top 6" -12" of the trench shall be backfilled with topsoil excavated from the trench in the same stratification in which it was removed. g. Excess material shall be removed to upland areas immediately upon completion of utility line construction in any segment of the project containing waters of the U.S. In no case shall the excess material be left in place until the entire utility line is completed. h. The construction area, including unprotected slopes and streambanks, shall be stabilized (e.g., blanketed and seeded) immediately upon completion of the utility line construction in any segment of the project. In no case shall soil stabilization be delayed until the entire utility line is completed. 1. Temporarily disturbed construction areas must be restored to pre-construction conditions, including grading to original contours and revegetating (with native vegetation or other appropriate vegetation approved by the Corps) immediately upon completion of the project. A restoration plan, which includes a I-foot contour topographic map, shall be submitted with notification (Activity categories 1, 2, 3, 5, and 6). Limitations and Restrictions: 1. The Corps has authority to determine if an activity complies with the terms and conditions of the RGP. 2. The RGP does not obviate the need to obtain other Federal, state, or local permits, approvals, or authorizations required by law. 3. The RGP does not grant any property rights or exclusive privileges. Ms. Kathleen A. Dadey 12 4. The RGP does not authorize any injury to the property or rights of others. 5. The RGP does not authorize interference with any existing or proposed Federal project. Definitions: This Biological Opinion incorporates by reference the Definitions contained within the RGP. Action Area The area covered by the RGP is geographically synonymous with the Plan Area for the HCP/NCCP in east Contra Costa County, including the cities of Clayton, Brentwood, Oakley, and Pittsburg, and specific areas of unincorporated Contra Costa County. The HCP/NCCP action area is within eastern Contra Costa County, California. The action area covers 174,018 acres, or approximately one-third of Contra Costa County, and is entirely within the eastern portion of the County. The action area is approximately bounded on the south by the Alameda- Contra Costa County line; on the east by the westernmost Delta sloughs between Oakley and the Alameda-Contra Costa County line; on the north by the San Joaquin River shoreline; and on the southwest and west by the western edges of the watersheds of Kellogg and Marsh Creeks, the Mount Diablo Meridian, and the Clayton sphere of influence. The action area encompasses all or most of five incorporated cities: Brentwood, Clayton, Oakley, Pittsburg, and Antioch; however, Antioch is not a Permittee to the HCP/NCCP. Three- quarters of the land in the action area, approximately 128,908 acres, are in unincorporated areas of Contra Costa County. For a more detailed description of the action area refer to the lntra- Service Opinion. Analytical Framework for the Jeopardy Analysis Jeopardy Determination In accordance with policy and regulation, the jeopardy analysis in this Biological Opinion relies on three components: (1) the Status of the Species, which evaluates the California red-legged frog, Central California tiger salamander, Alameda whipsnake, giant garter snake, San Joaquin kit fox, vernal pool fairy shrimp, longhorn fairy shrimp, and vernal pool tadpole shrimp, the factors responsible for that condition, and their survival and recovery needs; (2) the Environmental Baseline and evaluates the condition of these listed species in the action area, the factors responsible for that condition, and the relationship of the action area to the survival and recovery of these listed species; (3) the Effects of the Action, which determines the direct and indirect effects of the proposed Federal action and the effects of any interrelated or interdependent activities on these species; and (4) Cumulative Effects, which evaluates the effects of future, non-Federal activities in the action area on them. Ms. Kathleen A. Dadey 13 In accordance with policy and regulation, the jeopardy determination is made by evaluating the effects of the proposed Federal action in the context of the California red-legged frog, Central California tiger salamander, Alameda whipsnake, giant garter snake, San Joaquin kit fox, vernal pool fairy shrimp, longhorn fairy shrimp, and vernal pool tadpole shrimp's current status, taking into account any cumulative effects, to determine if implementation of the proposed action is likely to cause an appreciable reduction in the likelihood of both the survival and recovery of these listed species in the wild. The jeopardy analysis in this Biological Opinion places an emphasis on consideration of the range-wide survival and recovery needs of these listed species, and the role of the action area in the survival and recovery of these listed species as the context for evaluating the significance of the effects of the proposed Federal action, taken together with cumulative effects, for purposes of making the jeopardy determination. Adverse Modification Determination This Biological Opinion does not rely on the regulatory definition of"destruction or adverse modification" of critical habitat at 50 CFR 402.02. Instead, we have relied upon the statutory provisions of the ESA to complete the following analysis with respect to critical habitat. In accordance with policy and regulation, the adverse modification analysis in this Biological Opinion relies on four components:(!) the Status of Critical Habitat, which evaluates the range wide condition of designated critical habitat for vernal pool tadpole shrimp and longhorn fairy shrimp in terms of primary constituent elements (PC Es), the factors responsible for that condition, and the intended recovery function of the critical habitat at the provincial and range- wide scale; (2) the Environmental Baseline, which evaluates the condition of the critical habitat in the action area, the factors responsible for that condition, and the recovery role of the critical habitat in the action area; (3) the Effects of the Action, which determines the direct and indirect impacts of the proposed Federal action and the effects of any interrelated or interdependent activities on the PCEs and how that will influence the recovery role of affected critical habitat units; and (4) Cumulative Effects which evaluates the effects of future, non-Federal activities in the action area on the PCEs and how that will influence the recovery role of affected critical habitat units. For purposes of the adverse modification determination, the effects of the proposed Federal action on vernal pool fairy shrimp and longhorn fairy shrimp critical habitat are evaluated in the context of the range-wide condition of the critical habitat at the provincial and range-wide scales, taking into account any cumulative effects, to determine if the critical habitat range-wide would remain functional( or would retain the current ability for the PCEs to be functionally established in areas of currently unsuitable but capable habitat) to serve its intended recovery role for the vernal pool fairy shrimp and longhorn fairy shrimp. Ms. Kathleen A. Dadey 14 The analysis in this Biological Opinion places an emphasis on using the intended range-wide recovery function of vernal pool fairy shrimp and longhorn fairy shrimp critical habitat and the role of the action area relative to that intended function as the context for evaluating the significance of the effects of the proposed Federal action, taken together with cumulative effects, for purposes of making the adverse modification determination. Status of the Species California red-leggedfrog Listing Status: The California red-legged frog was listed as a threatened species on May 23, 1996 (Service 1996). Critical habitat was designated for this species on April 13, 2006 (Service 2006) and revisions to the critical habitat designation were published on March 17, 2010 (Service 2010). At this time, the Service recognized the taxonomic change from Rana aurora draytonii to Rana draytonii (Shaffer et al. 2010). A recovery plan was published for the California red-legged frog on September12, 2002 (Service 2002a). Status of the Species: In a study of California red-legged frog terrestrial activity in a xeric environment in eastern Contra Costa County, Tatarian (2008) noted that a 57 percent majority of frogs fitted with radio transmitters in the Round Valley study area stayed at their breeding pools, whereas 43 percent moved into adjacent upland habitat or to other aquatic sites. Her study reported a peak seasonal terrestrial movement occurring in the fall months associated with the first 0.2-inch of precipitation and tapering off into spring. Upland movement activities ranged from 3 to 233 feet, averaging 80 feet, and were associated with a variety of refugia including grass thatch, crevices, cow hoof prints, ground squirrel burrows at the base of trees or rocks, logs, and under man-made structures; others were associated with upland sites lacking refugia (Tatarian 2008). The majority of terrestrial movements lasted from 1 to 4 days; however, one adult female was reported to remain in upland habitat for 50 days (Tatarian 2008). Upland refugia closer to aquatic sites were used more often and were more commonly associated with areas exhibiting higher object cover, e.g., woody debris, rocks, and vegetative cover. Subterranean cover was not significantly different between occupied upland habitat and non- occupied upland habitat. With the exception of the information provided above, the Service has determined that the Status of the Species is substantively unchanged from the time the Service issued its Intra-Service Opinion for the HCP/NCCP. Therefore, the Service is incorporating by reference the Status of the Species from that opinion. For additional information regarding the Status of the Species, including description, distribution, status and natural history, and threats, refer to the Intra- Service Opinion for the HCP/NCCP. Central California Tiger Salamander Listing Status: The Service proposed to list the Central California tiger salamander as threatened on May 23, 2003. At this time reclassification of the Santa Barbara County and Sonoma County Ms. Kathleen A. Dadey 15 DPSs from endangered to threatened was also proposed (Service 2003). In the same notice the Service also proposed a special rule under section 4( d) of the Act to exempt take for routine ranching operations for the Central DPS and, if reclassified to threatened, for the Santa Barbara and Sonoma County DPSs (Service 2003). On August 4, 2004, after determining that the listed Central DPS was threatened (Service 2004), the Service determined that the Santa Barbara and Sonoma County DPSs were threatened as well, and reclassified the California tiger salamander as threatened throughout its range, removing the Santa Barbara and Sonoma County populations as separately listed DPSs (Service 2004). In this notice we also finalized the special rule to exempt take for routine ranching operations for the California tiger salamander throughout its range (Service 2004). On August 18, 2005, as a result of litigation of the August 4, 2004, final rule on the reclassification of the California tiger salamander DPSs (Center for Biological Diversity et al. v. United States Fish and Wildlife Service et al., C 04-04324 WHA (N.D. Cal. 2005), the District Court of Northern California sustained the portion of the 2004 rule pertaining to listing the Central California tiger salamander as threatened with a special rule, vacated the 2004 rule with regard to the Santa Barbara and Sonoma DPSs, and reinstated their prior listing as endangered. The List of Endangered and Threatened Wildlife in part 17, subchapter B of Chapter I, title 50 of the Code of Federal Regulations (CFR) has not been amended to reflect the vacatures contained in this order, and continues to show the range-wide reclassification of the California tiger salamander as a threatened species with a special rule. We are currently in the process of correcting the CFR to reflect the current status of the species throughout its range. The California tiger salamander was listed by the State of California as a threatened species on May20,2010. Status of the Species: Thirty-one percent (221 of711 records and occurrences) of all Central California tiger salamander records and occurrences are located in Alameda, Santa Clara, San Benito (excluding the extreme western end of the County), southwestern San Joaquin, western Stanislaus, western Merced, and southeastern San Mateo counties. Of these counties, most of the records are from eastern Alameda and Santa Clara counties (CDFG 2010; Service 2004). The CDFG (2010) now considers 13 of these records from the Bay Area region as extirpated or likely to be extirpated. Of the 140 reported California tiger salamander localities where wetland habitat was identified, only 7 percent were located in vernal pools (CDFG 2010). The Bay Area is located within the Central Coast and Livermore vernal pool regions (Keeler-Wolf et al. 1998). Vernal pools within the Coast Range are more sporadically distributed than vernal pools in the Central Valley (Holland 2003). This rate ofloss suggests that vernal pools in these counties are disappearing faster than previously reported (Holland 2003). Most of the vernal pools in the Livermore Region in Alameda County have been destroyed or degraded by urban development, agriculture, water diversions, poor water quality, and long-term overgrazing (Keeler-Wolf et al. 1998). During the 1980s and 1990s, vernal pools were lost at a 1.1 percent annual rate in Alameda County (Holland 1998). Ms. Kathleen A. Dadey 16 Due to the extensive losses of vernal pool complexes and their limited distribution in the Bay Area region, many breeding sites consist of artificial water bodies. Overall, 89 percent (124) of the identified water bodies are stock, farm, or berm ponds used by cattle grazing and/or as a temporary water source for small farm irrigation (CDFG 20 I 0). This places the California tiger salamander at great risk of hybridization with non-native tiger salamanders, especially in Santa Clara and San Benito counties. Without long-term maintenance, the longevity of artificial breeding habitats is uncertain relative to naturally occurring vernal pools that are dependent on the continuation of seasonal weather patterns (Shaffer et al. 2004). California tiger salamanders are now primarily restricted to artificial breeding ponds, such as bermed ponds or stock ponds, which are typically located at higher elevations (CDFG 2010). With the exception of the information provided above, the Service has determined that the Status of the Species is substantively unchanged from the time the Service issued its Intra-Service Opinion for the HCP/NCCP. Therefore, the Service is incorporating by reference the Status of the Species from that opinion. For additional information regarding the Status of the Species, including description, distribution, status and natural history, and threats, refer to the Intra- Service Opinion for the HCP/NCCP. Alameda whipsnake Listing Status: The Alameda whipsnake was federally listed as threatened on December 5, 1997 (Service 1997). Approximately 406,598 acres within Contra Costa, Alameda, Santa Clara, and San Joaquin counties were designated critical habitat for the Alameda whipsnake on October 3, 2000 (Service 2000). The final rule was vacated and remanded on May 9, 2003. Critical habitat was re-proposed on October 18, 2005 (Service 2005b ). A final rule on critical habitat was released on October 2, 2006 (Service 2006a). A draft recovery plan was published in November 2002 (Service 2002b). Status of the Species: The Alameda whipsnake is known to inhabit chemise-redshank chaparral, mixed chaparral, coastal scrub, annual grassland, blue oak-foothill pine, blue oak woodland, coastal oak woodland, valley oak woodland, eucalyptus, redwood, and riparian communities (Mayer and Laudenslayer, Jr. 1988). Grassland and oak woodland habitat independent of chaparral habitat may also be important for Alameda whipsnake populations. A recent examination of recorded whipsnake observations revealed that the species has been found 32 percent of the time in grass-or woodland habitats on slopes of varying aspects (Alvarez 2006). Additional data on habitat use gathered from incidental observations of free-ranging Alameda whipsnakes and recapture data from trapping surveys showed regular use of these habitats at distances greater than 600 feet from scrub and chaparral and included observations of the species more than 3.7 miles from scrub and chaparral communities (Swaim pers. comm. 2004). With the exception of the information provided above, the Service has determined that the Status of the Species is substantively unchanged from the time the Service issued its Intra-Service Opinion for the HCP/NCCP. Therefore, the Service is incorporating by reference the Status of the Species from that opinion. For additional information regarding the Status of the Species, Ms. Kathleen A. Dadey including description, distribution, status and natural history, and threats, refer to the Intra- Service Opinion for the HCP/NCCP. Giant garter snake Listing Status: The giant garter snake was listed as a threatened species on October 20, 1993 (Service 1993). The Service published the Draft Recovery Plan for the Giant Garter Snake in July 1999. 17 Status of the Species: With the exception of the information provided above, the Service has determined that the Status of the Species is substantively unchanged from the time the Service issued its Intra-Service Opinion for the HCP/NCCP. Therefore, the Service is incorporating by reference the Status of the Species from that opinion. For additional information regarding the Status of the Species, including description, distribution, status and natural history, and threats, refer to the Intra-Service Opinion for the HCP/NCCP. San Joaquin Kit Fox Listing Status: The San Joaquin kit fox was listed as an endangered species on March 11, 1967 (Service 1967) and it was listed by the State of California as a threatened species on June27, 1971. Status of the Species: The status of the San Joaquin kit fox population in Contra Costa County is not well documented, but the infrequency of confirmed sightings suggest their density is low or their occurrence could be periodic (Jones and Stokes 2006). Maintaining a connection to core San Joaquin kit fox populations in the San Joaquin Valley is likely critical to supporting a viable kit fox population in Contra Costa County. The HCP/NCCP aims to protect land in the Plan Area in order to protect San Joaquin kit fox habitat and to provide linkages to areas to the south and east. Currently, the HCP/NCCP has acquired numerous parcels to the east of Los Vaqueros Reservoir area and in the vicinity of Black Diamond Mines Regional Preserve that are to be incorporated into the preserve system of the HCP/NCCP. With the exception of the information provided above, the Service had determined that the Status of the Species is substantively unchanged from the time the Service issued its Intra-Service Opinion for the HCP/NCCP. Therefore, the Service is incorporating by reference the Status of the Species from that opinion. For additional information regarding the Status of the Species, including description, distribution, status and natural history, and threats, refer to the Intra- Service Opinion for the HCP/NCCP. Vernal Pool Fairy Shrimp Listing Status: A final rule was published on September 19, 1994, listing the vernal pool fairy shrimp as threatened under the Act (Service 1994). The final rule to designate critical habitat for 15 vernal pool species, including the vernal pool fairy shrimp, was published on August 6, 2003 (Service 2003). A final rule was published again on August 11, 2005 (Service 2005a). Further Ms. Kathleen A. Dadey 18 information on the life history and ecology of the vernal pool fairy shrimp may be found in the final listing rule, the final rule to designate critical habitat, the Recovery Plan for Vernal Pool Ecosystems of California and Southern Oregon (Service 2005c), Eng et al. (1990), Helm (1998), Simovich et al. (1992), and Volmar (2002). Status of the Species: With the exception of the information provided above, the Service has determined that the Status of the Species is substantively unchanged from the time the Service issued its Intra-Service Opinion for the HCP/NCCP. Therefore, the Service is incorporating by reference the Status of the Species from that opinion. For additional information regarding the Status of the Species, including description, distribution, status and natural history, and threats, refer to the Intra-Service Opinion for the HCP/NCCP. Longhorn Fairy Shrimp Listing Status: A final rule was published on September 19, 1994, to list longhorn fairy shrimp as endangered under the Act (Service 1994). The final rule to designate critical habitat for 15 vernal pool species, including the longhorn fairy shrimp, was published on August 6, 2003 (Service 2003). A final rule was published again on August 11, 2005 (Service 2005a). Further information on the life history and ecology of the longhorn fairy shrimp may be found in the final listing rule, the final rule to designate critical habitat, the Recovery Plan for Vernal Pool Ecosystems of California and Southern Oregon (Service 2005b), and Eng et al. (1990). Status of the Species: Since the time of listing, surveys for longhorn fairy shrimp throughout its range have not located additional populations of the species, although additional occurrences within the four known populations have been detected. Currently, the California Natural Diversity Database reports 11 occurrences oflonghorn fairy shrimp (CDFG 2010). Informal monitoring of known populations of longhorn fairy shrimp has occurred within the Brushy Peak Preserve, Alameda County. There are several vernal pools that have longhorn fairy shrimp within the 507-acre Brushy Peak Preserve, which is owned by the Livermore Area Recreation and Park District and managed by the East Bay Regional Park District (EBRPD). These pools are within rock outcrops within multiple indentations that seasonally pool water, but the exact number of vernal pools containing longhorn fairy shrimp has not been quantified. With the exception of the information provided above, the Service has determined that the Status of the Species is substantively unchanged from the tithe the Service issued its Intra-Service Opinion for the HCP/NCCP. Therefore, the Service is incorporating by reference the Status of the Species from that opinion. For additional information regarding the Status of the Species, including description, distribution, status and natural history, and threats, refer to the Intra- Service Opinion for the HCP/NCCP. Ms. Kathleen A. Dadey Vernal Pool Tadpole Shrimp Listing Status: A final rule was published on September 19, 1994, to list vernal pool tadpole shrimp as endangered under the Act (Service 1994). The final rule to designate critical habitat for 15 vernal pool species, including the vernal pool tadpole shrimp, was published on August 6, 2003 (Service 2003). A final rule was published again on August 11, 2005 (Service 2005a). Further information on the life history and ecology of the vernal pool tadpole shrimp may be found in the final listing rule, the final rule to designate critical habitat, the Recovery Plan/or Vernal Pool Ecosystems of California and Southern Oregon (Service 2005b), and Eng et al. (1990). 19 Status of the Species: The vernal pool tadpole shrimp is a California Great Central Valley endemic species, with the majority of the populations occurring in the Sacramento Valley. This species has also been reported from the Sacramento River Delta to the east side of San Francisco Bay, and from a few scattered localities in the San Joaquin Valley from San Joaquin County to Madera County (Rodgers 2001). Currently, the CNDDB lists 270 occurrences of vernal pool tadpole shrimp with one occurrence in Contra Costa County within the city limits of Antioch along Empire Mine Road (CDFG 2011). Currently the city of Antioch is not a permittee under the HCP/NCCP nor are any activities within the Antioch city limits covered by the HCP/NCCP. With the exception of the information provided above, the Service has determined that the Status of the Species is substantively unchanged from the time the Service issued its Intra-Service Opinion for the HCP/NCCP. Therefore, the Service is incorporating by reference the Status of the Species from that opinion. For additional information regarding the Status of the Species, including description, distribution, status and natural history, and threats, refer to the Intra- Service Opinion for the HCP/NCCP. Vernal Pool Fairy Shrimp and Longhorn Fairy Shrimp Critical Habitat The Service designated 228, 785 acres of critical habitat for the vernal pool fairy shrimp and 13,557 acres of critical habitat for the longhorn fairy shrimp in 2005 (Service 2005a). In a February 10, 2006, revision, we identified the designated critical habitat on a species by unit basis (Service 2006). In determining which areas to designate as critical habitat, the Service considers those physical and biological features (primary constituent elements) that are essential to the conservation of the species, and that may require special management considerations and protections (50 CFR § 424.14). The primary constituent elements of critical habitat for both vernal pool fairy shrimp and longhorn fairy shrimp are the habitat components that provide:(!) topographic features characterized by mounds and swales and depressions within a matrix of surrounding uplands that result in complexes of continuously, or intermittently, flowing surface water in the swales connecting the pools and providing for dispersal and promoting hydroperiods of adequate length in the pools; (2) depressional features including isolated vernal pools with underlying restrictive soil layers that become inundated during winter rains and that continuously hold water for a Ms. Kathleen A. Dadey 20 minimum of 23 days in all but the driest years; thereby providing adequate water for incubation, maturation, and reproduction. As these features are inundated on a seasonal basis, they do not promote the development of obligate wetland vegetation habitats typical of permanently flooded emergent wetlands; (3) sources of food, expected to be detritus occurring in the pools, contributed by overland flow from the pools' watershed, or the results of biological processes within the pools themselves, such as single-celled bacteria, algae, and dead organic matter, to provide for feeding; and ( 4) structure within the pools consisting of organic and inorganic materials, such as living and dead plants from plant species adapted to seasonally inundated environments, rocks, and other inorganic debris that may be washed, blown, or otherwise transported into the pools, that provide shelter. Environmental Baseline All Species As of the 2010 annual report for the HCP/NCCP, 61.4 acres of terrestrial impacts, 0.61 acres of aquatic (non-stream) impacts, and 138.3 linear feet of aquatic (stream) impacts have been authorized under the HCP/NCCP. In addition, 4,475.7 acres of terrestrial habitat, 36.9 acres of aquatic (non-stream) habitat, and 116,569.2 linear feet of aquatic (stream) habitat have been conserved under the HCP/NCCP, which support numerous occurrences of the Covered Species. California Red-legged frog The proposed action is located in the East San Francisco Bay Core Area of the East San Francisco Bay Recovery Unit number 16 for the California red-legged frog (Service 2002a). California red-legged frogs have been documented throughout the 18,500-acre Los Vaqueros Watershed (Watershed) and stock ponds in the Watershed support some of the highest densities of California red-legged frog in the region (Jones and Stokes Associates 2006). The CNDDB reports 96 California red-legged frog occurrences in and near the Watershed (CDFG 2010). The HCP/NCCP provides a regional conservation strategy that includes the development and acquisition of a preserve system. A completed preserve system will encompass 23,800 to 30,300 acres of land in eastern Contra Costa County and will include connections linking existing and future protected private and public lands. There are 127 occurrences of the California red-legged frog within the action area in the CNDDB (CDFG 2011). A few additional occurrences of the California red-legged frog have been documented within the action area and some additional take of the species has occurred since the HCP/NCCP was permitted. The current expansion of the Los Vaqueros Reservoir will result in the inundation of 451.27 acres of upland habitat and two ponds and four marshes that support California red-legged; however, the Service believes that the Environmental Baseline for this species is not substantively different from that described in the Service's Intra-Service Opinion for the HCP/NCCP. Therefore, the Service is incorporating by reference the Environmental Baseline from that opinion. For additional information regarding the Ms. Kathleen A. Dadey 21 Environmental Baseline for the California red-legged frog, refer to the Intra-Service Opinion for the HCP/NCCP. Central California tiger salamander The CNDDB describes over 150 occurrences of the Central California tiger salamanders in Contra Costa County with the majority of these records from the vicinity of the Los Vaqueros Watershed (CDFG 2010). A few additional occurrences of the Central California tiger salamander have been documented within the action area and some additional take of the species has occurred since the HCP/NCCP was permitted. The current expansion of the Los Vaqueros Reservoir will result in the inundation of 451.27 acres of upland habitat and one pond and one marsh known to support breeding populations of the Central California tiger salamander; however, the Service believes that the Environmental Baseline for this species is not substantively different from that described in the Service's Intra-Service Opinion for the HCP/NCCP. Therefore, the Service is incorporating by reference the Environmental Baseline from that opinion. For additional information regarding the Environmental Baseline for the Central California tiger salamander, refer to the Intra-Service Opinion for the HCP/NCCP. Alameda whipsnake There are 22 occurrences of the Alameda whipsnake within the action area in the CNDDB (CDFG 2011 ). The Service believes that the Environmental Baseline for this species is not substantively different from that described in the Service's Intra-Service Opinion for the HCP/NCCP. Therefore, the Service is incorporating by reference the Environmental Baseline from that opinion. For additional information regarding the Environmental Baseline for the Alameda whipsnake, refer to the Intra-Service Opinion for the HCP/NCCP. Giant garter snake There are no records of the giant garter snake within the actioi:i area in the CNDDB (CDFG 2011 ). The Service believes that the Environmental Baseline for this species is not substantively different from that described in the Service's Intra-Service Opinion for the HCP/NCCP. Therefore, the Service is incorporating by reference the Environmental Baseline from that opinion. For additional information regarding the Environmental Baseline for the giant garter snake refer to the Intra-Service Opinion for the HCP/NCCP. San Joaquin Kit Fox The Bureau of Reclamation recently completed formal consultation on the Contra Costa Water District's (CCWD) proposed expansion of the Los Vaqueros Reservoir (Reservoir Expansion) (Service file number 81420-2009-F-0201-l). The Reservoir Expansion will result in permanent impacts to 410.21 acres of annual grasslands and 29.34 acres of oak woodland. The expanded reservoir will also raise the waterline into three sections of oak woodland habitat to the west of the existing reservoir isolating two large grassland areas (totaling 284.76 acres) from Ms. Kathleen A. Dadey 22 surrounding grasslands likely rendering these areas inaccessible to San Joaquin kit fox. In addition, a grassland corridor to the west of the reservoir will be interrupted by approximately 700 feet of oak woodland at each of three locations making it unlikely that San Joaquin kit fox will use the remaining area to the west of the expanded reservoir following reservoir expansion. Loss of this corridor will compromise the southern branch of the Round Valley corridor to Black Diamond Mines Regional Preserve. In order to compensate for temporary and permanent effects to San Joaquin kit fox from Joss of habitat from the Reservoir Expansion, the CCWD will acquire and preserve, in perpetuity, a minimum of 4,890 acres. This includes additional lands preserved to those impacted in order to account for the Joss of habitat, movement corridors, and habitat connectivity for San Joaquin kit fox within the northern portion of their range, and for the Joss of San Joaquin kit fox conservation easement lands. The compensation is expected to preserve existing movement corridors within the northern San Joaquin kit fox range and currently includes one large under crossing of the I-580 corridor in Alameda County. San Joaquin kit fox sightings have been documented within and surrounding the action area (CDFG 2010, CCWD 2010). Documented sightings within and near the action area include: multiple sightings between 1967 and 1989 along Brushy Creek east ofVasco Road (CDFG 201 O); two San Joaquin kit fox sightings along the proposed Vasco Road alignment in 1989 (Jones and Stokes 1990); two records from May 2001 and June 2002 on Vasco Caves Regional Preserve (Clark et al. 2003); and two sightings near Brushy Creek in 2002 (CDFG 2010). CCWD has performed annual kit fox surveys throughout the Los Vaqueros Watershed since constructing the reservoir in 1998. During this period a single San Joaquin kit fox was observed in 2008 in close proximity to the Los Vaqueros Watershed Administrative Offices northeast of the reservoir (Howard 2008). Grasslands throughout the action area provide suitable San Joaquin kit fox habitat. Because San Joaquin kit foxes can use native habitats interspersed with development if there is minimal disturbance, adequate dispersal corridors, and sufficient prey-base the HCP/NCCP considers grassland habitat within wind turbine areas suitable for kit fox use. Threats within the action area include the Joss, fragmentation, and degradation of habitat through urban, rural, agricultural, and wind development. Although the use of pesticides to control rodents and other pests is restricted on CCWD and HCP/NCCP preserve lands, use of pesticides on private land within the action area may pose a threat to kit fox on private lands either directly through poisoning or indirectly through reduction of prey abundance. In addition, coyotes, cited as a significant source of San Joaquin kit fox mortality, are thought to have increased in number on the Los Vaqueros Watershed since reservoir filling in 1998 (CCWD 2011). Longhorn Fairy Shrimp There are two known occurrences oflonghorn fairy shrimp within the action area in the CNDDB (CDFG 2011). The Service believes that the Environmental Baseline for this species is not substantively different from that described in the Service's Intra-Service Opinion for the HCP/NCCP. Therefore, the Service is incorporating by reference the Environmental Baseline Ms. Kathleen A. Dadey from that opinion. For additional information regarding the Environmental Baseline for the longhorn fairy shrimp, refer to the Intra-Service Opinion for the HCP/NCCP. Vernal Pool Fairy Shrimp 23 There are thirteen known occurrence of vernal pool fairy shrimp within the action area in the CNDDB (CDFG 2011). The Service believes that the Environmental Baseline for this species is not substantively different from that described in the Service's Intra-Service Opinion for the HCP/NCCP. Therefore, the Service is incorporating by reference the Environmental Baseline from that opinion. For additional information regarding the Environmental Baseline for the vernal pool fairy shrimp, refer to the Intra-Service Opinion for the HCP/NCCP. Vernal Pool Tadpole Shrimp There are no known occurrences of vernal pool tadpole shrimp within the action area in the CNDDB (CDFG 2011). The Service believes that the Environmental Baseline for this species is not substantively different from that described in the Service's Intra-Service Opinion for the HCP/NCCP. Therefore, the Service is incorporating by reference the Environmental Baseline from that opinion. For additional information regarding the Environmental Baseline for the vernal pool tadpole shrimp, refer to the Intra-Service Opinion for the HCP/NCCP. Vernal Pool Fairy Shrimp and Langhorn Fairy Shrimp Critical Habitat Critical Habitat Unit 19 for vernal pool fairy shrimp includes three subunits; Units l 9A-B are located in Contra Costa County. Unit l 9C is located in Alameda County. Units I 9A and l 9B fall within the Plan Area. Unit 19A lies just north of Marsh Creek Road and Unit 19B lies north of Corral Hollow Road, west of Clifton Court Forebay (Service 2005a). Unit 19C is outside the action area. Units 19A-B include approximately 6,439 acres (Service 2005a). These units are essential to the conservation of the species because they support nearly all of the known occurrences of vernal pool fairy shrimp within Contra Costa and Alameda Counties and because they are necessary to maintain the current geographic and ecological distribution of the species. Critical Habitat Unit 1 for longhorn fairy shrimp includes two subunits referred to as the Altamont Pass Subunits; Unit IA is located in Contra Costa County and Unit lB in Alameda County. Within the Altamont Pass subunits longhorn fairy shrimp occur within clear depression pools in sandstone outcrops (Service 2005a). Unit IA falls within the Plan Area primarily within the Vasco Caves Regional Preserve. Unit lB is outside the action area. Units !A-B include approximately 791 acres (Service 2005a). These units are essential to the conservation of the species because they support nearly all of the known occurrences of longhorn fairy shrimp within Contra Costa and Alameda Counties and because they are necessary to maintain the current geographic and ecological distribution of the species. Ms. Kathleen A. Dadey 24 Effects of the Proposed Action California Red-legged frog and Central California Tiger Salamander The proposed action will result in temporary and permanent effects to aquatic and upland habitat for California red-legged frog and Central California tiger salamander. This could result in individuals being directly and/or indirectly injured or killed by activities that disturb breeding, feeding, sheltering, and dispersal habitat. The effects of activities covered by the RGP were analyzed in the Intra-Service Opinion for the HCP/NCCP, including minimization and mitigation measures for both species. No additional effects or effects different from those analyzed in the Intra-Service Opinion for the HCP/NCCP are expected. Therefore, the Service is incorporating by reference the Effects of the Proposed Action from that opinion. For additional information regarding the Effects of the Proposed Action on California red-legged frogs and the Central California tiger salamander, refer to the Intra-Service Opinion for the HCP/NCCP. Alameda Whipsnake The proposed action will result in temporary and permanent effects to habitat suitable for Alameda whipsnake resulting in direct and indirect effects to the species. The effects of activities covered by the RGP were analyzed in the Intra-Service Opinion for the HCP/NCCP, including minimization and mitigation measures. No additional effects or effects different from those analyzed in the Intra-Service Opinion for the HCP/NCCP are expected. Therefore, the Service is incorporating by reference the Effects of the Proposed Action from that opinion. For additional information regarding the Effects of the Proposed Action on Alameda whipsnakes, refer to the Intra-Service Opinion for the HCP/NCCP. Giant Garter Snake The proposed action will result in temporary and permanent effects to habitat suitable for giant garter snake resulting in direct and indirect effects to the species. The effects of activities covered by the RGP were analyzed in the Intra-Service Opinion for the HCP/NCCP, including minimization and mitigation measures. No additional effects or effects different from those analyzed in the Intra-Service Opinion for the HCP/NCCP are expected. Therefore, the Service is incorporating by reference the Effects of the Proposed Action from that opinion. For additional information regarding the Effects of the Proposed Action on giant garter snakes, refer to the Intra-Service Opinion for the HCP/NCCP. San Joaquin Kit Fox The proposed action will result in temporary and permanent effects to annual grassland habitat suitable for San Joaquin kit fox denning, foraging, or dispersal resulting in direct and indirect effects to the species. The effects of activities covered by the RGP were analyzed in the Intra- Service Opinion for the HCP/NCCP, including minimization and mitigation measures. No additional effects or effects different from those analyzed in the Intra-Service Opinion for the Ms. Kathleen A. Dadey 25 HCP/NCCP are expected. Therefore, the Service is incorporating by reference the Effects of the Proposed Action from that opinion. For additional information regarding the Effects of the Proposed Action on San Joaquin kit foxes, refer to the Intra-Service Opinion for the HCP/NCCP. Vernal Pool Fairy Shrimp, Longhorn Fairy Shrimp, and Vernal Pool Tadpole Shrimp Direct and indirect effects to vernal pool fairy shrimp, longhorn fairy shrimp, and tadpole shrimp will result from activities covered by the proposed RGP. The effects of activities covered by the RGP were analyzed in the Intra-Service Opinion for the HCP/NCCP, including minimization and mitigation measures for both species. No additional effects or effects different from those analyzed in the Intra-Service Opinion for the HCP/NCCP are expected. Therefore, the Service is incorporating by reference the Effects of the Proposed Action from that opinion. For additional information regarding the Effects of the Proposed Action on vernal pool fairy shrimp and longhorn fairy shrimp, refer to the Intra-Service Opinion for the HCP/NCCP. Vernal Pool Fairy Shrimp Critical Habitat Critical habitat for vernal pool fairy shrimp is found within the action area. Effects to vernal pool fairy shrimp critical habitat will result from activities covered by the proposed RGP. The effects of activities covered by the RGP were analyzed in the Intra-Service Opinion for the HCP/NCCP, including minimization and mitigation measures. No additional effects or effects different from those analyzed in the Intra-Service Opinion for the HCP/NCCP are expected. Therefore, the Service is incorporating by reference the Effects of the Proposed Action from that opinion. For additional information regarding the Effects of the Proposed Action on vernal pool fairy shrimp critical habitat, refer to the Intra-Service Opinion for the HCP/NCCP. Longhorn Fairy Shrimp Critical Habitat Critical habitat for longhorn fairy shrimp is found within the action area. Effects to longhorn fairy shrimp critical habitat will result from activities covered by the proposed RGP. The effects of activities covered by the RGP were analyzed in the Intra-Service Opinion for the HCP/NCCP, including minimization and mitigation measures. No additional effects or effects different from those analyzed in the Intra-Service Opinion for the HCP/NCCP are expected. Therefore, the Service is incorporating by reference the Effects of the Proposed Action from that opinion. For additional information regarding the Effects of the Proposed Action on longhorn fairy shrimp critical habitat, refer to the Intra-Service Opinion for the HCP/NCCP. Cumulative Effects Cumulative effects include the effects of future State, Tribal, local or private actions that are reasonably certain to occur in the action area considered in this Biological Opinion. Future Federal actions that are unrelated to the proposed action are not considered in this section because they require separate consultation pursuant to section 7 of the Act. Ms. Kathleen A. Dadey 26 The Service is aware of numerous non-federal actions currently planned in the vicinity of the proposed action, defined here as eastern Contra Costa County. Environmental analysis is either underway or completed for many of these projects. These projects include such actions as urban expansion, road improvement projects, water transfers and developments, and continued agricultural development. The cumulative effects of these known actions pose a significant threat to the eventual recovery of all listed species in this area. However, many of these activities will be reviewed under section 7 of the Act as a result of the Federal nexus provided by section 404 of the Federal Water Pollution Control Act, as amended (Clean Water Act). Additionally, many of these activities are included as Covered Activities for the HCP/NCCP and effects resulting from these activities are being mitigated for under the HCP/NCCP. Urban expansion in eastern Contra Costa and Alameda counties and western San Joaquin County will further fragment and isolate populations of California red-legged frogs, California tiger salamanders, and San Joaquin kit fox from other nearby populations. Urban expansion is accompanied by increased traffic resulting in increased wildlife injury and mortality from vehicle strikes. A 2009 wildlife movement study conducted along a 2.5-mile stretch of Vasco Road adjacent to the action area documented substantial wildlife mortality from vehicle strikes including 50 California tiger salamanders and 120 California red-legged frogs over a 15 month period (Mendelsohn et al. 2009). Continued development and maintenance of roadways and water projects to serve expanding urban areas are also likely to further fragment and isolate populations of these species. In addition, urban expansion is generally accompanied by increased predation associated with domesticated pets or feral animals that negatively affect populations of these species. The global average temperature has risen by approximately 0.6 degrees Celsius during the 20th Century (IPPC 2001, 2007; Adger et al. 2007). There is an international scientific consensus that most of the warming observed has been caused by human activities (IPPC 2001, 2007; Adger et al. 2007), and that it is "very likely" that it is largely due to manmade emissions of carbon dioxide and other greenhouse gases (Adger et al. 2007). Ongoing climate change (Anonymous 2007; Inkley et al. 2004; Adger et al. 2007; Kanter 2007) likely imperils several listed species including the California red-legged frog, Central California tiger salamander, Alameda whipsnake, giant garter snake, San Joaquin kit fox, vernal pool fairy shrimp, longhorn fairy shrimp, and vernal pool tadpole shrimp and the resources necessary for their survival. Since climate change threatens to disrupt armual weather patterns, it may result in a loss of their habitats and/or food sources, and/or increased numbers of their predators, parasites, and diseases. Where populations are isolated, a changing climate may result in local extinction, with range shifts precluded by lack of habitat. Conclusion After reviewing the current status of the California red-legged frog, Central California tiger salamander, Alameda whipsnake, giant garter snake, San Joaquin kit fox, vernal pool fairy shrimp, longhorn fairy shrimp, and vernal pool tadpole shrimp, the environmental baseline for the action area, the effects of the proposed action, and the cumulative effects, it is the Service's Ms. Kathleen A. Dadey 27 biological opinion that the RGP that would be used to authorize placement of dredged or fill material into waters of the U.S. for multiple actions considered to be Covered Activities under the East Contra Costa Habitat Conservation Plan/Natural Community Conservation Plan, as proposed, is not likely to jeopardize the continued existence of the California red-legged frog, Central California tiger salamander, Alameda whipsnake, giant garter snake, San Joaquin kit fox, vernal pool fairy shrimp, longhorn fairy shrimp, or vernal pool tadpole shrimp. We base this conclusion on the following: (1) some project effects are temporary in nature;(2) the proposed action does not include effects to listed species that were not analyzed in the Intra-Service Opinion for the HCP/NCCP; and (3) establishment of a 23,800 to 30,300 acres preserve system in eastern Contra Costa County to preserve and manage habitat for listed species in perpetuity. The project is located within critical habitat for the vernal pool fairy shrimp and longhorn fairy shrimp; however the proposed action will not result in its adverse modification or destruction. We based this conclusion on the following: ( 1) only a small percentage of critical habitat for vernal pool fairy shrimp and longhorn fairy shrimp would be affected by the proposed action; (2) the PCEs that are essential to the conservation value of vernal pool fairy shrimp and longhorn fairy shrimp critical habitat will remain and continue to contribute to the conservation function of the unit as a whole; and (3) range-wide critical habitat for vernal pool fairy shrimp and longhorn fairy shrimp would remain functional. INCIDENTAL TAKE STATEMENT Section 9(a)(l) of the Act and Federal regulations pursuant to section 4(d) of the Act prohibit the take of endangered and threatened species without special exemption. Take is defined as harass, harm, pursue, hunt, shoot, wound, kill, trap, capture or collect, or attempt to engage in any such conduct. Harm is further defined by the Service to include significant habitat modification or degradation that results in death or injury to listed species by significantly impairing behavioral patterns, including breeding, feeding, or sheltering. Harass is defined by the Service as actions that create the likelihood of injury to a listed species by annoying it to such an extent as to significantly disrupt normal behavior patterns which include, but are not limited to, breeding, feeding, or sheltering. Incidental take is defined as take that is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity. Under the terms of section 7(b )( 4) and section 7(o)(2), taking that is incidental to and not intended as part of the agency action is not considered to be prohibited taking under the Act provided that such taking is in compliance with this Incidental Take Statement. The measures described below are nondiscretionary, and must be implemented by the Corps so that they become binding conditions of any grant or permit issued to the applicant, as appropriate, for the exemption under section 7( o )(2) to apply. The Corps has a continuing duty to regulate the activity that is covered by this incidental take statement. If the Corps (1) fails to require the applicant, or any of its contractors to adhere to the terms and conditions of the incidental take statement through enforceable terms, and/or (2) fails to retain oversight to ensure compliance with these terms and conditions, the protective coverage of section 7( o )(2) may lapse. Ms. Kathleen A. Dadey 28 Amount or Extent of Take All Listed Species The amount of incidental take exempted from the prohibitions described under section 9 of the Act through this Biological Opinion is a subset of the incidental take authorized under the HCP/NCCP. Take associated with activities carried out under the HCP/NCCP has been authorized under a section IO(a)(l)(B) permit; however, incidental take associated with actions authorized, funded, or carried out by Federal Agencies cannot be authorized under section I 0 of the Act. The extent of the take will be difficult to detect or quantify because of the ecology and biology of these species. Additionally, their size and cryptic nature makes the finding of a dead specimen unlikely. Seasonal population fluctuations may also make losses of these species difficult to quantify. Due to the difficulty in quantifying the number of California red-legged frog, Central California tiger salamander, Alameda whipsnake, giant garter snake, San Joaquin kit fox, vernal pool fairy shrimp, longhorn fairy shrimp, or vernal pool tadpole shrimp that will be taken as a result of the proposed action, the Service is quantifying take incidental to the proposed project as the number of acres of habitat that will become unsuitable for the species as a result of the action. The exact subset of incidental take expected in conjunction with the RGP cannot be specifically segregated from the amount of take authorized under the HCP/NCCP, therefore, the Service is only authorizing the same amount of incidental take associated with the HCP/NCCP (i.e., the take is not in addition to that associated with the HCP/NCCP). The Service estimates that incidental take of California red-legged frog, Central California tiger salamander, San Joaquin kit fox, giant garter snake, Alameda whipsnake, vernal pool fairy shrimp, longhorn fairy shrimp, and vernal pool tadpole shrimp associated with loss of up to 13,387 acres of habitat will be affected. Upon implementation of the Reasonable and Prudent Measures, incidental take of California red- legged frog, Central California tiger salamander, San Joaquin kit fox, giant garter snake, Alameda whipsnake, vernal pool fairy shrimp, longhorn fairy shrimp, and vernal pool tadpole shrimp associated with the Corps' proposed RGP will become exempt from the prohibitions described under section 9 of the Act. Effect of the Take In the accompanying biological opinion and the Intra-Service Opinion for the HCP/NCCP, the Service has determined that this level of anticipated take is not likely to result in jeopardy to the California red-legged frog, Central California tiger salamander, San Joaquin kit fox, giant garter snake, Alameda whipsnake, vernal pool fairy shrimp, longhorn fairy shrimp, and vernal pool tadpole shrimp Ms. Kathleen A. Dadey 29 Reasonable and Prudent Measures The Service believes the following reasonable and prudent measure is necessary and appropriate to minimize the effect of take on the Central California tiger salamander, San Joaquin kit fox, giant garter snake, Alameda whipsnake, vernal pool fairy shrimp, longhorn fairy shrimp, and vernal pool tadpole shrimp: 1. The proposed action will be implemented by the project proponent as described in the Description of the Proposed Action and the East Contra Costa Habitat Conservation Plan/Natural Communities Conservation Plan and further, conservation measures shall be supplemented by terms and conditions (a) through ( e ). Terms and Conditions To be exempt from the prohibitions of Section 9 of the Act, the Corps shall ensure compliance with the following terms and conditions, which implement the reasonable and prudent measure described above. These terms and conditions are nondiscretionary. The following terms and conditions will implement the Reasonable and Prudent Measure described above: a. The applicant shall minimize the potential for harm, harassment, injury, and death of federally listed wildlife species resulting from project related activities including implementation of the Conservation Measures in this Biological Opinion. b. The applicant shall adhere to all of the conservation and management measures of the HCP/NCCP and the Terms and Conditions of its Incidental Take Permit (TE160958-0). c. All activities authorized by the Corps under this RGP must occur while the HCP/NCCP's Incidental Take Permit (TE160958-0) is valid. d. If the Corps determines that the activity complies with the terms and conditions of the RGP, including confirmation that proposed impacts to aquatic resources are minimal, written notification will be provided to the Conservancy, the Service, and CDFG consistent with the reporting requirements of the HCP/NCCP; this confirmation will be identified in the Corps' section 7 initiation letter to the Service for individual project applications under the RGP. e. The permittee must allow representatives from the Conservancy, Service and CDFG to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with East Contra Costa HCP/NCCP and the Terms and Conditions of its Incidental Take Permit (TE160958-0). Ms. Kathleen A. Dadey 30 f. All preserved, created, restored or enhanced waters of the U.S. and adjacent buffers on the project site shall be preserved and permanently protected consistent with the requirements of the East Contra Costa HCP/NCCP and subject to review and approval by the Service and CDFG. Reporting Requirements The Service is incorporating by reference the reporting requirements of the East Contra Costa HCP/NCCP and its associated permit and Terms and Conditions (TE160958-0). CONSERVATION RECOMMENDATIONS Section 7(a)(l) of the Act directs Federal agencies to utilize their authorities to further the purposes of the Act by carrying out conservation programs for the benefit of endangered and threatened species. Conservation recommendations are discretionary agency activities that can be implemented to further the purposes of the Act, such as preservation of endangered species habitat, implementation of recovery actions, or development of information and data bases. The Service requests notification of the implementation of any conservation recommendations in order to be kept informed of actions minimizing or avoiding adverse effects or benefiting listed species or their habitats. No voluntary conservation recommendations are needed or proposed for the proposed action. · RENITIATION -CLOSING STATEMENT This concludes formal consultation on the proposed issuance of a RGP for the East Contra Costa Habitat Conservation Plan/Natural Community Conservation Plan in Contra Costa County, California. As provided in 50 CFR 402.16, reinitiating of formal consultation is required where discretionary Federal agency involvement or control over the action has been retained (or is authorized by law) and if: (I) the amount or extent of incidental take is exceeded; (2) new information reveals effects of the agency action that may affect listed species or critical habitat in a manner or to an extent not considered in this opinion; (3) the agency action is subsequently modified in a manner that causes an effect to the listed species or critical habitat that was not considered in this Biological Opinion; or ( 4) a new species is listed or critical habitat designated that may be affected by the action. In instances where the amount or extent of incidental take is exceeded, any operations causing such take must immediately cease, pending reinitiating. Ms. Kathleen A. Dadey If you have any questions regarding this Biological Opinion on the proposed issuance of a Regional General Permit for the East Contra Costa Habitat Conservation Plan/Natural Community Conservation Plan in Contra Costa County, California, please contact Stephanie Jentsch, Mike Thomas, or Eric Tattersall (Deputy Assistant Field Supervisor) of my staff at the letterhead address or at telephone (916) 414-6600. cc: Sincerely, Susan K. Moore Field Supervisor Scott Wilson, California Department of Fish and Game, Yountville, California. John Kopchik, Contra Costa County, Martinez, California. 31 Ms. Kathleen A. Dadey 32 LITERATURE CITED Adger, N., P.Aggarwal, S. Agrawala, J.Alcamo, A. Allali, 0. Anisimov, N. Amell, M. Boko, O.Canziani, T. Carter, G. Cassa, U. Confalonieri, R. Cruz, E.de Alba Alcaraz, W. Eastreling, C. Field, A. Fischlin, B. Fitzharris, C.G. Garcia, C. Hanson, H. Harasawa, K. Hennessy, S.Huq, R. Jones, L. K. Bogataj, D. Karoly, R. Kliein, Z. Kundzewicz, M. Lal, R. Lasco, G. Love, X. Lu, G. Magrin, L.J. Mata, R. McLean, B. Menne, G. Midgley, N. Mimura, M.Q. Mirza, J. Moreno, L. Mortsch, I. Niang-Diop, R. Nichols, B. Novaky, L. Nurse, A. Nyon, M. Oppenheimer, J. Palutikof, M. Parry, A. Patwardhan, P.R. Lankao, C. Rosenzweig, S. Schneider, S. Semenov, J. Smith, J. Stone, J van Ypersele, D. Vaughan, C. Vogel, T. Wilbanks, P.Wong, S. Wu, and G. Yohe. 2007. Working Group II Contribution to the Intergovernmental Panel on Climate Change Fourth Assessment Report. Climate Change 2007: Climate change impacts, adaptation and vulnerability. Brussels, Belgium. Alvarez, J.A. 2006. Masticophis lateralis euryxanthus. Herpetological review 37(2): 233. Anonymous. 2007. Global warming is changing the World. Science 316:188-190. (CDFG) California Department of Fish and Game. 2010. RAREFIND. California Natural Diversity Data Base, Natural Heritage Division, Sacramento, California. __ 2011 RAREFIND. California Natural Diversity Data Base, Natural Heritage Division, Sacramento, California. Clark, Jr., H. 0., D. A. Smith, B. L. Cypher, and P.A. Kelly. 2003. Detection dog surveys for San Joaquin kit foxes in the northern range. Prepared for Pacific Gas & Electric Company Technical and Ecological Services, San Ramon, CA. (CCWD) Contra Costa Water District. 2010. Draft Los Vaqueros Reservoir Expansion Project Terrestrial Action Specific Implementation Plan. Prepared for U.S. Department of Interior Bureau of Reclamation Mid-Pacific Region. July 2010. __ 2011. Draft Los Vaqueros Watershed 20 I 0 Annual Monitoring Report for California Red-legged Frog, California Tiger Salamander, Western Pond Turtle, and Predator Control. January 2011. Eng, L. L., D. Belk and C. H. Eriksen. 1990. Californian Anostraca: distribution, habitat, and status. Journal of Crustacean Biology 10: 247-277. Helm, B. 1998. The biogeography of eight large branchiopods endemic to California. Pages 124-139 in C.W. Witham, E. Bauder, D. Belk, W. Ferren, and R. Omduff(editors). Ecology, Conservation, and Management of Vernal Pool Ecosystems -Proceedings from a 1996 Conference. California Native Plant Society, Sacramento, California. Ms. Kathleen A. Dadey 33 Holland, R. F. 1998. No net loss? Changes in Great Valley vernal pool distribution from 1989 to 1997. Prepared for California Department of Fish and Game Natural Heritage Division. Sacramento, California. l 6pp. __ . 2003. Distribution of vernal pool habitats in five counties of California's southern coast range. California Department of Fish and Game, Sacramento, California. 23 pp. Howard 2008. Personal account of San Joaquin kit fox sighting in the Los Vaqueros Watershed on September 6, 2008. Email sent from J. Howard to M. Mueller, Los Vaqueros. Inkley, D.B., M.G. Anderson, A.R. Blaustein,V. R. Burkett, B. Felzer, B. Griffith, J. Price and T. L. Root. 2004. Global Climate Change and Wildlife in North America. Technical Review 04-2, The Wildlife Society, Bethesda, Maryland. (IPPC) International Panel on Climate Change. 2001. Climate Change 2001: The Scientific Basis. Contribution of Working Group I to the Third Assessment Report of the Intergovernmental Panel on Climate Change [Houghton, J. T., Y. Ding, D. J. Griggs, M. Noguer, P. J. van der Linden, X. Dai, K. Maskell, and C.A. Johnson (editors)]. Cambridge University Press, Cambridge, United Kingdom and New York, New York. 881 pp. Available at http://www.ipcc.ch/. __ 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 [Alley, R., T. Berntsen, N.L. Bindoff, Z. Chen, A. Chidthaisong, P. Friedlingstein, J. Gregory, G. Heger!, M. Heimann, B. Hewitson, B. Hoskins, F. Joos, J. Jouzel, V. Kattsov, U. Lohmann, M. Manning, T. Matsuno, M. Molina, N. Nicholls, J. Overpeck, D. Qin, G. Raga, V. Ramaswamy, J. Ren, M. Rusticucci, S. Solomon, R. Somerville, T.F. Stocker, P. Stott, R. F. Stouffer, P. Whetton, R.A. Wood, D. Wratt. 21 pp. Available at http://www.ipcc.ch/. Jones and Stokes. 1990. Results of supplemental biological inventories conducted for the Los Vaqueros project in and adjacent to Kellogg Creek Watershed. Prepared for the Contra Costa Water District, Sacramento, California. __ 2006. Final East Contra Costa habitat conservation plan/natural communities conservation plan. Prepared for the East Contra Costa Habitat Conservation Plan Authority, October 2007; Kanter, J. 2007. Scientists detail climate changes, Poles to Tropics. New York Times. April 10, 2007. Keeler-Wolf, T., D.R. Elam, K. Lewis, and S. A. Flint. 1998. California vernal pool assessment. Preliminary Report. State of California, Resources Agencies, Department of Fish and Game, California. Ms. Kathleen A. Dadey Mayer, K. E., and W. F. Laudenslayer. 1988. A Guide to Wildlife Habitats of California. California Department of Forestry and Fire Protection. Sacramento, California. 166 pages. Mendelsohn, M., W. Dexter, E. Olson, and S Weber. 2009. Vasco Road wildlife movement study report. Prepared for Contra Costa County Public Works Department, Martinez. 34 Rogers, D. C. 2001. Revision of the North American Lepidurus (Notostraca: Crustacea) with a description of a new species previously confused with two other species. Journal of Crustacean Biology 24(4): 991-1006. Shaffer, H.B., G. B. Pauly, J.C. Oliver, and P. C. Trenham. 2004. The Molecular Phylogenitics of Endangerment: Cryptic Variation and Historic Phylogeography of the California Tiger Salamander, Ambystoma californiense. Molecular Ecology 13: 3033-3049. Shaffer, H.B., G.M. Fellers, S. R. Voss, C. Oliver, and G.B. Pauley. 2010. Species boundaries, phylogeography, and conservation genetics of the red-legged frog (Rana aurora/draytonii) complex. Molecular ecology 13: 2667-2677. Simovich, M., R. Brusca, and J. King. 1992. Invertebrate survey 1991 1993 POT POE/Bechtel pipeline expansion project. University of San Diego, Alcala Park, San Diego, California. Tatarian, P. J. 2008. Movement patterns of California red-legged frogs (Rana draytonii) in an inland California environment. Herpetological Conservation and Biology 3(2):155-169. (Service) U.S. Fish and Wildlife Service.1967. Native Fish and Wildlife, Endangered Species. Federal Register 32: 4001. __ 1993. Endangered and threatened wildlife and plants; determination of threatened status for the giant garter snake. Federal Register 58:54053-54066. __ 1994. Endangered and threatened wildlife and plants; determination of endangered status for the Conservancy fairy shrimp, longhorn fairy shrimp, and the vernal pool tadpole shrimp, and threatened status for the vernal pool fairy shrimp. Federal Register 59:48136-48153 __ 1996. Endangered and threatened wildlife and plants; determination of threatened status for the California Red-Legged Frog. Federal Register 61 :25813-25833. __ 1997. Endangered and threatened wildlife and plants; determination of endangered status for the callippe silverspot butterfly and the Behren's silverspot butterfly and threatened status for the Alameda whipsnake. Federal Register 62(234):64306-64320. Ms. Kathleen A. Dadey 35 __ 2000. Endangered and threatened wildlife and plants; final determination of critical habitat for the Alameda whipsnake (Masticophis lateralis euryxanthus). Federal Register 65: 58933-58962. __ 2002a. Recovery plan for the California red-legged frog (Rana aurora draytonii). Portland, Oregon. 173 pages. __ 2002b. Draft Recovery Plan for Chaparral and Scrub Community Species East of San Francisco Bay, California. Region 1, Portland, Oregon. xvi + 306 pages. __ 2003. Endangered and Threatened Wildlife and Plants: Final Designation of Critical Habitat for Four Vernal Pool Crustaceans and Eleven Vernal Pool Plants in California and Southern Oregon; Final Rule. Federal Register68:46684-46762. __ 2004. Endangered and Threatened Wildlife and Plants; Determination of Threatened Status for the California Tiger Salamander; and Special Rule Exemption for Existing Routine Ranching Activities; Final Rule. Federal Register 69: 47212-47248. __ 2005a. Endangered and threatened wildlife and plants; final designation of critical habitat for four vernal pool crustaceans and eleven vernal pool plants in California and Southern Oregon; Evaluation of Economic Exclusions From August 2003 Final Designation; Final Rule. Federal Register 70:46924-46999. __ 2005b. Endangered and Threatened Wildlife and Plants; Proposed Designation of Critical Habitat for the Alameda Whipsnake, Proposed Rule. Federal Register 70: 60607- 60656. __ 2005c. Recovery Plan for Vernal Pool Ecosystems of California and Southern Oregon. Portland, Oregon. xxvi + 606 pages. __ 2006a. Endangered and threatened wildlife and plants; designation of critical habitat for the California red-legged frog (Rana aurora draytonii), and special rule exemption associated with final listing for existing routine ranching activities; final rule. Federal Register 71(71):19244-19346. April 13. · __ 2006b. Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Alameda Whipsnake, final rule. Federal Register 71 :58176-58231. __ 2007. Federal Fish and Wildlife Permit: TE160958-0. July 25, 2007. __ 2010. Endangered and threatened wildlife and plants; revised critical habitat for the California red-legged frog (Rana aurora draytonii); final rule. Federal Register 75(56):1286-12959. Ms. Kathleen A. Dadey 36 Volmar, J.E. 2002. Wildlife and rare plant ecology of eastern Merced County's vernal pool grasslands. Merced, Calfiornia. Personal Communication Swaim, Karen E. 2004. Swaim Biological Consulting, Livermore, California. Electronic mail message to Don Hankins (Service). November 29, 2004. Appendix C East Contra Costa County HCP/NCCP Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-1 October 2006 J&S 01478.01 Chapter 6 Conditions on Covered Activities 6.1 Introduction As required by ESA, the Plan includes measures to avoid and minimize take of covered species. These measures are described as conditions on development and are designed to achieve the following: „ Avoid or minimize take of covered species resulting from covered activities on a regional scale (see discussion below). „ Avoid take by covered activities that is prohibited by law (e.g., take of fully protected species). „ Minimize adverse effects on natural communities and covered species that occur in the Preserve System near the covered activities. „ Avoid and minimize impacts jurisdictional wetlands and waters at a regional scale to meet the requirements of regional wetland permit programs that are in preparation. The permit area excludes most high-quality habitat for covered species and high- quality jurisdictional wetlands and waters (see Chapter 5 for a discussion of conservation priorities and Chapter 2 for a discussion of requirements that the permit area for urban development not conflict with conservation priorities; see Appendix K for the regional analysis of aquatic resources). Impacts on some habitat for covered species and some jurisdictional wetlands and waters will be allowed under the Plan. Habitat preservation and enhancement will be concentrated outside the permit area, in the high-quality habitat of the proposed HCP/NCCP Preserve System. The Plan has evaluated and complied with avoidance and minimization requirements at a regional scale to eliminate the need for individual projects to evaluate avoidance and minimization at the project scale. Projects that implement the measures in this chapter will be in compliance with the avoidance and minimization requirements of the Plan. All activities covered under this Plan are required to conduct planning surveys to verify the assumptions used in this Plan including the regional analysis of avoidance and minimization. These measures are required for all covered projects in the HCP/NCCP permit area (i.e., the urban development area and covered rural infrastructure projects East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-2 October 2006 J&S 01478.01 outside the ULL). It is the responsibility of project proponents1 to design and implement their projects in compliance with these measures. The local jurisdiction (City or County) will evaluate all projects to ensure that they have adopted these conservation measures prior to issuance of coverage under the HCP/NCCP. For projects not subject to City or County permitting jurisdiction (e.g., projects of the cities, County, Flood Control District, or Participating Entities; see Section 8.4), the Implementing Entity will review applications (see Chapter 8). Also see Chapter 8 for a description of applicant responsibilities and the application process (Section 8.7). The intent of these measures is, in part, to encourage individuals of covered wildlife species within the permit area to avoid or escape project construction zones. Populations of covered plants will be avoided if these species are not identified within HCP/NCCP preserves. Impacts will also be minimized by designing projects adjacent to the HCP/NCCP Preserve System in ways that reduce their impacts on covered species and habitats. In addition to the conditions described in this chapter to avoid and minimize impacts, covered activities may also be required to pay mitigation fees (see Chapter 9, Cost and Funding) or provide land in lieu of mitigation fees. 6.2 Receiving Take Authorization under the Plan 6.2.1 Application Process To receive take authorization under the state and federal HCP/NCCP permits, project proponents must apply to the appropriate Permittee for take authorization. The appropriate Permittee will be referred to in this section as the HCP/NCCP application review agency. The HCP/NCCP application review agency for different types of projects is described below. „ For private projects and other projects subject to the land use authority of a city or the County, the HCP/NCCP application review agency will be the local land use planning agency with land use authority for the project (i.e., the appropriate city or the County). Figure 6-1 provides an overview of the application and review process for such projects. „ For projects or project proponents not subject to the land use authority of a Permittee (i.e., special districts not already a Permittee2), the HCP/NCCP application review agency will be the Implementing Entity. „ If one of the Permittees undertakes a project in the inventory area, the HCP/NCCP application review agency will be the same Permittee. In such 1 The term project proponent is used interchangeably with the term applicant or project applicant in this and future chapters. 2 Special districts may have their activities covered by the Plan under certain circumstances. See Chapter 8, Section 8.4, Participating Special Entity. East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-3 October 2006 J&S 01478.01 cases, the Permittee must complete the same application materials required of any other project proponent and provide a copy of these materials to the Implementing Entity before granting itself take authorization for the project3. In all cases, the project proponent must submit an HCP/NCCP application package. This application package must contain the following information. „ Standard application form for coverage under the HCP/NCCP. This form will be developed prior to issuance of the state and federal HCP/NCCP permits and will be available through the local jurisdictions and on the HCP/NCCP web site. „ Survey report documenting the methods and results of required planning surveys, the methods of applicable preconstruction surveys, and the methods of applicable construction monitoring. The Implementing Entity will provide each local jurisdiction with a template survey report during the first 6 months of Plan implementation. See Section 6.3, Surveys for Covered Activities, for a description of these survey requirements, when they apply, and limited exemptions. „ A verified wetland delineation report is also required if jurisdictional wetlands and waters are present on site. This delineation report may be included in the survey report or may be a separate document. See Section 6.3.1, Planning Surveys, for details of this requirement. „ Documentation of how applicable avoidance and minimization requirements in this chapter have been incorporated into the proposed project. This documentation can be included as a separate report or as part of the HCP/NCCP survey report. The HCP/NCCP application review agencies may adjust the required components of the application package over time in accordance with the requirements of the Plan. 6.2.2 Application Review In reviewing applications for take authorization, the HCP/NCCP application review agency will perform the steps listed below. 1. Review the HCP/NCCP application package for completeness4. If the application package is not complete, it will be returned to the project proponent with an explanation of why it is incomplete. 3 It is each Permittee’s responsibility to ensure that its own projects are consistent with the terms of the Plan. Submitting the application package to the Implementing Entity for a Permittee’s project is a notification process only and is intended to enable the Implementing Entity to perform its tracking responsibility. 4 A checklist of necessary HCP/NCCP application components will be developed by the Implementing Entity within 90 days of the effective date of the HCP/NCCP and distributed to HCP/NCCP application review agencies to assist with this step. East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-4 October 2006 J&S 01478.01 2. If the application package is complete, verify that all required planning surveys, preconstruction surveys, or construction monitoring has been accomplished or will be accomplished. Similarly, verify that all applicable avoidance and minimization measures have been followed according to the requirements of the HCP/NCCP. 3. Calculate the fees according to the requirements described in Chapter 9, Funding, and consistent with the local ordinance implementing the HCP/NCCP. 4. If the project proponent requests to contribute land in lieu of fees or requests certain special project conditions, refer such requests to the Implementing Entity or other appropriate agency designated in this Plan to consider requests for special conditions5. 5. Prepare a written determination of the application’s consistency with the Plan6. 6. Provide a copy of the application material to the Implementing Entity for entry into the HCP/NCCP database. For project proponents that are not also Permittees (i.e., not a participating city, the County, County Flood Control District, EBRPD, or the Implementing Entity), the HCP/NCCP application review agency, before issuing take authorization, must enter into an agreement with the project proponent obligating compliance with all terms and conditions of the Implementing Agreement, the HCP/NCCP, and the state and federal permits that apply to the project. Alternatively, the local jurisdiction may impose such terms and conditions as conditions of project approval. Such terms and conditions include, but are not limited to, those listed below. „ Compliance with all relevant surveys, monitoring, avoidance, minimization, and conservation measures determined by the local jurisdiction to apply to this project as required by the Plan. „ The right for the local jurisdiction to monitor the applicant’s compliance with all applicable avoidance and minimization requirements of this Plan. „ Either a fee or dedication of land in lieu of the fee as described in Chapter 9, Funding, and in the local Implementing Ordinance. Review of applications for take authorization should generally occur concurrent with the environmental review of a project under CEQA. To facilitate this approach, the HCP/NCCP application review agency should generally request 5 The Plan provides relatively few opportunities for applicants to request special project conditions. Examples include offers of land in lieu of fees, certain exceptions to stream setback requirements, and certain avoidance measures for jurisdictional wetlands and waters. Such special conditions and the entity designated to consider them are described in the Plan and summarized in Chapter 8, Section 8.7, Roles and Responsibilities in Reviewing Applications for Take Authorization. 6 A template form to document the HCP/NCCP application review agency’s determination of consistency with the HCP/NCCP will be developed by the Implementing Entity within 90 days of the effective date of the HCP/NCCP and distributed to HCP/NCCP application review agencies to assist with this step. East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-5 October 2006 J&S 01478.01 that project proponents submit the HCP/NCCP application package at the same time as the application for the first discretionary permit needed for the covered activity (e.g., application for a tentative subdivision map for a housing development). When this occurs, the HCP/NCCP application review agency should determine the completeness of the HCP/NCCP application package while determining the completeness of the application for the discretionary permit. Once the application is deemed complete, the CEQA review for the covered activity may commence and may consider the information in the HCP/NCCP application package. When the HCP/NCCP application review agency considers approving the discretionary permit for the covered activity and issues CEQA findings, it should also make a determination of consistency with the HCP/NCCP and condition the approval on performance of tasks required to comply with the HCP/NCCP (e.g., payment of applicable fees and performance of applicable surveys). For projects with pre-existing CEQA coverage or that do not require a Negative Declaration or an Environmental Impact Report, the above approach may not apply. 6.2.3 Granting Take Authorization Take authorization will be granted to project proponents by the HCP/NCCP application review agency once the following conditions have been met. „ The HCP/NCCP permit application is deemed complete. „ The required fees have been paid (see Chapter 9, Funding). „ The permit terms and conditions have been set. „ The HCP/NCCP application review agency makes a determination of consistency with the HCP/NCCP. Take authorization must be sought before, and issued no later than, the grading permit for the project is issued. If a grading permit is not required, take authorization must be granted before the first construction permit. For covered activities that do not require construction permits (e.g., certain maintenance activities), take authorization must be granted before the covered activity is performed. The project proponent will be granted take authority by the appropriate Permittee and allowed to proceed with the project consistent with the state and federal permits issued to all Permittees and consistent with other applicable local, state, and federal laws and local entitlements. Some project proponents may wish to secure take authorization well before the grading permit or first construction permit is issued for the project because they wish to lock in fee amounts, they want the extra assurance of having take authorization in hand, or for some other reason. Take authorization may be granted well before the grading permit or the first construction permit and after local approvals for the project, as long as certain conditions are met, including early payment of fees. See Chapter 9, Section 9.3.1, Mitigation Fees, for these East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-6 October 2006 J&S 01478.01 conditions and see Chapter 10, Section 10.2.9, Assurances to Private Landowners, for a discussion of take authorization assurances. 6.3 Surveys for Covered Activities Activities covered by an HCP must minimize and mitigate effects on covered species to the maximum extent practicable. To some degree, this requirement has been partially met already through careful design of the permit area and the Preserve System. Some avoidance and minimization is still required at the project level to fully meet this requirement; surveys are an important component. Three types of surveys may be required prior to or during implementation of covered activities: planning surveys, preconstruction surveys, and construction monitoring. Planning surveys are required prior to implementing covered activities to identify the natural resources affected by the proposed project and determine what additional preconstruction species surveys, if any, are needed. Planning surveys also serve another important function—to document actual impacts on land cover types to ensure that assembly of the Preserve System keeps pace with or exceeds these impacts. Preconstruction surveys, in turn, determine which species-specific avoidance and minimization measures must be applied to the project to ensure Plan compliance. Construction monitoring ensures that necessary avoidance and minimization measures are implemented properly. Surveys are required for all covered activities except those causing temporary impacts less than 0.05 acres or temporary impacts specifically excluded from the temporary impact fee (see Chapter 9 Funding). The project proponent is responsible for paying for the surveys and completing the required survey report. Small vacant lots, which are defined and mapped in Chapter 9 as being parcels less than 10 acres in size and surrounded on four sides by development (see Zone III Fee Zone described in Section 9.3.1) are required to conduct a very limited number of surveys described in this chapter: „ Western burrowing owl survey and direct take avoidance measures, if applicable; „ Swainson’s hawk nest survey and direct take avoidance measures, if applicable; „ San Joaquin kit fox den survey and direct take avoidance measures, if applicable; and „ Land cover mapping. The survey report submitted to the local jurisdiction (County or city) will contain only the results of the limited surveys above. All of these surveys can be conducted by the same qualified biologist to further reduce costs. East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-7 October 2006 J&S 01478.01 The intent of the survey requirements and species-specific avoidance and minimization measures is to reduce impacts to specific, high-value resources such as streams and occupied dens and nests of covered species while allowing covered activities within the permit area to take place. This Plan allows impacts on covered species within the permit area. The planning surveys are designed to minimize impacts on individual covered species during construction and to provide important data to inform project design and track Plan compliance. Preconstruction survey and construction monitoring requirements are limited to situations in which covered species could be killed or injured (as opposed to habitat removal) and avoidance is both technically feasible and biologically meaningful. Other biological field surveys beyond those required by this HCP/NCCP (e.g., for special-status species addressed by CEQA but not covered by the Plan) may be required by local agencies. 6.3.1 Planning Surveys Planning surveys are required prior to submission of an application for coverage under the HCP/NCCP. Requirements for planning surveys were developed in accordance the following guiding principles. „ Avoid and minimize impacts on covered species and natural land cover types to the maximum extent practicable on a regional scale. „ Provide the necessary data to track project impacts to allow the Implementing Entity to meet Plan requirements (e.g., land acquisition, stay ahead, wetland restoration). „ Simplify and reduce preproject survey requirements relative to current and future environmental regulations without the HCP/NCCP. „ Make survey requirements proportional to impacts—the survey burden should be lower on low-quality habitat than on high-quality habitat. Project proponents will conduct planning surveys to identify the following biological resources. „ Land cover type. „ Suitable breeding habitat for Swainson’s hawk, California tiger salamander, California red-legged frog, covered shrimp species, and no-take wildlife species (golden eagle, peregrine falcon, white-tailed kite, ringtail). „ Suitable breeding, roosting, or denning habitat for Townsend’s big-eared bat, San Joaquin kit fox, and western burrowing owl. „ All suitable habitat for giant garter snake. „ Covered and no-take plants. East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-8 October 2006 J&S 01478.01 „ Rare vegetation and landscape features. „ Jurisdictional wetlands and waters. The results of the planning survey will provide project applicants with the information necessary to comply with the HCP/NCCP. Applicable avoidance and minimization measures described in this chapter must be incorporated into the project design and submitted with the application package. A survey report with the following information for the site will be included in the HCP/NCCP application package. (The Implementing Entity will provide each local jurisdiction with a template survey report during the first 6 months of Plan implementation.) „ Descriptions of the types and extent of all land cover types; uncommon vegetation types; uncommon landscape features; covered and no-take plants; jurisdictional wetlands and waters; and suitable habitat for the covered wildlife species (listed above). „ CNDDB California Native Species Field Survey Forms for all covered plants encountered on the site. „ A map of these resources. „ Quantification (i.e., acreage) of the impact of the covered activity on these resources. „ A description (and map, if appropriate) of the applicable avoidance and minimization measures required by the HCP/NCCP and incorporated into project design or project implementation (e.g., pre-construction surveys). The applicable local land use planning agency will review and approve all planning survey reports before approving coverage under the HCP/NCCP. The Implementing Entity will enter all relevant information in the survey reports into the HCP/NCCP database and use these data to monitor Plan compliance (see Chapter 8 for a discussion of the HCP/NCCP database). Any new records of sensitive species will be submitted to the CNDDB. Land Cover Survey reports will include a map, quantification, and identification of the land cover types on the site according to the definitions provided in Chapter 3. The land cover types present on a site will determine, in part, whether additional preconstruction surveys or construction monitoring may be required for certain covered wildlife (Table 6-1). Selected Covered Wildlife Planning surveys will assess the location, quantity, and quality of suitable habitat for specified covered wildlife species on the project site. A determination of East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-9 October 2006 J&S 01478.01 presence/absence is not required because, to make the provisions of this Plan simple and predictable, covered species are assumed to occupy suitable habitat in impact areas, and mitigation is based on an assumption of take. Results of planning surveys will inform the design of projects adjacent to the Preserve System and be used to determine which preconstruction and construction monitoring surveys are necessary. For example, if suitable habitat is not present for one of the covered species identified above, the project proponent will not be required to conduct preconstruction surveys or construction monitoring for that species. Covered and No-Take Plants General habitat distribution models were developed for eight of the 11 covered plant species. The habitat requirements of the remaining three species are not well known enough to develop a credible model at this time. In addition, the locations of all covered plants within the inventory area are not known due to survey and mapping limitations. Because of these limitations, project proponents must determine if impacts on covered plants could result from covered activities so that the Implementing Entity can mitigate losses as required by the HCP/NCCP. The great majority of known populations of covered plants in the inventory area are outside the permit area; consequently, the preponderance of these populations are expected to be included incidentally as the Preserve System is established to meet vegetation community and wildlife goals and objectives. However, to ensure that covered plants are conserved, surveys will be conducted in impact areas and prior to land acquisition for the preserve system. All project applicants must also demonstrate avoidance of all six no-take plants (see Table 6-5). In order to do so, surveys must be conducted for these six species on suitable land cover types to demonstrate their absence from project sites. If no suitable land cover types are present on site, no surveys for covered or no-take plants are required. If any no-take plants are found on the site, the provisions of Conservation Measure 1.11 must be followed (see below). On suitable land cover types, surveys will be conducted using approved CDFG/USFWS methods during the appropriate season for identification of the covered and no-take plant species. If covered or no-take plants are found, the location, extent, and condition of all occurrences will be documented in a survey report submitted to the Implementing Entity. Survey reports will include CNDDB California Native Species Field Survey Forms for all covered or no-take plants encountered on the site. Copies of these forms will also be submitted to the CNDDB. Results of planning surveys will inform project design and be used, if avoidance is not possible, to guide the preserve-acquisition process. To allow impacts, the Implementing Entity must ensure that preserves support populations of the covered species that are as healthy as or healthier than those populations that will be adversely affected by covered activities (see Conservation Measure 1.1 Section on Incorporating Covered Plant Populations in the Preserve System). The Implementing Entity will monitor the status of all covered species in the Preserve System (see Chapter 7, Monitoring and Adaptive Management East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-10 October 2006 J&S 01478.01 Program). Project proponents wishing to remove populations of covered plants must notify the Implementing Entity of their construction schedule to allow the Implementing Entity the opportunity to salvage the populations (see Conservation Measure 3.10 at the end of this chapter). Uncommon Vegetation and Uncommon Landscape Features Uncommon vegetation alliances and uncommon landscape features within the inventory area may provide important habitat for many covered species and may generally support unique suites of species. Because of their distinctive character, such areas may contribute disproportionately to the overall biological diversity of the inventory area. By minimizing impacts on these alliances and features, the HCP/NCCP will contribute to the preservation of native biological diversity in the region. For the purposes of this Plan, uncommon vegetation types are defined as those vegetation alliances or associations listed as rare or worthy of special consideration by CDFG (California Department of Fish and Game 2003 or latest version7). Uncommon landscape features are physical or hydrologic features that are uncommon in the inventory area and provide important habitat for covered species and biological diversity. Examples of uncommon grassland alliances that must be identified include but are not limited to those listed below. „ Purple needlegrass grassland. „ Wildrye grassland. „ Wildflower fields. „ Squirreltail grassland. „ One-sided bluegrass grassland. „ Serpentine grassland. „ Saltgrass grassland (= alkali grassland). „ Alkali sacaton bunchgrass grassland. Uncommon landscape features that occur in the inventory area and that must be identified include but are not limited to the features listed below. „ Rock outcrops. „ Caves. „ Springs and seeps. „ Scalds. 7 Vegetation classification by CDFG is an ongoing effort. The latest classification scheme should be used. East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-11 October 2006 J&S 01478.01 „ Sand deposits. It is not possible to create a complete list of the uncommon vegetation alliances or uncommon landscape features present in the inventory area. In addition, current understanding of vegetation alliances in California and the determination of which alliances are rare can change over time. These lists are meant as guides to inform the selection of rare vegetation alliances or other landscape features that should be considered in an assessment of impact sites or potential preserves. The assessment should be based on the accepted professional standards at the time (e.g., California Department of Fish and Game 2003). Because of limitations in funding and site access, the small size of most of these features, and the inherent difficulty of observing these features from aerial photos or in the field, it was not possible to map all these features in the inventory area. Therefore, the impacts on these features that would result from covered activities cannot be evaluated with any certainty prior to implementation. Land cover mapping on covered activity sites will include identification of any uncommon vegetation types and uncommon landscape features. Impacts to these features will be avoided and minimized when projects occur adjacent to HCP/NCCP preserves (i.e., when their avoidance will help meet HCP/NCCP biological goals). In all other circumstances, the information will verify the assumption that little or no impact on uncommon resources is taking place. The purpose of avoidance measures under the HCP/NCCP is to minimize impacts but not to avoid all impacts on biological resources within the permit area. The HCP/NCCP permit area for urban development was designed to exclude the highest-quality habitat, including most uncommon landscape features. This approach allows the majority of conservation actions to be focused outside rather than inside the permit area for urban development. If uncommon landscape features or uncommon vegetation alliances are preserved on site, they should be connected to other open space. Jurisdictional Wetlands and Waters A delineation of jurisdictional wetlands and waters of the inventory area was not performed during HCP/NCCP development. It was not possible to gain access to all private property in the inventory area. Furthermore, it is not practical to conduct such a delineation for the plan because jurisdictional determinations are usually only valid for a period of five years. Jurisdictional delineations are necessary to identify regulated resources and support compliance with Sections 404 and 401 of the CWA, the Porter-Cologne Water Quality Control Act, and Section 1602 of the California Fish and Game Code. The regional wetland permitting programs developed in parallel with the HCP/NCCP, if approved, will require the delineation of jurisdictional wetlands and waters. Chapter 3 and Appendix J quantify the extent of potentially jurisdictional wetlands and waters in the inventory area, but this estimate is an understatement East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-12 October 2006 J&S 01478.01 of the true extent of jurisdictional wetlands and waters in the inventory area. Consequently, site-specific surveys will be necessary to document the true extent of jurisdictional wetlands and waters affected by covered activities. Jurisdictional delineations provide a repeatable, consistent method of tracking the impacts on jurisdictional wetlands and waters within the inventory area and ensuring that these impacts are properly mitigated. This documentation also serves as a benchmark for the restoration of wetlands within preserves as compensation for such loss (see Conservation Measure 2.1). If wetlands or other waters are present on the site, project proponents must conduct a delineation of jurisdictional wetlands and waters according to the accepted standards of USACE and CDFG and according to the wetland types and wetland delineation provisions described in Table 9-5. The delineation report will also document the expected impact on the jurisdictional wetlands and waters that would result from the project. Delineations of jurisdictional wetlands and waters must be verified by USACE, an appropriate State regulatory agency such as the RWQCBs, or the Implementing Entity prior to submittal to the County or cities. The report will be submitted to the Implementing Entity prior to receiving coverage under the HCP/NCCP to enable the Implementing Entity to track wetland impacts and ensure that wetland restoration and creation has been accomplished under the Plan to an extent sufficient to accept wetland mitigation fees. The project will not receive coverage under the Plan until it has properly mitigated the impacts on jurisdictional waters according to the terms of the HCP/NCCP (see Conservation Measures 2.2, 2.3, and 2.12 and Section 9.3.1). 6.3.2 Preconstruction Surveys for Wildlife Few covered species will require preconstruction surveys because the Plan assumes some take of covered species. Preconstruction surveys are limited to those species that will benefit the most by minimizing take of individuals. In some cases, preconstruction surveys are required to address the uncertainty of certain habitat models (e.g., giant garter snake). Preconstruction surveys will be conducted for the following covered wildlife species. „ Townsend’s big-eared bat. „ San Joaquin kit fox. „ Golden eagle. „ Western burrowing owl. „ Swainson’s hawk. „ Giant garter snake. „ Covered shrimp species. If projects contain the following types of habitat, then preconstruction surveys will be necessary to establish presence of covered species and to implement East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-13 October 2006 J&S 01478.01 additional avoidance and minimization measures (see Table 6-1 for a summary of all species survey requirements). „ Suitable breeding habitat for Swainson’s hawk, covered shrimp species, and golden eagle. „ Suitable breeding, roosting, or denning habitat for Townsend’s big-eared bat, San Joaquin kit fox, and western burrowing owl. „ All suitable habitat for giant garter snake. The need for preconstruction surveys will be based on results of planning surveys conducted for covered wildlife. Should planning surveys identify the species land cover type and specific habitat elements described in Table 6-1 for the covered wildlife species, and should project proponents not avoid impacts by modifying project design or project implementation, preconstruction surveys will be used to identify the site-specific measures required to avoid and minimize take of the select covered species. Preconstruction surveys within the Preserve System will take place at construction sites prior to implementing habitat enhancement, restoration, or creation measures and preserve-related maintenance activities that could result in take of select covered species. In some cases, preconstruction surveys will trigger construction monitoring (see Table 6-1). 6.3.3 Construction Monitoring Construction monitoring entails the monitoring by biologists of key biological resources identified during the planning and preconstruction surveys. Construction monitoring requires the presence of biological monitors during implementation of covered activities where resources that are protected under the HCP/NCCP have been identified in or near construction sites. Construction monitoring ensures that the impact avoidance and minimization measures integrated into the project design and submitted with the application package are properly implemented. If necessary, project proponents will undertake construction monitoring during project implementation to ensure that measures required to avoid and minimize impacts on covered species and natural communities are properly implemented. Resources identified in planning or preconstruction surveys will be the focus of construction-monitoring efforts. Construction monitoring will be conducted by qualified biologists. Before implementing a covered activity, the project proponent will develop and submit a construction-monitoring plan to the Implementing Entity for approval. Elements of a brief construction-monitoring plan will include the following components. „ Results of planning and preconstruction surveys. East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-14 October 2006 J&S 01478.01 „ Description of avoidance and minimization measures to be implemented, including a description of project-specific refinements to the measures or additional measures not included in the HCP/NCCP. „ Description of monitoring activities, including monitoring frequency and duration, and specific activities to be monitored. „ Description of the onsite authority of the construction monitor to modify implementation of the activity. Construction monitoring is necessary to ensure that avoidance and minimization measures are implemented in accordance with permit requirements. Construction monitoring is the responsibility of the project proponent. 6.4 Specific Conditions on Covered Activities Conditions on covered activities are an important part of the conservation strategy. Each conservation measure below is numbered using the same system as in Chapter 5. Conservation measure reference numbers sequentially follow the last measure at each level (landscape, community, species) in Chapter 5. 6.4.1 Landscape-Level Measures Conservation Measure 1.6. Minimize Development Footprint Adjacent to Open Space Measure When a project site is adjacent to HCP/NCCP preserves, likely HCP/NCCP acquisition sites (i.e., within the high or moderate priorities for conservation, see Figure 5-3), or existing public open space that is or will be linked to HCP/NCCP preserve, project applicants are encouraged to minimize their development footprint and set aside portions of their land to contribute to the HCP/NCCP Preserve System. Land set aside that contributes to the HCP/NCCP biological goals and objectives may be credited against development fees (see Chapters 8 and 9). This option should be considered to meet the overall objective of providing an adequate buffer between new development and existing or new open space (see Conservation Measures 1.7 and 1.8). Rationale Some impacts on vegetation communities and covered species are inevitable within the inventory area due to the growth within the UDA. The scale and magnitude of that impact will depend, in part, on the patterns of development that the cities and the County allow. A major goal of this HCP/NCCP is to provide take authorization for development in areas of low biological value in exchange East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-15 October 2006 J&S 01478.01 for the preservation, enhancement, and restoration of areas with high biological value. Project proponents are required to minimize their impacts on natural vegetation communities and covered species in order to meet the regulatory requirements of ESA. Although the Plan does this on a large scale, there are still opportunities to avoid and minimize impacts on a local scale when projects occur adjacent to existing or future open space. Good project design at these urban-wildland interfaces is critical to the success of the open space and to the HCP/NCCP preserves as part of that open space. This conservation measure is intended to help achieve compliance with the avoidance and minimization requirements of ESA and CWA. This measure is not intended to result in avoidance of small, isolated habitats on a project-by-project basis. Conservation Measure 1.7. Establish Stream Setbacks Measure A stream setback will be applied to all development projects covered by the HCP/NCCP according to the stream types listed in Table 6-2. The setback is measured from the top of the stream bank in an aerial perspective (to eliminate differences in setbacks on different slopes). Where native woody riparian vegetation is present, setbacks will extend, at minimum, to the outer dripline of this vegetation. Stream setbacks will be established for all perennial, intermittent, and ephemeral streams for all covered activities within the UDA. Stream setback requirements have been developed on the basis of an extensive literature review of applicable research from both local and national sources (Table 6-3) and in consultation with USFWS, CDFG, USACE, SWRCB, RWQCBs, and EPA. For the purpose of determining required stream setbacks, streams will be assigned to one of five categories. „ Concrete channel. „ First and second order ephemeral reaches in urban and agricultural areas. „ First and second order ephemeral reaches in natural areas. „ Perennial, intermittent, or third or higher order ephemeral reaches in urban areas except Marsh Creek mainstem. „ Perennial, intermittent, or third or higher order ephemeral reaches in agricultural or natural areas and Marsh Creek mainstem. No setbacks are required on irrigation ditches, underground stream reaches, or on drainages and swales that have neither defined bed and bank nor evidence of scour or sediment transport. It is anticipated that these features are likely to be filled in the course of covered development activities. However, where impacts to such features are sufficiently extensive to result in changes to the hydrograph of the watershed, measures will be implemented to maintain the baseline hydrograph, in keeping with requirements of the RWQCB (C3 provisions) and Conservation Measure 1.10 (Maintain Hydrologic Conditions and Minimize East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-16 October 2006 J&S 01478.01 Erosion). Irrigation ditches, underground stream reaches, and swales may provide important hydrologic/ecologic support functions for other downstream systems and features. Such support functions include being "catchment areas" or hydrologic source areas for surface flows or shallow subsurface flows that support downstream wetlands. The stream categories above are designed to correlate with existing habitat quality for species covered by the HCP/NCCP and with potential impacts of development to stream functions. Stream setbacks are designed to protect existing habitat quality, to protect water quality and hydrologic processes through buffering, and allow for at least minimal restoration. For informational purposes, the Implementing Entity will create and make available to local jurisdictions digital and hardcopy maps categorizing stream reaches according to this system. Local jurisdictions will ensure that project proponents seeking coverage under the HCP/NCCP adhere to setback requirements. Rare exceptions to the requirements may be granted by local jurisdictions according to the limitations on exceptions to setback requirements described in Table 6-2 if the local agency finds that complete adherence to the setback requirement is not practicable. Additional, site-specific exceptions will be considered case by case on the basis of factors such as unusual topography or reasonable economic use of a highly constrained site and shall require the approval of the Implementing Entity for projects within the UDA or the approval of CDFG and USFWS for projects outside the UDA (see Chapter 8, Section 8.7 for more information). Activities granted any such exception must mitigate these additional impacts as described below. Technical assistance will be provided by the Implementing Entity, if needed. Project proponents are encouraged to site trails and access roads outside the required setback to reduce disturbance to wildlife that use adjacent streams and riparian habitats. When roads and trails cannot be sited outside the required setback, they must be sited as far from the stream channel as practicable, must adhere to limitations on exceptions to stream setback requirements described in Table 6-2, and must mitigate additional impacts as described below. Project proponents are encouraged to use permeable or semi-permeable surfaces on roads and trails within stream setbacks as long as they are consistent with safety and zoning limits. If such surfaces are used, the project may be eligible for fee reductions (see below). Water quality treatment wetlands and grassy swales may be included within the setback if consistent with the biological goals and objectives of the Plan and the biological goals of the setback. The HCP/NCCP development fee will not apply to the portions of the development project within the stream setback if the land in the stream setback is precluded from future development (including active recreational facilities such as turf) by restrictions placed in the deed (see Section 9.3.1). If the stream setback deed restriction exceeds the minimum required, the fee may be waived on the entire protected area provided that the Implementing Entity finds that the East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-17 October 2006 J&S 01478.01 entire protected area provides a stream buffer benefit. Roads or trails constructed in the outer third of the setback with permeable or semi-permeable surfaces may be accommodated within the deed restriction; projects with such features retain eligibility for the fee waiver. If deed restrictions are not provided on the stream setback or if the development is granted an exception to the stream setback, the project proponent shall be charged the applicable HCP/NCCP development fee over the entire area (i.e., development area and the diminished setback). Development granted an exception to the stream setback shall also be required to mitigate for the loss of stream buffer by restoring riparian vegetation on site or off-site at a 0.5 to 1 ratio or to pay one half the riparian impact fee per acre of setback encroachment8. Development that causes fill of streams or other jurisdictional wetlands and waters shall also be subject to the wetland fee described in Section 9.3.1. All fee requirements described in this paragraph may also be satisfied with the applicable land-in-lieu of fee provisions described in Section 8.6.7 or with the applicable provisions in Section 9.3.1 for applicants to perform direct mitigation for impacts on jurisdictional wetlands and waters in lieu of paying a fee. The required stream setbacks proposed by this measure are designed to maintain existing habitat value for covered species, which is generally low within the UDA. Existing habitat value is largely correlated with adjacent land use. While these setbacks are designed to maintain a limited restoration potential, this measure is not intended to be an urban creeks restoration program, which is outside the scope of the HCP/NCCP. The stream setback measure is intended to achieve the following purposes. „ Maintain or improve water quality by filtering sediments and pollutants from urban runoff before they reach the stream. „ Allow for protection of preserved and restored riparian woodland and scrub within and adjacent to the stream channel. „ Maintain a buffer zone between urban development and existing and restored nesting habitat for Swainson’s hawk and other bird species. „ Maintain and enhance the water quality of the stream to protect native fish populations, including populations of special-status species that occur in downstream reaches (e.g., fall-run Chinook salmon in Marsh Creek). „ Maintain a more viable wildlife corridor for some species (e.g., California red-legged frog, foothill yellow-legged frog) than would be present with a narrower buffer zone. „ Maximize the natural flood protection value of the floodplain. 8 Roads, trails, bridges, turf, and development of all kinds within the setback will be considered encroachments; roads and trails constructed with permeable and semi-permeable surfaces may have their mitigated acreage reduced by 50%. East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-18 October 2006 J&S 01478.01 „ Provide for recreational trails along the corridor that are compatible with wildlife use. Setback requirements that are larger or more restrictive than those described in this conservation measure and in Table 6-2 could accomplish additional goals or may be necessary to comply with other regulations, but are not required by this Plan. For example, a wider corridor could provide aesthetic benefits and could increase habitat values, water quality protection, and opportunities for recreation. A minimum stream setback of 100 feet has been recommended in Brentwood to achieve habitat protection and enhancement goals (Natural Heritage Institute 2002). This setback is based on an extensive review of existing conditions in Brentwood and published literature on stream setbacks (e.g., Young et al. 1980; Lynch et al. 1985; Magette et al. 1987; Herson-Jones et al. 1995; Spackman and Hughes 1995; Hagar 1999). Tables 6-3 and 6-4 summarize available data on buffers for a variety of purposes (including some that go beyond the purposes of this conservation measure), and provide examples of existing and proposed buffer requirements elsewhere in the greater San Francisco Bay Area. Contra Costa County has policies encouraging stream setbacks from new development. The Conservation Element of the General Plan (Contra Costa County 1996b) states: Setback areas shall be provided along natural creeks and streams in areas planned for urbanization. The setback areas shall be of a width adequate to allow maintenance and to prevent damage to adjacent structures, the natural channel and associated riparian vegetation. The setback area shall be a minimum of 100 feet; 50 feet on each side of the centerline of the creek (Policy 8-89). The County also requires minimum setbacks to meet water quality and erosion- control goals through a stream ordinance for unimproved earthen channels. This ordinance requires a “structure setback line” that varies between 30 feet and 50 feet from top of bank depending on the height of top of bank above the channel invert (County Code Title 9, Division 914-14.012). Some participating cities have or will have their own similar setback ordinances. All covered activities must also meet County and city setback requirements, where applicable. Conservation Measure 1.8. Establish Fuel Management Buffer to Protect Preserves and Property Measure When a project site is adjacent to HCP/NCCP preserves, likely HCP/NCCP acquisition sites (i.e., within the high or moderate priorities for conservation, See Figure 5-3), or existing public open space that is or will be linked to HCP/NCCP preserve, a fuel management buffer will be established between the project site and the boundary of the existing or future conservation area. The purpose of buffer zones is to provide a buffer between development and wildlands that East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-19 October 2006 J&S 01478.01 allows adequate fuel management to minimize the risk of wildfire damage to property or to the preserve. The minimum buffer zone for new development is 100 feet. This requirement is designed to provide minimum fire protection for the terrain in the inventory area (Wormer, pers. comm.; Gipson, pers. comm.; Epperson, pers. comm.). In cases where development is proposed adjacent to an existing or likely future HCP/NCCP preserve (defined by an Acquisition Analysis Zone with a high priority for conservation), local jurisdictions will review development proposals to ensure this minimum buffer is incorporated. Existing public roads between the development and the preserve can be counted towards a portion of the 100-foot buffer zone. Since site-specific circumstances may in rare instances warrant exceptions to the fuel management buffer requirement, exceptions to this requirements may be granted but must be approved by the Implementing Entity. This buffer zone is designed to accommodate a minimum defensible space between urban development and open space. This space will be maintained as a fuel break within the development. Various land uses can occur within the buffer zone as long as they reduce fire hazards (e.g., trails, irrigated turf, livestock grazing); allowable uses must comply with the urban-wildland interface guidelines described in Conservation Measure 1.9 and Appendix E. If there are no new land uses within the buffer zone, it must be managed to reduce fire risk through regular mowing, disking, or other effective management technique. The cost of this management will be borne by the landowner. Buffer zones within new development will not count toward land acquisition requirements or land dedication in lieu of development fees. If, by mutual agreement of the Implementing Entity and the landowner, the landowner transfers the buffer zone to the Implementing Entity or other entity designated by the Implementing Entity to manage lands in the Preserve System, the Implementing Entity can assume management responsibility over this zone and the land may be receive some credit toward Plan requirements consistent with the provisions on Buffer Zones described in Chapter 5 (e.g., the buffer exceeds the minimum or contains habitat land that is not disked). Otherwise, the landowner will be responsible for buffer zone management in accordance with this HCP/NCCP. As discussed in Chapter 4 and Appendix E, urban development will have indirect effects on habitat and species in the Preserve System beyond 100 feet (e.g., predation and harassment by pets, noise, light, runoff if development is upslope of preserve). Because these indirect effects are accounted for in the impact analysis and take authorization requested by the Permittees, additional buffers are not required. East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-20 October 2006 J&S 01478.01 Conservation Measure 1.9. Incorporate Urban-Wildland Interface Design Elements Measure New land uses adjacent to preserves have the potential to adversely affect covered species and natural communities within the preserves. Damaging effects may include vandalism, dumping of trash, trampling, mountain bike use, and off- road vehicle use; runoff from adjacent streets and landscaped areas containing lawn fertilizer, pesticides, and vehicle waste (petroleum byproducts); introduction of invasive nonnative species (e.g., pampas grass, French broom, Argentine ants, giant reed); lights and noise from nearby development; unregulated movement of domestic animals; and a lack of barriers to covered species entering developed areas. Urban development that occurs adjacent to preserves or planned future preserves will incorporate design elements at the urban-wildland interface to minimize the indirect impacts of development on the adjacent preserve. This measure will generally apply to projects that occur at the edge of the UDA and adjacent to areas with moderate or high priorities for land acquisition (see Conservation Measure 1.8). The relevant jurisdiction (city or County) will determine which development projects are subject to this measure. The Implementing Entity will provide technical assistance when needed. Design elements to be considered and incorporated at the urban-wildland interface, if appropriate, include but are not limited to those listed below. „ Roads with appropriately designed permanent wildlife barriers may be placed at the edge of development, rather than abutting front-loaded lots against the preserve boundary (to reduce the incidence of domestic pets entering the preserves). „ Backyard fences may be designed to prevent pets from entering preserves with sensitive habitat or covered species and to preclude illegal gates and dumping. „ Public roads adjacent to preserves may be fenced to prevent unauthorized public access. „ Development footprints may be designed with straight edges at the boundary with preserves or buffers to minimize the length of the urban-wildland interface. „ Drainage systems may be installed to protect preserves from urban runoff. „ Low-glare or no lighting may be installed at the edge of development. „ Non-invasive landscaping may be used to avoid the escape of undesired plants into adjacent preserves. „ Fire-resistant landscaping that could also serve as a fire break may be used. „ Access restrictions or informational kiosks may be installed to educate residents about the adjacent preserve. East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-21 October 2006 J&S 01478.01 Additional design elements to be considered are described in detail in Appendix E, Urban-Wildland Interface Design Guidelines. Any design features incorporated into projects at the urban-wildland interface will be located within the development (i.e., not on the HCP/NCCP preserve). These features will be maintained by the property owners through a homeowners association, landscape and lighting district, or similar mechanism. As with other project elements, it is the responsibility of the local jurisdictions to monitor compliance. Rationale New preserves, particularly in Zones 1 and 2, will border existing and proposed urban development that includes (or will include) areas highly unsuitable for covered species; such areas include single-family homes with back or side yards, cul-de-sacs, residential streets, or parking lots. This situation presents a management challenge to preserving the covered species and habitats in the adjacent preserves. Design features incorporated into development projects can be effective means to reduce indirect impacts on biological resources in California (Kelly and Rotenberry 1993). By incorporating design features into development to minimize indirect effects, the buffer zone needed adjacent to preserves can be narrower (see Conservation Measures 1.7 and 1.8 for buffer requirements). Conservation Measure 1.10. Maintain Hydrologic Conditions and Minimize Erosion Avoid or minimize direct and indirect impacts of new development on local hydrological conditions and erosion by incorporating the applicable Provision C.3 Amendments of the Contra Costa County Clean Water Program’s (CCCCWP’s) amended NPDES Permit (order no. R2-2003-0022; permit no. CAS002912) or the NPDES permit which is current at the time of project approval. This measure applies to all new development within the permit area covered by the HCP/NCCP and subject to this NPDES permit or its successors. The overall goal of this measure is to ensure that new development covered under the HCP/NCCP has no or minimal adverse effects on downstream fisheries to avoid take of fish listed under ESA or CESA. The C.3 Provision contains performance standards to reduce construction and postconstruction impacts of applicable new development projects on local water quality. The C.3 standards are more stringent than current water quality standards. The following is a brief summary of the key requirements of the C.3 Provisions relevant to the HCP/NCCP. „ Develop stormwater treatment controls such as detention basins sized, at a minimum, to treat runoff in accordance with the criteria provided in the Provisions. East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-22 October 2006 J&S 01478.01 „ Implement a verification program for treatment controls to ensure that all installed controls are being appropriately operated and maintained. „ Control peak runoff flows and volumes by means of creation and implementation of a Hydrograph Modification Management Plan subject to Provision requirements. „ Provide compensatory mitigation to the appropriate jurisdiction (i.e., city or County) for projects where meeting Provision requirements are physically impractical. „ Limit the use of stormwater controls that function primarily as infiltration devices in order to protect groundwater quality and local stream hydrograph. For a more in-depth discussion of all of the Provisions please see amended NPDES Permit No. CAS0029912. Hydrologic conditions will also be maintained and improved by establishing minimum stream and riparian buffers on all perennial, intermittent, and ephemeral streams (see Conservation Measure 1.7). Rationale Stream and riparian systems play a vital role in the movement of nutrients and materials through a watershed and provide essential habitat for a broad array of amphibians, reptiles, birds, and mammals. Because these systems represent the primary conveyance pathways for most material in a watershed, they are particularly effective at transporting and accumulating a number of common urban pollutants such as oil, grease, heavy metals, refuse, pesticides, nutrients, and pathogens. Moreover, modifications of watershed hydrology resulting from increased impervious surfaces (i.e., roofs and roads) also play a major role in degradation of these valuable habitats. These modifications can result in increased peak flows, decreased base flows, and unnaturally elevated erosion and fine sediment deposition rates in local streams. These changes, in turn, further affect habitat for native biota. Projects that implement the C.3 Provisions will minimize their effects on water quality and stream habitat by maintaining or improving preproject hydrological conditions. This measure is specifically intended to minimize negative effects of development on sensitive fish populations in the inventory area and downstream in the Delta. Research in California and elsewhere has shown that urban runoff can introduce appreciable toxicity to aquatic organisms (Marsh 1993; Schiff and Stevenson 1996; Skinner et al. 1999). The C.3 Provisions address this potential for contamination by ensuring that urban stormwater runoff generated by new developments is treated appropriately before it is discharged into local waterways. In addition to reducing/controlling contaminant inputs from urban runoff, the C.3 Provisions also specifically address maintenance and/or restoration of stream hydrographs. Reduction of peak flows will also support conservation of fish by reducing bank erosion and resultant channel simplification, turbidity, and deposition of fine sediments. East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-23 October 2006 J&S 01478.01 Conservation Measure 1.11. Avoid Direct Impacts on Extremely Rare Plants, Fully Protected Wildlife Species, or Covered Migratory Birds Covered activities will avoid all impacts on extremely rare plant species listed in Table 6-5 as no-take species. These no-take plant species are all presumed extinct or extirpated from the inventory area9, and the likelihood of discovery of new populations is low. If a new population of any of these species is found, its protection would be of the highest importance for conservation of the species. Planning surveys will identify no-take plant species (see Section 6.3.1, Planning Surveys). Project proponents must demonstrate one of the following conditions: „ no-take plant species are absent from the project site, and the project will not result in indirect impacts if such plants are found adjacent to the project site; or „ if no-take plant species are found at a project site, all direct and indirect impacts on such plants that could result from the project are avoided. If a no-take plant population is found on a site, it is the responsibility of the property owner to adequately preserve the population in the development plan for the site (e.g., link to existing public lands, provide adequate buffers), prepare a long-term management and monitoring plan, and fund the implementation of this plan. Land that meets HCP/NCCP goals and objectives may be transferred to the HCP/NCCP Implementing Entity to implement long-term management (and to meet some HCP/NCCP goals and objectives) as long as the applicant fully funds the preparation of the required management plan to address the management needs of the no-take plant population. The HCP/NCCP does not budget for the intensive management that may be required to maintain an unexpected no-take plant population. If the applicant transfers ownership and management responsibility of the site to the Implementing Entity, the applicant may be required to provide additional funds (beyond the HCP/NCCP fee) to offset the additional management costs. In the event that complying with this conservation measure would severely impact a property owner’s use or economic interest in private property, the Implementing Entity, CDFG, and FWS shall promptly consult with the property owner to consider whether any modifications to this conservation measure are appropriate that will reduce the impact on the property owner, or whether the Implementing Entity may instead purchase the property as part of the Preserve System. Even if the property owner sells or otherwise transfers ownership of the land to the Preserve System, the property owner is responsible to fund the preparation and long-term implementation of the management and monitoring plan for conservation of the plant population. 9 One exception is large-flowered fiddleneck; a population of this species has been experimentally established within the inventory area on EBRPD land. East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-24 October 2006 J&S 01478.01 Several wildlife species that occur in the inventory area are listed as fully protected (as defined under Sections 3511 and 4700 of the California Fish and Game Code): white-tailed kite, peregrine falcon, golden eagle, and ringtail (Table 6-5). As described in Chapter 1, CDFG cannot issue permits for take10 of these species. To comply with these regulations, covered activities will avoid any take of fully protected wildlife species as defined under the California Fish and Game Code. All three fully protected raptor species forage widely throughout the inventory area but nest in discrete locations. To comply with this measure, project proponents covered under the HCP/NCCP must not disturb or destroy nests of these fully protected species or of other birds (per Section 3503 of the California Fish and Game Code). Ringtail is likely common in woodlands in the inventory area. Direct impacts on this species must also be avoided. Planning surveys will establish whether suitable habitat is present for any of these species and projects will be designed to avoid take should any such species be found on the property (see Chapter 6 for planning survey requirements and procedures). All birds covered by the Plan (tricolored blackbird, western burrowing owl, golden eagle, and Swainson’s hawk) are also considered migratory birds and subject to the prohibitions of the Migratory Bird Treaty Act (MBTA). Actions conducted under the Plan must comply with the provisions of the MBTA and avoid killing or possessing covered migratory birds, their young, nests, feathers, or eggs. Because none of the covered bird species are currently listed under the ESA, none of the covered birds are eligible for a Special Purpose Permit associated with the HCP/NCCP (as described in Appendix 5 of the Habitat Conservation Planning Handbook). Should any of the covered birds become listed under the ESA during the permit term, the ESA permit would also constitute an MBTA Special Purpose Permit for that species as specified under 50 CFR Sec. 21.27 subject to renewal by the Permittees. To fulfill the requirements of the Migratory Bird Treaty Act, covered activities must not result in take as defined by the MBTA of covered bird species. Conservation Measures 1.12 and 1.14 incorporate avoidance guidelines for compliance with the Migratory Bird Treaty Act. In addition, avoidance and minimizations measures for burrowing owl, golden eagle, and Swainson’s hawk are described in detail in Section 6.3.3. Covered activities with the potential to take tricolored blackbird nests will be avoided during the nesting season (April 1 to July 1). Rationale Several extremely rare plant species are known to have occurred (or are very likely to have occurred) historically in the inventory area. Several of these plant species are presumed extinct. The discovery of a population of any of these extremely rare plant species (especially those presumed extinct) within the inventory area would be a significant find, and preservation of that population 10 Take of Fully Protected species is defined more narrowly in the California Fish and Game Code than in the ESA; see Chapter 1, Introduction, for details. East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-25 October 2006 J&S 01478.01 would be of the highest priority for species conservation. Any direct or indirect adverse effects on extremely rare species may jeopardize their continued existence. Although some of these extremely rare plants are not state- or federally listed, they may become so during the permit term. The California Fish and Game Code prohibits the take of fully protected species (Sections 3511 [birds], 4700 [mammals], 5050 [reptiles and amphibians], and 5515 [fish]). Take is defined by the Fish and Game Code as the action of or attempt to “hunt, pursue, catch, capture, or kill.” (Section 86). CDFG includes in this definition of take any impacts on the species’ habitat that are sufficient to result in the death of individuals of that species. Any take of fully protected species would violate these Code provisions. Section 3503 of the California Fish and Game Code prohibits the take of eggs and nests of birds, including birds of prey (Section 3503.5); these prohibitions must also apply to projects covered under the Plan. The HCP/NCCP assumes that no-take plant populations will not be found within the permit area; consequently, funds for their long-term management and monitoring are not provided in the Plan. Conservation Measure 1.12. Implement Best Management Practices for Rural Road Maintenance Road maintenance activities have the potential to affect covered species by introducing sediment and other pollutants into downstream waterways, spreading invasive weeds, and disturbing breeding wildlife. In order to avoid and minimize these impacts, the BMPs listed below will be used where appropriate and feasible for all covered road maintenance activities. „ Silt fencing or other sediment control device will be installed downslope from maintenance activities that disturb soil to minimize the transport of sediment off site. „ In the course of rural-road maintenance, no erodible materials will be deposited into watercourses. Brush, loose soils, or other debris material will not be stockpiled within stream channels or on adjacent banks. This BMP does not refer to the use of packed earth or the planting of vegetation to repair and stabilize earthen channels, as discussed in Conservation Measure 1.13 below. „ Herbicides and pesticides should be used only when necessary and will be applied in strict compliance with label requirements and state and federal regulations. Herbicides and pesticides will only be applied when weather conditions will minimize drift and impacts on non-target sites. „ Maintenance activities on rural roads adjacent to natural land cover types will be seasonally timed, when safety permits, to avoid or minimize adverse effects on active nests of resident and migratory birds, including the covered birds (Swainson’s hawk, golden eagle, tricolored blackbird, and western East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-26 October 2006 J&S 01478.01 burrowing owl). This measure is particularly relevant for right-of-way mowing, brush clearing, and tree trimming. Project proponents should coordinate with the wildlife agencies to develop schedules that optimize logistical and financial needs while avoiding potential impacts to nesting birds. „ Mowing equipment will be thoroughly cleaned before use in rural areas so they are free of noxious weeds (e.g., yellow star-thistle) and do not introduce such weeds to new areas. „ Maintenance or repair of road medians or shoulder barriers in areas that support natural land cover types (e.g., annual grassland, oak savanna, oak woodland) will not reduce the ability of wildlife of all types to move through or over them, within safety limits. If possible, replacement or repair of road medians should improve the ability of wildlife to move past these structures. Rationale Most road maintenance activities are expected to have little or no effects on covered species because they occur within the disturbed footprint of the road, median, or shoulder. Some activities, however, have the potential to affect covered species by introducing sediment and other pollutants into downstream waterways or by spreading invasive weeds, as well as by direct disturbance of breeding wildlife species that may occur adjacent to rural roads. In order to meet regulatory requirements under the Plan to avoid and minimize impacts to the maximum extent practicable on a regional scale, this conservation measure was developed in accordance with the activity guidelines used by the Contra Costa County Department of Public Works and with the input of the HCPA, CDFG, and USFWS. Conservation Measure 1.13. Best Management Practices for Flood Control Facility Maintenance Flood control maintenance activities have the potential to affect covered species by introducing sediment and other pollutants into downstream waterways and disturbing breeding wildlife. In order to avoid and minimize these impacts, the BMPs listed below will be used where appropriate and feasible for all covered activities. „ Silt fencing or other sediment-control device will be installed downstream from maintenance activities to minimize the transport of sediment off site. „ Repaired surfaces of earthen flood-control channels will be covered with soil and revegetated, except in cases where soil would be expected to erode rapidly, such as during the rainy season or in channels with hardened banks. Seed mixes for temporary erosion control will be free of invasive species. Seed mixes where vegetative cover will be reestablished will be free of invasive species and composed of a majority of native species by weight or using other forms of native vegetation, such as willows. „ Repairs to flood-control channels will incorporate bioengineering techniques. East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-27 October 2006 J&S 01478.01 „ After cleaning culverts, subdrains, and other flood-control infrastructure, silt will be disposed of in an approved upland stockpile site where the material cannot reenter a waterway. „ If water and sludge must be pumped from a subdrain or other structure, the material will be conveyed to a settling basin to prevent sediment from entering the waterway. „ Power tools and heavy equipment used for flood-control maintenance (e.g., silt or vegetation removal) will be serviced and fueled away from waterways in a designated area. Spills will be absorbed and waste disposed of in a manner that will prevent pollutants from entering a waterway. „ Timing of maintenance activities in rural areas will consider seasonal requirements for aquatic species (including covered species). Rationale In order to meet regulatory requirements under the Plan to avoid and minimize impacts to the maximum extent practicable on a regional scale, this conservation measure was developed in accordance with the activity guidelines used by the Contra Costa County Department of Public Works and with the input of the HCPA, CDFG, and USFWS. Conservation Measure 1.14. Design Requirements for Covered Roads outside the UDA Measure New roads or road improvements covered by the HCP/NCCP outside the UDA (see Chapter 2) will have impacts on many covered species far beyond the direct impacts of their project footprints. For example, new or expanded roads may create major hazards or barriers to the movement of mobile species such as San Joaquin kit fox, California red-legged frog, California tiger salamander, and Western pond turtle. Roads and other linear projects also create dispersal corridors for nonnative plants, introduce runoff of car waste (e.g., oil, grease, radiator fluid), and create substantial noise and physical disturbance. Vehicle traffic on roads generate debris such as tires, litter, or car parts that can be hazardous to wildlife. Rural road projects in cultivated agricultural areas of the eastern portion of the inventory area are not expected to have the substantial indirect effects of road projects in grassland, oak woodland, and other natural land cover types because wildlife values in cultivated agricultural areas are relatively low. Furthermore, the covered species found in cultivated agriculture (e.g., Swainson’s hawk, western burrowing owl, tricolored blackbird) would be primarily affected only by the actual footprint of roads. To minimize the impacts of new, expanded, and improved roads in agricultural and natural areas of the inventory area, road and bridge construction projects covered by the Plan outside the UDA will adopt the siting, design, and construction requirements discussed below and listed in Table 6-6. The East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-28 October 2006 J&S 01478.01 requirements and guidelines in Table 6-6 were developed in close coordination with CDFG, USFWS, and the Contra Costa County Public Works Department. According to the table, the design elements listed in this measure fall into one of four categories in Table 6-6 depending on the project. „ Required (R). Avoidance/minimization measure is required and cannot be waived. „ Possible (P). Avoidance/minimization measure is required unless field data collected at the site or in comparable areas elsewhere demonstrate that the measure would not benefit the target wildlife species. CDFG and USFWS must also agree to waive the requirement. „ Optional (O). Avoidance/minimization measure can be implemented at the Permittee’s discretion. If implemented, a discount will be applied to the road fee. This discount will be determined on a case-by-case basis by the Implementing Entity. „ Not Applicable or Not Required (N/A). The impacts of the transportation project do not warrant the avoidance/minimization measure, or the measure would not be feasible. Proponents of rural road projects seeking coverage under the HCP/NCCP that result in new ground disturbance or that create or worsen a wildlife movement barrier must submit an application to the Implementing Entity, CDFG and USFWS that explains how project siting, design, and construction would comply with the terms of this conservation measure according to the requirements and options in Table 6-6. (One project, Vasco–Byron Highway Connector, has varying requirements in Table 6-6 depending on where the project is ultimately located. Road maintenance projects are subject to Conservation Measure 1.12 but not the provisions of Conservation Measure 1.14.) In order to receive take coverage under the Plan, CDFG and USFWS must approve the application as consistent with this and any other applicable conservation measures in the HCP/NCCP. This additional compliance step is necessary because of the complexity of rural road projects and their expected substantial effects on covered species. Design Requirements for Road Safety Improvement Projects. The following road safety improvement projects are not subject to the design requirements listed below or in Table 6-6 because they are not expected to result in new ground disturbance and are not expected to create or worsen a wildlife movement barrier. „ Installing traffic signals, signs, flashing beacons, or other safety warnings. „ Painting new lane striping. „ Installing “rumble” strips or other safety markers. „ Other road safety improvements that do not result in a significant change in road width or alignment. East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-29 October 2006 J&S 01478.01 The following road safety improvement projects are subject to the design requirements below and in Table 6-6 because they are expected to result in new ground disturbance or may create or worsen a wildlife movement barrier. „ Increasing road lane widths or adding turn lanes (but not increasing the number of lanes). „ Minor curve realignment for safety purposes (less than 250 feet long and less than 0.25 acre of new ground disturbance). „ Installing median barriers or other impermeable safety barriers. „ Constructing, resurfacing, or regrading road shoulders. Siting Requirements „ Planned roads will be located in the least environmentally sensitive location feasible and will avoid, to the greatest extent feasible, impacts on covered species and sensitive natural communities such as wetlands. Alignments will follow existing roads, easements, rights-of-way, and disturbed areas as appropriate to minimize additional habitat fragmentation. The footprint of disturbance will be minimized to the maximum extent practicable. „ Equipment storage, fueling, and staging areas will be sited on disturbed areas or on ruderal or non-sensitive nonnative grassland land cover types, when these sites are available, to minimize risk of direct discharge into riparian areas or other sensitive land cover types. „ Project surveys, including land cover mapping, will be conducted during the conceptual planning stage of each project (i.e., well in advance of project design) so that the results can inform the siting and design process. Project surveys should be conducted in as wide a study corridor as possible to enable project siting to minimize environmental impacts. „ All planning survey requirements of this Plan will be followed within the construction corridor (i.e., the limit of project construction plus equipment staging areas and access roads) and the entire road right-of-way. Expanding the survey area beyond the project footprint will help identify covered species and their habitats so that impacts on covered species that occur adjacent to the construction zone can be minimized. „ For certain road projects (see Table 6-6), data collection will be required on wildlife movement through the road study corridor for at least 1 year prior to project design. Wildlife movement will be studied at the site to determine which species move across it, when they move, and, most importantly, which landscape features are most often used. These data will be used to select the most appropriate design requirements for the species and conditions unique to the site (see below). „ Transportation project proponents will consult early with the HCP/NCCP Implementing Entity, CDFG, and USFWS on individual projects to ensure that conceptual designs (siting) and project designs (construction and staging areas) meet the terms of this Plan (Table 6-6). East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-30 October 2006 J&S 01478.01 Design Requirements for Wildlife Movement and Impact Minimization „ Design requirements will be updated or changed by designs shown by the best available science to be more effective at facilitating safe wildlife movement across roads. The effectiveness of road crossings for wildlife is an active area of research, so frequent advances in design are expected throughout the permit term. „ Wildlife crossing needs will be assessed for each road project as a whole (for those projects subject to this provision [see Table 6-6]), not by road segment, and for each wildlife species likely to need to cross the facility (Barnum 2003). Data will be collected on wildlife movements at the proposed project site for at least 1 year. These data will inform the design of wildlife movement structures suitable for the site and the species that use the area. „ Placement of Undercrossings. Road undercrossings will be constructed at frequent intervals to allow wildlife movement (see Table 6-6 for applicability). A combination of large structures (bridges, large culverts, or large tunnels) spaced at greater intervals and small structures (small culverts or tunnels) spaced at frequent intervals will be used to accommodate a wide variety of wildlife species. However, placement of undercrossings in areas where wildlife are most likely to use them is more important than maintaining a certain frequency or spacing. Wildlife crossings that serve multiple species should be used whenever possible. Crossing facilities should be installed at known travel routes, natural pinch points11, or other topographically appropriate locations to maximize the chance of use. Suitable areas may include stream crossings or natural drainages. Undercrossings should be placed at grade whenever possible to maximize their use by wildlife. „ Use of Bridges. Bridges, viaducts, or causeways12 will be used for certain projects (Table 6-6) to minimize impacts on important upland areas, wetlands, streams, and local surface hydrology that feeds wetlands and streams near the road, and to provide the widest and most natural passageways for wildlife (i.e., to allow natural vegetation and physical features to occur in the undercrossing). If possible, bridges will span the bed and bank of streams and avoid or minimize bridge piers or footings within the stream, within bridge safety limits. If possible, the span of bridges that cross streams should also include some upland habitat beneath their spans to provide dry areas for wildlife species that do not use creeks or for use during storms. Native plantings, natural debris, or rocks should be installed under bridges to provide wildlife cover and encourage the use of crossings. „ Crossing Frequency. Large wildlife crossings (for medium to large mammals) will be placed approximately once every mile along new or substantially expanded roads that cross wildlife movement routes (see Table 6-6 for applicability). Small wildlife crossings will be placed approximately every 1,000 feet along new or substantially expanded roads. This is the same 11 A pinch point is a constriction of habitat by a preexisting topographic or other feature such as a steep canyon, urban development, or narrowing band of woodland or scrub. 12 A viaduct is a long, multi-span bridge over upland habitat; a causeway is the same but often over wetland habitat. East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-31 October 2006 J&S 01478.01 interval of undercrossings suitable for California tiger salamander installed along Vasco Road in the inventory area (65 undercrossings in 13 miles). Within these parameters, undercrossings should be placed where wildlife are most likely to use them, rather than evenly spaced. The required interval can be used as an average if it can be demonstrated that strict adherence to the requirement will not benefit wildlife movement. „ Culvert Designs. Tunnels or culverts must be the minimum length, height, and width necessary to provide safe passage under the road. Culvert designs will be based on the best available data at the time. Current thinking recommends that culverts designed for medium-size mammals such as San Joaquin kit fox, coyote, raccoon, be 5–8 feet in diameter (although culverts larger than 8 feet in diameter may be needed for longer crossings). Culverts designed for small mammals are recommended at 18–48 inches in diameter; smaller structures may be preferred by smaller wildlife species. Culverts should, when feasible, provide a natural substrate on which wildlife can travel (e.g., open bottom). It is also recommended that wildlife undercrossings using tunnels or culverts use grating on the inactive part of the roadbed (e.g., road shoulders) to allow filtration of ambient light and moisture but minimize noise intrusion. Artificial lighting inside tunnels or culverts is not recommended; these devices have not been shown to be effective and may deter nocturnal wildlife. „ Fencing Design. Fencing will be used along the roadway to direct wildlife to undercrossings and minimize their access to the road (see Table 6-6 for applicability). Fencing designs will be customized for the wildlife expected to use the undercrossing and will be based on the best available data at the time. Fencing must be continuous along the road and must be attached to the undercrossing to facilitate its use. Fencing must also extend well beyond the target undercrossing to reduce the chance of wildlife moving around the fence. For example, four fencing designs have been installed along Vasco Road and monitored for their effectiveness in reducing mortality of California tiger salamanders (Jones & Stokes Associates 1998b, 1999). Fencing must be monitored regularly by the applicant and repairs made promptly to ensure effectiveness. Wildlife undercrossings must be at the same or similar elevation as the fencing (e.g., along elevated roadways) to increase chances of their use. Vegetation must be managed along small mammal and amphibian fencing to reduce the opportunity for these species to climb the fence. Fencing designed for small mammal or amphibian exclusion must be installed at least 8 inches deep into the soil to prevent small mammal burrows providing access under the fence. Where roads cross the wildlife exclusion fences, gates should be used whenever possible with material at the base of the gate to minimize the gap between the gate and the roadbed. If gates are not feasible, an in-roadway barrier (e.g., wildlife grates or similar devices) or device that channels species away must be installed to deter wildlife from moving around fences into the road. East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-32 October 2006 J&S 01478.01 „ Road Median Designs. When compatible with vehicle safety, road medians should allow wildlife to cross under or over the median in the event they become trapped on the roadway. Construction Requirements The following measures are specifically required for rural road and transportation projects. Other conservation measures described in this Plan for covered activities also apply. „ No erodible materials will be deposited into watercourses. Brush, loose soils, or other debris material will not be stockpiled within stream channels or on adjacent banks. „ All no-take species will be avoided. „ Construction activities will comply with the Migratory Bird Treaty Act and will consider seasonal requirements for birds and migratory non-resident species, including covered species. „ Temporary stream diversions, if required, will use sand bags or other approved methods that minimize instream impacts and effects on wildlife. „ Silt fencing or other sediment trapping method will be installed downgradient from construction activities to minimize the transport of sediment off site. „ Barriers will be constructed to keep wildlife out of construction sites, as appropriate. „ Onsite monitoring will be conducted throughout the construction period to ensure that disturbance limits, BMPs, and Plan restrictions are being implemented properly. „ Active construction areas will be watered regularly to minimize the impact of dust on adjacent vegetation and wildlife habitats, if warranted. The following construction measure will be applied differently to each rural road project (see Table 6-6). „ Install sturdy lock-boxes for cameras at each large wildlife undercrossing to facilitate wildlife monitoring by the Implementing Entity. Boxes should be at least 1 foot square, include a removable door, and be prewired for electricity (solar, battery, or alternating current). This will provide for the least intrusive, most secure, most flexible, and most cost-effective way to monitor wildlife usage, while minimizing human impacts. Boxes will be mounted on adjustable pedestals to vary the height of the box. Postconstruction Requirements „ Roadside vegetation within the right-of-way and adjacent to HCP/NCCP Preserves or other open space areas will be controlled to prevent the spread of invasive exotic plants such as yellow star-thistle into nearby or adjacent preserves. East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-33 October 2006 J&S 01478.01 „ Vegetation and debris must be managed in and near culverts and under and near bridges to ensure that entryways remain open and visible to wildlife and the passage through the culvert or under the bridge remains clear. „ Cut-and-fill slopes will be revegetated with native, non-invasive nonnative, or non-reproductive (i.e., sterile hybrids) plants suitable for the altered soil conditions. „ All structures constructed for wildlife movement (tunnels, culverts, underpasses, fences) must be monitored at regular intervals and repairs made promptly to ensure that the structure is in proper condition. Rationale Road projects in rural natural areas have been shown to have significant adverse effects on some wildlife species (Forman et al. 2002; Irwin et al. 2003). Some rural road projects covered by the HCP/NCCP are expected to have adverse effects on native wildlife as well as some covered species, particularly amphibians and San Joaquin kit fox. In order to meet regulatory requirements under the Plan to avoid and minimize impacts to the maximum extent practicable, this conservation measure was developed in consultation with Contra Costa County transportation planning staff, the HCPA, CDFG, and USFWS. Design guidelines and requirements are based on some of the latest techniques for minimizing impacts of rural road projects (Forman et al. 2002; Irwin et al. 2003; Finch 2004). 6.4.2 Natural Community–Level Measures Conservation Measure 2.12. Wetland, Pond, and Stream Avoidance and Minimization Measure All projects that discharge into or fill waters of the United States, including jurisdictional wetlands, are required to obtain applicable permits from the U.S. Army Corps of Engineers. All projects that discharge into or fill waters of the State, including jurisdictional wetlands, are required to obtain applicable permits from the Regional Water Quality Control Board. Projects that fill streams under the jurisdiction of the State are also required to obtain a streambed alteration agreement with CDFG. All covered activities will implement the following measures to avoid and minimize impacts of covered activities on wetlands, ponds, streams, and riparian woodland/scrub. „ Like avoidance and minimization measures for terrestrial habitats, this conservation measure is not intended to create small, isolated wetland mitigation sites. Some impacts on aquatic land cover types are expected under the Plan. The intent of the Plan is to concentrate mitigation for filled aquatic features in areas away from urban development and within large East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-34 October 2006 J&S 01478.01 preserves that are linked to existing protected areas. Larger preserves will be more effective for protecting, enhancing, and restoring wetlands. The analysis conducted in this Plan assumes that small, isolated wetlands will not be avoided on projects within the urban development area. Projects proposing to fill less than 3.0 acres of jurisdictional wetlands and waters do not need additional avoidance analysis beyond that in the HCP/NCCP. Projects proposing to fill greater than 3.0 acres of jurisdictional wetland and waters must conduct a site-specific analysis of avoidance and minimization measures in the wetland delineation report to demonstrate the project avoids and minimizes impacts on these features to the maximum extent practicable. The avoidance and minimization analysis for projects proposing impacts on more than 3.0 acres of jurisdictional wetlands and waters must be reviewed and approved by the Implementing Entity for projects within the UDA or by CDFG and USFWS for projects outside the UDA, consistent with the regional avoidance accomplished by the HCP/NCCP. Any regional permit program for aquatic resources that is subsequently adopted by the U.S. Army Corps of Engineers, Regional Water Quality Control Board, or CDFG will contain avoidance and minimization requirements. Those requirements may differ from the avoidance and minimization requirements in this Plan. „ Applicants with streams on site must follow the stream setback requirements in Conservation Measure 1.7. „ Applicants for coverage under the HCP/NCCP must follow the guidelines in Conservation Measure 1.10 to minimize the effects of urban development on downstream hydrology, streams, and wetlands. „ All wetlands, ponds, streams, and riparian woodland/scrub to be avoided by covered activities will be temporarily staked in the field by a qualified biologist. „ Buffer zones should be established where feasible between the aquatic resource and development. Required setbacks for streams are described in Conservation Measure 1.7. Credit for preservation of aquatic habitat will be given only if these features meet minimum distances from dense urban development (see Table 5-6). „ Fencing will be erected between the outer edge of the buffer zone and the project area. The type of fencing will match the activity and impact types. For example, projects that have the potential to cause erosion will require erosion control barriers (see below), and projects that may bring more household pets to a site should be fenced to keep the pets out. The temporal requirements for fencing also depend on the activity and impact type. For example, fencing for permanent impacts should be permanent, and fencing for short-term impacts should be removed after the activity is completed. „ Personnel conducting ground-disturbing activities within or adjacent to the buffer zone of wetlands, ponds, streams, or riparian woodland/scrub will be trained by a qualified biologist in these avoidance and minimization East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-35 October 2006 J&S 01478.01 measures and the permit obligations of project proponents working under this HCP/NCCP. Vehicles and equipment will be parked on pavement, existing roads, and previously disturbed areas. „ Trash generated by covered activities will be promptly and properly removed from the site. „ No construction or maintenance vehicles will be refueled within 200 feet of wetlands, ponds, streams, or riparian woodland/scrub unless a bermed and lined refueling area is constructed and hazardous material absorbent pads are available in the event of a spill. „ Appropriate erosion-control measures (e.g., fiber rolls, filter fences, vegetative buffer strips) will be used on site to reduce siltation and runoff of contaminants into wetlands, ponds, streams, or riparian woodland/scrub. Filter fences and mesh will be of material that will not entrap reptiles and amphibians. Erosion control blankets shall be used as a last resort because of their tendency to biodegrade slowly and trap reptiles and amphibians. Erosion-control measures will be placed between the outer edge of the buffer and the project site. „ Fiber rolls used for erosion control will be certified as free of noxious weed seed. „ Seed mixtures applied for erosion control will not contain invasive nonnative species, and will be composed of native species or sterile nonnative species. „ Where feasible, stream crossings will be located in stream segments without riparian vegetation, and bridge footings will be built outside the stream banks (i.e., clear span structures). „ Herbicide will not be applied within 100 feet of wetlands, ponds, streams, or riparian woodland/scrub; however, where appropriate to control serious invasive plants, herbicides that have been approved for use by EPA in or adjacent to aquatic habitats may be used as long as label instructions are followed and applications avoid or minimize impacts on covered species and their habitats. In seasonal or intermittent stream or wetland environments, appropriate herbicides may be applied during the dry season to control nonnative invasive species (e.g., yellow star-thistle). Herbicide drift should be minimized by applying the herbicide as close to the target area as possible. Rationale Avoidance and minimization measures are required to meet the biological objectives of the HCP/NCCP to avoid and minimize effects on wetlands, ponds, streams, and riparian woodland/scrub. Because of the sensitivity of these aquatic land cover types, special avoidance and minimization measures are necessary. East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-36 October 2006 J&S 01478.01 6.4.3 Species-Level Measures A summary of the species-level planning surveys, preconstruction surveys, and construction monitoring requirements is provided in Table 6-1. Townsend’s Big-Eared Bat Identify suitable habitat for Townsend’s big-eared bat and determine presence/absence. Prior to initiating covered activities, survey for Townsend’s big-eared bat as described below. Planning Surveys If initial planning surveys indicate suitable breeding or roosting habitat for Townsend’s big-eared bat, a USFWS/CDFG–approved biologist will examine the site to determine if it is occupied by Townsend’s big-eared bat. If occupied breeding or roosting habitat is identified, the project proponent will avoid and minimize impacts to the maximum extent practicable. Avoidance measures should include relocating impacts away from the occupied habitat or delaying the impacts until the bats vacate the site. Avoidance and minimization measures will be incorporated into the project design and other portions of the application package prior to submission for coverage under the Plan. If project does not fully avoid impacts to suitable habitat, preconstruction surveys will be required. Preconstruction Surveys If the project does not avoid impacts to suitable habitat for Townsend’s big-eared bat, a preconstruction survey is required to determine whether the sites are occupied immediately prior to construction or whether they show signs of recent previous occupation. Preconstruction surveys are used to determine what avoidance and minimization requirements are triggered before construction and whether construction monitoring is necessary. Avoidance and Minimization If the species is discovered or if evidence of recent prior occupation is established, construction will be scheduled such that it minimizes impacts on Townsend’s big-eared bat. Hibernation sites with evidence of prior occupation will be sealed before the hibernation season (November–March), and nursery sites will be sealed before the nursery season (April–August). If the site is occupied, then the action will occur either prior to or after the hibernation season for hibernacula and after August 15 for nursery colonies. Construction will not take place as long as the site is occupied. East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-37 October 2006 J&S 01478.01 The locations of all suitable or occupied microhabitat within the inventory area are not known due to survey and mapping limitations. Hibernacula or nursery sites may be located during planning or preconstruction surveys. Avoiding impacts on occupied sites during sensitive periods will minimize disturbance or direct mortality as a result of covered activities, and sealing sites prior to construction will allow bats to reestablish elsewhere. San Joaquin Kit Fox To avoid or minimize direct impacts on San Joaquin kit fox as a result of covered activities, the following procedures will be implemented. This program was based on the USFWS Standardized Recommendations for Protection of the San Joaquin Kit Fox prior to or during Ground Disturbance (U.S. Fish and Wildlife Service 1999). Planning Surveys A USFWS/CDFG–approved biologist will identify potential breeding or denning habitat for kit fox (Section 6.3.1, Planning Surveys). If the project does not fully avoid impacts to suitable breeding and denning habitat, preconstruction surveys will be required. Preconstruction Surveys Prior to any ground disturbance related to covered activities, a USFWS/CDFG– approved biologist will conduct a preconstruction survey in areas identified in the planning surveys as supporting suitable breeding or denning habitat for San Joaquin kit fox. The surveys will establish the presence or absence of San Joaquin kit foxes and/or suitable dens and evaluate use by kit foxes in accordance with USFWS survey guidelines (U.S. Fish and Wildlife Service 1999). Preconstruction surveys will be conducted within 30 days of ground disturbance. On the parcel where the activity is proposed, the biologist will survey the proposed disturbance footprint and a 250-foot radius from the perimeter of the proposed footprint to identify San Joaquin kit foxes and/or suitable dens. Adjacent parcels under different land ownership will not be surveyed. The status of all dens will be determined and mapped. Written results of preconstruction surveys will be submitted to USFWS within 5 working days after survey completion and before the start of ground disturbance. Concurrence is not required prior to initiation of covered activities. If San Joaquin kit foxes and/or suitable dens are identified in the survey area, the measures described below will be implemented. East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-38 October 2006 J&S 01478.01 Avoidance and Minimization Requirements „ If a San Joaquin kit fox den is discovered in the proposed development footprint, the den will be monitored for 3 days by a USFWS/CDFG– approved biologist using a tracking medium or an infrared beam camera to determine if the den is currently being used. „ Unoccupied dens should be destroyed immediately to prevent subsequent use. „ If a natal or pupping den is found, USFWS and CDFG will be notified immediately. The den will not be destroyed until the pups and adults have vacated and then only after further consultation with USFWS and CDFG. „ If kit fox activity is observed at the den during the initial monitoring period, the den will be monitored for an additional 5 consecutive days from the time of the first observation to allow any resident animals to move to another den while den use is actively discouraged. For dens other than natal or pupping dens, use of the den can be discouraged by partially plugging the entrance with soil such that any resident animal can easily escape. Once the den is determined to be unoccupied it may be excavated under the direction of the biologist. Alternatively, if the animal is still present after 5 or more consecutive days of plugging and monitoring, the den may have to be excavated when, in the judgment of a biologist, it is temporarily vacant (i.e., during the animal’s normal foraging activities). Construction Monitoring If dens are identified in the survey area outside the proposed disturbance footprint, exclusion zones around each den entrance or cluster of entrances will be demarcated. The configuration of exclusion zones should be circular, with a radius measured outward from the den entrance(s). No covered activities will occur within the exclusion zones. Exclusion zone radii for potential dens will be at least 50 feet and will be demarcated with four to five flagged stakes. Exclusion zone radii for known dens will be at least 100 feet and will be demarcated with staking and flagging that encircles each den or cluster of dens but does not prevent access to the den by kit fox. Golden Eagle To avoid or minimize direct impacts on golden eagle as a result of covered activities, the following procedures will be implemented. Planning Surveys A USFWS/CDFG–approved biologist will identify potential active nests of golden eagle. If nests are identified, the project proponent will avoid and East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-39 October 2006 J&S 01478.01 minimize impacts to the maximum extent practicable. Avoidance measures should include relocating impacts away from the nest. Avoidance and minimization measures will be incorporated into the project design and other portions of the application package prior to submission for coverage under the Plan. If project does not fully avoid impacts on nests and nest trees, preconstruction surveys will be required. Preconstruction Survey Prior to implementation of covered activities, a qualified biologist will conduct a preconstruction survey to establish whether nests of golden eagles are occupied (see Section 6.3.1, Planning Surveys). If nests are occupied, minimization requirements and construction monitoring will be required. Avoidance and Minimization Covered activities will be prohibited within 0.5 mile of active nests. Nests can be built and active at almost any time of the year, although mating and egg incubation occurs late January through August, with peak activity in March through July. If site-specific conditions or the nature of the covered activity (e.g., steep topography, dense vegetation, limited activities) indicate that a smaller buffer could be appropriate or that a larger buffer should be implemented, the Implementing Entity will coordinate with CDFG/USFWS to determine the appropriate buffer size. Construction Monitoring Construction monitoring will focus on ensuring that no covered activities occur within the buffer zone established around an active nest. Although no known golden eagle nest sites occur within or near the ULL, covered activities inside and outside of the Preserve System have the potential to disturb golden eagle nest sites. Construction monitoring will ensure that direct effects to golden eagles are minimized. Western Burrowing Owl Determine whether western burrowing owls utilize artificial burrows and artificial perches. Prior to initiating covered activities, conduct surveys for burrowing owl as described below. This measure incorporates avoidance and minimization guidelines from CDFG’s Staff Report on Burrowing Owl Mitigation (California Department of Fish and Game 1995). East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-40 October 2006 J&S 01478.01 Planning Surveys A USFWS/CDFG–approved biologist will identify potential burrowing owl breeding habitat (Section 6.3.1, Planning Surveys). If project does not fully avoid impacts to suitable breeding habitat, preconstruction surveys will be required. Preconstruction Surveys Prior to any ground disturbance related to covered activities, a USFWS/CDFG- approved biologist will conduct a preconstruction survey in areas identified in the planning surveys as having potential burrowing owl habitat. The surveys will establish the presence or absence of western burrowing owl and/or habitat features and evaluate use by owls in accordance with CDFG survey guidelines (California Department of Fish and Game 1993). On the parcel where the activity is proposed, the biologist will survey the proposed disturbance footprint and a 500-foot radius from the perimeter of the proposed footprint to identify burrows and owls. Adjacent parcels under different land ownership will not be surveyed. Surveys should take place near sunrise or sunset in accordance with CDFG guidelines. All burrows or burrowing owls will be identified and mapped. Surveys will take place no more than 30 days prior to construction. During the breeding season (February 1– August 31), surveys will document whether burrowing owls are nesting in or directly adjacent to disturbance areas. During the nonbreeding season (September 1–January 31), surveys will document whether burrowing owls are using habitat in or directly adjacent to any disturbance area. Survey results will be valid only for the season (breeding or nonbreeding) during which the survey is conducted. Avoidance and Minimization and Construction Monitoring If burrowing owls are found during the breeding season (February 1–August 31), the project proponent will avoid all nest sites that could be disturbed by project construction during the remainder of the breeding season or while the nest is occupied by adults or young. Avoidance will include establishment of a non- disturbance buffer zone (described below). Construction may occur during the breeding season if a qualified biologist monitors the nest and determines that the birds have not begun egg-laying and incubation or that the juveniles from the occupied burrows have fledged. During the nonbreeding season (September 1– January 31), the project proponent should avoid the owls and the burrows they are using, if possible. Avoidance will include the establishment of a buffer zone (described below). If occupied burrows for burrowing owls are not avoided, passive relocation will be implemented. Owls should be excluded from burrows in the immediate impact zone and within a 160-foot buffer zone by installing one-way doors in East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-41 October 2006 J&S 01478.01 burrow entrances. These doors should be in place for 48 hours prior to excavation. The project area should be monitored daily for 1 week to confirm that the owl has abandoned the burrow. Whenever possible, burrows should be excavated using hand tools and refilled to prevent reoccupation (California Department of Fish and Game 1995). Plastic tubing or a similar structure should be inserted in the tunnels during excavation to maintain an escape route for any owls inside the burrow. Swainson’s Hawk Prior to initiating covered activities, conduct surveys for Swainson’s hawk nest sites as described below. Planning Surveys A USFWS/CDFG–approved biologist will inspect all large trees with binoculars to document whether Swainson’s hawk nests occur on site (Section 6.3.1, Planning Surveys). Survey will be conducted according to the Swainson’s Hawk Technical Advisor Committee’s methodology (May 31, 2000) or updated methodologies as issued by USFWS or CDFG. If occupied nests are identified, the project proponent will avoid and minimize impacts to these nests in compliance with the Migratory Bird Treaty Act and the Fish and Game Code (Section 3503). Avoidance and minimization measures will be incorporated into the project design and other portions of the application package prior to submission for coverage under the Plan. Avoidance measures will include preserving the nest tree. If project construction occurs during the nesting season (March 15–September 15), a preconstruction survey will be required. Preconstruction Survey Prior to any ground disturbance related to covered activities that occurs during the nesting season (March 15–September 15), a qualified biologist will conduct a preconstruction survey no more than 1 month prior to construction to establish whether Swainson’s hawk nests within 1,000 feet of the project site are occupied. If potentially occupied nests within 1,000 feet are off the project site, then their occupancy will be determined by observation from public roads or by observations of Swainson’s hawk activity (e.g., foraging) near the project site. If nests are occupied, minimization measures and construction monitoring are required (see below). Avoidance and Minimization and Construction Monitoring During the nesting season (March 15–September 15), covered activities within 1,000 feet of occupied nests or nests under construction will be prohibited to East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-42 October 2006 J&S 01478.01 prevent nest abandonment. If site-specific conditions or the nature of the covered activity (e.g., steep topography, dense vegetation, limited activities) indicate that a smaller buffer could be used, the Implementing Entity will coordinate with CDFG/USFWS to determine the appropriate buffer size. If young fledge prior to September 15, covered activities can proceed normally. If the active nest site is shielded from view and noise from the project site by other development, topography, or other features, the project applicant can apply to the Implementing Entity for a waiver of this avoidance measure. Any waiver must also be approved by USFWS and CDFG. While the nest is occupied, activities outside the buffer can take place. All active nest trees will be preserved on site, if feasible. Nest trees, including non-native trees, lost to covered activities will be mitigated by the project proponent according to the requirements below. Mitigation for Loss of Nest Trees The loss of non-riparian Swainson’s hawk nest trees will be mitigated by the project proponent by: „ If feasible on-site, planting 15 saplings for every tree lost with the objective of having at least 5 mature trees established for every tree lost according to the requirements listed below. AND either 1. Pay the Implementing Entity an additional fee to purchase, plant, maintain, and monitor 15 saplings on the HCP/NCCP Preserve System for every tree lost according to the requirements listed below, OR 2. The project proponent will plant, maintain, and monitor 15 saplings for every tree lost at a site to be approved by the Implementing Entity (e.g., within an HCP/NCCP Preserve or existing open space linked to HCP/NCCP preserves), according to the requirements listed below. The following requirements will be met for all planting options: „ Tree survival shall be monitored at least annually for 5 years, then every other year until year 12. All trees lost during the first 5 years will be replaced. Success will be reached at the end of 12 years if at least 5 trees per tree lost survive without supplemental irrigation or protection from herbivory. Trees must also survive for at least three years without irrigation. „ Irrigation and fencing to protect from deer and other herbivores may be needed for the first several years to ensure maximum tree survival. „ Native trees suitable for this site should be planted. When site conditions permit, a variety of native trees will be planted for each tree lost to provide East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-43 October 2006 J&S 01478.01 trees with different growth rates, maturation, and life span, and to provide a variety of tree canopy structures for Swainson’s hawk. This variety will help to ensure that nest trees will be available in the short term (5-10 years for cottonwoods and willows) and in the long term (e.g., Valley oak, sycamore). This will also minimize the temporal loss of nest trees. „ Riparian woodland restoration conducted as a result of covered activities (i.e., loss of riparian woodland) can be used to offset the nest tree planting requirement above, if the nest trees are riparian species. „ Whenever feasible and when site conditions permit, trees should be planted in clumps together or with existing trees to provide larger areas of suitable nesting habitat and to create a natural buffer between nest trees and adjacent development (if plantings occur on the development site). „ Whenever feasible, plantings on the site should occur closest to suitable foraging habitat outside the UDA. „ Trees planted in the HCP/NCCP preserves or other approved offsite location will occur within the known range of Swainson’s hawk in the inventory area and as close as possible to high-quality foraging habitat. Giant Garter Snake Planning Survey A USFWS/CDFG–approved biologist will identify suitable giant garter snake habitat (Section 6.3.1, Planning Surveys). If suitable habitat is identified, the project proponent will avoid and minimize impacts to the maximum extent practicable. Avoidance measures should include relocating impacts away from the habitat. Avoidance and minimization measures will be incorporated into the project design and other portions of the application package prior to submission for coverage under the Plan. If project does not fully avoid impacts to suitable habitat, preconstruction surveys will be required. Preconstruction Surveys Prior to any ground disturbance related to covered activities, a USFWS/CDFG– approved biologist will conduct a preconstruction survey in areas identified in the planning surveys as having suitable garter snake habitat and 200 feet of adjacent uplands, measured from the outer edge of each bank. The surveys will delineate suitable habitat and document any sightings of giant garter snake. Avoidance and Minimization Requirements To the maximum extent practicable, impacts on giant garter snake habitat as a result of covered activities will be avoided. If feasible, in areas near construction East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-44 October 2006 J&S 01478.01 activities, a buffer of 200 feet from suitable habitat will be delineated within which vegetation disturbance or use of heavy equipment is prohibited. If impacts on giant garter snake habitat as a result of covered activities are not avoided, the following measures will be implemented. These measures are based on USFWS’s Standard Avoidance and Minimization Measures during Construction Activities in Giant Garter Snake Habitat (U.S. Fish and Wildlife Service 1999). „ Limit construction activity that disturbs habitat to the period between May 1 and September 30. This is the active period for giant garter snake, and direct mortality is minimized because snakes are more likely to independently move away from disturbed area. If activities are necessary in giant garter snake habitat between October 1 and April 30, the USFWS Sacramento Field Office will be contacted to determine if additional measures beyond those described below are necessary to minimize and avoid take. „ In areas where construction is to take place, dewater all irrigation ditches, canals or other aquatic habitat between April 15 and September 30 to remove habitat of garter snakes. Dewatered areas must remain dry, with no puddled water remaining, for at least 15 consecutive days prior to the excavation or filling of that habitat. If a site cannot be completely dewatered, netting and salvage of prey items may be necessary. Construction Monitoring If suitable habitat for giant garter snake cannot be avoided between October 1 and April 30 the USFWS Sacramento Field Office will be contacted to determine if additional measures beyond those described below are necessary, and the following actions will be performed. A USFWS-approved biologist will conduct a construction survey no more than 24 hours before construction in suitable habitat and will be on site during construction activities in potential aquatic and upland habitat to ensure that individuals of giant garter snake encountered during construction will be avoided. The biologist will provide USFWS with a field report form documenting the monitoring efforts within 24 hours of commencement of construction activities. The monitor will be available thereafter. If a snake is encountered during construction activities, the monitor will have the authority to stop construction activities until appropriate corrective measures have been completed or it is determined that the snake will not be harmed. Giant garter snakes encountered during construction activities should be allowed to move away from the construction area on their own. Only personnel with a USFWS recovery permit pursuant to Section 10(a)(1)(A) of the ESA will have the authority to capture and/or relocate giant garter snakes that are encountered in the construction area. The project area will be reinspected whenever a lapse in construction activity of 2 weeks or more has occurred. To ensure that construction equipment and personnel do not affect nearby aquatic habitat for giant garter snake outside construction areas, silt fencing will be erected to clearly define the aquatic habitat to be avoided; restrict working areas, East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-45 October 2006 J&S 01478.01 spoils, and equipment storage and other project activities to areas outside of aquatic or wetland habitat; and maintain water quality and limit construction runoff into wetland areas through the use of fiber bales, filter fences, vegetation buffer strips, or other appropriate methods. Fill or construction debris may be used by giant garter snakes as over-wintering sites. Therefore, upon completion of construction activities, any temporary fill or construction debris must be removed from the site. Construction personnel will be trained to avoid harming giant garter snakes. A qualified biologist approved by USFWS will inform all construction personnel about the life history of giant garter snakes; the importance of irrigation canals, marshes/wetlands, and seasonally flooded areas such as rice fields to giant garter snakes; and the terms and conditions of the Plan related to avoiding and minimizing impacts on giant garter snake. California Tiger Salamander Planning Surveys A USFWS/CDFG–approved biologist will identify potential breeding habitat for California tiger salamander. If the project fills or surrounds suitable breeding habitat, the project proponent will notify USFWS, CDFG, and the Implementing Entity of the presence and condition of potential breeding habitat, as described below. No preconstruction surveys are required. Minimization Written notification to USFWS, CDFG, and the Implementing Entity, including photos and breeding habitat assessment, is required prior to disturbance of any suitable breeding habitat. The project proponent will also notify these parties of the approximate date of removal of the breeding habitat at least 30 days prior to this removal to allow USFWS or CDFG staff to translocate individuals, if requested. USFWS or CDFG must notify the project proponent of their intent to translocate California tiger salamanders within 14 days of receiving notice from the project proponent. The applicant must allow USFWS or CDFG access to the site prior to construction if they request it. There are no restrictions under this Plan on the nature of the disturbance or the date of the disturbance unless CDFG or USFWS notify the project proponent of their intent to translocate individuals within the required time period. In this case, the project proponent must coordinate the timing of disturbance of the breeding habitat to allow USFWS or CDFG to translocate the individuals. USFWS and CDFG shall be allowed 45 days to translocate individuals from the date the first written notification was submitted by the project proponent (or a longer period agreed to by the project proponent, USFWS, and CDFG). East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-46 October 2006 J&S 01478.01 California Red-legged Frog Planning Surveys A USFWS/CDFG–approved biologist will identify potential red-legged frog breeding habitat (Section 6.3.1, Planning Surveys). If the project fills or surrounds suitable breeding habitat, the project proponent will notify USFWS, CDFG, and the Implementing Entity of the presence and condition of potential breeding habitat, as described below. No preconstruction surveys are required. Minimization Written notification to USFWS, CDFG, and the Implementing Entity, including photos and habitat assessment, is required prior to disturbance of any suitable breeding habitat. The project proponent will also notify these parties of the approximate date of removal of the breeding habitat at least 30 days prior to this removal to allow USFWS or CDFG staff to translocate individuals, if requested. USFWS or CDFG must notify the project proponent of their intent to translocate California red-legged frog within 14 days of receiving notice from the project proponent. The applicant must allow USFWS or CDFG access to the site prior to construction if they request it. There are no restrictions under this Plan on the nature of the disturbance or the date of the disturbance unless CDFG or USFWS notify the project proponent of their intent to translocate individuals within the required time period. In this case, the project proponent must coordinate the timing of disturbance of the breeding habitat to allow USFWS or CDFG to translocate the individuals. USFWS and CDFG shall be allowed 45 days to translocate individuals from the date the first written notification was submitted by the project proponent (or a longer period agreed to by the project proponent, USFWS, and CDFG). Covered Shrimp Planning Surveys A USFWS/CDFG–approved biologist will identify potential habitat for covered shrimp species. Suitable habitat is defined in the species profiles for each shrimp species (Appendix D). (Note that the understanding of suitable habitat for each species may change as more occurrences are discovered and additional research is conducted.) If suitable habitat is identified, project proponents will avoid and minimize impacts to the maximum extent practicable. Avoidance measures should include relocating impacts away from the suitable habitat. Avoidance and minimization measures will be incorporated into the project design and other portions of the application package prior to submission for coverage under the Plan. If project does not fully avoid impacts to suitable habitat, preconstruction surveys will be required. If surveys determine that the habitat is occupied, East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-47 October 2006 J&S 01478.01 project proponents must compensate for the loss of this habitat as described in Conservation Measure 3.8. Project proponents have the option to forgo the following survey, avoidance, and minimization requirements by assuming that suitable habitat is occupied and compensating for the loss of this habitat as described in Conservation Measure 3.8. Preconstruction Survey Prior to any ground disturbance related to covered activities, a USFWS-approved biologist will conduct a preconstruction survey in areas identified in the planning surveys as having suitable shrimp habitat. The surveys will establish the presence or absence of covered shrimp and/or habitat features and evaluate use by listed shrimp in accordance with modified USFWS survey guidelines (U.S. Fish and Wildlife Service 1996b). Project proponents are required to conduct USFWS protocol surveys in one year (rather than two) to determine presence or absence of listed shrimp species. If covered shrimp are absent from the site, there are no further requirements related to covered shrimp. If covered shrimp are present, the following avoidance and minimization and construction monitoring measures are required. Avoidance and Minimization Requirements To the maximum extent practicable, impacts on occupied habitat of covered shrimp will be avoided by implementing the following measures based on existing mitigation standards (U.S. Fish and Wildlife Service 1996a). „ If suitable habitat for covered shrimp will be retained on site, establish a buffer (described below) from the outer edge of all hydric vegetation associated with seasonal wetlands occupied by covered shrimp. Alternatively, at the request of the project proponent, representatives of the Implementing Entity and USFWS may conduct site visits to inspect the particular characteristics of specific project sites and may approve reductions of the buffer. Buffer reductions may be approved for all or portions of the site whenever reduced setbacks will maintain the hydrology of the seasonal wetland and achieve the same or greater habitat values as would be achieved by the original buffer. „ Activities inconsistent with the maintenance of seasonal wetlands within the buffers and disturbance of the onsite watershed will be prohibited. Inconsistent activities include altering existing topography; placing new structures within the buffers; dumping, burning, and/or burying garbage or any other wastes or fill materials; building new roads or trails; removing or disturbing existing native vegetation; installing storm drains; and using pesticides or other toxic chemicals. „ Filling of seasonal wetlands, if unavoidable, will be delayed until pools are dry and samples from the top 4 inches of wetland soils are collected. Soil collection will be sufficient to include a representative sample of plant and East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-48 October 2006 J&S 01478.01 animal life present in the wetland by incorporating seeds, cysts, eggs, spores, and similar inocula. The amount of soil collected will be determined by the size of the wetland filled and the variation in physical and biological conditions within the wetland. The number and size of samples will be sufficient to capture this variation. For very small wetlands it may be most cost effective to simply collect all topsoil. These samples will be provided to the Implementing Entity so that the soil can be translocated to suitable habitat within the inventory area unoccupied by covered shrimp or used to inoculate newly created seasonal wetlands on preserve lands. „ Seasonal wetlands occupied by covered shrimp that are filled will be offset by preserving or acquiring seasonal wetlands occupied by the covered shrimp species and restoring habitat suitable for the covered shrimp species in accordance with Conservation Measure 3.8. Such mitigation will supercede requirements for mitigation of impacts on wetland habitat when covered species are present. Construction Monitoring If suitable habitat for covered shrimp will be retained on site, project proponents will establish a buffer from the outer edge of all hydric vegetation associated with seasonal wetlands occupied (or assumed to be occupied) by covered shrimp. This buffer zone will be determined in the field by the biologists as the immediate watershed feeding the seasonal wetland or a minimum of 50 feet, whichever is greater. Buffers will be marked by brightly colored fencing or flagging throughout the construction process. Activities will be prohibited within this buffer in accordance with the minimization measure above. Construction personnel will be trained to avoid affecting shrimp. A qualified biologist approved by USFWS will inform all construction personnel about the life history of covered shrimp, the importance of avoiding their habitat, and the terms and conditions of the HCP/NCCP related to avoiding and minimizing impacts on covered shrimp. Covered Plants Conservation Measure 3.10. Plant Salvage when Impacts are Unavoidable Measure Perennial Covered Plants Where impacts on covered plant species cannot be avoided and plants will be removed by approved covered activities, the Implementing Entity has the option of salvaging the covered plants. Salvage methods for perennial species will be tested for whole individuals, cuttings, and seeds. Salvage measures will include the evaluation of techniques for transplanting as well as germinating seed in garden or greenhouse and then transplanting to suitable habitat sites in the field. East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-49 October 2006 J&S 01478.01 Techniques will be tested for each species, and appropriate methods will be identified through research and adaptive management. Where plants are transplanted or seeds distributed to the field they will be located in preserves in suitable habitat to establish new populations. Field trials will be conducted to evaluate the efficacy of different methods and determine the best methods to establish new populations. New populations will be located such that they constitute separate populations and do not become part of an existing population of the species, as measured by the potential for genetic exchange among individuals through pollen or propagule (e.g., seed, fruit) dispersal. Transplanting within the preserves will only minimally disturb existing native vegetation and soils. Supplemental watering may be provided as necessary to increase the chances of successful establishment, but must be removed following initial population establishment. See also All Covered Plants below. Annual Covered Plants For annual covered plants, mature seeds will be collected from all individuals for which impacts cannot be avoided (or if the population is large, a representative sample of individuals). If storage is necessary, seed storage studies will be conducted to determine the best storage techniques for each species. If needed, studies will be conducted on seed germinated and plants grown to maturity in garden or greenhouse to propagate larger numbers of seed. Seed propagation methods will ensure that genetic variation is not substantially affected by propagation (i.e., selection for plants best adapted to cultivated conditions). Field studies will be conducted through the Adaptive Management Program to determine the efficacy and best approach to dispersal of seed into suitable habitat. Where seeds are distributed to the field, they will be located in preserves in suitable habitat to establish new populations. If seed collection methods fail (e.g., due to excessive seed predation by insects), alternative propagation techniques will be necessary. See also All Covered Plants below. All Covered Plants All salvage operations will be conducted by the Implementing Entity. To ensure enough time to plan salvage operations, project proponents will notify the Implementing Entity of their schedule for removing the covered plant population. The Implementing Entity may conduct investigations into the efficacy of salvaging seeds from the soil seed bank for both perennial and annual species. The soil seed bank may add to the genetic variability of the population. Covered species may be separated from the soil though garden/greenhouse germination or other appropriate means. Topsoil taken from impact sites will not be distributed into preserves because of the risk of spreading new nonnative and invasive plants to preserves. The Implementing Entity will transplant new populations such that they constitute separate populations and do not become part of an existing population of the species, as measured by the potential for genetic exchange among individuals through pollen or propagule (e.g., seed, fruit) dispersal. Transplanting or seeding “receptor” sites (i.e., habitat suitable for establishing a new population) should be carefully selected on the basis of physical, biological, East Contra Costa County Habitat Conservation Plan Association Chapter 6 Conditions on Covered Activities East Contra Costa County HCP/NCCP 6-50 October 2006 J&S 01478.01 and logistical considerations (Fiedler and Laven 1996); some examples of these are listed below. „ Historic range of the species. „ Soil type. „ Soil moisture. „ Topographic position, including slope and aspect. „ Site hydrology. „ Mycorrhizal associates (this may be important for Mount Diablo manzanita). „ Presence or absence of typical associated plant species. „ Presence or absence of herbivores or plant competitors. „ Site accessibility for establishment, monitoring, and protection from trampling by cattle or trail users. Rationale For most rare plant species, transplanting efforts have a high failure rate in California (Howald 1996). Transplanting or seeding to establish new populations is a last resort where the loss of covered plant populations is unavoidable. For all species, transplanting and seeding serve as experimental techniques that constitute an additional mitigation measure beyond bringing existing populations of the species under protection within new preserves (Conservation Measure 1.1). Transplanting and seeding should be used when studies and test trials have shown that the effort has a reasonable chance for success and that the new population can provide a substantial benefit to the species as a whole. Chapter 6 Tables Table 6-1. Summary of Survey Requirements and Best Management Practices for Key Covered Wildlife Species Page 1 of 3 Requirements Land-Cover Type Specific Habitat Elements Species Planning Survey1 Preconstruction Survey Best Management Practices Construction Monitoring Grasslands, Oak Savanna, Agriculture None San Joaquin kit fox ƒ Identify and map potential habitat within modeled range in the inventory area ƒ Establish presence/absence ƒ Determine status and map all dens (>5 in. diameter) ƒ Monitor dens ƒ Destroy unoccupied dens ƒ Discourage use of occupied (non-natal) dens ƒ Establish exclusion zones (>50 ft) for potential and atypical dens ƒ Establish exclusion zones (>100 ft) for known dens ƒ Notify USFWS of any occupied natal dens Western burrowing owl ƒ Identify and map potential habitat ƒ Establish presence/absence (pellets, whitewash, prey remains) ƒ Determine status and map all burrows ƒ Document use of habitat (e.g., breeding, foraging) ƒ Avoid occupied nests during breeding season (Feb–Sep) ƒ Avoid occupied burrows during nonbreeding season (Sep–Feb) ƒ Install one-way doors in occupied burrow (if avoidance not possible) ƒ Monitor burrows with doors installed ƒ Establish buffer zones (250 ft) around nests ƒ Establish buffer zones (160 ft) around burrows Aquatic (ponds, wetlands, streams and marshes) ƒ Aquatic habitat accessible from San Joaquin River (including sloughs, irrigation and drainage canals, ponds, low-gradient streams) Giant garter snake ƒ Identify and map potential habitat ƒ Delineate aquatic habitat up to 200 ft from water’s edge on each side ƒ Document any occurrences ƒ Limit construction to Oct–May ƒ Dewater habitat April 15–Sep 30 prior to construction ƒ Minimize clearing for construction ƒ Delineate 200-ft buffer around potential habitat near construction ƒ Provide field report on monitoring efforts ƒ Stop construction activities if snake is encountered; allow snake to passively relocate ƒ Remove temporary fill or debris from construction site ƒ Construction personnel must participate in training Table 6-1. Continued Page 2 of 3Requirements Land-Cover Type Specific Habitat Elements Species Planning Survey1 Preconstruction Survey Best Management Practices Construction Monitoring ƒ Ponds and wetlands in grassland, oak savanna, oak woodland ƒ Vernal pools ƒ Reservoirs ƒ Small lakes California tiger salamander ƒ Identify and map potential breeding habitat ƒ Document habitat quality and features ƒ Provide IE with photo-documentation and report ƒ Provide written notification to FWS and DFG regarding timing of construction and likelihood of occurrence on site ƒ Allow agency staff to translocate species, if requested ƒ None ƒ Slow-moving streams, ponds, or marshes California red-legged frog ƒ Identify and map potential breeding habitat ƒ Document habitat quality and features ƒ Provide IE with photo-documentation and report ƒ Provide written notification to FWS and DFG regarding timing of construction and likelihood of occurrence on site ƒ Allow agency staff to translocate species, if requested ƒ None Seasonal Wetlands ƒ Vernal pools, ƒ Sandstone rock outcrops, or ƒ Sandstone depressions Covered shrimp ƒ Identify and map potential breeding habitat ƒ Establish presence/absence ƒ Document and evaluate use of all habitat features (e.g. vernal pools, rock outcrops) ƒ Establish a buffer near construction activities ƒ Prohibit incompatible activities ƒ Any filling of vernal pools (requires separate permit) must take place after pools are dry and sampling completed ƒ Collect and provide soils for storage by IE ƒ Establish buffer around outer edge of all hydric vegetation associated with habitat ƒ Buffer is 50 feet or the limit of the immediate watershed supporting the seasonal wetland, whichever is larger ƒ Construction personnel must participate in training Table 6-1. Continued Page 3 of 3Requirements Land-Cover Type Specific Habitat Elements Species Planning Survey1 Preconstruction Survey Best Management Practices Construction Monitoring Any ƒ Rock formations with caves, ƒ Mines, ƒ Buildings Townsend’s big-eared bat ƒ Map and document potential breeding/roosting habitat ƒ Establish presence/absence ƒ Determine if potential sites were recently occupied (guano) ƒ Seal hibernacula before November ƒ Seal nursery sites before April ƒ Delay construction near occupied sites until the hibernation or nursery seasons are over ƒ None ƒ Potential nest sites (trees within species range usually below 200 ft. in elevation) Swainson’s hawk ƒ Inspect large trees for presence/absence of nest sites ƒ Determine whether potential nests are occupied ƒ No construction within 1,000 feet of occupied nests within breeding season (March 15–Sep 15) ƒ If necessary, remove active nest tree after nesting season to prevent occupancy in second year ƒ Establish 1,000-foot buffer around active nest and monitoring compliance ƒ Potential nest sites (secluded cliffs with overhanging ledges; large trees) Golden eagle ƒ Document and map potential nests ƒ Establish presence/absence of nesting eagles ƒ No construction within ½ mile near active nests (most activity late January through August) ƒ Establish ½ mile buffer around active nest and monitor compliance 1 Changes to project design that result from planning survey information will help avoid impacts to covered species Table 6-2. Stream Setback Requirements for Streams within the Urban Development Area Page 1 of 3 Limitations On Exceptions To Setback Requirements That May Be Granted By Local Agencies Stream Reach Type and Location1 Buffer Objective/ Function (from Figure 5-11) Example Sites in Inventory Area Required Setback (from top of bank measured in aerial perspective2) Maximum Allowable Linear Impact to Streams3 (per project) Activities Eligible For Streams Impact Exception Maximum Allowable Area of Impact Within Setback4 (per project) Comments 1st and 2nd order5 ephemeral reaches in urban and agricultural areas N/A Multiple unnamed tributaries to intermittent and perennial reaches Avoidance and minimization measures for drainages must be documented but no setback is required No limitations3 Any activities No limitations4 These reaches are located in dense urban and intensive agricultural areas, and provide low habitat function for covered species. Avoidance and implementation of Conservation Measure 1.10 will minimize impacts to water quality and hydrologic functions. Concrete-lined channels Enhance water quality; retain restoration potential Reaches of Kirker Creek 20 ft No limitations3 Any activities No limitations4 These reaches are located in dense urban areas and provide low habitat function for covered species. A minimal buffer width will reduce sediment and nutrient inputs from surface flows, retain some potential for stream restoration, and provide for recreational opportunities. 1st and 2nd order5 ephemeral reaches in natural areas Erosion and nutrient control; Multiple unnamed tributaries to intermittent and perennial reaches 25 ft No limitations3 Any activities No limitations4 Although ephemeral streams play a limited role in providing habitat to covered species, these systems represent the first point of entry for sediment and other contaminants into downstream reaches. Thus, unlike the stream types below, the primary objective of the setback for ephemeral streams is to filter out sediment and contaminants before they degrade downstream habitat. Table 6-2. Continued Page 2 of 3 Limitations On Exceptions To Setback Requirements That May Be Granted By Local Agencies Stream Reach Type and Location1 Buffer Objective/ Function (from Figure 5-11) Example Sites in Inventory Area Required Setback (from top of bank measured in aerial perspective2) Maximum Allowable Linear Impact to Streams3 (per project) Activities Eligible For Streams Impact Exception Maximum Allowable Area of Impact Within Setback4 (per project) Comments Perennial, intermittent, or 3rd or higher order5 ephemeral streams in urban areas except Marsh Creek mainstem Enhance water quality; retain restoration potential Lower Willow Creek, Lower Kirker Creek 50 ft 300 feet 3 Necessary bridges and outfalls Up to 15% of setback area4 These reaches are located mostly in dense urban areas and provide low habitat function for covered species. However, potential may exist for restoration of riparian vegetation and minimal floodplain areas. In addition, a minimal buffer width will reduce sediment and nutrient inputs from surface flows and provide for recreational opportunities. Perennial, intermittent, or 3rd or higher order5 ephemeral streams in agricultural or natural areas and Marsh Creek mainstem Enhance water quality; retain restoration potential See examples below6 75 ft 300 feet 3 Necessary bridges and outfalls Up to 15% of setback area4 These reaches retain the greatest habitat value and potential for restoration within the Urban Development Area. The buffer will filter sediment and other contaminants, maintain habitat for covered species, allow for restoration of riparian vegetation and some small floodplain areas, as well as providing recreation opportunities. Table 6-2. Continued Page 3 of 3 Notes: 1 Location parameters (e.g., “agricultural areas”, “natural areas”, etc.) describe the setting of the stream at the time of completing this HCP/NCCP and refer to the fee zones and urban landcover shown in Figure 9-1. 2 Where native woody riparian vegetation is present, minimum setbacks must extend to the outer dripline of the riparian vegetation or the specified number of feet measured from top of bank, whichever is greatest. Riparian vegetation is defined broadly to include oaks and other woody species that function as riparian corridors. Setbacks must also meet minimum setback requirements of the applicable local land use agency. Contra Costa County has an ordinance regulating impacts near unimproved earthen channels. This Ordinance requires a “structure setback line” that varies between approximately 30 feet and 50 feet from top of bank depending on the height of top of bank above the channel invert (County Code Title 9, Division 914-14.012). 3 Mitigation is required for all impacts to streams, as described in Chapter 5. Restoration requirements are summarized in Tables 5-16, 5-17, and 9-5. Preservation requirements are summarized in Tables 5-5a and 5-5b and may be accomplished through payment of the development fee described in Section 9.3.1 or through provision of land in lieu of fees. 4 Restrictions will be measured as a percentage of the setback area excluding the area the of the stream channel. Impacts within setbacks must be mitigated through: a) payment of the development fee described in Section 9.3.1 over the entire property including the setback and the stream channel; and b) through payment of the riparian impact fee (see Table 9-5) for every acre of impact within the setback or through direct performance of riparian restoration at a 0.5 to 1 ratio on-site or off-site. 5 Stream order refers to the numeric identification of the links within a stream network. This document follows the stream ordering system of Strahler (1964). In this system, a first order stream is a stream with an identifiable bed and bank, without any tributary streams. A second order stream is formed by the confluence of two first order streams. A third order stream is formed by the confluence of two second order streams, and so on. Addition of a lesser order stream does not change the stream order of the trunk stream. 6 Perennial streams in agricultural or natural areas within the Inventory Area consist of the following: „ Mount Diablo Creek, Russelman Creek, Peacock Creek upstream of the Oakhurst Country Club property, and tributaries to Mount Diablo Creek within Mount Diablo State Park; „ Kellogg Creek in the Foothills/Upper Valley and Delta geomorphic zones; „ Brushy Creek in the Delta and Lower Valley/Plain geomorphic zones; „ Indian, Rock, Sand Mound, Dutch, Piper, and Taylor Sloughs, and False River (does not include reaches in concrete channels); and „ Sand Creek and Oil Canyon Creek in the Montane geomorphic zone. Table 6-3. Recommended Setbacks to Preserve Riparian and Stream Function (from studies throughout the United States) Function Citation Recommended Setback Corley et. al. 1999 >33 ft Nichols et. al. 1998 >60 ft Woodward and Rock 1995 >50 ft Desbonnet et. al. 1994 80 ft Peterson et. al. 1992 >33 ft Castelle et. al. 1992 >50 ft Schellinger and Clausen 1992 75 ft Welsch 1991 >85 ft Dillaha et. al. 1989 >30 ft Gilliam and Skaggs 1988 290 ft- 50% sediment deposition Budd et. al. 1987 50 ft Jacobs and Gilliam 1985 50 ft Lynch et. al. 1985 98 ft Erman et. al. 1983 98 ft Lowrance 1984 60-120 ft Moring 1982 98 ft Young et. al. 1980 80 ft Erman et. al. 1977 98 ft Karr and Scholosser 1977 75% removal 98-125 ft Broderson 1973 50-200 ft (one tree height) Sediment and Nutrient Reduction Wilson 1967 49 ft (silt), and 400 ft (clay) Removal of Fecal Coliform Johnson and Ryba 1992* 75-300 ft Lynch and Corbett 1990 100 ft Jones et. al. 1988 100-140 ft Lynch et. al. 1985 98 ft Steinblums et. al. 1984 75-125 ft for 60-80% shade Moderation of Stream Temperature/Microclimate Hewlet and Fortson 1982 50-100 ft Marcus 2002 4X bankfull width Brosofske et. al. 1997 >145 ft Chapel et. al. 1992 135-220 ft Physical Properties Channel Complexity Lynch et. al. 1985 65-100 ft Table 6-3. Continued Page 2 of 2 Function Citation Recommended Setback Ligon et. al. 1999 >150 ft USFS/BLM 1994 300 ft Salmonid Habitat Welsch 1991 >85ft Burbink et. al. 1998 >325 ft Semlitsch 1998 540 ft Buhlmann 1998 440 ft Reptile/Amphibian Habitat Rudolph and Dickson 1990 98 ft Miller et al 2003 RHJV 2000 Width of historic floodplain 250 ft Whitaker and Montevechi 1999 >160 ft Hagar 1999 >130 ft Kilgo et. al. 1998 >1600 ft Richardson and Miller 1997 >160 Mitchell 1996 >325 ft Hodges and Krementz 1996 >325 ft Bird Habitat/Diversity Spackman and Hughes 1995 450 ft for 90% of species diversity Mammal Habitat/Diversity Hilty in press (Conservation Biology) Dickson 1989 >1000 ft > 160 ft Plant Diversity Spackman and Hughes 1995 30-100 ft for 90% of species Levey et. al. 2002 >80 ft NH FSSWT 2000 100 ft, 300 ft, 600 ft by stream order Spence et. al. 1996 98-145 ft Johnson and Ryba 1992* > 98 ft Chapel et. al. 1992 160-650 ft Biological Properties General Riparian/Ecosystem Function Welsch 1991 >85ft *article does not present new data, but instead is a review of existing data Table 6-4. Regulatory Guidance on Stream Setbacks Page 1 of 2 Local Ordinances in Northern California Stream Setback upland/urban = 50 ft Russian River = 200 ft Sonoma County flatland/valleys = 100 ft coastal/rural = 100 ft Marin County urban = 50 ft 100 ft perennial streams Humbolt County 50 ft intermittent streams 50 ft no development zone on perennial streams Santa Cruz County 30 ft no development zone on intermittent streams Contra Costa County Development near Natural Creeks and Streams new urban development = 50 ft buildings = 30–50 ft (depending on site specific calculations) intensification of cattle grazing = 100 ft (as part of discretionary use permit) Santa Clara County (proposed) 150 ft on all streams draining watersheds ≥ 1mi2 (320 acres), unclear on smaller drainages Solano County HCP (proposed) Lead agency is proposing a minimum 100 ft setback from top of bank or edge of existing riparian vegetation, whichever is greater on all 3rd order or higher streams City of Palo Alto 100 ft buffer zone for any development other than single family residential City of Santa Cruz all watercourses = 100 ft Selected Setback Ordinances in Effect elsewhere in the U.S. Principal River 100–150 ft from MHW Large Streams - 100 ft from MHW Medium Stream - 70 ft from MHW Clackamas County, Oregon Small Stream - 50 ft from MHW Cobb County, Georgia 50–200 ft depending on the size of the watershed Large Streams w/ T&E species = 150 ft Other streams with T&E species = 125 ft Lane County, Oregon Fish-bearing streams w/o T&E = 50–100 ft Table 6-4. Continued Page 2 of 2 Local Ordinances in Northern California Stream Setback Sensitive Streams: Stream order 1 = 150 ft Stream order 2 = 250 ft Stream order 3 = 300 ft Lexana County, Kansas Restorable Streams: Stream order 1 = 125 ft Stream order 2 = 200 ft Stream order 3 = 250 ft Impacted Streams: Stream order 1 = 100 ft Stream order 2 = 150 ft Stream order 3 = 200 ft Kings County, Washington 115 ft - if property is inside urban growth area Watershed >300 sq.mi. =300 ft Watershed >20 sq. mi. = 100 ft Summit County, Ohio Watershed <.5 sq. mi.=30–75 ft Suwanne River, Florida 75–250 ft depending on soil type Generic Setbacks 100 ft minimum + slope variable 15–17%= +10 ft 18–20%= +30 ft 21–23%= +50 ft EPA Ideal 24–25%= +60 ft USFS, Northeastern Area Recommendations (Welsh 1991) 95 ft min (zone 1=15 ft; zone 2 min = 60; zone 3 min = 20 ft) Storm Water Center 100 ft to 150 ft min (zone 1 = 25 ft min, zone 2 = 50 ft to 100 ft, zone 3 = 25 ft min) Kondolf et. al. 1996 2 zones: inner zone is fixed, but based on veg. community type and energy; outer zone variable, but based on proximity to stream, hillside steepness, soil erodibility General purpose buffer – min. 15 ft from top of bank or normal water line NRCS To reduce excess amounts of sediment, organic matter, nutrients, pesticides – 2 zones: min 100 ft or 30% of the geomorphic flood plain whichever is less, but not less than 35 ft Oregon Forest Practices Act - Commercial Timber Harvesting on Private Forest Land 100 ft from fish bearing streams Table 6-5. No-Take Species (Extremely Rare Plants and Fully Protected Species) Common Name Status1 Scientific Name State Federal Rationale Plants Large-flowered fiddleneck Amsinckia grandiflora SE FE No natural populations occur in the inventory area; if one were discovered, it would be highly significant and should be preserved. Alkali milkvetch Astragalus tener ssp. tener 1B – Thought to be extirpated from Contra Costa County; suitable habitat may be present in the inventory area; if any populations are found, they would have to be preserved. Mount Diablo buckwheat Eriogonum truncatum 1A – Presumed extinct (USFWS 2002) but rediscovered in May 2005 in Mount Diablo State Park; if any populations were discovered in the inventory area, they would have to preserved. Diamond-petaled poppy Eschscholzia rhombipetala 1B – Known from only two populations in the world; not seen in the inventory area since 1889. Any populations found in the inventory area would be highly significant. Contra Costa goldfields Lasthenia conjugens 1B FE All known populations in inventory area have been extirpated; if new populations were discovered, they would have to be preserved. Critical habitat designated near Byron Airport (USFWS 2003). Caper-fruited tropidocarpum Tropidocarpum capparideum 1A – Presumed extinct; historic occurrences in the inventory area; if discovered, population would have to be preserved. Birds White-tailed Kite Elanus leucurus FP – No direct take of individuals is allowed because species is designated as fully protected under the Fish and Game Code. Peregrine Falcon Falco peregrinus FP – No direct take of individuals is allowed because species is designated as fully protected under the Fish and Game Code. Golden Eagle Aquila chrysaetos FP BGPA No direct take of individuals is allowed because species is designated as fully protected under the Fish and Game Code. Mammals Ringtail Bassariscus astutus FP No direct take of individuals is allowed because species is designated as fully protected under the Fish and Game Code. 1Status: Federal FE Federally Listed as Endangered FT Federally Listed as Threatened FSC Federal Species of Concern BGPA Bald Eagle and Golden Eagle Protection Act State SE State Listed as Endangered ST State Listed as Threatened CSC California Special Concern Species SR State Rare (plants) FP Fully Protected California Native Plant Society 1A Presumed Extinct 1B Rare or Endangered in California and Elsewhere Table 6-6. Conditions on Rural Road Projects Covered by the HCP/NCCPRoad Conservation MeasureBalfour Road Widening*Buchannan BypassKirker Pass WideningMarsh Creek Rd RealignmentSan Marco Road ExtensionVasco-Byron Hwy Connector (North of Byron Hot Springs)Vasco-Byron Hwy Connector (South of Byron Hot Springs)Vasco Road Widening Other Road Safety Improvements Subject to Design Bethel Island/Cypress Road WideningByron Hwy Northern ExtensionByron Highway WideningEBARTHighway 239 (Proposed)Marsh Creek Road/Walnut Blvd. WideningSR4 Widening to Disco BaySand Creek Rd./Sycamore Ave. Extension Other Road Safety Improvements Subject to Design Bridge Repair, Retrofit, ReplaceRoad Safety ImprovementsBicycle TrailsSiting RequirementsSite in least sensitive locationsRRRRR R R R R R RRRR R R R R N/AN/ARSite equipment storage away from sensitive areasRRRRR R R R R R RRRR R R R R R R RConduct project surveys well in advance of designRRRRR R R R R R RRRR R R R R R R RPlanning survey requirements apply to r-o-wayRRRRR R R R R R RRRR R R R R R R RWidlife Design Requirements Design requirements superceded by latest researchRRRRR R R R R R RRRR R R R R R R RCollect data on wildlife movement for at least 1 yr prior to designO R O R R R R R O N/A N/A R N/A R N/A N/A N/A O N/A N/A N/AUse bridges, viaducts, or causeways N/A O N/A P O P R R N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/AConstruct road undercrossings at freq. Intervals O P O P P P R R O N/A N/A O N/A P N/A N/A N/A O N/A N/A N/AInstall crossing facilities at known travel routes O P O P P P R R O N/A N/A O N/A P N/A N/A N/A O N/A N/A N/ALarge wildlife crossings every mile or less O P O P P P R R O N/A N/A O N/A P N/A N/A N/A O N/A N/A N/ASmall wildlife crossings every 1,000 feet or less O P O P P P R R O N/A N/A O N/A P N/A N/A N/A O N/A N/A N/AMinimum sizing for culverts O P O P P P R R O N/A N/A O N/A P N/A N/A N/A O N/A N/A N/AUse grating over tunnels/culverts for light penetration O P O P P P R R O N/A N/A O N/A P N/A N/A N/A O N/A N/A N/AFencing designs to maximize crossing use O P O P P P R R O N/A N/A O N/A P N/A N/A N/A O N/A N/A N/ADiscourage trails within 500 feet O P O P P P R R O N/A N/A O N/A P N/A N/A N/A O N/A N/A N/ARoad median designs for wildlife O P O P P P R R R N/A N/A R N/A R O O N/A R N/A O N/AConstruction ActionsBest management practicesRRRRR R R R R R RRRR R R R R R R RInstall monitoring boxes (cameras) O P O P P P R R O N/A N/A P N/A P N/A N/A N/A O N/A N/A N/APost-Construction ActionsControl roadside vegetation adj to preserves and OSRRRRR R R R R N/AN/AN/AN/AN/AN/AN/AN/AR N/AN/AN/ARevegetate cut/fill slopes with nativesRRRRR R R R R N/AN/AN/AN/AN/AN/AN/AN/AR R R RMonitor structures for wildlife use O P O P P P R R O N/A N/A P N/A P N/A N/A N/A O N/A N/A N/AKeyR = RequiredP = Possible (required unless data demonstrate measure would not benefit wildlife and CDFG and USFWS agree to omit)O = Optional (measure can be implemented at agency's discretion; if implemented, it will reduce mitigation fee; fee reduction determined case-by-case by Implementing Entity)N/A = Not applicable or not needed*Requirements apply only if Balfour Road is built under the Initial Urban Development AreaSmall ProjectsAg. Area ProjectsNatural Lands Projects Appendix D Resource Characterizations at High Priority Maintenance Sites San Pablo Creek at Giant Road Upstream Cross Street Downstream Cross Street Length Giant Road Downstream of railroad track 500 feet Contra Costa County Public Works – 2016 Maintenance Permitting 1 of 4 July 2018 WATERSHED: San Pablo Creek SUBBASIN: San Pablo Creek LOCATION: Near the intersection of Parr Boulevard and Giant Road in the City of San Pablo ADJACENT LAND USE: Horse stable and light commercial to the south; two railroad lines pass over the middle of the reach. UPSTREAM: Modified earthen channel REACH LENGTH: 500 feet AVERAGE TOP-OF-BANK WIDTH: 40 feet Photo 1. Looking upstream from the downstream most railroad crossing. Channel is mostly void of vegetation except for some invasive ivy hanging down over the wall (April 2016). REACH SETTING: The San Pablo Creek Watershed, one of the largest watersheds in the East Bay, encompasses 42.3 square miles in western Contra Costa County. Most of the upper watershed is undeveloped land managed by the East Bay Municipal Utilities District (EBMUD), including San Pablo Reservoir. Land use in the lower watershed is urbanized, residential, and commercial. The combined channel length within the watershed is approximately 109 miles, with 97 miles (89%) as unmodified (“natural”) channel, 9 miles (9%) as concrete, and 2 miles (2%) as earthen engineered channel. San Pablo Creek runs for 18 miles through western Contra Costa County. From its headwaters in Orinda, San Pablo Creek passes through protected EBMUD land and into San Pablo Reservoir. From there, it flows through rural and then heavily urbanized residential and commercial areas before ultimately reaching San Pablo Bay (Contra Costa County 2003). Photo 2. Looking upstream from the lower end of the maintenance reach, near the point at which the channel transitions to earthen channel. The railroad crossing is in the background (April 2016). PHYSICAL CONDITIONS Channel: 40-foot-wide concrete bed. Earthen channel upstream and downstream of maintenance reach. Ordinary high water is approximately 4 feet above bed. Bed sediments/texture: Predominately fine sediments with some fine sand. Deposition is most significant in the middle section of the reach, downstream of channel bend. Some sand was observed on the inside of the bend, mid-reach (Photo 1). Bank structure: Vertical concrete walls approximately 16 feet tall. Water quality: Water appeared clear with some algae growth (April 12, 2016). An increasing amount of trash was observed going downstream. Channel processes: Depositional reach. Cross- sectional area appears larger than the upstream and downstream reaches, and may be more gently San Pablo Creek at Giant Road 2 of 4 Contra Costa County Public Works – 2016 Maintenance Permitting July 2018 sloped, potentially causing widening/shallowing of flows and resulting lower velocities in this reach, despite the reduced roughness caused by the concrete walls. Figure 1. San Pablo Creek at Giant Road. BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: Fine-grained, soft sediments uniformly laid over concrete bed. Marginal habitat for aquatic species due to the shallow water depth and lack of instream complexity and rufugia. Instream habitat may occasionally be used for foraging small fishes, waterfowl, and wading birds. Vegetation Composition: Channel: Mostly free of vegetation. Dense algal growth in areas. Banks: Banks are vertical concrete walls. Some vegetation and trees are present along the top of banks. Many ruderal and non-native herbaceous vegetation grow along the top of banks and in concrete cracks. English ivy (Hedera helix) overhangs some of the walls (Photo 1). Some oaks (Quercus sp.) and willows (Salix sp.) growing beyond the top of bank, as well as on the banks of the earthen channel downstream of the maintenance reach. San Pablo Creek – Reach 3 Contra Costa County Public Works – 2016 Maintenance Permitting 3 of 4 July 2018 Potential for Sensitive Species: Common Name Scientific Name Distance to Known Occurrence (miles) Potential for Occurring Plants No plants of special concern near the maintenance reach. Wildlife Longfin Smelt Spirinchus thaleichthys 0.72 Not expected. Lacks suitable habitat for spawning or rearing. Juveniles or adults may occur during periods of high flows and wet years. Steelhead, Central California Coast ESU Oncorhynchus mykiss No specific occurrence site, but less than 1 mile Not expected. Potential habitat is located within San Pablo Creek downstream of the San Pablo Reservoir. However, a 6-foot passage barrier lacking jump pools on San Pablo Creek (near Grant Road) effectively prevents steelhead migration. There is no viable spawning habitat downstream of Giant Road. Hence, steelhead presence in San Pablo Creek is unlikely. Short-eared Owl Asio flammeus 1.09 None. Channel constructed of concrete in a high use urban area – lacks grassland and open areas preferred for nesting and foraging. California Black Rail Laterallus jamaicensis 0.78 None. Inhabit salt, brackish, or freshwater marshes – site lacks suitable habitat. San Pablo Song Sparrow Melospiza melodia samuelis No specific occurrence site, but less than 1 mile None. Inhabit salt or brackish marshes – site lacks suitable habitat. Ridgway’s Rail Rallus obsoletus 0.77 None. Inhabit salt or brackish marshes – site lacks suitable habitat. Alameda Whipsnake Masticophis lateralis euryxanthu No specific occurrence site, but less than 1 mile None. Channel constructed of concrete – lacks suitable habitat and cover. Surrounded by high use urban area. San Pablo Vole Microtus californicus 0.35 None. Channel constructed of concrete – lacks suitable habitat and cover. Salt-marsh Harvest Mouse Reithrodontomys raviventris 0.77 None. Inhabit salt or brackish marshes – site lacks suitable habitat. Salt-marsh Wandering Shrew Sorex vagrans halicoetes 0.76 None. Inhabit salt marshes – site lacks suitable habitat. Source: CDFW 2016; USFWS 2016. CHANNEL MAINTENANCE CONSIDERATIONS The primary maintenance issue in this reach is sediment deposition. Approximately 500 cubic yards of sediment has accumulated in the reach (above the six inches which remains in the channel determined from as-built designs) over the course of two years, since 2014. Given that the 2015-2016 winter season was a relatively rainy El Niño, San Pablo Creek at Giant Road 4 of 4 Contra Costa County Public Works – 2016 Maintenance Permitting July 2018 this volume of deposited sediment somewhat reflects the average or larger range of potential deposition in the maintenance reach. Regular maintenance includes sediment removal, flap-gate servicing, and caulking cracks in the concrete walls. Sediment removal at this reach is limited to high spots and patches. Due to the transition between natural channel and concrete channel, six inches of sediment is left to remain on the channel bed to mimic a natural condition. Work is done when channel is as dry as possible (August/September) and dewatering best management practices (BMPs) are employed at the small drop in the creek. An access ramp at the site allows workers and equipment (i.e., excavator) to access the channel. Photo 3. Looking upstream at the upper end of the maintenance section. Sediment deposition is minimal in this portion of the channel (April 2016). Photo 4. Looking upstream at the lower end of the maintenance section from the concrete access ramp. Vehicles can enter the ramp from Parr Boulevard (April 2016). REFERENCES California Department of Fish and Wildlife (CDFW). 2016. California Natural Diversity Database. Available: http://www.dfg.ca.gov/biogeodata/cnddb/. Contra Costa County. 2003. Contra Costa County Watershed Atlas. Prepared by Contra Costa County Community Development Department and Contra Costa County Public Works Department. Available: http://cocowaterweb.org/wp-content/uploads/Watershed-Atlas.pdf. U.S. Fish and Wildlife Service (USFWS). 2016. Critical Habitat Portal. Available: http://ecos.fws.gov/ecp/report/table/critical-habitat.html San Pablo Creek – Reach 1a Reach Upstream Cross Street Downstream Cross Street Length 1a Richmond Parkway ~200 feet downstream of road crossing just south of Parr Boulevard 1,780 feet Contra Costa County Public Works – Stream Maintenance Program 1 of 6 July 2018 WATERSHED: San Pablo SUBBASIN: San Pablo LOCATION: Richmond Parkway to approximately 200 feet downstream of an access road connecting Parr Boulevard to the West Contra Costa Sanitary Landfill to the west and West County Wastewater District’s (WCWD’s) wastewater treatment facility to the south. ADJACENT LAND USE: Surrounded by industrial use areas including the WCWD’s wastewater treatment facility to the south, Golden Bear Transfer Station to the north, and the West Contra Costa Sanitary Landfill to the west. UPSTREAM: Reach 1b LENGTH: 1,780 feet AVERAGE TOP-OF-BANK WIDTH: 200-220 feet Photo 1. Typical channel conditions looking downstream with Parr Boulevard on the horizon (August 2015). REACH SETTING: Reach 1a of San Pablo Creek is within the lower San Pablo Creek watershed, beginning downstream of Richmond Parkway and flowing west where it drains into San Francisco Bay (Figure 1). The reach is tidal with a flat, wide earthen channel supporting brackish wetland vegetation. The channel has been modified for flood control purposes and has a simple cross- sectional form with relatively uniform bed and banks. Trees near the top of the bank are dispersed intermittently throughout the reach. Much of the channel is wetted during high tide events. Photo 2. Looking upstream at the Richmond Parkway crossing. The channel supports tidal marsh vegetation. Recent goat grazing has reduced the upland, weedy vegetation along the banks (August 2015). PHYSICAL CONDITIONS Active channel: Reach 1a is characterized by a wide, shallow trapezoidal channel (Photos 1, 2, and 3). The channel alignment is relatively straight with some braiding nearing the road crossing near Parr Boulevard. The in-channel floodplain stretches from toe-of-bank to toe-of-bank, averaging 150 feet in width, with a slightly deeper low flow channel at 25-30 feet wide. The bed slope is very gradual. Bed sediments/texture: Bay mud and fine silts and sands. Bank structure: 6-8 feet high earthen banks, generally sloped at a ratio of 2:1 (Photos 1 and 2). Water quality: The channel is subject to a tidal regime with minimal upstream input during the summer months. During August 2015 site visits, water San Pablo Creek – Reach 1a 2 of 6 Contra Costa County Public Works – Stream Maintenance Program July 2018 quality appeared relatively high, but with some turbidity from suspended bay mud. Channel processes: This reach is within the estuary plain and subject to significant aggradation. The low flow channel resides at the toe of the left bank, where downstream flow and tidal action have resulted in some erosion and deepening of the low flow path (Photo 4). Sediment collects where the channel widens at the downstream face of the Richmond Parkway crossing and upstream of the road crossing near Parr Boulevard (Photos 5 and 6). Figure 1. Reach 1a of San Pablo Creek (in box) extending from Richmond Parkway, westward to approximately 200 feet downstream of the access road crossing that connects Parr Boulevard to the West Contra Costa Sanitary Landfill (west) and the WCWD Wastewater Treatment Facility (south). BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: In-channel habitat is tidal brackish marsh (Photos 1, 2, and 3). A deeper low-flow channel is well defined along the toe of the left bank. During high tide, water flows through many minor pathways and pools throughout the in-channel floodplain. Brackish marsh vegetation on the margins of the low-flow channel and high tide bench provide habitat and structure for juvenile fish and other aquatic species, typically found in the San Francisco and San Pablo bays. Vegetation Composition: Channel: Chairmaker’s bulrush (Schoenoplectus americanus) is dominant with pickleweed (Salicornia pacifica), salt grass (Distichlis spicata), and gumplant (Gindelia stricta) present (Photos 1 and 3). Banks: Understory: Mostly non-native weedy species, such as wild oat (Avena fatua), mustard (Brassica sp.), ripgut brome (Bromus diandrus), and cut leaf plantain (Plantago coronopus). San Pablo Creek – Reach 1a Contra Costa County Public Works – Stream Maintenance Program 3 of 6 July 2018 Overstory/Canopy: Native trees, predominantly California buckeye (Aesculus californica), coast live oak (Quercus agrifolia), and large coyote brush (Baccharis pilularis), line the top of the right (north) bank. Cottonwood (Populus fremontii), willow (Salix sp.), and coast live oak are established on the left (south) bank in much greater density. Recruitment is minimal, particularly on the left bank, but increases moving downstream. A mix of young willows and cottonwoods have begun to grow on in- channel sandbars near the access road crossing. Potential for Sensitive Species and Fish or Wildlife Observations: Common Name Scientific Name Potential for occurring Plants Johnny-nip Castilleja ambigua var. ambigua Possible. Potentially suitable habitat exists in this reach. Bolander's water- hemlock Cicuta maculata var. bolanderi Possible. Potentially suitable habitat exists in this reach. small spikerush Eleocharis parvula Possible. Potentially suitable habitat exists in this reach. soft salty bird's-beak Chloropyron molle ssp. molle (=Cordylanthus mollis ssp. mollis) Possible. Potentially suitable habitat exists in this reach. Marin knotweed Polygonum marinense Possible. Potentially suitable habitat exists in this reach. saline clover Trifolium hydrophilum Possible. Potentially suitable habitat exists in this reach. Fish Southern Green Sturgeon Acipenser medirostris Not expected. This species may be found in the brackish, lower reaches of San Pablo Creek. Habitat becomes less suitable moving upstream. White Sturgeon Acipenser transmontanus Not expected. This species may be found in the brackish, lower reaches of San Pablo Creek. Habitat becomes less suitable moving upstream. Sacramento Sucker Catostomus occidentalis occidentalis Present. This species has been observed in the lower reaches of San Pablo Creek (Leidy 2007). Coastrange Sculpin Cottus aleuticus Possible. This species may be found in the lower reaches of San Pablo Creek. Prickly Sculpin Cottus asper subspecies Possible. This species may be found in the lower reaches of San Pablo Creek. Pacific Lamprey Entosphenus tridentate Possible. This species may be found in the lower reaches of San Pablo Creek. Threespine Stickleback Gasterosteus aculeatus Present. This species has been observed in the lower reaches of San Pablo Creek (Leidy 2007). San Pablo Creek – Reach 1a 4 of 6 Contra Costa County Public Works – Stream Maintenance Program July 2018 Common Name Scientific Name Potential for occurring River Lamprey Lampetra ayersi Possible. This species may be found in the lower reaches of San Pablo Creek. California Roach Lavinia symmetricus Present. This species has been observed in the lower reaches of San Pablo Creek (Leidy 2007). Hardhead Mylopharodon conocephalus Not expected. This species presumed extinct in this watershed (Leidy 2007). Central Coast Coho Salmon Oncorhynchus kisutch Not expected. This species presumed extinct in this watershed (Leidy 2007). Steelhead - Central Valley DPS/ Central Coast DPS Oncorhynchus mykiss Present. San Pablo Creek supports reproducing steelhead (Becker et al. 2007). Coastal Rainbow Trout Oncorhynchus mykiss irideus Present. San Pablo Creek supports reproducing rainbow trout (Leidy 2007). Sacramento Blackfish Orthodon microlepidotus Possible. This species may be found in the lower reaches of San Pablo Creek. Sacramento Splittail Pogonichthys macrolepidotus Present. This species has been observed in the lower reaches of San Pablo Creek (Leidy 2007). Sacramento Pikeminnow Ptychocheilus grandis Present. This species has been observed in the lower reaches of San Pablo Creek (Leidy 2007). Wildlife Short-eared Owl Asio flammeus Not expected. Northern Harrier Circus cyaneus Present. White-tailed Kite Elanus leucurus Present. American Peregrine Falcon Falco peregrinus anatum Possible. Potentially suitable habitat exists in this reach. Saltmarsh Common Yellowthroat Geothlypis trichas sinuosa Possible. California Black Rail Laterallus jamaicensis coturniculus Possible. San Pablo Song Sparrow Melospiza melodia samuelis Present. San Pablo vole Microtus californicus sanpabloensis Possible. Potentially suitable habitat exists in this reach. Ridgeway's Rail Rallus longirostris obsoletus Possible. Potentially suitable habitat exists in this reach. San Pablo Creek – Reach 1a Contra Costa County Public Works – Stream Maintenance Program 5 of 6 July 2018 Common Name Scientific Name Potential for occurring salt-marsh harvest mouse Reithrodontomys raviventris Possible. Potentially suitable habitat exists in this reach. salt-marsh wandering shrew Sorex vagrans halicoetes Possible. Potentially suitable habitat exists in this reach. For more detailed discussion on sensitive species, see Chapter 4 of the Manual. MAINTENANCE CONSIDERATIONS AND MANAGEMENT OPPORTUNITIES Relatively minor streambank erosion was observed in several locations where the low-flow channel interacts with the toe of the left bank (Photo 4). The erosion does not warrant direct treatment but should continue to be monitored. Beneath Richmond Parkway, sediment has aggraded in the high-flow channels or the concrete box culverts in the center and right (north side) (Photo 5). A sediment plug has developed beyond the downstream face of the bridge crossing. Accumulated sediment within the concrete box culverts has reduced the creek’s channel conveyance capacity. The sediment deposition observed at this location is a result of Reach 1a’s very gentle slope, low energy environment, and the expansion of the channel immediately downstream of the Richmond Parkway crossing. To prevent flooding of Richmond Parkway during a storm event, periodic sediment removal may be necessary. The County routinely reduces bank vegetation with the grazing of goats (Photo 2, foreground). Given the relatively wide channel dimensions and small surface area of the banks, increased vegetative growth would not substantially increase roughness along the banks such that channel conveyance would be adversely affected. Although a more ecologically supportive alternative to pesticide use or gasoline powered methods, a reduction in the frequency of grazing in this reach may be considered. The County also routinely conducts manual and mechanized mowing outside of the channel from the UPRR tracks downstream to Parr Boulevard. Additionally, the County may consider more extensive planting of native trees along both banks to limit the growth of some weedy species. Photo 3. Looking downstream, the Reach supports distinct ecotones from brackish marsh (photo left) to upland vegetation (photo right). Note how slight changes in elevation above the low flow elevation influence the vegetation (August 2015). Photo 4. Erosion at the margins of the low flow channel and the toe of the left bank (August 2015). San Pablo Creek – Reach 1a 6 of 6 Contra Costa County Public Works – Stream Maintenance Program July 2018 Photo 5. Looking upstream at the Richmond Parkway crossing. The low flow channel is open (indicated by the arrow) but sediment has accumulated in both high flow culverts (left and center culverts in the photo) and begun to create a plug downstream of the bridge face (August 2015). Photo 6. Looking upstream at Richmond Parkway crossing and the reduced capacity of the center box culvert. (August 2015). San Pablo Creek – Reach 1b Reach No. Upstream Cross Street Downstream Cross Street Length 1b ~1,050 downstream of Giant Road Richmond Parkway 4,145 feet Contra Costa County Public Works – Stream Maintenance Program 1 of 6 July 2018 WATERSHED: San Pablo SUBBASIN: San Pablo LOCATION: From the railway crossing (approximately 1,050 feet downstream of Giant Road) to Richmond Parkway ADJACENT LAND USE: Heavy industrial area including: recycled aggregate company; metal scrap yard and recycling company; commercial nursery; school bus depot; WCWD Wastewater Treatment Facility. UPSTREAM: Reach 1c LENGTH: 4,145 feet AVERAGE TOP-OF-BANK WIDTH: 160-180 feet from Giant Road to Fred Jackson Way; 215-230 feet from Fred Jackson Way to Richmond Parkway (Figure 1). Photo 1. Typical Reach 1b conditions facing downstream. Thick willow cover on the left bank and near the creek; weedy, non-native vegetation on the right bank. Grazing of the right bank recently occurred (August 2015). REACH SETTING: Reach 1b of San Pablo Creek is an engineered earthen, channel with dense riparian vegetation on the left bank, a well-defined low flow channel along the toe of the left bank, and a gradually sloped wide right bank (Photos 1 and 2). Growth of trees and dense herbaceous species have been suppressed along the right bank. The bank-full width of the reach is relatively wide, but is constricted at the Fred Jackson Way crossing (Figure 1). Photo 2. At a small, grouted RSP drop structure in the channel upstream of Fred Jackson Way. Note the dense vegetative cover on the left bank, a well-defined low flow channel, and a gradually sloped, recently grazed right bank (August 2015). PHYSICAL CONDITIONS Active channel: The channel is an engineered earthen, trapezoidal design. Upstream of Fred Jackson Way (Photo 4), the active channel is approximately 50 feet wide, expanding to 70-90 feet downstream of the crossing. The channel bed is approximately 10 feet beneath the top of banks. Bed sediments/texture: Silty sand with large rock placed near the road crossings. Bank structure: The left bank is fairly steep with a 1.5:1 slope. The right bank has a wider setback and gentler slope at an approximate 3:1 ratio (Photo 1). Water quality: The channel experiences muted tidal influence during high-high tides up to approximately 1,300 feet upstream of Richmond Parkway (Photo 3). During a site visit in August 2015, water appeared clear through most of the reach, with the exception of deeper, slower moving San Pablo Creek – Reach 1b 2 of 6 Contra Costa County Public Works – Stream Maintenance Program July 2018 pools and areas where tidally influenced. A fair amount of trash and debris was observed in the upstream portions of the reach near the transition with Reach 1c (Photos 5 and 6). Channel processes: This reach appears to be slightly incising. No braiding or depositional areas or bars are prevalent. Some erosion and deepening of the low flow channel is occurring due to downstream flow, especially in the upstream portions of the reach. Historically, the channel contained several sizable bends upstream of Fred Jackson Way near what is now the school bus depot. This straightening of the channel potentially increased flow velocities through the reach and resulted in some of the current downcutting. A minor grade control structure with grouted RSP banks and channel occurs approximately 375 feet upstream of Fred Jackson Way (Photo 2). Figure 1. Reach 1b of San Pablo Creek (see box) between Giant Road and Richmond Parkway, south of Parr Boulevard. San Pablo Creek – Reach 1b Contra Costa County Public Works – Stream Maintenance Program 3 of 6 July 2018 BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: The downstream portion of Reach 1b supports brackish marsh with dense willow canopy over the left side of the channel and bank. The overhanging willows provide shade and cover for juvenile fish and other aquatic species. Moving upstream, the habitat community transitions to riparian woodland and canopy cover increases while stream depth decreases. Some deeper pools are interspersed throughout the reach capable of supporting larger fish and other aquatic species. A mixed substrate of varying materials and size throughout the reach increases habitat complexity. Vegetation Composition: Channel: Floating water primrose (Ludwigia peploides), knotgrass (Paspalum distichum), cattail (Typha sp.), and hardstem bulrush (Schoenoplectus acutus) are common in the wetted channel. As the channel transitions from riparian vegetation to brackish marsh in the lower portion of the reach, chairmaker’s bulrush (Schoenoplectus americanus) is dominant with pickleweed (Salicornia pacifica), salt grass (Distichlis spicata), and gumplant (Gindelia stricta) present, Banks: Understory: English ivy (Hedera helix) and Himalayan blackberry (Rubus armeniacus) are dominant on the left bank. The right bank supports more non-native, weedy species. Near the channel, Himalayan blackberry, fennel (Foeniculum vulgare), and stinging nettle (Urtica dioica) are dominate with wild oat (Avena fatua), Harding grass (Phalaris aquatic), ripgut brome (Bromus diandrus), and mustard (Brassica sp.) becoming more dominate moving higher up the bank. Coyote brush (Baccharis pilularis), blue elderberry (Sambucus nigra ssp. caerulea), and salt marsh baccharis (Baccharis glutinosa) are present downstream of Fred Jackson Way. Overstory/Canopy: Willow and cottonwood are co-dominant throughout the reach and form a dense canopy cover over most of the left bank and channel. Black walnut (Juglans sp.) and coast live oak (Quercus agrifolia) are also present. Willow (Salix sp.) and cottonwood (Populus fremontii) recruitment is high in many areas on the left bank with numerous first and second season seedlings. Potential for Sensitive Species and Fish or Wildlife Observations: Common Name Scientific Name Potential for occurring Plants Bolander's water- hemlock Cicuta maculata var. bolanderi Possible. Potentially suitable habitat exists in this reach. small spikerush Eleocharis parvula Possible. Potentially suitable habitat exists in this reach. soft salty bird's-beak Chloropyron molle ssp. molle (=Cordylanthus mollis ssp. mollis) Possible. Potentially suitable habitat exists in this reach. Marin knotweed Polygonum marinense Possible. Potentially suitable habitat exists in this reach. saline clover Trifolium hydrophilum Possible. Potentially suitable habitat exists in this reach. Fish San Pablo Creek – Reach 1b 4 of 6 Contra Costa County Public Works – Stream Maintenance Program July 2018 Common Name Scientific Name Potential for occurring Sacramento Sucker Catostomus occidentalis occidentalis Present. This species has been observed in the lower reaches of San Pablo Creek (Leidy 2007). Coastrange Sculpin Cottus aleuticus Possible. This species may be found in the lower reaches of San Pablo Creek. Prickly Sculpin Cottus asper subspecies Possible. This species may be found in the lower reaches of San Pablo Creek. Pacific Lamprey Entosphenus tridentate Possible. This species may be found in the lower reaches of San Pablo Creek. Threespine Stickleback Gasterosteus aculeatus Possible. This species may be found in the lower reaches of San Pablo Creek. River Lamprey Lampetra ayersi Possible. This species may be found in the lower reaches of San Pablo Creek. California Roach Lavinia symmetricus Possible. This species may be found in the lower reaches of San Pablo Creek. Hardhead Mylopharodon conocephalus Not expected. This species presumed extinct in this watershed (Leidy 2007). Central Coast Coho Salmon Oncorhynchus kisutch Not expected. This species presumed extinct in this watershed (Leidy 2007). Steelhead - Central Valley DPS/ Central Coast DPS Oncorhynchus mykiss Present. San Pablo Creek supports reproducing steelhead (Becker et al. 2007). Coastal Rainbow Trout Oncorhynchus mykiss irideus Present. San Pablo Creek supports reproducing rainbow trout (Leidy 2007). Sacramento Blackfish Orthodon microlepidotus Possible. This species may be found in the lower reaches of San Pablo Creek. Sacramento Splittail Pogonichthys macrolepidotus Not expected. This species has been observed in the lower reaches of San Pablo Creek (Leidy 2007). Marginal habitat is present in Reach 1b. Sacramento Pikeminnow Ptychocheilus grandis Possible. This species may be found in the lower reaches of San Pablo Creek. Wildlife Short-eared Owl Asio flammeus Not expected. Marginally suitable habitat exists in this reach. No sightings of this species have been reported in the area (ebird 2016). Northern Harrier Circus cyaneus Possible. Potentially suitable habitat and foraging area exists in this reach. This species has been observed frequently downstream and at the WCWD Wastewater Treatment Facility (ebird 2016). San Pablo Creek – Reach 1b Contra Costa County Public Works – Stream Maintenance Program 5 of 6 July 2018 Common Name Scientific Name Potential for occurring White-tailed Kite Elanus leucurus Possible. Potentially suitable habitat and foraging area exists in this reach. This species has been observed frequently downstream and at the WCWD Wastewater Treatment Facility (ebird 2016). American Peregrine Falcon Falco peregrinus anatum Not expected. Marginally suitable habitat exists in this reach. However, this species has been observed downstream and at the WCWD Wastewater Treatment Facility (ebird 2016). California Black Rail Laterallus jamaicensis coturniculus Not expected. Salt marsh vegetation is limited. Marginally suitable habitat exists in this lower portion of the reach. Frequent disturbance and vegetation control of the left bank for fire and safety purposes further limit the potential for this species. San Pablo Song Sparrow Melospiza melodia samuelis Possible. Potentially suitable habitat exists in this reach. This species has been observed frequently downstream and at the WCWD Wastewater Treatment Facility (ebird 2016). San Pablo vole Microtus californicus sanpabloensis Possible. Potentially suitable habitat exists in this reach. This species is known to exist near the creek mouth at San Pablo Bay. salt-marsh wandering shrew Sorex vagrans halicoetes Not expected. Salt marsh vegetation is limited. Marginally suitable habitat exists in this lower portion of the reach. This species is known to exist near the creek mouth at San Pablo Bay. For more detailed discussion on sensitive species, see Chapter 4 of the Manual. MAINTENANCE CONSIDERATIONS AND MANAGEMENT OPPORTUNITIES Downcutting of the low flow channel is prevalent upstream of Fred Jackson Way. Many sections showed a near vertical drop of 1-2 feet at the toe of low flow channel (Photo 5). The downcutting may have been a byproduct of the straightening out of the channel in late 1980s-early 1990’s with the channel reaching an equilibrium under normal flow conditions. The erosion does not necessarily warrant direct treatment but should be monitored.. A significant volume of trash and debris was observed in the upstream portions of the reach (Photos 5 and 6). Woody debris and fallen willows across the channel catch much of the litter washed down from Giant Road and Reach 1c. The Regional Water Quality Control Board (RWQCB) Clean Water Act (CWA) Section 303(d) List identifies trash as a pollutant of an impairment for San Pablo Creek (USEPA 2011). Periodic trash removal would benefit the water quality of the creek and San Francisco Bay, as well as the health of the associated riparian habitat community. Due to the high density of non-native invasive species throughout the banks of Reach 1b, the County routinely utilizes grazing from goats to reduce vegetation (right bank in Photo 1). This method is more environmentally sound than herbicide use or mechanical mowing. Planting of trees and development of the overstory on the right bank may potentially reduce many of the invasive species. Long-term management approaches might focus on the replacement of English ivy and Himalayan blackberry with a more diverse variety of native herbaceous species. San Pablo Creek – Reach 1b 6 of 6 Contra Costa County Public Works – Stream Maintenance Program July 2018 Photo 3. Looking downstream – near Richmond Parkway, the creek is at the upper limit of tidal action. Moving upstream, in-channel vegetation shifts from brackish marsh hydrophytes to freshwater riparian species as the salinity of the water decreases (August 2015). Photo 4. The downstream face of the Fred Jackson Way crossing. Although the top-of-bank to top-of-bank width is constricted due to the bridge, sediment does not appear to be accumulating near the crossing and instream vegetation remains minimal (August 2015). Photo 5. Steep cut banks of the low flow channel. Much of the upstream portions of the reach show some level of erosion and/or deepening of the channel. Some debris accumulation has occurred. (August 2015). Photo 6. Trash washed downstream from Reach 3 entangled in willow branches (August 2015). San Pablo Creek – Reach 1c Reach Upstream Cross Street Downstream Cross Street Length 1c ~70 feet upstream of Giant Road ~1,050 feet downstream of Giant Road 1,113 feet Contra Costa County Public Works – Stream Maintenance Program 1 of 5 Ju;y 2018 WATERSHED: San Pablo SUBBASIN: San Pablo LOCATION: Approximately 70 feet upstream of Giant Road to 1,050 feet downstream of Giant Road ADJACENT LAND USE: Single family residential to the north; light industrial uses to the south. The reach is bisected by two active railroad tracks. UPSTREAM: Modified earthen channel LENGTH: 1,113 feet AVERAGE TOP-OF-BANK WIDTH: 40 feet Photo 1. Small amount of sediment deposition through the mid-reach channel bend. English ivy covers the left bank wall and catches trash at the toe of the wall (August 2015). REACH SETTING: Reach 1c of San Pablo Creek flows west through an engineered concrete box channel (Figure 1). The concrete bed and tall, vertical concrete walls do not allow for much vegetation growth. However, the reach is gently sloped and a small to moderate amount of sediment deposition within the channel has enabled the growth of some instream vegetation. Light industrial areas and single family residences border the reach, with two sets of active railroad crossings and the Giant Road bridge spanning the channel. Photo 2. The gradual slope results in stagnant water and emergent vegetative growth. Thicker sediment deposits allow for the establishment of cattails (August 2015). PHYSICAL CONDITIONS Active channel: U.S. Army Corps of Engineers (USACE) constructed the 40-foot wide concrete box channel. Ordinary high water mark is approximately 4 feet above the concrete bed. Earthen channels are located upstream and downstream of this reach. Bed sediments/texture: Fine silts and sands. Courser sand found on the inside of the mid-reach bend (Photo 1) Bank structure: Vertical concrete walls approximately 16 feet high (Photos 1 through 4) Water quality: Water appeared murky with substantial algae growth (August 29, 2015). Large amounts of trash and debris were observed below the Giant Road crossing (Photo 3), with scattered debris downstream. Channel processes: This is a depositional reach. Cross sectional area appears larger than upstream and downstream reaches and may be more gently sloped. This potentially causes widening/shallowing of flows and results in lower velocities, despite the reduced roughness caused by the concrete bed and walls. San Pablo Creek – Reach 1c 2 of 5 Contra Costa County Public Works – Stream Maintenance Program Ju;y 2018 Figure 1. Reach 1c of San Pablo Creek (see box) extending downstream of Giant Road, south of Parr Boulevard. BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: Marginal habitat for aquatic species due to the shallow water depth and lack of instream complexity and rufugia. Fine-grained, soft sediments over the concrete bed, supporting some aquatic vegetation offer limited conditions for benthic organisms. Vegetation Composition: Channel: Watercress (Nasturtium officinale) is dominant throughout the reach. Filamentous algae forms thick mats in some areas. Cattail (Typha sp.) and water smartweed (Persicaria sp.) are present (Photos 2 and 4). Banks: Understory: English ivy (Hedera helix) overhang some of the walls (Photo 1). Overstory/Canopy: Trees are largely absent from this reach. A small mix of native and non-native species grown in the upper portion of the reach outside of the top of bank. San Pablo Creek – Reach 1c Contra Costa County Public Works – Stream Maintenance Program 3 of 5 Ju;y 2018 Potential for Sensitive Species and Fish or Wildlife Observations: Common Name Scientific Name Potential for occurring Plants Sensitive plant species are not expected in this reach. Fish Sacramento Sucker Catostomus occidentalis occidentalis Possible. San Pablo Creek supports reproducing rainbow trout (Leidy 2007). Potential habitat in Reach 1c is marginal. Coastrange Sculpin Cottus aleuticus Not expected. This species has been observed in the lower reaches of San Pablo Creek (Leidy 2007). Marginal habitat is present in Reach 1c. Prickly Sculpin Cottus asper subspecies Not expected. This species has been observed in the lower reaches of San Pablo Creek (Leidy 2007). Marginal habitat is present in Reach 1c. Pacific Lamprey Entosphenus tridentate Not expected. This species has been observed in the lower reaches of San Pablo Creek (Leidy 2007). Marginal habitat is present in Reach 1c. Threespine Stickleback Gasterosteus aculeatus Not expected. This species has been observed in the lower reaches of San Pablo Creek (Leidy 2007). Marginal habitat is present in Reach 1c. River Lamprey Lampetra ayersi Not expected. This species has been observed in the lower reaches of San Pablo Creek (Leidy 2007). Marginal habitat is present in Reach 1c. California Roach Lavinia symmetricus Possible. This species may be found in the lower reaches of San Pablo Creek. Hardhead Mylopharodon conocephalus Not expected. This species presumed extinct in this watershed (Leidy 2007). Central Coast Coho Salmon Oncorhynchus kisutch Not expected. This species presumed extinct in this watershed (Leidy 2007). Steelhead - Central Valley DPS/ Central Coast DPS Oncorhynchus mykiss Possible. San Pablo Creek supports reproducing rainbow trout (Leidy 2007). Potential habitat in Reach 1c is marginal. Coastal Rainbow Trout Oncorhynchus mykiss irideus Possible. San Pablo Creek supports reproducing rainbow trout (Leidy 2007). Potential habitat in Reach 1c is marginal. Sacramento Blackfish Orthodon microlepidotus Not expected. This species has been observed in the lower reaches of San Pablo Creek (Leidy 2007). Marginal habitat is present in Reach 1c. San Pablo Creek – Reach 1c 4 of 5 Contra Costa County Public Works – Stream Maintenance Program Ju;y 2018 Common Name Scientific Name Potential for occurring Sacramento Splittail Pogonichthys macrolepidotus Not expected. This species has been observed in the lower reaches of San Pablo Creek (Leidy 2007). Marginal habitat is present in Reach 1c. Sacramento Pikeminnow Ptychocheilus grandis Not expected. This species has been observed in the lower reaches of San Pablo Creek (Leidy 2007). Marginal habitat is present in Reach 1c. For more detailed discussion on sensitive species, see Chapter 4 of the Manual. MAINTENANCE CONSIDERATIONS AND MANAGEMENT OPPORTUNITIES Sediment deposition is the primary maintenance issue within Reach 1c. Maintenance considerations include removal of high sandbars and accumulated sediment on an annual basis. In-channel activities would typically be carried out in August/September when water levels in the channel are at their lowest. If dewatering is necessary, a diversion can be constructed at the small drop structure near the upstream boundary of Reach 1c (Photo 5). Maintenance crews can access the channel via a ramp located on the downstream end of the reach stemming off of Parr Boulevard (Photo 6). Other routine maintenance activities may include flap-gate servicing and caulking cracks on the concrete walls. The drier weather and mild winters of 2013-2014 and 2014-2015 resulted in a reduced volume of deposited sediment within the channel. Most observed instream emergent vegetation would be flushed downstream during high flow events. Any instream vegetation removal should focus on sandbars where cattails have taken root. Reach 1c has a very significant volume of trash and debris (Photos 1 and 3). The Regional Water Quality Control Board (RWQCB) Clean Water Act (CWA) Section 303(d) List identifies San Pablo Creek as trash-impaired (USEPA 2011). Trash, discarded waste, and any large woody debris should be removed on an annual basis prior to the first storm event to prevent litter from being carried downstream or to San Francisco Bay. San Pablo Creek – Reach 1c Contra Costa County Public Works – Stream Maintenance Program 5 of 5 Ju;y 2018 Photo 3. Near the upstream end of the Reach 1c. Trash and debris litters the channel below the Giant Road crossing (August 2015). Photo 4. Transition from concrete to earthen channel at the downstream end of the reach (August 2015). Photo 5. Upstream boundary of Reach 1c and transition from earthen to concrete channel (August 2015). Photo 6. Channel access ramp at the transition between Reach 1b and Reach 1c (August 2015). Wildcat Creek – Reach 1 Reach No. Upstream Cross Street Downstream Cross Street Length 1 ~760 feet downstream of Richmond Parkway Confluence of large NN tributary 4,200 feet Contra Costa County Public Works – Stream Maintenance Program 1 of 4 December 2015 WATERSHED: Wildcat Creek SUBBASIN: Wildcat Creek LOCATION: Downstream of Richmond Parkway to outfall into Wildcat Marsh ADJACENT LAND USE: Open space immediately to the northwest and west. Heavy industrial uses in the vicinity include: WCWD wastewater treatment plant, auto wrecking and salvage yards, and other industrial uses. UPSTREAM: Reach 2 LENGTH: 4,200 feet AVERAGE TOP-OF-BANK WIDTH: 130-160 feet Photo 1. Typical channel conditions looking downstream towards the marsh and Baylands. The trees in the distance line the end of the East Bay Regional Parks District (EBRPD) Wildcat Creek trail. Beyond the trees, the hills on the left side are Point Richmond; the West Contra Costa Sanitary Landfill is to the right (August 2015). REACH SETTING: Reach 1 of Wildcat Creek is within an estuary plain and is a tidal zone. The reach begins downstream of a grade control structure of grouted rock and continues westward as the creek flows through Wildcat Marsh (Figure 1). The creek drains into San Francisco Bay approximately 3,800 feet beyond the end of Reach 1. This reach is enveloped by brackish marsh wetland and is very flat with only subtle changes in elevation. Photo 2. Looking upstream at the low flow channel. This photo was taken at low tide, leaving the lower part of the banks exposed (August 2015). PHYSICAL CONDITIONS Active channel: The floodplain is relatively wide at 90-110 feet with an active channel approximately 20-25 feet wide. This wide channel allows for creek movement and dispersed flows during high tide and storm events. Throughout most of the reach, the actual top-of-banks are difficult to identify with only 1-3 feet difference between the low flow channel (Photos 1, 2, and 3). The bed slope is very gradual. The creek becomes braided with instream sediment bars as it approaches the end of the reach and unnamed tributary. Bed sediments/texture: Bay mud and fine silts and sands Bank structure: With only slight variations in elevation, defined banks are subtle (Photos 1 and 2). Daily tidal action has created a well-defined low flow channel 1-2 feet deep. Water quality: The channel is subject to a tidal regime with minimal upstream input during the summer months. During site visits (August 2015), water quality appeared turbid with suspended bay mud. Wildcat Creek – Reach 1 2 of 6 Contra Costa County Public Works – Stream Maintenance Program December 2015 Channel processes: The channel has been modified for flood control purposes to convey flow for 100- year flood events, but designed in a way to allow for meandering of the low flow channel through the right-of-way. This relatively wide design allows the creek to function naturally as would typically occur with an estuary plain. Figure 1. Reach 1 of Wildcat Creek downstream from Richmond Parkway. Most of the surrounding land use is open space/marsh. Photo 3. A panoramic view of Reach 1. The area adjacent to the active channel is very flat. The pathway of green vegetation (center-right) reveals the outfall of an underground culvert that daylights and drains into Wildcat Creek in this reach (August 2015). Wildcat Creek – Reach 1 Contra Costa County Public Works – Stream Maintenance Program 3 of 6 December 2015 BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: The well-defined main channel and adjacent floodplain provide high quality brackish marsh habitat. Some areas maintain a network of smaller pathways and pools created during inundation periods of high tide, especially in the lower portion of Reach 1. Aquatic species would be typical of those associated with San Francisco and San Pedro Bays. Vegetation Composition: Channel: Pickleweed (Salicornia pacifica), salt grass (Distichlis spicata), gumplant (Gindelia stricta), Chairmaker’s bulrush (Schoenoplectus americanus), and hardstem bulrush (Schoenoplectus acutus) are abundant near the low flow channel (Photos 1, 2, and 5). Banks: Understory: Non-natives are dominant in the upper banks and higher elevations, including wild oat (Avena fatua), Harding grass (Phalaris aquatic), and milk thistle (Silybum marianum). Moving closer to the channel, native salt marsh baccharis (Baccharis glutinosa) and coyote brush (Baccharis pilularis) are present. Overstory/Canopy: Although woody vegetation is largely absent from the main channel, as typical of a brackish marsh, scattered tree species grow on the outer fringes of the channel. The left (south) bank is more densely vegetated than the right (north), with cottonwood (Populus fremontii) as the dominant tree species. Larger coyote brush, willow (Salix sp.), California buckeye (Aesculus californica), and coast live oak (Quercus agrifolia) are also present and create a fairly dense canopy. In general, the left bank also supports more mature tree species with higher recruitment. Vegetation Composition: Channel: Where instream vegetation is present, cattail (Typha sp.) and knotgrass (Paspalum distichum) are the dominant species. Curly dock (Rumex crispus), tall flatsedge (Cyperus eragrostis), watercress (Nasturtium officinale), and hardstem bulrush (Schoenoplectus acutus) were present, along with some ruderal species extending down from the bank. Banks: Understory: Vegetation on both banks is dominated by a mix of non-native grasses, such as Italian rye grass (Festuca perennis), wild oat (Avena fatua), and ripgut brome (Bromus diandrus). Other weedy species included English ivy (Hedera helix), wild radish (Raphanus sativus), Italian thistle (Carduus pycnocephalus), Himalayan blackberry (Rubus armeniacus), poison hemlock (Conium maculatum), fennel (Foeniculum vulgar), common sow thistle (Sonchus oleraceus), bristly ox- tongue (Helminthotheca echioides), and horseweed (Erigeron canadensis). Overstory/Canopy: Canopy cover is very low in Reach 1, with the exception of a large eucalyptus (Eucalyptus sp.) growing on the right bank near Tara Hills Drive. A small number of other trees (willow [Salix sp.], walnut [Juglans sp.], and exotics) were observed in the backyards of adjacent residences near Tara Hills Drive. Potential for Sensitive Species and Fish or Wildlife Observations: Common Name Scientific Name Potential for occurring Plants Castilleja ambigua var. ambigua Johnny-nip Possible. Potentially suitable habitat exists in this reach. Cicuta maculata var. bolanderi Bolander's water- hemlock Possible. Potentially suitable habitat exists in this reach. Wildcat Creek – Reach 1 4 of 6 Contra Costa County Public Works – Stream Maintenance Program December 2015 Common Name Scientific Name Potential for occurring Eleocharis parvula small spikerush Possible. Potentially suitable habitat exists in this reach. Chloropyron molle ssp. molle (=Cordylanthus mollis ssp. mollis) soft salty bird's-beak Possible. Potentially suitable habitat exists in this reach. Polygonum marinense Marin knotweed Possible. Potentially suitable habitat exists in this reach. Trifolium hydrophilum saline clover Possible. Potentially suitable habitat exists in this reach. Fish Acipenser medirostris Southern Green Sturgeon Possible. This species may be found in the lower reaches of Wildcat Creek. Acipenser transmontanus White Sturgeon Possible. This species may be found in the lower reaches of Wildcat Creek. Catostomus occidentalis occidentalis Sacramento Sucker Present. This species has been observed in the lower reaches of Wildcat Creek (Leidy 2007). Cottus aleuticus Coastrange Sculpin Possible. This species may be found in the lower reaches of Wildcat Creek. Cottus asper Prickly Sculpin Possible. This species may be found in the lower reaches of Wildcat Creek. Entosphenus tridentate Pacific Lamprey Possible. This species may be found in the lower reaches of Wildcat Creek. Gasterosteus aculeatus Threespine Stickleback Present. This species has been observed in the lower reaches of Wildcat Creek (Leidy 2007). Lampetra ayersi River Lamprey Possible. This species may be found in the lower reaches of Wildcat Creek. Lavinia symmetricus California Roach Possible. This species may be found in the lower reaches of Wildcat Creek. Mylopharodon conocephalus Hardhead Not expected. This species presumed extinct in this watershed (Leidy 2007). Oncorhynchus kisutch Central Coast Coho Salmon Not expected. This species is not anticipated in Wildcat Creek. Oncorhynchus mykiss Steelhead - Central Valley DPS/ Central Coast DPS Present. Wildcat Creek supports reproducing steelhead (Becker et al. 2007). Oncorhynchus mykiss irideus Coastal Rainbow Trout Present. Wildcat Creek supports reproducing rainbow trout (Leidy 2005 et al. 2005). Orthodon microlepidotus Sacramento Blackfish Possible. This species may be found in the lower reaches of Wildcat Creek. Wildcat Creek – Reach 1 Contra Costa County Public Works – Stream Maintenance Program 5 of 6 December 2015 Common Name Scientific Name Potential for occurring Pogonichthys macrolepidotus Sacramento Splittail Present. This species has been observed in the lower reaches of Wildcat Creek (Leidy 2007). Ptychocheilus grandis Sacramento Pikeminnow Present. This species has been observed in the lower reaches of Wildcat Creek (Leidy 2007). Wildlife Asio flammeus Short-eared Owl Possible. Potentially suitable habitat exists in this reach. A CNDDB occurrence of this species was recorded along Wildcat Creek in Wildcat Creek Marsh. Circus cyaneus Northern Harrier Possible. Potentially suitable habitat exists in this reach. A CNDDB occurrence is located at Wildcat Creek Marsh. Elanus leucurus White-tailed Kite Present. Observed in this reach. Falco peregrinus anatum American Peregrine Falcon Possible. Potentially suitable habitat exists in this reach. Geothlypis trichas sinuosa Saltmarsh Common Yellowthroat Possible. Potentially suitable habitat exists in this reach. Laterallus jamaicensis coturniculus California Black Rail Possible. Potentially suitable habitat exists in this reach. Melospiza melodia Song Sparrow ("Modesto" population) Possible. Potentially suitable habitat exists in this reach. Melospiza melodia samuelis San Pablo Song Sparrow Possible. Potentially suitable habitat exists in this reach. Microtus californicus sanpabloensis San Pablo vole Possible. Potentially suitable habitat exists in this reach. Rallus longirostris obsoletus Ridgeway's Rail Possible. Potentially suitable habitat exists in this reach. Reithrodontomys raviventris salt-marsh harvest mouse Possible. Potentially suitable habitat exists in this reach. Sorex vagrans halicoetes salt-marsh wandering shrew Possible. Potentially suitable habitat exists in this reach. For more detailed discussion on sensitive species, see Chapter 4 of the Manual. MAINTENANCE CONSIDERATIONS AND MANAGEMENT OPPORTUNITIES County maintenance activities are minimal within Reach 1. Due to the presence of the EBRPD Wildcat Creek Trail which passes along the right bank (north side) of the creek channel (Photo 3), typical maintenance needs include fence repair, mowing of vegetation adjacent to the trail, and trash removal (left by trail patrons and occasional homeless encampments). Sediment levels are self-sustaining in Reach 1 and no instream removal or stabilization has occurred recently. Another maintenance consideration includes routine inspections of the grade control structure at the upstream end of the reach. No other routine maintenance actions are recommended. Wildcat Creek – Reach 1 6 of 6 Contra Costa County Public Works – Stream Maintenance Program December 2015 Photo 4. A grade control structure stretching across the active channel, signifying the upstream boundary of Reach 1. During the summer months, freshwater flows from upstream are minimal and water levels in the creek are dictated by tidal action (August 2015). Photo 5. Looking downstream of the grade control structure as the tide is beginning to come in. Water levels during high tide are visible through staining of vegetation that line the margins of the channel (August 2015). Wildcat Creek – Reach 2a Reach No. Upstream Cross Street Downstream Cross Street Length 2a Richmond Parkway Confluence of large NN tributary 4,900 feet Contra Costa County Public Works – Stream Maintenance Program 1 of 7 July 2018 WATERSHED: Wildcat Creek SUBBASIN: Wildcat Creek LOCATION: Upstream side of the Richmond Parkway crossing to outfall into Wildcat Marsh ADJACENT LAND USE: Open space immediately to the northwest and west. Heavy industrial uses in the vicinity include: WCWD wastewater treatment plant, auto wrecking and salvage yards, and other industrial uses. UPSTREAM: Reach 2b LENGTH: 4,900 feet AVERAGE TOP-OF-BANK WIDTH: 130-190 feet Photo 1. Typical channel conditions looking downstream towards the marsh and Baylands. The trees in the distance line the end of the East Bay Regional Parks District (EBRPD) Wildcat Creek trail. Beyond the trees, the hills on the left side are Point Richmond; the West Contra Costa Sanitary Landfill is to the right (August 2015). REACH SETTING: The upstream portion of Reach 2a of Wildcat Creek is a transition zone from freshwater, riparian woodland to a brackish marsh system as Wildcat Creek nears the Bay. The Richmond Parkway crossing constricts upstream flows before fanning out over a wide channel downstream of the crossing. This contraction-expansion process at the crossing and the reach’s position within the lower watershed result in a depositional environment. Vegetation and canopy cover is very dense before thinning out into a brackish marsh. In the downstream portion of the reach, the creek is within an estuary plain and a tidal zone. The reach begins downstream of Richmond Parkway and continues westward as the creek flows through Wildcat Marsh (Figure 1). The creek drains into San Francisco Bay approximately 3,800 feet beyond the end of Reach 2a. This reach is enveloped by brackish marsh wetland and is very flat with only subtle changes in elevation. Photo 2. Looking upstream at the low flow channel. This photo was taken at low tide, leaving the lower part of the banks exposed (August 2015). PHYSICAL CONDITIONS Active channel: The top-of-bank width is relatively wide at 90-110 feet with a low-flow channel 15-20 feet wide. This wide channel allows for creek movement and dispersed flows during high tide and storm events. Throughout most of the reach, the actual top-of-banks are difficult to identify with only 1-3 feet difference between the low flow channel (Photos 1, 2, and 3). With the exception of a grade control structure located ~760 downstream of Richmond Parkway, the bed slope is very gradual. The creek becomes braided with instream sediment bars as it approaches the end of the reach and unnamed tributary. Bed sediments/texture: Bay mud and fine silts and sands Wildcat Creek – Reach 2a 2 of 7 Contra Costa County Public Works – Stream Maintenance Program July 2018 Bank structure: With only slight variations in elevation, defined banks are subtle (Photos 1 and 2). Daily tidal action has created a well-defined low flow channel 1-2 feet deep. Water quality: The channel is subject to a tidal regime with minimal upstream input during the summer months. During site visits (August 2015), the upper portion of the reach was dry and in the lower portion water quality appeared turbid with suspended bay mud. Channel processes: The upper section of this reach is depositional and aggrading with sediment, occurring in the low position in the watershed and having a gentle slope. The Richmond Parkway crossing constricts upstream flows to approximately 90 feet in width; downstream of this crossing, the channel width expands to over 200 feet. This creates a lower energy, depositional environment where suspended sediment carried from upstream areas settles out of the water column. The channel has been modified for flood control purposes to convey flow for 100-year flood events, but designed in a way to allow for meandering of the low flow channel between the levee banks. This relatively wide design allows the creek to function naturally as would typically occur with an estuary plain. Figure 1. Reach 2a of Wildcat Creek downstream from Richmond Parkway (in box). Most of the surrounding land use is open space/marsh. Photo 3. A panoramic view of Reach 2a. The area adjacent to the active channel is very flat. The pathway of green vegetation (center-right) reveals the outfall of an underground culvert that daylights and drains into Wildcat Creek in this reach (August 2015). Wildcat Creek – Reach 2a Contra Costa County Public Works – Stream Maintenance Program 3 of 7 July 2018 BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: The well-defined main channel and adjacent floodplain provide high quality brackish marsh habitat, while the upstream end of the reach experiences seasonal flows, drying up sometime during the late summer/fall. Some areas maintain a network of smaller pathways and pools created during inundation periods of high tide, especially in the lower portion of Reach 2a. Aquatic species would be typical of those associated with San Francisco and San Pedro bays. Vegetation Composition: Channel: Cattail (Typha sp.) and hardstem bulrush (Schoenoplectus acutus) are dominant at the upstream face of the Parkway crossing where canopy cover is low with tall flatsedge (Cyperus eragrostis) and curly dock (Rumex crispus) present. Under the crossing, spotted ladysthumb (Persicaria maculosa), fat-hen (Atriplex prostrata), and cockleburr (Xanthium strumarium) forms dense cover where sunlight reaches the channel, but vegetation is absent otherwise. Downstream, pickleweed (Salicornia pacifica), salt grass (Distichlis spicata), gumplant (Gindelia stricta), Chairmaker’s bulrush (Schoenoplectus americanus), and hardstem bulrush (Schoenoplectus acutus) are abundant near the low flow channel (Photos 1, 2, and 5). Banks: Understory: In the upstream section, elmleaf blackberry (Rubus ulmifolius) is dominant. Moving downstream where canopy cover is sparse, non-natives are dominant in the upper banks and higher elevations, including wild oat (Avena fatua), Harding grass (Phalaris aquatic), and milk thistle (Silybum marianum). Moving closer to the channel, native salt marsh baccharis (Baccharis glutinosa), gumplant (Gindelia stricta), and coyote brush (Baccharis pilularis) are more prevalent. Overstory/Canopy: In the upstream section of the reach, willows (Salix sp.) are dominant with a variety of other native species present, such as cottonwood (Populus fremontii), California buckeye (Aesculus californica), walnut (Juglans sp.), and coast live oak (Quercus agrifolia). Overstory canopy is very dense with most of the channel at 75-100 percent cover. Recruitment is also high, most often with young willows. In the downstream section, woody vegetation is largely absent from the main channel, as typical of a brackish marsh, scattered tree species grow on the outer fringes of the channel. The left (south) bank is more densely vegetated than the right (north), with cottonwood (Populus fremontii) as the dominant tree species. Larger coyote brush, willow (Salix sp.), California buckeye (Aesculus californica), and coast live oak (Quercus agrifolia) are also present and create a fairly dense canopy. In general, the left bank also supports more mature tree species with higher recruitment. Potential for Sensitive Species and Fish or Wildlife Observations: Common Name Scientific Name Potential for occurring Plants Johnny-nip Castilleja ambigua var. ambigua Possible. Potentially suitable habitat exists in this reach. Bolander's water- hemlock Cicuta maculata var. bolanderi Possible. Potentially suitable habitat exists in this reach. small spikerush Eleocharis parvula Possible. Potentially suitable habitat exists in this reach. soft salty bird's-beak Chloropyron molle ssp. molle (=Cordylanthus mollis ssp. mollis) Possible. Potentially suitable habitat exists in this reach. Marin knotweed Polygonum marinense Possible. Potentially suitable habitat exists in this reach. saline clover Trifolium hydrophilum Possible. Potentially suitable habitat exists in this reach. Wildcat Creek – Reach 2a 4 of 7 Contra Costa County Public Works – Stream Maintenance Program July 2018 Common Name Scientific Name Potential for occurring Fish Southern Green Sturgeon Acipenser medirostris Possible. This species may be found in the lower reaches of Wildcat Creek. White Sturgeon Acipenser transmontanus Possible. This species may be found in the lower reaches of Wildcat Creek. Sacramento Sucker Catostomus occidentalis occidentalis Present. This species has been observed in the lower reaches of Wildcat Creek (Leidy 2007). Coastrange Sculpin Cottus aleuticus Possible. This species may be found in the lower reaches of Wildcat Creek. Prickly Sculpin Cottus asper Possible. This species may be found in the lower reaches of Wildcat Creek. Pacific Lamprey Entosphenus tridentate Possible. This species may be found in the lower reaches of Wildcat Creek. Threespine Stickleback Gasterosteus aculeatus Present. This species has been observed in the lower reaches of Wildcat Creek (Leidy 2007). River Lamprey Lampetra ayersi Possible. This species may be found in the lower reaches of Wildcat Creek. California Roach Lavinia symmetricus Possible. This species may be found in the lower reaches of Wildcat Creek. Hardhead Mylopharodon conocephalus Not expected. This species presumed extinct in this watershed (Leidy 2007). Central Coast Coho Salmon Oncorhynchus kisutch Not expected. This species is not anticipated in Wildcat Creek. Steelhead - Central Valley DPS/ Central Coast DPS Oncorhynchus mykiss Present. Wildcat Creek supports reproducing steelhead (Becker et al. 2007). Coastal Rainbow Trout Oncorhynchus mykiss irideus Present. Wildcat Creek supports reproducing rainbow trout (Leidy 2005 et al. 2005). Sacramento Blackfish Orthodon microlepidotus Possible. This species may be found in the lower reaches of Wildcat Creek. Sacramento Splittail Pogonichthys macrolepidotus Present. This species has been observed in the lower reaches of Wildcat Creek (Leidy 2007). Sacramento Pikeminnow Ptychocheilus grandis Present. This species has been observed in the lower reaches of Wildcat Creek (Leidy 2007). Wildlife Short-eared Owl Asio flammeus Possible. Potentially suitable habitat exists in this reach. A CNDDB occurrence of this species was recorded along Wildcat Creek in Wildcat Creek Marsh. Northern Harrier Circus cyaneus Possible. Potentially suitable habitat exists in this reach. A CNDDB occurrence is located at Wildcat Creek Marsh. White-tailed Kite Elanus leucurus Present. Observed in this reach. western pond turtle Emys marmorata Possible. Potentially suitable habitat exists in this reach. American Peregrine Falcon Falco peregrinus anatum Possible. Potentially suitable habitat exists in this reach. Saltmarsh Common Yellowthroat Geothlypis trichas sinuosa Possible. Potentially suitable habitat exists in this reach. California Black Rail Laterallus jamaicensis coturniculus Possible. Potentially suitable habitat exists in this reach. Wildcat Creek – Reach 2a Contra Costa County Public Works – Stream Maintenance Program 5 of 7 July 2018 Common Name Scientific Name Potential for occurring Song Sparrow ("Modesto" population) Melospiza melodia Possible. Potentially suitable habitat exists in this reach. San Pablo Song Sparrow Melospiza melodia samuelis Possible. Potentially suitable habitat exists in this reach. San Pablo vole Microtus californicus sanpabloensis Possible. Potentially suitable habitat exists in this reach. Ridgeway's Rail Rallus longirostris obsoletus Possible. Potentially suitable habitat exists in this reach. salt-marsh harvest mouse Reithrodontomys raviventris salt-marsh harvest mouse Possible. Potentially suitable habitat exists in this reach. salt-marsh wandering shrew Sorex vagrans halicoetes Possible. Potentially suitable habitat exists in this reach. For more detailed discussion on sensitive species, see Chapter 4 of the Manual. MAINTENANCE CONSIDERATIONS AND MANAGEMENT OPPORTUNITIES County maintenance activities are minimal in the lower portion of Reach 2a. Due to the presence of the EBRPD Wildcat Creek Trail which passes along the right bank (north side) of the creek channel (Photo 3), typical maintenance needs in this section of the reach include fence repair, mowing of vegetation adjacent to the trail, and trash removal (left by trail patrons and occasional homeless encampments). Sediment levels are self- sustaining in the lower portion of Reach 2a and no instream removal or stabilization has occurred recently. In the upper portion of the reach, maintenance priorities should consider routine inspections of the grade control structure and addressing sediment accumulation upstream and beneath the Richmond Parkway crossing. Creek flows are conveyed through three box culverts at the Richmond Parkway crossing: the culvert and low flow channel on the left bank (south) (Photo 6); a high flow culvert in the middle (Photo 7); and a second high flow culvert on the right bank (north) with a vertical concrete wall separating the high flows from a pedestrian walkway (Photo 8). Accumulated sediment in all three culverts has greatly reduced the cross-sectional area and conveyance capability of the creek. Sediment within the culverts has reached such significant depths that flows overtop the wall separating the pedestrian walkway from the channel. This overtopping has led to sediment deposition on the pedestrian walkway and subsequent closure to public access until maintenance is performed. Sediment has also accumulated upstream of the crossing. Cattail and hard stem bulrush have become established and further perpetuate deposition (Photo 9). Removal of the emergent vegetation and upstream sediment deposits should be conducted in conjunction with sediment removal activities from within the culverts. As of August 2015, an estimated 2,500-3,000 cubic yards of sediment would need to be removed from the area upstream of the crossing, pedestrian walkway, and box culverts to maintain the channel’s designed conveyance capacity. Wildcat Creek – Reach 2a 6 of 7 Contra Costa County Public Works – Stream Maintenance Program July 2018 Photo 4. A grade control structure stretching across the active channel. During the summer months, freshwater flows from upstream are minimal and water levels in the creek are dictated by tidal action (August 2015). Photo 5. Looking downstream of the grade control structure as the tide is beginning to come in. Water levels during high tide are visible through staining of vegetation that line the margins of the channel (August 2015). Photo 6. The low flow channel (southernmost box culvert). A significant volume of sediment has accumulated in all three Richmond Parkway culverts, including the pedestrian walkway which has temporarily been closed. (August 2015). Photo 7. Looking upstream under the Richmond Parkway crossing. This is one of two high flow culverts (center culvert) with several feet of sediment deposition (August 2015). Wildcat Creek – Reach 2a Contra Costa County Public Works – Stream Maintenance Program 7 of 7 July 2018 Photo 8. The high flow culvert farthest to the right bank (north). The concrete wall shown in the center of the photo separates the channel from a pedestrian walkway. Currently, access is prohibited due to the sediment overlying the concrete walkway (August 2015). Photo 9. Looking upstream under the Richmond Parkway crossing. This is one of two high flow culverts (center culvert) with several feet of sediment deposition (August 2015). Pedestrian Walkway Wildcat Creek – Reach 2b Reach No. Upstream Cross Street Downstream Cross Street Length 2b ~100 feet upstream of 6th Street terminus Richmond Parkway 3,520 feet Contra Costa County Public Works – Stream Maintenance Program 1 of 6 July 2018 WATERSHED: Wildcat Creek SUBBASIN: Wildcat Creek LOCATION: Approximate 100 feet upstream of 6th Street terminus to Richmond Parkway ADJACENT LAND USE: Single-family and multi-family residential uses to the south; light industrial uses to the north; public school and playing fields to the north UPSTREAM: Reach 3a LENGTH: 3,520 feet AVERAGE TOP-OF-BANK WIDTH: 140-160 feet Photo 1. Typical Reach 2b setting looking downstream. The low-flow active channel is under the dense tree cover (photo left). The right bank has a gradual sloped bench and minimal vegetation following recent goat grazing (August 2015). REACH SETTING: Reach 2b of Wildcat Creek has a wide channel with a steep, narrow left bank, an incised, active channel near the toe of the left bank, and a wide, gradually sloped right bank bench. Vegetation was left largely untouched on the left bank but heavily managed on the right bank (Photo 1). A pedestrian path (Wildcat Creek Trail) follows the length of the Reach at the top of the right levee. A Photo 2. Water present within the active channel, with dense canopy cover overhead. Banks are generally very steep, as seen with the right bank, above (August 2015). PHYSICAL CONDITIONS Active channel: The active channel flows near the toe of the left bank and is relatively sinuous with inset benches on the inside of a handful of bends (Photos 2 and 3). However, much of Reach 2b shows significant downcutting confining flows to the active channel except during very large storm events that spread flows on to the bench of the right bank (Photos 3 and 4). Bed sediments/texture: Fine sands and silt Bank structure: Near the active channel, the bank height ranges between 3 to 5 feet and is near vertical throughout most of Reach 2b. The upper left bank is much steeper and narrower (Photo 5) than the right bank, which has been graded and setback with a gentle slope (Photo 1). Water quality: Water appeared to be of moderate quality, with moderate turbidity and floating and submerged trash, especially in the upstream portion near Reach 3a (August 20, 2015). Water levels decrease moving downstream, and went dry near Reach 2b. Channel processes: Reach 2b appears to be aggrading with continued downcutting of the active channel. Deposition occurs along the bench along the right bank. Eroded material from the active channel is Wildcat Creek – Reach 2b 2 of 6 Contra Costa County Public Works – Stream Maintenance Program July 2018 likely transported downstream to Richmond Parkway and contributes to the sediment deposition occurring at that crossing. Although the active channel has some sinuosity, it is generally stable within its alignment. Figure 1. Reach 2b of Wildcat Creek with Richmond Parkway at the western border and Verde Elementary School on the eastern boundary. Residential housing abuts the southern boundary of the riparian corridor. At the time of the reconnaissance site visit, discarded waste and homeless encampments were observed within the channel (August 2015). BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: Upstream of Fred Jackson Way, Reach 2b supports small perennial flows and pooling (Photos 2 and 4). Water depth ranges from a few inches up to several feet within some of the deeper pools. Downstream of Fred Jackson Way, creek flows diminish until the channel is absent of water during the late summer/early fall (Photo 3). When water is present, dense canopy cover through the entire reach provides shading and cover for many aquatic invertebrate, fish, and amphibian species. Vegetation Composition: Channel: Dense canopy cover keeps the channel relatively free of vegetation. English ivy (Hedera helix) and Himalayan blackberry (Rubus armeniacus) frequently grow to the toe-of-bank, occasionally extending into the low flow channel. Banks: Left Bank Understory: English ivy is dominant and widespread from the toe to the top of bank. Himalayan blackberry is present and co-dominant in small areas. Right Bank Understory: Near the channel, Himalayan blackberry and elmleaf blackberry (Rubus ulmifolius) form dense mats that occasionally cover other understory vegetation and small trees. Small pockets of American dogwood (Cornus sericea) were also observed throughout the reach. Wildcat Creek – Reach 2b Contra Costa County Public Works – Stream Maintenance Program 3 of 6 July 2018 Common horsetail (Equisetum arvense), stinging nettle (Urtica dioica), scouring rush (Equisetum hyemale), tall flatsedge (Cyperus eragrostis), and annual grasses are present. Moving away from the channel, less canopy cover, available moisture, and more frequent maintenance activities have encouraged the growth of upland species associated with frequent disturbance, such as wild oat, wild radish (Raphanus sativus), jepsongrass (Sorghum halepense), Harding grass (Phalaris aquatic), and horseweed (Erigeron canadensis). Overstory/Canopy: Willows (Salix sp.) are dominant with interspersed cottonwood (Populus fremontii) and walnut (Juglans sp.) forming a dense canopy cover of 75-100 percent. Mature cottonwood and coast live oak (Quercus agrifolia) are more common along the top of the left bank. Recruitment and growth of young willows is very high, especially on the fringes of where the riparian growth transitions to more upland species on the right bank. Potential for Sensitive Species and Fish or Wildlife Observations: Common Name Scientific Name Potential for occurring Plants Bolander's water- hemlock Cicuta maculata var. bolanderi Possible. Potentially suitable habitat exists in this reach. Fish Sacramento Sucker Catostomus occidentalis occidentalis Possible. This species has been observed in the lower reaches of Wildcat Creek (Leidy 2007). Marginal habitat is present in Reach 2b. Coastrange Sculpin Cottus aleuticus Not expected. This species may be found in the lower reaches of Wildcat Creek. Marginal habitat is present in Reach 2b. Prickly Sculpin Cottus asper Not expected. This species may be found in the lower reaches of Wildcat Creek. Marginal habitat is present in Reach 2b. Pacific Lamprey Entosphenus tridentate Not expected. This species may be found in the lower reaches of Wildcat Creek. Marginal habitat is present in Reach 2b. Threespine Stickleback Gasterosteus aculeatus Possible. This species has been observed in the lower reaches of Wildcat Creek (Leidy 2007). Marginal habitat is present in Reach 2b. River Lamprey Lampetra ayersi Not expected. This species may be found in the lower reaches of Wildcat Creek. Marginal habitat is present in Reach 2b. California Roach Lavinia symmetricus Possible. This species may be found in the lower reaches of Wildcat Creek. Steelhead - Central Valley DPS/ Central Coast DPS Oncorhynchus mykiss Possible. Wildcat Creek supports reproducing steelhead (Becker et al. 2007). Marginal habitat is present in Reach 2b. Wildcat Creek – Reach 2b 4 of 6 Contra Costa County Public Works – Stream Maintenance Program July 2018 Common Name Scientific Name Potential for occurring Coastal Rainbow Trout Oncorhynchus mykiss irideus Possible. Wildcat Creek supports reproducing rainbow trout (Leidy 2005 et al. 2005). Marginal habitat is present in Reach 2b. Sacramento Blackfish Orthodon microlepidotus Not expected. This species may be found in the lower reaches of Wildcat Creek. Marginal habitat is present in Reach 2b Sacramento Splittail Pogonichthys macrolepidotus Possible. This species has been observed in the lower reaches of Wildcat Creek (Leidy 2007). Marginal habitat is present in Reach 2b Sacramento Pikeminnow Ptychocheilus grandis Possible. This species has been observed in the lower reaches of Wildcat Creek (Leidy 2007). Marginal habitat is present in Reach 2b Wildlife Tricolored Blackbird Agelaius tricolor Possible. Potentially suitable habitat exists in this reach. western pond turtle Emys marmorata Possible. Potentially suitable habitat exists in this reach. For more detailed discussion on sensitive species, see Chapter 4 of the Maintenance Manual. MAINTENANCE CONSIDERATIONS AND MANAGEMENT OPPORTUNITIES Routine maintenance activities for Reach 2b concentrate on vegetation management of the right bank (Photo 1). Vegetation removal techniques include mowing. Vegetation management typically occurs annually during the mid- to late-August. Occasional maintenance of the Fred Jackson Way crossing may also be required on an as-needed basis. Under present conditions, sediment removal is not necessary at this crossing, where flows routinely scour loose sediment from beneath the crossing. Some evidence of bank erosion and downcutting was observed on the downstream face of the crossing. Monitoring of the channel conditions upstream, underneath, and downstream of the crossing should continue to ensure further erosion does not threaten the structural integrity of the bridge abutments or pier. Another important maintenance consideration for Reach 2b includes large scale trash removal, concentrating on an excessive number of automobile tires that have been discarded into the creek. Based on rough estimates, 125-150 tires litter the lower portion of the reach with two large masses at the terminus of 6th Street and 7th Street (Photos 7 and 8). The piles of tires effectively dam the channel in these two locations. If left as is, the tire piles may impede stream flows, significantly increasing the chance of bank erosion as the creek navigates a new route around the blockages. Wildcat Creek Trail along the top of the right bank may serve as the most accessible route to retrieving the tires. Access gates are located at the terminus of both 6th and 7th Streets but dense bank vegetation may limit workers’ abilities to extract the debris from the channel. Other routine maintenance activities may include repair of the pedestrian/access road and trash removal from pedestrians and homeless encampments within the riparian corridor (Photo 6). Wildcat Creek – Reach 2 Contra Costa County Public Works – Stream Maintenance Program 5 of 6 July 2018 Photo 3. Moving downstream, the active channel has dried up before Richmond Parkway and Reach 2a. Some signs of downcutting are visible but much less pronounced than in the upper portion of Reach 2b (August 2015). Photo 4. Example of eroding steep left bank. This photo was taken near a bend in the active channel and did maintain a low inset bench (photo right). Continued erosion along the left side of the active channel may further decrease the distance from the channel to the top of the already narrow left bank (August 2015). Photo 5. Looking at the left bank from the center of the active channel. Note the narrow width and close proximity of residential development (August 2015). Photo 6. Trash and debris piled on top of the left bank. Illegal dumping and homeless encampments have led to excessive trash within the riparian corridor (August 2015). Wildcat Creek – Reach 2b 6 of 6 Contra Costa County Public Works – Stream Maintenance Program July 2018 Photo 7. Tires piled up in the active channel at the end of 7th Street. This mass consisted of approximately three dozen tires. Another large heap of tires was observed in the channel at the terminus of 6th Street (August 2015). Photo 8. At the upstream end of Reach 2b near Giaramita Street, more tires and a high concentration of trash observed in the channel (August 2015). Wildcat Creek – Reach 3a Reach No. Upstream Cross Street Downstream Cross Street Length 3a ~450 feet upstream of 7th Street terminus ~100 feet upstream of 6th Street terminus 610 feet Contra Costa County Public Works – Stream Maintenance Program 1 of 5 July 2018 WATERSHED: Wildcat Creek SUBBASIN: Wildcat Creek LOCATION: Approximately 450 feet upstream of 7th Street terminus to 100 feet upstream of 6th Street terminus ADJACENT LAND USE: Verde Elementary School, playing fields, and open space to the north; single family and multi- family (low-density) residential housing to the south; light industrial uses to the east and southeast UPSTREAM: Reach 3b LENGTH: 610 feet AVERAGE TOP-OF-BANK WIDTH: 65-75 feet wide channel; 300-foot wide detention basin Photo 1. Looking downstream at the detention basin. The right bank is very gradual and set back from the active channel. The vegetation along the top of the right bank has been recently managed (August 2015). REACH SETTING: Reach 3a of Wildcat Creek is a large detention basin (approximately 1.4 acres, Photo 1). The creek flows westward through the basin then, entering Reach 2b, it contracts to a deep, narrow channel (Figure 1). This reach undergoes extensive urban interaction where unauthorized access has led to illegal dumping of trash within the channel, including a large number of automobile tires. Photo 2. Downstream of the detention basin, stagnant water was observed within the active channel and several small pools, the water did not appear to be flowing (August 2015). PHYSICAL CONDITIONS Active channel: Creek flows are dispersed over the detention basin with no definitive low-flow channel. At the downstream end of the basin, flows merge to form a distinct 8-10 foot wide channel at the toe of the left bank (Photo 2). Bed sediments/texture: Substrate material in the detention basin is composed of fine gravels and sand; the low flow channel consists of sand and silt. Bank structure: The detention basin has a wide, gradually swept right bank (Photos 1 and 4), with the left bank graded slightly steeper. Moving downstream, the left bank increases in slope until reaching a 1:1 slope and steeper (Photo 2). The right bank contracts towards the low flow channel until becoming similarly sloped (1:1 slope) and narrow. Water quality: Water quality within the reach was moderate to poor (August 20, 2015). Upstream of 7th Street, water appeared relatively clear (Photo 2). Moving downstream, large volumes of trash were observed in a small portion of the detention basin and the low flow channel (Photos 4 and 6). Channel processes: As the creek enters Reach 3a, the flow is diffused over a large detention basin. The reduction in energy of flow allows for suspended Wildcat Creek – Reach 3a 2 of 5 Contra Costa County Public Works – Stream Maintenance Program July 2018 sediment washed downstream from Reach 3b to settle out of the water column and deposit in the basin. Establishment of cattail and other emergent vegetation within the detention basin further reduces flow energy and promotes a depositional environment. Moving downstream, water is concentrated as it exits the detention basin and begins to flow through a trapezoidal two-stage channel. Once reaching the channel, the creek accelerates in velocity and constricts into a low flow channel near the toe of the left bank. The increased rate of flow has resulted in some erosion and downcutting of the low flow channel. As the distance from the detention basin increases, the size and number of depositional features become less. Figure 1. Reach 3a (in box) of Wildcat Creek is comprised of a large detention basin that terminates where the basin converges into a narrow, confined channel adjacent to Verde Elementary School (north of the creek). Wildcat Creek – Reach 3a Contra Costa County Public Works – Stream Maintenance Program 3 of 5 July 2018 BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: Since the detention basin is primarily dry during the summer and early fall, aquatic habitat within the detention basin is limited to the rainy season and early summer where shallow pools and marsh conditions provide suitable habitat for juvenile fish, amphibian, and invertebrate species. Many wading, bird species use the detention basin and adjacent emergent vegetation for habitat or foraging. As the creek becomes channelized, water depth increases, and emergent vegetation decreases, aquatic species type shifts from those more closely associated with palustrine to riparian communities. Vegetation Composition: Detention Basin: Cattail (Typha sp.) is dominant throughout with smaller dense pockets of hardstem bulrush (Schoenoplectus acutus), floating water primrose (Ludwigia peploides), and white sweetclover (Melilotus albus). Along the margins of the detention basin, two ecotones are discernable moving up the right bank. The lower ecotone features a wide array of herbaceous species including: knotgrass (Paspalum distichum), cockleburr (Xanthium strumarium), tall flatsedge (Cyperus eragrostis), horseweed (Erigeron canadensis), giant horsetail (Equisetum telmateia), and tall annual willowherb (Epilobium brachycarpum). Arroyo willow saplings (Salix lasiolepis) are common in this ecotone as well as the bottom of the detention basin. The higher ecotone extends to the top of the right bank and features many non-native annual species commonly associated with disturbance with the dominant species consisting of wild oat (Avena fatua), Harding grass (Phalaris aquatic), ripgut brome (Bromus diandrus), mustard (Brassica sp.), and wild radish (Raphanus sativus) (Photo 5). Common sowthistle (Sonchus oleraceus), bristly ox-tongue (Helminthotheca echioides), and curly dock (Rumex crispus) were present. Channel: After the creek passes through the detention basin and converges into the low flow channel, instream aquatic vegetation is significantly less dense. Most of the creek is free of emergent vegetation, with California blackberry (Rubus ursinus), Himalayan blackberry (Rubus armeniacus), and English ivy (Hedera helix) draping down from the banks into the channel. Floating water primrose covers the width of creek adjacent to Verde Elementary School. Cattail and duckweed (Lemna sp.) are intermittently present where pooling or shallow water exists. Other channel vegetation included panicled bulrush (Scirpus microcarpus) and knotgrass. Overstory/Canopy: Willows (Salix sp.) are dominant in both the detention basin and the channel with mature cottonwoods (Populus fremontii) along the top of the left bank. Coast live oak (Quercus agrifolia) and a weeping willow (Salix babylonica) have been planted along the perimeter of the detention basin on the right bank. Coast live oak and California buckeye (Aesculus californica) are present on the left bank of the channel. High density of mature and young willows form an overstory of 75-100 percent cover on the left bank. Recruitment is very high, most often with young willows around the edges of the detention basin, the low flow channel, and banks areas where breaks in canopy cover allow sunlight to penetrate the understory. Wildcat Creek – Reach 3a 4 of 5 Contra Costa County Public Works – Stream Maintenance Program July 2018 Potential for Sensitive Species and Fish or Wildlife Observations: Common Name Scientific Name Potential for occurring Plants bristly sedge Carex comosa Possible. Potentially suitable habitat exists in this reach. Bolander's water- hemlock Cicuta maculata var. bolanderi Possible. Potentially suitable habitat exists in this reach. marsh skullcap Scutellaria galericulata Possible. Potentially suitable habitat exists in this reach. Fish Steelhead - Central Valley DPS/ Central Coast DPS Oncorhynchus mykiss Possible. Wildcat Creek supports reproducing steelhead (Becker et al. 2007). Wildlife Tricolored Blackbird Agelaius tricolor Possible. Potentially suitable habitat exists in this reach. western pond turtle Emys marmorata Possible. Potentially suitable habitat exists in this reach. For more detailed discussion on sensitive species, see Chapter 4 of the Maintenance Manual. MAINTENANCE CONSIDERATIONS AND MANAGEMENT OPPORTUNITIES To preserve flow storage capacity in the detention basin, periodic vegetation management (e.g., manual mowing, mechanized mowing, and herbicide application) and sediment removal is required. Basin holding capacity is further diminished by accumulated woody debris and trash (Photo 4). During an August 2015 site visit, the basin was overgrown with cattails while ruderal vegetation along the margins and upper banks were recently managed (Photos 1, 3, and 5). The accumulated sediment and diminished basin capacity has resulted in flows exiting the basin to flow toward the left side of the basin and into the active channel. This is beginning to affect the active channel downstream, where bank erosion and downcutting was observed (August 2015). An estimated 3,500-4,000 cubic yards of accumulated sediment in the basin, covering an area of approximately 1.4 acres, would likely need to be removed to restore the detention basin to its designed functional capacity. Wildcat Creek – Reach 3a Contra Costa County Public Works – Stream Maintenance Program 5 of 5 July 2018 Photo 3. The detention basin has filled with sediment, enabling dense cattail establishment and diminishing basin holding capacity (August 2015). Photo 4. No water was observed in the detention basin (August 20, 2015). This is the former location of the last remaining pool where woody debris, vegetation, and trash have accumulated (August 2015). Photo 5. Facing east with the concrete channel of Reach 3b in the background. Vegetation along the upper right bank is minimal. Photo 6. Near Verde Elementary Schools, the top of the right bank is armored with rock gabion and galvanized chain-link fence. This area appears to be a previous restoration site with native planting and drip irrigation lines (August 2015). Wildcat Creek – Reach 3b Reach No. Upstream Cross Street Downstream Cross Street Length 3b ~540 feet downstream of Rumrill Boulevard ~450 feet upstream of 7th Street terminus 830 feet Contra Costa County Public Works – Stream Maintenance Program 1 of 4 July 2018 WATERSHED: Wildcat Creek SUBBASIN: Wildcat Creek LOCATION: Approximately 540 feet downstream of Rumrill Boulevard to approximately 450 feet upstream of the 7th Street terminus. ADJACENT LAND USE: Single family and multi-family residential uses to the south; light industrial uses to the north; Verde Elementary School and playing fields to the northeast UPSTREAM: Narrow earthen channel winding through residential and urban land uses LENGTH: 830 feet AVERAGE TOP-OF-BANK WIDTH: 45-80 feet Photo 1. The upstream portion of Reach 3b flows through an earthen channel before entering the concrete box channel downstream seen in Photo 2 (November 2015). REACH SETTING: Reach 3b of Wildcat Creek was engineered by the U.S. Army Corps of Engineers to convey flood water. Two sets of active railroad tracks and one vehicular bridge span the reach. Minimal vegetation and aquatic habitat are present within Reach 3b. Upstream of the reach, the creek winds through residential areas within an earthen channel and very narrow riparian zone. Overall, Reach 3b is in the lower portion of the watershed where the creek flows across the alluvial plain before draining into San Francisco Bay. Photo 2. Middle portion of Reach 3b looking downstream through the concrete channel, railroad tracks, and fish ladder (November 2015). PHYSICAL CONDITIONS Active channel: Reach 3b has two distinct channel types: (1) a 445-foot-long by 80-foot-wide, straight run, engineered earthen channel with rock slope protection (RSP); and (2) a 385-foot-long, 45-foot- wide concrete box channel downstream of the earthen channel. The earthen channel has a low- flow channel approximately 20 feet wide, 15- to 18- foot wide inset benches on either side of the low flow channel, and a top of bank width of approximately 80 feet (Photo 1). The concrete channel and downstream portion of the reach has 8-foot-tall vertical concrete walls dividing the channel into three bays. The two outside bays convey high flows while the center bay conveys low flows (Photo 2). A fish ladder is located within the center bay. Bed sediments/texture: Rock debris with captured sand, gravel, and cobble in the upstream portion; concrete bed through the box channel Bank structure: The upstream section of Reach 3b is a trapezoidal channel with earthen banks reinforced with RSP in some areas and 4-5 feet of RSP at the top-of-bank (Photo 1). Banks are sloped Wildcat Creek – Reach 3b 2 of 4 Contra Costa County Public Works – Stream Maintenance Program July 2018 at a 2:1 ratio. The lower section has vertical concrete walls, approximately 8 feet in height (Photo 2). Water quality: This reach was dry during site visits (August 20, 2015, and November 23, 2015). Channel processes: Reach 3b is engineered to convey flood waters quickly downstream. The straight RSP channel in the upstream portion and the concrete box channel in the downstream portion allow nominal infiltration rates and little diffusion of creek flows. Bed material carried from upstream sources is typically transported through Reach 3b with minimal deposition, with the exception of some sediment settling at the fish ladder. Figure 1. Reach 3b (in box) of Wildcat Creek is a relatively short reach through an industrial area. The concrete and constructed earthen channel offer limited habitat value. Wildcat Creek – Reach 3b Contra Costa County Public Works – Stream Maintenance Program 3 of 4 July 2018 BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: The channel experiences seasonal flows, with a dry bed during the summer/fall. In the upstream portion of the reach where the channel is earthen, aquatic habitat value is minimal due to the lack of vegetative cover and little habitat complexity, and the significant volume of trash present in the channel. As the creek enters the concrete box channel, the concrete banks and bed and general lack of sediment further diminishes the habitat value. Vegetation Composition: Channel: In-stream vegetation is generally dominated by native knotgrass (Paspalum distichum) and non- native grasses, including beard grass (Polypogon sp.), wild oat (Avena fatua), Harding grass (Phalaris aquatic), and ripgut brome (Bromus diandrus). Several small willow (Salix sp.) and elderberry (Sambucus nigra) saplings were observed growing in the low-flow channel or adjacent in-channel bench. Banks: Understory: Bank vegetation is typical of a highly disturbed, ruderal environment and is largely composed of non-native grasses (e.g., wild oat, Harding grass, and ripgut brome) and weedy species (mustard [Brassica sp.], and wild radish [Raphanus sativus], common sowthistle [Sonchus oleraceus], bristly ox-tongue [Helminthotheca echioides], fennel [Foeniculum vulgare], poison hemlock [Conium maculatum], and curly dock [Rumex crispus]). Overstory/Canopy: Reach 3b lacks large woody vegetation and has no canopy cover. Just upstream of the reach, the creek is shaded with a dense thicket of willows (Salix sp.) and cottonwoods (Populus fremontii). Potential for Sensitive Species and Fish or Wildlife Observations: Common Name Scientific Name Potential for occurring Plants Sensitive plant species are not expected in this reach. Fish Steelhead - Central Valley DPS/ Central Coast DPS Oncorhynchus mykiss Not expected. Wildcat Creek supports reproducing steelhead (Becker et al. 2007), however habitat in this reach is marginal. Wildlife Sensitive wildlife species are not expected in this reach. For more detailed discussion on sensitive species, see Chapter 4 of the Maintenance Manual. MAINTENANCE CONSIDERATIONS AND MANAGEMENT OPPORTUNITIES General maintenance needs for Reach 3b include in-channel trash and debris removal. Homeless encampments and the close urban-creek interface have resulted in substantial volumes of trash dumped throughout the reach (Photo 3). Other routine maintenance requirements involve routine inspection and as-need caulking of cracks found in the concrete channel walls and bed throughout the concrete box channel. Periodic sediment removal may also be needed from the low-flow channel and fish ladder. During a November 2015 site visit, an estimated 75-100 cubic Wildcat Creek – Reach 3b 4 of 4 Contra Costa County Public Works – Stream Maintenance Program July 2018 yards of sediment and debris required removal from within the fish ladder in order to restore the operating effectiveness of the structure (Photo 4). Photo 3. Trash and debris from dumping and homeless encampments have negatively affected much of Reach 3b, especially in the upstream portion (November 2015). Photo 4. The fish ladder in the concrete box channel has captured large amounts of sediment, which has thereby reduced the effectiveness of the structure (November 2015). Garrity Creek Lined Channel Upstream Cross Street Downstream Cross Street Length San Pablo Avenue San Pablo Avenue 250 feet Contra Costa County Public Works – Stream Maintenance Program 1 of 4 May 2017 WATERSHED: Garrity Creek SUBBASIN: Garrity Creek LOCATION: South of and adjacent to San Pablo Avenue; southwest of the San Pablo Avenue and O’Connor Drive intersection ADJACENT LAND USE: Residential areas to the south, east, west; open space and the mainstem of Garrity Creek to the north UPSTREAM: Underground stormwater culverts REACH LENGTH: 250 feet AVERAGE TOP-OF-BANK WIDTH: 35-40 feet Photo 1. Looking downstream at the maintenance reach. Accumulated sediment and vegetation fill the concrete drainage ditch (April 2016). REACH SETTING: Garrity Creek is a western Contra Costa tributary that drains directly to the Point Pinole Regional Shoreline in Richmond. The creek’s headwaters originate in the hills east of Interstate 80 at an elevation of 1,438 feet and the Garrity Creek Watershed covers an approximately 6-square mile area (Contra Costa County 2003). Much of the upstream portions of the creek have been culverted under residential areas. The maintenance reach is an off-channel concrete-lined drainage ditch located in the lower portion of the Garrity Creek Watershed. The ditch parallels San Pablo Avenue and receives stormwater from surrounding Tara Hills residential uses via two culverts located on the eastern end of the ditch (Photos 3 and 4). Stormwater then gets conveyed through two concrete box culverts that cross beneath San Pablo Avenue. One culvert is located in the central portion of the ditch (Photo 5) and another culvert is located at the downstream end of the ditch (Photo 6). After crossing San Pablo Avenue, water flows in a northwesterly direction through earthen channels that connect with Garrity Creek. Photo 2. View from mid-reach looking downstream. The channel is concrete with the exception of a 50-foot section of the downstream portion (April 2016). PHYSICAL CONDITIONS Channel: Trapezoidal concrete drainage ditch (Photo 1). Bed is roughly 15 feet wide with a top-of-bank width of approximately 35 to 40 feet. No trees are in close proximity leaving the ditch exposed. Earthen channel downstream of San Pablo Avenue that hydrologically connects the drainage ditch to the mainstem of Garrity Creek. Ordinary high water (OHW) is approximately 3 feet above bed. Bed sediments/texture: Unconsolidated sediments and organic matter overlying concrete. Bank structure: Smooth concrete trapezoidal banks with low roughness conditions and steep banks (2:1 Garrity Creek Lined Channel 2 of 4 Contra Costa County Public Works – Stream Maintenance Program May 2017 ratio). A 50-foot section of the ditch has earthen banks with concrete banks abutting both sides (Photo 2). An unvegetated dirt access area encompasses three sides of the ditch with San Pablo Avenue bordering the fourth (Photo 1). Water quality: During an April 13, 2016 visit, water appeared murky in areas with substantial algal growth and trash in the upstream most section (first 175 feet). Dense cattail growth appeared to keep most sediment and trash out of the downstream section (75 feet) where water was clear and increased to over 12 inches in depth. Channel processes: Receiving waters originate from residential irrigation and stormwater drainage. Deposition occurring near the culvert outfall areas. Accumulated sediment ranges in depth from 2 to 12 inches. Dense cattail growth traps most sediment before reaching the downstream most culvert intake under San Pablo Avenue (Photos 1 and 4). Figure 1. Maintenance area near Garrity Creek at San Pablo Avenue. BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: Water levels within the concrete trapezoidal channel are seasonal and diminish significantly during the summer and early fall. Presence and success of fish and other aquatic species is limited within the concrete channel. However, suitable habitat is available in the earthen channel and mainstem of the Garrity Creek located northwest of San Pablo Avenue (downstream of the maintenance reach) and some species may stray upstream. Several schools of minnows were observed using the downstream-most culvert under San Pablo Avenue as refuge (April 13, 2016). Additionally, emergent vegetation in the drainage ditch could provide limited habitat for insects, passerine birds, and waterfowl. Mallards were observed nesting during an Apri l 13, 2016 site visit. Garrity Creek Lined Channel Contra Costa County Public Works – Stream Maintenance Program 3 of 4 May 2017 Vegetation Composition: Channel: Below the OHW elevation, cattail (Typha sp.) is the dominant species with watercress (Nasturtium officinale) present. Filamentous algae is prevalent where cattail does not grow. Banks: The entire maintenance area is void of trees. The upstream (northeastern) portion of the ditch has concrete banks and lacks vegetation. Where the banks are earthen, non -native annul grasses (e.g., Smilo grass [Stipa miliacea] wild oats [Avena fatua], and ripgut brome [Bromus diandrus]) and weedy herbaceous species (e.g., long beak filaree [Erodium botrys], wild radish [Raphanus sativus], bristly ox-tongue [Picris echioides], and bull mallow [Malva nicaeensis]) are prevalent. Potential for Sensitive Species: Common Name Scientific Name Potential for occurring Wildlife Yellow-headed Blackbird Xanthocephalus xanthocephalus Not expected. Historical occurrence. Nest in freshwater wetlands with dense emergent vegetation. Marginal habitat in the area. MAINTENANCE CONSIDERATIONS AND MANAGEMENT OPPORTUNITIES The primary maintenance issues in this reach are aquatic vegetation growth, sediment deposition, and trash and debris. Approximately 60 cubic yards of sediment has accumulated in the concrete-lined portion of the ditch. Regular maintenance includes removal of sediment, trash and debris from the concrete-lined ditch and culverts connecting with the ditch. Sediment and cattail removal is necessary in the central portion of the ditch, which is concrete-lined. Construction equipment would be operated from the top of bank. Work would be conducted when the ditch is as dry as possible (August/September); however if water is present in the channel, dewatering best management practices (BMPs) would be employed. Photo 3. One of two outfall areas that drain into the ditch. These two 36-inch culverts on the eastern end of the ditch convey irrigation and stormwater from the surrounding residential neighborhood (April 2016). Photo 4. Looking downstream with the second outfall area in the background. Mallards were observed and may potentially use the ditch for nesting and/or foraging (April 2016). Garrity Creek Lined Channel 4 of 4 Contra Costa County Public Works – Stream Maintenance Program May 2017 Photo 5. One of two culvert intake areas that convey water under San Pablo Avenue (south end of ditch). Cattails block the intakes and reduce conveyance efficiency. The cattail also collect trash and debris, as seen in in the photo above (April 2016). Photo 6. The second and downstream most box culvert intake areas that conveys water under San Pablo Avenue. Cattails upstream of this area effectively capture most sediment, trash, and debris. Schools of minnows and juvenile fish were observed near and inside the culvert. The deeper water likely allows fish to use this culvert as refuge and travel pathway (April 2016). Walnut Creek at Arroyo Way Upstream Cross Street Downstream Cross Street Length Arroyo Way Ygnacio Valley Road 330 feet Contra Costa County Public Works – 2016 Maintenance Permitting 1 of 4 July 2018 WATERSHED: Walnut Creek SUBBASIN: Walnut Creek LOCATION: Near Civic Park and the terminus of Arroyo Way ADJACENT LAND USE: Civic Park to south; commercial areas to the west; Iron Horse Trail and residential uses to the east UPSTREAM: Trapezoidal earthen-engineered channel REACH LENGTH: 330 feet AVERAGE TOP-OF-BANK WIDTH: 25 feet Photo 1. Looking downstream from the access ramp and upstream end of the maintenance reach; Iron Horse Trail bridge crossing shown in the background. Maintenance activities would focus on removing the sediment bar at the bottom of the ramp, as indicated in the photo above (April 2016). REACH SETTING: The Walnut Creek Watershed encompasses over 146 square miles and is the largest watershed in Contra Costa County. The watershed stretches east to the western flanks of Mt. Diablo, south to the City of San Ramon, east to the Las Trampas Ridge, and north to the confluence with Pacheco Creek, approximately 2 miles from the outfall to Suisun Bay. With approximately 310 miles of total channel length in the watershed, major tributaries to Walnut Creek include: San Ramon Creek (18.9 miles), Pine Creek (12.7 miles), Las Trampas Creek (12.4 miles), Grayson Creek (8.9 miles), Sycamore Creek (8.9 miles), and Galindo Creek (6.5 miles) (Contra Costa County 2003). Much of the channels in the upper and middle watershed remain natural (72%) transitioning into earthen-engineered (12%) and concrete channels (16%) through the lower watershed and urban areas where there is an increased need for flood control (Contra Costa County 2003). The cities of Walnut Creek, Lafayette, Pleasant Hill, Danville, Concord, Martinez, Moraga, and San Ramon are entirely or partly within the watershed, and contribute an estimated 30% impervious surface area of the watershed. This maintenance reach is situated in the lower-central portion of the Walnut Creek Watershed and central area of the City of Walnut Creek. Upstream of the maintenance reach, the channel is earthen engineered. The confluence with the San Ramon Creek Bypass Channel is located downstream of the maintenance reach (Photo 2). Photo 2. Looking upstream from the confluence with the San Ramon Creek bypass channel and the downstream end of the maintenance reach (April 2016). PHYSICAL CONDITIONS Active channel: 25-foot-wide concrete box channel. Ordinary high water is about 6 feet above the bed. Bed sediments/texture: Concrete bed absent of sediment. Some silt and sand accumulated near the end of the access ramp and in where the channel Walnut Creek at Arroyo Way 2 of 4 Contra Costa County Public Works – 2016 Maintenance Permitting July 2018 transitions from earthen to concrete channel (Photo 1). Bank structure: Vertical concrete walls approximately 18 feet high (Photo 2). Water quality: Water appeared clear (April 12, 2016). Depth ranged from 1 to 3 inches with a deeper area (over 12 inches) near the transition from earthen to concrete channel. Channel processes: Some sediment accumulation observed at the bottom of the access ramp (Photo 3). Deposition likely caused by a backwater effect where some flows are redirected and pooled at the bottom of the ramp. Figure 1. Walnut Creek at Arroyo Way. Walnut Creek at Arroyo Way Contra Costa County Public Works – 2016 Maintenance Permitting 3 of 4 July 2018 BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: Patches of sediment over concrete bed. Marginal habitat for aquatic species due to the shallow water depth and lack of instream complexity and rufugia. Vegetation Composition: Channel: Bare ground through the maintenance reach. Some annual grasses and an elderberry (Sambucus sp.) has rooted in sediment on the upstream side of the ramp. Banks: Banks are concrete walls. A narrow corridor of mixed, mature trees growing outside the top of bank. Native oaks (Quercus sp.) dominant with walnut (Juglans sp.), cottonwood (Populus fremontii), redwood (Sequoia sempervirens) and eucalyptus (Eucalyptus sp.). Banks are more heavily vegetated upstream of the maintenance reach. Mature oaks (Quercus sp.) line the top of bank with younger arroyo willow (Salix lasiolepis) scattered along the lower banks. Understory vegetation consists mostly of non-native annual grasses and weedy herbaceous species, such as poison hemlock (Conium maculatum), fennel (Foeniculum vulgare), and English ivy (Hedera helix). Potential for Sensitive Species: Common Name Scientific Name Distance to Known Occurrence (miles) Potential for Occurring Plants Big tarplant Blepharizonia plumosa 0.05 None. Inhabits valley foothill and grassland with clay soils. Channel constructed of concrete and surrounded by urban landscape – lacks suitable habitat. Congdon’s tarplant Centromadia parryi ssp. congdonii 1.23 None. Inhabits alkaline valley foothill and grassland. Channel constructed of concrete and surrounded by urban landscape – lacks suitable habitat. Diablo helianthella Helianthella castanea 1.43 None. Channel constructed of concrete and surrounded by urban landscape – lacks suitable habitat. Contra Costa goldfields Lasthenia conjugens 0.05 None. Inhabits valley grassland, vernal pools, and foothill woodland. Channel constructed of concrete and surrounded by urban landscape – lacks suitable habitat. Wildlife California Tiger Salamander Ambystoma californiense No specific occurrence site, but less than 1 mile None Lacks suitable habitat and cover. Surrounded by high use urban area. Alameda Whipsnake Masticophis lateralis euryxanthu No specific occurrence site, but less than 1 mile None. Channel constructed of concrete – lacks suitable habitat and cover. No oak woodland or scrub habitat communities nearby. Source: CDFW 2016; CNPS 2016; USFWS 2016. Walnut Creek at Arroyo Way 4 of 4 Contra Costa County Public Works – 2016 Maintenance Permitting July 2018 CHANNEL MAINTENANCE CONSIDERATIONS Sediment deposition is the primary maintenance issue at the upstream end of the maintenance reach where the channel transitions from earthen to concrete and at the base of the access ramp . Maintenance considerations include removal fine silts and sands that have accumulated to depths of 0 to 36 inches; approximately 50 CY of sediment requires removal. In-channel sediment removal activities would typically be carried out in August/September when water levels in the channel are at their lowest. If dewatering is necessary, a downstream silt filter barrier (trap) would be utilized to trap sediment. Maintenance crews can access the channel via an access ramp that connects to Arroyo Way. Additional maintenance activities that are conducted in this reach include routine inspection and cleaning of several subdrain vaults and flap gates downstr eam of the access ramp. Photo 3. At the bottom of the ramp and the transition area from earthen to concrete channel. Some vegetation has begun to grow from the deposited sediment (April 2016). Photo 4. Other maintenance tasks include inspecting and cleaning several culvert access covers located in the bed of the maintenance channel (April 2016). REFERENCES California Department of Fish and Wildlife (CDFW). 2016. California Natural Diversity Database. Available: http://www.dfg.ca.gov/biogeodata/cnddb/. Accessed April 22, 2016. California Native Plant Society (CNPS). 2016. Inventory of Rare and Endangered Plants (online edition, v.8-02). Available: http://www.rareplants.cnps.org. Accessed April 22, 2016. Contra Costa County. 2003. Contra Costa County Watershed Atlas. Prepared by Contra Costa County Community Development Department and Contra Costa County Public Works Department. Available: http://cocowaterweb.org/wp-content/uploads/Watershed-Atlas.pdf. Accessed April 22, 2016. U.S. Fish and Wildlife Service (USFWS). 2016. Critical Habitat Portal. Available: http://ecos.fws.gov/ecp/report/table/critical-habitat.html. Accessed April 22, 2016. San Ramon Creek at Rudgear Road Upstream Cross Street Downstream Cross Street Length Rudgear Road South Broadway 150 feet Contra Costa County Public Works – 2016 Maintenance Permitting 1 of 4 July 2018 WATERSHED: Walnut Creek SUBBASIN: Walnut Creek LOCATION: Approximately 500 feet downstream of the intersection of Bishop Lane and Rudgear Road ADJACENT LAND USE: Single and multifamily residential UPSTREAM: Concrete channel for approximately 0.5 miles upstream REACH LENGTH: 150 feet AVERAGE TOP-OF-BANK WIDTH: 30 feet Photo 1. From the bypass channel looking downstream. High flows are diverted to a secondary channel via the large box culvert on the left bank (photo left). The steel grates protecting the culvert opening prevent large debris from entering (April 2016). REACH SETTING: San Ramon Creek flows north through central Contra Costa County, parallel to Interstate 680, and is a major tributary to Walnut Creek. San Ramon Creek collects surface flows from dozens of smaller creeks draining from the Las Trampas Ridge to the west and the Diablo Range to the east. The San Ramon Creek Subwatershed, which is within the greater Walnut Creek Watershed, covers 51.4 square miles with approximately 136.7 miles of total channel length in the watershed. Nearly 74% of the surface chann els in the watershed remain natural, 16% concrete reinforced, and 10% earthen-engineered (Contra Costa County 2003). The majority of the watershed is undeveloped with residential development increasing moving downstream. The maintenance reach is located in the lower portion of the San Ramon Creek subwatershed and consists of concrete channel. San Ramon Creek collects surface flows from dozens of smaller creeks draining from the Las Trampas Ridge to the west and the Diablo Range to the east. This maintenance reach once served as a bypass structure where high flows were directed when the natural creek lacked capacity. Now, San Ramon Creek flows primarily through this concrete channel. Within this maintenance reach, high flows are diverted to a secondary channel through the inset box culvert shown in Photo 1. The channel is concrete at both the downstream and upstream ends of the maintenance reach. Photo 2. Looking upstream from the maintenance reach. Low flows from San Ramon Creek are diverted into this bypass west of I-680 (approximately 0.5 mile upstream) and are conveyed in the concrete box channel and underground culverts until joining the mainstem of Walnut creek near Arroyo Way (approximately 2.0 miles downstream) (April 2016). PHYSICAL CONDITIONS Active channel: 30-foot-wide concrete channel with approximately 16-foot-tall vertical concrete walls (Photos 1 and 2). Ordinary high water is about 4 to 5 feet above bed. San Ramon Creek at Rudgear Road 2 of 4 Contra Costa County Public Works – 2016 Maintenance Permitting July 2018 Bed sediments/texture: Channel mostly free of sediment. Silt and fine sand with organic material have accumulated within the box culvert (Photo 3). Bank structure: Vertical concrete walls approximately 16 feet high. Water quality: Water appeared clear (April 12, 2016). Water depth ranged from 1 inch in the lower portions of the maintenance reach to over 24 inches at the upstream boundary. Channel processes: Upstream sediment appears to be transported through concrete box channel with minimal deposition. The relatively narrow channel and smooth concrete walls and bed provide little roughness and likely experience high flow velocities during high flow events prohibiting most sedimentation. Some sediment accumulation was observed on the inside of the inset concrete box culvert, especially on the upstream side (Photo 3). This deposition is likely caused through a backwater effect as flows from the channel are diverted to a secondary high flow channel (Photo 4), decreasing flow velocity, and creating a low energy environment for sediment to deposit. Figure 1. San Ramon Creek at Rudgear Road. San Ramon Creek at Rudgear Road Contra Costa County Public Works – 2016 Maintenance Permitting 3 of 4 July 2018 BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: Marginal habitat for aquatic species due to fast moving flows during high flow events, absence of bed substrate, and a lack of instream complexity and rufugia. Vegetation Composition: Channel: The concrete channel is void of vegetation. Banks: Banks are concrete walls. Some native and non-native species, e.g., oaks (Quercus sp.) and eucalyptus (Eucalyptus sp.) growing along the top of bank, with herbaceous species, e.g., English ivy (Hedera helix) overhanging the walls in some areas. Potential for Sensitive Species: Common Name Scientific Name Distance to Known Occurrence (miles) Potential for Occurring Plants Big tarplant Blepharizonia plumosa 1.52 None. Inhabit valley and foothill grassland. Channel constructed of concrete and surrounded by urban landscape – lacks suitable habitat. Diablo helianthella Helianthella castanea 1.33 None. Found in a wide variety of upland habitats. Maintenance site lacks soils and suitable habitat. Contra Costa goldfields Lasthenia conjugens 1.52 None. Inhabit valley grassland, vernal pools, and foothill woodland. Channel constructed of concrete and surrounded by urban landscape – lacks suitable habitat. Oval-leaved viburnum Viburnum ellipticum 1.83 None. Inhabit chaparral, cismontane woodland, and lower montane coniferous forest. Channel constructed of concrete and surrounded by urban landscape – lacks suitable habitat. Wildlife California Red-legged Frog Rana draytonii 1.99 None. Channel constructed of concrete and thus lacks suitable habitat and cover. California Tiger Salamander Ambystoma californiense 1.54 None Concrete channel surrounded by residential and urban development. Lacks suitable habitat and cover. Alameda Whipsnake Masticophis lateralis euryxanthu No specific occurrence site, but less than 1 mile None. Channel constructed of concrete – lacks suitable habitat and cover. No oak woodland or scrub habitat communities nearby. Source: CDFW 2016; CNPS 2016; USFWS 2016. MAINTENANCE CONSIDERATIONS OPPORTUNITIES Within this reach, the primary maintenance issue is sediment deposition within the 30-foot long by 8-foot wide inset box culvert at the left bank of the channel. At the time of the reconnaissance site visit, approximately 25 CY of San Ramon Creek at Rudgear Road 4 of 4 Contra Costa County Public Works – 2016 Maintenance Permitting July 2018 sediment and debris had accumulated inside the inset box culvert. Sediment depths ranged between 10 and 40 inches deep (Photo 3). Maintenance considerations include removing accumulated sediment and debris that builds up in this culvert. The steel debris grates on the exterior of the culvert would be removed and accumulated sediment could be removed using a loader and dump trucks. Maintenance crews can acces s the site by using the concrete access ramp off of Bishop Lane, which is approximately 250 feet upstream of the inset box culvert. Sediment and debris removal work would occur during the summer mon ths (August/September) when the channel is as dry as possible. Other routine maintenance activities that may occur in this reach include repair of cracks in the concrete channel walls. Photo 3. Sediment deposition within the upstream side of the inset box culvert. Sediment ranges from 10 to 40 inches deep (April 2016). Photo 4. Photo of the culvert outfall area into the secondary high flow channel (facing downstream). The low flow bypass channel is on the opposite side of the right wall, indicated by the arrow in the photo (April 2016). REFERENCES California Department of Fish and Wildlife (CDFW). 2016. California Natural Diversity Database. Available: http://www.dfg.ca.gov/biogeodata/cnddb/. Accessed April 22, 2016. California Native Plant Society (CNPS). 2016. Inventory of Rare and Endangered Plants (online edition, v.8-02). Available: http://www.rareplants.cnps.org. Accessed April 22, 2016. Contra Costa County. 2003. Contra Costa County Watershed Atlas. Prepared by Contra Costa County Community Development Department and Contra Costa County Public Works Department. Available: http://cocowaterweb.org/wp-content/uploads/Watershed-Atlas.pdf. Accessed April 22, 2016. U.S. Fish and Wildlife Service (USFWS). 2016. Critical Habitat Portal. Available: http://ecos.fws.gov/ecp/report/table/critical-habitat.html. Accessed April 22, 2016. Rodeo Creek – Reach 7a Reach No. Upstream Cross Street Downstream Cross Street Length 7b Interstate 80 3rd Street 4,385 feet Contra Costa County Public Works – Stream Maintenance Program 1 of 6 July 2018 WATERSHED: Rodeo Creek SUBBASIN: Rodeo Creek LOCATION: Downstream of Interstate 80 (I-80) to approximately 115 feet upstream of 3rd Street ADJACENT LAND USE: Single-family residential to the east; mixed commercial and medium-density single-family residential to the west UPSTREAM: Reach 7c LENGTH: 4,385 feet AVERAGE TOP-OF-BANK WIDTH: 85-95 feet Photo 1. The upstream end of Reach 7a. Interstate 80 (I-80) is on the horizon (as indicated by the arrow). The reach starts at the culvert outfall from underneath I-80 (September 2015). REACH SETTING: Reach 7a of Rodeo Creek is a linear, earthen trapezoidal channel passing through downtown Rodeo. An asphalt pedestrian path parallels the top of the left bank with Vaqueros Avenue paralleling the right side (Figure 1). The channel is fairly shallow, but moderately wide with earthen, gradually sloped banks. Tidal action affects the lower portion of the reach near Fourth Street. Overall, the reach is aggrading and emergent vegetation congests the channel in multiple locations. Vegetation consists mostly of grasses and herbs with few mature trees near the channel, with the exception of several eucalyptus (Eucalyptus sp.). Photo 2. Looking downstream from the Hawthorne Drive crossing. Sediment deposition and emergent vegetation is common at the upstream and downstream end of culverts at road crossings. The banks are sparsely vegetated due to recent grazing of goats (September 2015). PHYSICAL CONDITIONS Active channel: The trapezoidal channel shape confines the creek to a linear path (Photos 1 and 2). A slightly incised low flow channel, approximately 18-22 feet wide, is apparent through much of the reach. Bed sediments/texture: Fine sands and silt Bank structure: Generally earthen banks gradually sloped at a 3:1 to 2:1 ratio (Photos 1, 2, 3 and 4). Rock slope protection (RSP) and grouted RSP line the banks in the vicinity of Hawthorne Drive upstream of a grade control structure featuring large rock boulders that span the creek from top-of- bank to top-of-bank (Photo 3). Water quality: During a September 3, 2015 site visit, water quality varied depending on reach elevation, with three subreaches. The upper subreach was from I-80 to the grade control structure, as mentioned above in Bank Structure. Water levels were low enough such that nominal flow volumes could pass over the grade control structure, leaving water in the upper portion stagnant with a high amount of filamentous algal in shallower areas and deeper areas very turbid. The middle subreach was much clearer with significantly less algae. The lower subreach experiences tidal action, becoming brackish and very turbid in the vicinity of Fourth Rodeo Creek – Reach 7a 2 of 6 Contra Costa County Public Works – Stream Maintenance Program July 2018 Street due to suspended bay mud (Photo 4). Some trash and debris was observed at the top of the reach near the dissipater and scour pool downstream of the I-80 culvert. Channel processes: The upstream portion of the reach is incising and experiences higher flow velocities due to the steeper drop in elevation, as evident with the placement of RSP and grouted RSP above the grade control structure. On the whole however, the majority of Reach 7a lies within the alluvial plain and is a depositional environment due to the gradual slope and low energy creek flow. Sizable areas of sediment deposition affect large portions of Reach 7a (Photos 2 through 8). In the downstream portion of the reach, slight downcutting of the low flow channel has occurred due to muted tidal action. Figure 1. Reach 7a of Rodeo Creek (see box) in the lower watershed begins to experience a muted tidal flow regime. The creek flows linearly from I-80 through central Rodeo, with residential neighborhoods to the east and mixed commercial areas to the west. Rodeo Creek – Reach 7a Contra Costa County Public Works – Stream Maintenance Program 3 of 6 July 2018 BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: Water depth and quality is suitable to support a variety of fish, amphibians, reptiles, waterfowl, and wading birds adapted to freshwater and brackish environments. Several species observed during a September 2015 site visit included western pond turtle (Actinemys marmorata), American bullfrog (Lithobates catesbeianus), great egret (Ardea alba), black-crowned night heron (Nycticorax nycticorax), mallards (Anas platyrhynchos), and many passerine bird species bathing and foraging within emergent vegetation. Additionally, variations in the bed substrate between fine sediment interspersed with cobble, RSP in the wetted channel, and stands of emergent vegetation provide suitable habitat for many aquatic species. Vegetation Composition: Channel: Cattail (Typha sp.) is dominant throughout Reach 7a, with hardstem bulrush (Schoenoplectus acutus), knotgrass (Paspalum distichum), and watercress (Nasturtium officinale), co-dominant in certain areas. Giant horsetail (Equisetum telmateia), pepperweed (Lepidium latifolium), tall flatsedge (Cyperus eragrostis), bulrush (Scirpus sp.) and cocklebur (Xanthium strumarium) were present. Banks: Understory: Ruderal, non-native species are dominant on both banks. Upper banks consists of invasive grasses, such as wild oat (Avena fatua), Johnsongrass (Sorghum halepense), smutgrass (Sporobolus indicus), Harding grass (Phalaris aquatic), and ripgut brome (Bromus diandrus), and non- native herbaceous plants, like wild radish (Raphanus sativus), common sow thistle (Sonchus oleraceus), pepperweed, Jersey cudweed (Pseudognaphalium luteoalbum), fennel (Foeniculum vulgar), curly dock (Rumex crispus), mustard (Brassica sp.), and poison hemlock (Conium maculatum). Overstory/Canopy: Most trees are near or beyond the top-of-bank, and are located near private residences, or are escaped cultivar. Consequently, canopy cover of the channel is generally low, but there are pockets of mature trees that form canopy cover over the channel. The most prevalent tree species include blue gum (Eucalyptus globulus), valley oak (Quercus lobata), coast live oak (Quercus agrifolia), and oleander (Nerium oleander). Pines (Pinus spp.), walnut (Juglans sp.), cottonwood (Populus fremontii), olive (Olea europaea), fruit trees (Prunus spp.), and acacia (Acacia sp.) were also present. Potential for Sensitive Species and Fish or Wildlife Observations: Common Name Scientific Name Potential for occurring Plants stinkbells Fritillaria agrestis Not expected. Marginally suitable habitat exists in this reach. Fish Sensitive fish species are not anticipated in this reach. Wildlife western pond turtle Emys marmorata Possible. Suitable habitat exists in this reach. For more detailed discussion on sensitive species, see Chapter 4 of the Manual. Rodeo Creek – Reach 7a 4 of 6 Contra Costa County Public Works – Stream Maintenance Program July 2018 Photo 3. Grade control structure downstream of Hawthorne Drive dissipates stream flow energy over a significant drop in channel elevation (September 2015). Photo 4. Downstream of Fourth Street, effects of tidal influence become more apparent with a slightly downcut low flow channel, water staining of vegetation along the toe, and a shift to brackish vegetation (September 2015). Photo 5. The culvert outlet downstream of I-80, with dissipater teeth (photo left) and a deep, scour pool (out of view to the left). Aggradation is occurring behind the dissipater teeth and the trailing end of the scour pool as water depth decreases (September 2015). Photo 6. Instream vegetation has established downstream of the scour pool near I-80, looking upstream (September 2015). Rodeo Creek – Reach 7a Contra Costa County Public Works – Stream Maintenance Program 5 of 6 July 2018 Photo 7. Middle portion of Reach 7a is aggrading due to the channel’s gradual slope and low energy environment as the creek moves toward San Pablo Bay. This depositional environment leads to frequent growth of instream emergent vegetation (September 2015). Photo 8. The box culverts passing underneath the 7th Street crossing constrict flows and increase deposition. The conveyance capacity of the low flow channel (photo left) is severely reduced. Similar conditions exist at the Hawthorne Drive and Fourth Street crossings but to a lesser extent (September 2015). MAINTENANCE CONSIDERATIONS AND MANAGEMENT OPPORTUNITIES Vegetation on both banks is managed through the grazing of goats where feasible. Herbicide and hand tools are used in other areas to control vegetative growth, specifically near the pedestrian path. Other general needs involve routine inspection and as-needed repair of the culverts at Hawthorne Drive, 7th Street, and Fourth Street crossings. The I-80 concrete box culvert and the area downstream of this culvert also requires routine inspections and maintenance. The box culvert discharges into a catchment area where dissipater teeth on top of a weir reduces the energy of the creek before collecting flows in a deep scour pool (Photo 5). The catchment area and dissipater teeth must be routinely cleared of any captured debris. Once over the weir, a large scour pool creates a lower energy environment and allows suspended sediment to settle out of the water column. The pool gradually ramps up (shallows) until water is less than 1-foot deep (approximately 40 feet from the edge of the weir). Moving away from the weir and up the ramp, suspended sediment is naturally sorted from larger to smaller grained material. Emergent vegetation grows where water levels are low enough, increasing the rate of deposition. This positive feedback cycle leads to more deposition and denser instream vegetation. Substantial deposition and emergent vegetative growth is present in the area downstream of the culvert at the I- 80 crossing, scour pool, and channel downstream of the pool. An estimated 500 cubic yards of sediment and vegetation would need to be removed to restore channel capacity for approximately 160 linear feet. Some trash and debris (i.e., a shopping cart) was also observed in the scour pool. Because of the large size, local topography, and surrounding land uses, the impacts from localized flooding would be minimal. However, continued aggradation and reduction of storage capacity of the pool mitigates the dissipater, weir, and scour pool’s effectiveness to reduce flow energy. Taking that into consideration, maintenance activities at this location (beyond keeping the culvert outfall free of debris) can be deferred and the area monitored during storm events to evaluate if restoring the capacity of the pool and channel are necessary. Due to the depositional conditions of the reach, other segments of the creek show significant sediment deposition and vegetative growth as well. Because of the relatively short bank height through most of Reach 7a, a reduction in cross sectional area and loss of conveyance capacity within the main channel could increase the flood risk to local adjacent areas. Most of the accumulated sediment and emergent vegetation is concentrated in the middle Rodeo Creek – Reach 7a 6 of 6 Contra Costa County Public Works – Stream Maintenance Program July 2018 subreach (Photo 7) between the grade control structure (downstream of Hawthorne Drive) downstream to Fourth Street (Figure 1). The estimated length and volume of the sediment removal areas are presented in Table 1. Table 1. Estimated Sediment Removal Required To Maintain Conveyance Capacity Location Estimated Length of Sediment Removal Area (linear feet) Estimated Volume (cubic yards) Upper Subreach – from outlet downstream of I- 80 crossing to grade control structure Immediately downstream of I-80 culvert crossing and scour pool 160 500 Remaining portion of the Upper Subreach 150 280 Middle Subreach – from grade control structure downstream of Hawthorn Drive to approximately Fourth Street 1,240 2,875 Bottom Subreach – from Fourth Street to the downstream boundary of Reach 7a where the concrete box channel begins 130 320 Total 1,680 3,975 Rodeo Creek – Reach 7b Reach No. Upstream Cross Street Downstream Cross Street Length 7b State Route 4 Interstate 80 off-ramp (east) 3,850 feet Contra Costa County Public Works – Stream Maintenance Program 1 of 5 July 2018 WATERSHED: Rodeo Creek SUBBASIN: Rodeo Creek LOCATION: Downstream of State Route (SR) 4, parallel to Willow Avenue, to the east off-ramp of Interstate 80 (I-80) ADJACENT LAND USE: Single-family residential to the north and east; low density multiple-family residential to the west and south UPSTREAM: Undeveloped/Open space LENGTH: 3,850 feet AVERAGE TOP-OF-BANK WIDTH: 80-85 feet Photo 1. The upstream end of Reach 7b at the culvert beneath SR 4. (September 2015). REACH SETTING: Reach 7b of Rodeo Creek lies within the alluvial fan of the watershed as the creek transitions from the steeper hillslopes upstream in the headwaters zone to the wider, more gently sloping plain downstream. The reach is an engineered earthen trapezoidal channel that flows linearly through residential development (Figure 1). Gravel access roads are located on top of both banks and parallel the creek. The channel is relatively deep and wide, and steep with a significant drop in elevation from the upstream portion of the reach near SR 4 (Photo 1) to the downstream end near I-80. Vegetation throughout the reach is limited to low growing grasses and herbs with little tree growth between the access roads and top-of-bank. Photo 2. Typical trapezoidal channel structure with gravel access roads on the top of both banks. The banks are sparsely vegetated due to recent goat grazing (September 2015). PHYSICAL CONDITIONS Active channel: The earthen trapezoidal structure confines flows to a narrow and uniform active channel (Photos 2 through 6). The engineered channel has little variability and is linear throughout. Bed sediments/texture: Silty sand Bank structure: The 12-15 feet tall banks are earthen and steep, with a slope of 2:1. Banks adjacent to several drop structures are concrete, protected with rock slope protection (RSP), or grouted RSP (Photos 5 and 6). Water quality: During a September 3, 2015 site visit, water was up to several feet deep through much of the channel. Water appeared to be very high in nutrients with significant algal growth, limiting visibility to only several inches below the surface (Photos 1 and 2). Water was very turbid moving downstream of where goats had recently grazed the banks (Photos 2 and 4). No trash or debris was observed. Channel processes: This reach has historically been incised. Reach 7b has a relatively steep longitudinal profile, with the change in elevation associated Rodeo Creek – Reach 7d 2 of 5 Contra Costa County Public Works – Stream Maintenance Program July 2018 with three separate weirs/drop structures. Large instream wing walls help control high flows with engineered, deep scour pools on the downstream side of the weirs/drop structures. The banks are armored upstream and downstream of the drop structures as well to help prevent any erosional effect from scouring. As flows exit the drop structures, coarse sediments settle out of the water column and decrease in grain size as the channel bed ramps up from the pool. Abating water levels and accumulated sediment depth allow for emergent vegetation to become established, beginning approximately 100 feet downstream of each of the weirs. Instream sediment deposition was observed in several other locations, including: downstream of the pedestrian bridge crossing near Seacliff Court, upstream and downstream of the Viewpoint Boulevard crossing, upstream and downstream of the pedestrian bridge crossing near the I-80 off-ramp, and upstream of the culvert at the I-80 crossing. Figure 1. Reach 7b of Rodeo Creek (see box) is in the upper watershed that flows through a residential area with only several slight bends. Rodeo Creek – Reach 7d Contra Costa County Public Works – Stream Maintenance Program 3 of 5 July 2018 BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: Water levels exceed 1-foot in depth throughout the reach with many areas and pools over several feet deep. Additionally, each weir/drop structure has a large, deep scour pool on the downstream side that ramps up to shallower depths that supports emergent vegetation. This variability in depth along with some instream vegetation provides relatively high quality habitat and protection for many aquatic vertebrate species. However, the size of the weirs/drop structures act as instream barriers, impeding aquatic species movement through the reach and dividing the aquatic habitat into segments. Regardless, schools of small fish, western pond turtles (Actinemys marmorata), and non-native red-eared sliders (Trachemys scripta elegans) were observed in multiple locations/segments. Vegetation Composition: Channel: Where emergent vegetation is present, cattail (Typha sp.) and knotgrass (Paspalum distichum) are co-dominant. Other commonly occurring species include: hardstem bulrush (Schoenoplectus acutus), pepperweed (Lepidium latifolium), common horsetail (Equisetum arvense), and tall flatsedge (Cyperus eragrostis). Banks: Understory: Both banks support ruderal, non-native grasses, mainly wild oat (Avena fatua), ripgut brome (Bromus diandrus), Harding grass (Phalaris aquatic), and Italian rye grass (Festuca perennis), and non-native herbaceous plants, such as pepperweed, wild radish (Raphanus sativus), bristly ox- tongue (Helminthotheca echioides), common sow thistle (Sonchus oleraceus), Jersey cudweed (Pseudognaphalium luteoalbum), fennel (Foeniculum vulgar), poison hemlock (Conium maculatum), curly dock (Rumex crispus), mustard (Brassica sp.), and Californian blackberry (Rubus usinus) Overstory/Canopy: Canopy cover of the channel is low. Mature trees grow on the top of the banks beyond the access roads and on the properties of private residences bordering the channel. These trees were likely planted by those adjacent property owners. Tree species consist of a variety of native, non-native, and ornamental species. The most prevalent tree species observed included Monterey pine (Pinus radiate), eucalyptus (Eucalyptus sp.), walnut (Juglans sp.), cottonwood (Populus fremontii), oak (Quercus sp.), weeping willow (Salix sp.), fruit trees (Prunus sp.), and oleander (Nerium oleander). At the upstream end of the reach near SR 4, several arroyo willows (Salix lasiolepis) grow below the high flow elevation. Potential for Sensitive Species and Fish or Wildlife Observations: Common Name Scientific Name Potential for occurring Plants stinkbells Fritillaria agrestis Not expected. Marginally suitable habitat exists in this reach. Fish Sensitive fish species are not expected in this reach. Wildlife western pond turtle Emys marmorata Present. Species observed in this reach. California red-legged frog Rana draytonii Possible. Potentially suitable habitat exists in this reach. A CNDDB occurrence from 2004 is just upstream of this reach. For more detailed discussion on sensitive species, see Chapter 4 of the Manual. MAINTENANCE CONSIDERATIONS AND MANAGEMENT OPPORTUNITIES Rodeo Creek – Reach 7d 4 of 5 Contra Costa County Public Works – Stream Maintenance Program July 2018 Vegetation on both banks is routinely managed. Recent grazing by goats greatly reduced the volume of vegetation throughout most of Reach 7b. Noticeable signs of erosion and increased turbidity were observed (September 2015) where recent goat grazing occurred. Exclusionary fencing should be employed to establish a buffer area adjacent the creek to prevent grazing activities from negatively impacting water quality and increasing bank instability. Other typical maintenance entails inspection and as-needed repair of the three weirs/drop structures, including the condition of the concrete, RSP, and grouted RSP bank armoring. The culvert box culverts at the SR 4 crossing, Viewpoint Boulevard, and I-80 off-ramp (eastbound) also require routine inspection and as-needed maintenance. Substantial reduction in capacity of these structures may necessitate removal of accumulated sediment and emergent vegetation. The estimated length and volume of potential sediment removal areas are presented in Table 1. Table 1. Estimated Sediment Removal Required To Maintain Capacity Location Estimated Length of Potential Sediment Removal Areas (linear feet) Estimated Sediment Volume (cubic yards) Weir/Grade Control Structure #1 200 18 Weir/Grade Control Structure #2 320 30 Weir/Grade Control Structure #3 260 20 Total 780 68 Pedestrian Bridge Crossing at Seacliff Court 200 18 Viewpoint Boulevard Culvert Crossing at 275 16 Pedestrian Bridge Crossing and Culvert at the I-80 off-ramp 160 14 Total 635 48 Reach Total 1,415 116 Due to the apparently large conveyance capacity of the channel, instream sediment and emergent vegetation removal activities at the weirs/grade control structures may potentially occur with lower frequency if localized flooding has not been an issue historically. Additionally, the structural integrity of the three weirs/grade control structures and adjacent banks appeared to be in satisfactory condition with no signs of recent erosion or bank destabilization observed. Continued routine inspections of the structures are recommended at this time. Similar to the weirs/grade control structures, instream maintenance near the pedestrian bridges can likely be deferred due to the channel’s apparently large conveyance capacity at those locations. Both pedestrian bridges clear-span the channel with the bridge low chord at or above the top-of-bank elevation. Incremental reduction of the cross-sectional area near the pedestrian bridge crossings should not substantially affect the bridges. However, substantial sediment accumulation and emergent vegetation near the concrete box culverts (i.e., at Viewpoint Boulevard and I-80 off-ramp crossings) may lead to backwatering and localized flooding, especially near the downstream end of the reach where the channel begins to narrow and constrict as it approaches I-80. Keeping the concrete box culverts clear of debris and maintaining conveyance capacity should be a priority for Reach 7b. Rodeo Creek – Reach 7d Contra Costa County Public Works – Stream Maintenance Program 5 of 5 July 2018 Some evidence of bank erosion along the toe of the slope was observed downstream of Viewpoint Boulevard (Photo 4). Downcutting was not extensive, generally 8 inches or less, but could lead to bank destabilization if erosion continues. Monitoring of slope conditions through this area is recommended to document any further incising or erosion at the toe-of-bank. Photo 3. Looking upstream at the pedestrian bridge near Seacliff Court in the upper-middle reach. Channel structure and vegetation is relatively unchanging throughout the reach (September 2015). Photo 4. Facing downstream, the lower portion of the reach as seen from approximately 350 upstream of the I-80 east off- ramp. Some signs of downcutting are present in this lower section (September 2015). Photo 5. Sediment deposition and instream emergent vegetation downstream of the 1st drop structure. Conditions were similar for all three drop structures (September 2015). Photo 6. Looking downstream from the top of the second drop structure. The concrete and RSP armoring appeared to be in good condition with no signs of erosion or cracking (September 2015). Las Trampas Creek @ Freeman Road Reach No. Upstream Cross Street Downstream Cross Street Length 8 ~500 feet upstream of Freeman Road Freeman Road 500 feet Contra Costa County Public Works – Stream Maintenance Program 1 of 4 July 2018 WATERSHED: Walnut Creek SUBBASIN: Las Trampas Creek LOCATION: Concrete portion of channel upstream of the Freeman Road crossing ADJACENT LAND USE: Single family residential area UPSTREAM: Earthen channel LENGTH: 500 feet AVERAGE TOP-OF-BANK WIDTH: 110 feet Photo 1. Looking downstream from the top of the access ramp (April 2017). REACH SETTING: Las Trampas Creek flows through a concrete trapezoidal channel with earthen channel upstream and downstream of the maintenance reach. The reach is relatively straight with a slight bend to the left approaching Freeman Road. Few trees grow along the top of the bank and vegetation is mostly absent from the left bank. Shallow soils overlaying the concrete support nonnative grasses and weedy species on the right bank. A concrete ramp off of Windtree Court provides vehicle access to the channel bed. Photo 2. Near the downstream end of the reach the banks steepen and the channel narrows as the creek transitions from concrete to earthen. Downstream of Freeman Road, the creek supports dense riparian woodland (April 2017). PHYSICAL CONDITIONS Active channel: Lateral movement is prohibited by the concrete banks. The active channel is defined by the ordinary high water mark (OHWM) with a relative surface width of 20 feet (approximately). Bed sediments/texture: Within the concrete channel, sediment (fine sands and silt) ranging in depth from 0 to 12 inches has accumulated over the concrete in areas. Bank structure: Aggregate concrete with slopes of 1.5:1 Water quality: Water appeared clear with no visible impairments (April 11, 2017). Water ranged in depth from 10 to 30 inches. Channel processes: This is a depositional reach. Cross sectional area appears larger than upstream and downstream reaches and may be more gently sloped. This potentially causes widening/shallowing of flows and results in lower velocities, despite the reduced roughness caused by the concrete bed and walls. Flow velocity increases approaching the downstream end of the reach where the cross sectional area becomes smaller and the active channel width condenses. Las Trampas Creek @ Freeman Road 2 of 4 Contra Costa County Public Works – Stream Maintenance Program July 2018 Figure 1. Las Trampas Creek at Freeman Road. BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: Las Trampas Creek maintains perennial flows with minimal flow during the late summer/fall. In the maintenance reach, the channel provides marginal habitat for aquatic species due to significant exposure and a general lack of instream complexity and refugia. Fine-grained, soft sediments over the concrete bed offer suitable substrate for benthic organisms and support some emergent vegetation along the toeslope. These areas may provide suitable habitat for invertebrates and amphibians. Vegetation Composition: Channel: Cattail (Typha sp.) is dominant in in areas of the channel where sediment had built up. Banks: Understory: The left bank supports minimal vegetation, due to bank hardening. The right bank is dominated by grasses, including ripgut brome (Bromus diandrus) and foxtail barley (Horedeum murinum). Horsetails (Equisetum sp.) are present in some areas, and cutleaf geranium (Geranium dissectum) is also common. Overstory/Canopy: Little shading exists over the channel in the upstream and downstream portions of the reach where the creek corridor supports riparian woodland. Some trees grow at the top-of- bank but provide little to no cover of the channel. Las Trampas Creek @ Freeman Road Contra Costa County Public Works – Stream Maintenance Program 3 of 4 July 2018 Potential for Sensitive Species and Fish or Wildlife Observations: Common Name Scientific Name Potential for occurring Plants big tarplant Blepharizonia plumosa Not expected. An historic CNDDB occurrence is located nearby, but this site support marginally suitable habitat for this species. The last natural population in Contra Costa County was extirpated in 1993 (USFWS 2014). The closest extant population is the experimental population in Wildcat Canyon Regional Park (USFWS 2014). Fish Steelhead/Rainbow Trout Oncorhynchus mykiss Not expected. Rainbow trout were documented in Las Trampas Creek in 1986 (Leidy 2005). However, the maintenance reach lacks deep pools, canopy cover, and refugia and this species would not likely occupy this area for long periods. Wildlife Pallid bat Antrozous pallidus Possible. The maintenance reach is within 1 mile of two CNDDB occurrences. Trees along the top of bank and directly upstream and downstream of the maintenance reach may provide potentially suitable roosting habitat. California red-legged frog Rana draytonii Not expected. A documented occurrence in January 2000 approximately 1.8 miles southwest of the maintenance reach. However, the site lacks deep pools and provides only marginal habitat with limited vegetative cover. For more detailed discussion on sensitive species, see Chapter 4 of the Manual. There are no designated critical habitats in the maintenance area. MAINTENANCE CONSIDERATIONS AND MANAGEMENT OPPORTUNITIES Maintenance activities are minimal in this reach. Routine maintenance activities include manual mowing of the right (south) bank. No mowing is required for the left bank. Future maintenance needs may involve sediment removal from the base of the access ramp to continue to allow for vehicular access to the channel (Photo 1). Periodic removal of 1 to 5 cubic yards of accumulated sediment may be necessary to keep the channel accessible. In addition, an instream bar has developed at the toe of the right (south) bank directly upstream of the access ramp (Photo 3), as well as a point bar at the toe of the left bank on the inside of a gradual bend near Freeman Road (Photo 4). Emergent vegetation has begun to grow in these depositional areas resulting in areas of lower energy and continued deposition. Routinely occurring, focused sediment removal in the maintenance reach would help reduce the need for widespread sediment removal downstream. This would be considered beneficial since the maintenance reach lacks soils on the left bank and the right bank supports only weedy vegetation, thereby lowering the biological value of the maintenance reach and reducing the potential to impact special status species. Instream maintenance activities would be limited to the late summer (August/September) when flows are minimal. Sediment removal would be limited to 500 cubic feet or less and impact an area approximately 0.22 acres. Las Trampas Creek @ Freeman Road 4 of 4 Contra Costa County Public Works – Stream Maintenance Program July 2018 Photo 3. Photo facing upstream. Cattail and instream vegetation grows along the margins of the channel. Sediment has accumulated along the toe of the south bank and the bottom of the access ramp (April 2017). Photo 4. Facing downstream, sediment has begun to accumulate along the toe of the north bank in the lower portion of the maintenance area. This sediment provides a substrate for emergent vegetation to establish and foster further deposition (April 2017). San Ramon Creek at Laurel Drive Upstream Cross Street Downstream Cross Street Length Laurel Drive Interstate 680 500 feet Contra Costa County Public Works – 2016 Maintenance Permitting 1 of 4 July 2018 WATERSHED: Walnut Creek SUBBASIN: San Ramon Creek LOCATION: Approximately 800 feet downstream of the pedestrian bridge and terminus of Laurel Drive ADJACENT LAND USE: Low density residential UPSTREAM: Concrete channel bed with low flow channel and rock riprap banks REACH LENGTH: 500 feet AVERAGE TOP-OF-BANK WIDTH: 90-110 feet Photo 1. Looking upstream, typical channel construction consists of a flat, concrete channel bed, a low-flow channel along the toe of the east bank (photo left), and rock riprap on both banks. This photo was taken near the upstream portion of the maintenance reach (April 2016). REACH SETTING: San Ramon Creek flows north through central Contra Costa County, parallel to Interstate 680, and is a major tributary to Walnut Creek. San Ramon Creek collects surface flows from dozens of smaller creeks draining from the Las Trampas Ridge to the west and the Diablo Range to the east. The San Ramon Creek Subwatershed, which is within the greater Walnut Creek Watershed, covers 51.4 square miles with approximately 136.7 miles of total channel length in the watershed. Nearly 74% of the surface channels in the watershed remain natural, 16% concrete reinforced, and 10% earthen-engineered (Contra Costa County 2003). The majority of the watershed is undeveloped with residential development increasing moving downstream. The maintenance reach is situated in the central-upper portion of the San Ramon Creek Watershed, just downstream of Laurel Drive in Danville in a residential neighborhood. San Ramon Creek collects surface flows from dozens of smaller creeks draining from the Las Trampas Ridge to the west and the Diablo Range the east. Within the maintenance reach, the creek flows through an earthen trapezoidal channel with gradual to moderately sloped rock riprap banks and an approximately 20-foot-wide, flat concrete bed. As shown in Photo 1, a low-flow channel runs along the concrete channel bed along the toe of the right bank (east side). A similar channel structure is present downstream and upstream of the maintenance reach. As shown in Figure 1, an unnamed drainage channel connects with the west bank (left bank) of the creek. Within this reach, there are also two concrete groins near the channel bends to help reduce flow velocities (Photo 3). Photo 2. Looking upstream from the downstream portion of the maintenance reach. Bank erosion and deposition have resulted in areas of instream sediment bars and areas for emergent vegetation growth (April 2016). PHYSICAL CONDITIONS Active channel: 30-foot-wide flat, concrete channel bed with inset low-flow channel along the toe of the right bank (east side) (Photos 1 and 2). The low- flow channel is lined with rock and concrete riprap. San Ramon Creek at Laurel Drive 2 of 4 Contra Costa County Public Works – 2016 Maintenance Permitting July 2018 Ordinary high water is about 3 feet above bed height. Bed sediments/texture: Channel mostly free of sediment. Some silt and fine sand with vegetation growth along channel margins. Several in-channel sediment bars were observed on the inside of bends nearing the downstream portion of the maintenance reach. Bank structure: Rock riprap banks moderately sloped at a 1:1 ratio (Photos 1 and 2). Much of the interstitial spaces in the riprap has been backfilled through upland erosion. Water quality: Water appeared clear (April 12, 2016). Water depth was approximately 6 inches. Channel processes: The flat, concrete bed decreases instream roughness allowing most suspended sediment to be transported through the maintenance reach. Additionally, rock riprap banks limit the volume of sediment generated within this reach of the creek. Moderate deposition occurs in the inset low-flow channel and along the margins of the channel. Deposition of fine material increases near the downstream end of the maintenance reach where the longitudinal slope decreases and the channel structure transitions from concrete and rock riprap to earthen bed and banks. Figure 1. San Ramon Creek at Laurel Drive. BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: Shallow water depth, minimal emergent vegetation, absence of bed substrate, and a lack of instream complexity and rufugia limit the aquatic habitat value. Habitat value increases in the downstream portions of the maintenance reach where emergent vegetation is more prevalent. Instream sediment bars may provide potential foraging and refugia for amphibians, waterfowl, or passerine bird species. San Ramon Creek at Laurel Drive Contra Costa County Public Works – 2016 Maintenance Permitting 3 of 4 July 2018 Vegetation Composition: Channel: The concrete channel bed is mostly void of vegetation. Emergent vegetation grows along the margins of the channel in areas where sediment has accumulated. Giant horsetail (Equisetum telmateia), knotgrass (Paspalum dilatatum), and cattail (Typha sp.) are the dominant species with watercress (Nasturtium officinale), mugwort (Artemisia douglasiana), and lamb’s quarters (Chenopodium album) present. Banks: Understory: Density and diversity of bank vegetation varies depending on canopy cover and the amount of upland erosion and presence of soils within the rock riprap. Giant horsetail is widely distributed. Reed fescue (Festuca arundinacea), Smilo grass (Stipa miliacea), miner’s lettuce (Claytonia perfoliata), pacific pea (Lathyrus vestitus), English ivy (Hedera helix), poison oak (Toxicodendron diversilobum), ripgut brome (Bromus diandrus), and cut-leaved geranium (Geranium dissectum) are other commonly occurring species. Overstory/Canopy: The overstory is composed of a diverse mix of tree species of varying ages. Coast live oak (Quercus agrifolia) is the predominant species. Other tree species include valley oak (Quercus lobata), willow (Salix sp.), California buckeye (Aesculus californica), walnut (Jugans sp.), pine (Pinus sp.), eucalyptus (Eucalyptus sp.), and common fig (Ficus carica). Canopy cover over the mid and upper banks ranges from 75-100 percent throughout most of the maintenance reach. Potential for Sensitive Species: Common Name Scientific Name Distance to Known Occurrence (miles) Potential for Occurring Plants Congdon’s tarplant Centromadia parryi ssp. congdonii 0.75 None. Found in valley and foothill grassland. Maintenance site lacks suitable habitat. San Joaquin spearscale Extriplex joaquinana No specific occurrence site, but less than 1 mile None. Historic occurrence, possibly extirpated. Inhabits chenopod scrub, alkali meadows, playas, and valley and foothill grassland. Maintenance site lacks suitable habitat. Fragrant fritillary Fritillaria liliacea No specific occurrence site, but less than 1 mile None. Often associated with serpentine soils. Inhabits cismontane woodland, coastal prairie, coastal scrub, and valley grassland. Maintenance site lacks suitable habitat. Wildlife California Red- legged Frog Rana draytonii 1.90 Not expected. No deep water pools observed near the maintenance site. California Tiger Salamander Ambystoma californiense 0.68 Not expected. Found in grassland, oak savanna, and at the edges of mixed woodland, where there is access to temporary breeding pools. Residential development surrounds the land adjacent to the riparian corridor. Alameda Whipsnake Masticophis lateralis euryxanthu No specific occurrence site, but less than 1 mile Not expected. No oak woodland or scrub habitat communities or observed rodent burrows in close proximity to the maintenance site. Source: CDFW 2016; CNPS 2016; USFWS 2016. San Ramon Creek at Laurel Drive 4 of 4 Contra Costa County Public Works – 2016 Maintenance Permitting July 2018 CHANNEL MAINTENANCE CONSIDERATIONS The primary maintenance concern at this site includes sediment accumulation at the downstream end of the maintenance reach and emergent vegetation growth along the margins of the channel where sediment accumulation has occurred. Maintenance considerations include removing sediment within the concrete-lined portion of the channel bed. Sediment removal activities would not occur along the entire length of the channel but would instead be concentrated at the downstream end of the maintenance reach and near the low-flow channel where deposition is greatest. Additionally, maintenance activities would be restricted to the center of the channel and margins of the low-flow channel in order to avoid any possible contact with the rock riprap. The work area is accessible to vehicles and equipment via a concrete access ramp off of Old Farm Road near Laurel Drive, approximately 800 feet upstream of the maintenance reach. The accumulated sediment would be removed using a Spyder walking excavator, a loader, and dump trucks. Work would be conducted during the summer months when the channel is as dry as possible. However, due to the El Niño rainy season, channel dewatering may be required to allow equipment access to the channel to remove accumulated sediment. Excavated material would be transported to a designated spoils disposal area on the upper bank near Sycamore Valley Road where water would be allowed to drain before being disposed of in upland areas within the watershed. Photo 3. Several large concrete groins are located near channel bends to reduce flow velocity. The upstream and downstream banks near these groins are protected with grouted rock riprap. One of these groins is within the maintenance reach (April 2016). Photo 4. Facing upstream with the concrete access ramp leading down into the channel on the east bank (photo left). A pedestrian bridge spans the channel near the terminus of Laurel Drive and connects to Old Farm Road. Farther upstream, a large drop structure can be seen in the background (April 2016). REFERENCES California Department of Fish and Wildlife (CDFW). 2016. California Natural Diversity Database. Available: http://www.dfg.ca.gov/biogeodata/cnddb/. Accessed April 22, 2016. California Native Plant Society (CNPS). 2016. Inventory of Rare and Endangered Plants (online edition, v.8-02). Available: http://www.rareplants.cnps.org. Accessed April 22, 2016. Contra Costa County. 2003. Contra Costa County Watershed Atlas. Prepared by Contra Costa County Community Development Department and Contra Costa County Public Works Department. Available: http://cocowaterweb.org/wp-content/uploads/Watershed-Atlas.pdf. Accessed April 22, 2016. U.S. Fish and Wildlife Service (USFWS). 2016. Critical Habitat Portal. Available: http://ecos.fws.gov/ecp/report/table/critical-habitat.html. Accessed April 22, 2016. San Ramon Creek at Brookdale Avenue Upstream Cross Street Downstream Cross Street Brookdale Avenue Rudgear Road Contra Costa County Public Works – Stream Maintenance Program 1 of 4 July 2018 WATERSHED: Walnut Creek SUBBASIN: San Ramon Creek LOCATION: In the vicinity of Brookdale Avenue ADJACENT LAND USE: Single family residential, Highway 680 UPSTREAM: Linear, trapezoidal channel with grouted banks for approximately 0.5 miles upstream AVERAGE TOP-OF-BANK WIDTH: 75 feet Photo 1. Transition between earthen bed with grouted riprap banks and concrete channel downstream. Some material accumulates on the upstream side of the concrete weir (December 2017). REACH SETTING: San Ramon Creek flows north through central Contra Costa County, parallel to Interstate 680, and is a major tributary to Walnut Creek. San Ramon Creek collects surface flows from dozens of smaller creeks draining from the Las Trampas Ridge to the west and the Diablo Range to the east. The San Ramon Creek Subwatershed, which is within the greater Walnut Creek Watershed, covers 51.4 square miles with approximately 136.7 miles of total channel length in the watershed. Nearly 74% of the surface channels in the watershed remain natural, 16% concrete reinforced, and 10% earthen-engineered (Contra Costa County 2003). The majority of the watershed is undeveloped with residential development increasing moving downstream. The maintenance reach is located in the lower portion of the San Ramon Creek subwatershed and consists of grouted riprap channel. San Ramon Creek collects surface flows from dozens of smaller creeks draining from the Las Trampas Ridge to the west and the Diablo Range to the east. Photo 2. Looking upstream within the maintenance reach. (December 2017). PHYSICAL CONDITIONS Active channel: 30-foot-wide earthen bed (Photos 1 and 2). Ordinary high water is about 6.0 feet above bed height. Bed sediments/texture: Fine sediment over large cobble and boulders Bank structure: Grouted earthen/rock banks (Photo 3). Water quality: Water appeared clear (December 1, 2017). Water depth was approximately 8 inches at the thalweg. Channel processes: Hardened banks limit natural process and channel migration. Upstream sediment transported through the reach with minimal deposition. San Ramon Creek at Brookdale Avenue 2 of 4 Contra Costa County Public Works – Stream Maintenance Program July 2018 Figure 1. San Ramon Creek at Brookdale Avenue San Ramon Creek at Brookdale Avenue Contra Costa County Public Works – Stream Maintenance Program 3 of 4 July 2018 BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: Uniform channel lacks instream complexity (e.g., large woody debris, overhanging vegetation, changes in bed structure, etc.). Marginal habitat for aquatic species due to fast moving flows during high flow events, minimal bed material, and a lack of rufugia. Vegetation Composition: Channel: The channel is generally devoid of vegetation. A small clump of cattail (Typha sp.) was observed at the upstream face of the concrete weir. Banks: Banks are grouted riprap and restrict vegetative growth. Some herbaceous species such as western goldenrod (Euthamia occidentalis), bermuda grass (Cynodon dactylon), and non-native grasses were observed growing just above the water line, but bank vegetation is generally sparse. Mature trees line the top of bank and include both native and non-native species, with coast live oak (Quercus agrifolia) dominant and pine (Pinus sp.), walnut (Juglans sp.), Peruvian peppertree (Schinus mole), and oleander (Nerium oleander) present. Potential for Sensitive Species: Common Name Scientific Name Distance to Known Occurrence (miles) Potential for Occurring Plants Big tarplant Blepharizonia plumosa 2.1 None. Inhabit valley and foothill grassland. Channel constructed of concrete and surrounded by urban landscape – lacks suitable habitat. Jepson's coyote-thistle Eryngium jepsonii 2.17 Fragrant fritillary Fritillaria liliacea 2.83 None. Inhabit valley and foothill grassland. Channel constructed of concrete and surrounded by urban landscape – lacks suitable habitat. Diablo helianthella Helianthella castanea 0.82 None. Found in a wide variety of upland habitats. Maintenance site lacks soils and suitable habitat. Contra Costa goldfields Lasthenia conjugens 2.1 None. Inhabit valley grassland, vernal pools, and foothill woodland. Channel constructed of concrete and surrounded by urban landscape – lacks suitable habitat. Oval-leaved viburnum Viburnum ellipticum 1.79 None. Inhabit chaparral, cismontane woodland, and lower montane coniferous forest. Channel constructed of concrete and surrounded by urban landscape – lacks suitable habitat. Wildlife California Red-legged Frog Rana draytonii 1.88 None. Engineered channel with grouted riprap or concrete bed and banks– lacks suitable habitat and cover. California Tiger Salamander Ambystoma californiense 2.1 None. Engineered channel with grouted riprap or concrete bed and banks San Ramon Creek at Brookdale Avenue 4 of 4 Contra Costa County Public Works – Stream Maintenance Program July 2018 surrounded by residential and urban development. Lacks suitable habitat and cover. Pallid bat Antrozous pallidus 1.18 None. Found in a wide variety of habitats. Maintenance site lacks suitable habitat. Alameda Whipsnake Masticophis lateralis euryxanthu No specific occurrence site, but less than 1 mile None. Engineered channel with grouted riprap or concrete bed and banks– lacks suitable habitat and cover. Adjacent area developed. Sugar Loaf Open Space nearby but separated from the maintenance area by I-680. No oak woodland or scrub habitat communities nearby. Source: CDFW 2016; CNPS 2016; USFWS 2016. MAINTENANCE CONSIDERATIONS OPPORTUNITIES Within this reach, maintenance activities focus on trash and debris removal, and as needed removal of fallen trees. Debris removal work would occur during the summer months (August/September) when flows are lowest and consist mostly of nuisance water. Photo 3. Grouted riprap bank (December 2017). Photo 4. Vegetation growing along the margins of the wetted channel (December 2017). REFERENCES California Department of Fish and Wildlife (CDFW). 2016. California Natural Diversity Database. Available: http://www.dfg.ca.gov/biogeodata/cnddb/. Accessed April 22, 2016. California Native Plant Society (CNPS). 2016. Inventory of Rare and Endangered Plants (online edition, v.8-02). Available: http://www.rareplants.cnps.org. Accessed April 22, 2016. Contra Costa County. 2003. Contra Costa County Watershed Atlas. Prepared by Contra Costa County Community Development Department and Contra Costa County Public Works Department. Available: http://cocowaterweb.org/wp-content/uploads/Watershed-Atlas.pdf. Accessed April 22, 2016. U.S. Fish and Wildlife Service (USFWS). 2016. Critical Habitat Portal. Available: http://ecos.fws.gov/ecp/report/table/critical-habitat.html. Accessed April 22, 2016. Sycamore Creek at Park Hill Road Upstream Cross Street Downstream Cross Street Length Park Hill Road San Ramon Creek confluence 4,200 feet Contra Costa County Public Works – Stream Maintenance Program 1 of 4 July 2018 WATERSHED: Walnut Creek SUBBASIN: Sycamore Creek LOCATION: Adjacent to Sycamore Valley Road ADJACENT LAND USE: Single family residential UPSTREAM: Earthen channel upstream REACH LENGTH: 4,200 feet AVERAGE TOP-OF-BANK WIDTH: 65-75 feet Photo 1. Looking upstream from Tunbridge Road (June 2018). REACH SETTING: Sycamore Creek flows northwest from central Contra Costa County and the southwest foothills of Mount Diablo, through the Blackhawk community and the Sycamore Valley Regional Open Space Preserve, parallel to Camino Tassajara/Sycamore Valley Road, and into San Ramon Creek approximately 1,000 feet downstream of Morninghome Road. The Sycamore Creek Subwatershed, which is within the greater Walnut Creek Watershed, covers 8.1 square miles with an approximately flow path of 9 miles. Most of the surface channels in the watershed remain natural until passing under Sycamore Valley Road at Park Hill Road, where it then converts to an earthen-engineered, linear channel. The majority of the watershed is undeveloped with residential development increasing moving downstream. The maintenance reach is located in the lower portion of the Sycamore Creek subwatershed downstream of Sycamore Valley Road at Park Hill Road to the confluence with San Ramon Creek downstream of Morninghill Road (Figure 1). Photo 2. Looking upstream from Morninghome Road (June 2018). PHYSICAL CONDITIONS Active channel: 16-foot-wide earthen bed (Photos 1 and 2). Ordinary high water is about 1.5 feet above bed height. Bed sediments/texture: Large boulders embedded in fine silt. Some areas of sand and silt deposition. Bank structure: Earthen banks throughout reach. Rock boulders and/or grouted riprap section are located upstream and downstream of bridges, grade control structures, and concrete groins. A 5- foot tall flood wall has been constructed on top of the right bank upstream of Morninghome Road. Water quality: Water appeared murky with very high levels of algal growth (June 13, 2018). Water depth was approximately 5 to 20 inches with some shallow runs through grade control structures and deeper pools following runs. Channel processes: Most of the channel appeared relatively stable with some depositional areas along the toe of bank near grade control structures and bridge crossings. Some portions of the channel appear to be incising and/or widening, though lateral adjustment appears limited due a narrow right-of-way. Several areas of active bank erosion Sycamore Creek at Park Hill Road 2 of 4 Contra Costa County Public Works – Stream Maintenance Program July 2018 were observed on the left bank, with significant erosion and/or sheering of the left bank between Sycamore Valley Road and Turnbridge Road, approximately 75 feet downstream of Tunbridge Road, and 75 feet upstream from Old Orchard Drive. These erosional areas may be in response to increased flow downstream of stormwater culverts. Observations suggest neutral to supply-limited conditions with respect to the transport capacity of the channel. Figure 1. Sycamore Creek at Park Hill Road. BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: Perennial water provides habitat for aquatic species. The linear channel and simple plan form limit instream complexity but emergent vegetation and deeper pools downstream of grade control structures provide some instream complexity. During a June 2018 site visit, Pacific treefrog (Pseudacris sierra), American bullfrog (Lithobates catesbeianus), and western fence lizards (Sceloporus occidentalis bocourtii) were detected within the channel, while a Black-crowned Night Heron (Nycticorax nycticorax) and female Mallard (Anas platyrhynchos) with six chicks were observed foraging. Deeper pools may provide suitable habitat for western pond turtle (Actinemys marmorata), though none were observed. The channel provides suitable foraging and/or habitat for other wading birds (e.g., Great Egret [Ardea alba] and Great Blue Heron [Ardea Herodias]) and several passerine species (e.g., Northern Rough-winged Swallow [Stelgidopteryx serripennis], Black Phoebe [Sayornis nigricans], and Red-winged Blackbird [Agelaius phoeniceus]). Signs of mammalian presence were also noted during the site visit (i.e., squirrels [Sciurus sp.], raccoon [Procyon lotor] scat, and several apparent burrows at the toe of the bank slope). Striped skunk (Mephitis mephitis) and coyote (Canis latrans) likely use the channel as a movement corridor as well. Sycamore Creek at Park Hill Road Contra Costa County Public Works – Stream Maintenance Program 3 of 4 July 2018 Vegetation Composition: Channel: The wetted channel varies from open water to dense emergent vegetation. Instream vegetation consists of stands of watercress (Nasturtium officinale), dense pockets of cattail (Typha sp.) and/or bulrush (Schoenoplectus sp.). The margins of the wetted channel also support other emergent vegetation, such as tall flat sedge (Cyperus eragrostis), fringed willowherb (Epilobium ciliatum), ditch beard grass (Polypogon interruptus), rabbitsfoot grass (Polypogon monspeliensis), white sweetclover (Melilotus albus), curly dock (Rumex crispus), common knotweed (Persicaria lapathifolia), and fat- hen (Atriplex prostrata). Some willow (Salix sp.) saplings were growing from depositional areas. Banks: A variety of mature oaks (Quercus spp.), walnut (Juglans sp.), sycamore (Platanus racemosa), and various street trees line the top of the left bank along Sycamore Valley Road while eucalyptus trees (Eucalyptus spp.) line the top of the right bank along a paved pedestrian trail. Canopy cover over the mid and upper banks ranges from 0-50 percent throughout most of the maintenance reach. The bank understory is dominated by non-native grasses and weedy herbaceous species. Grasses present include wild oats (Avena sp.), ripgut brome (Bromus diandrus), Italian rye (Festuca perennis), Harding grass (Phalaris aquatica), and foxtail barley (Horedeum murinum). Bristly oxtongue (Helminthotheca echioides), Italian thistle (Carduus pycnocephalus), hoary mustard (Hirschfeldia incana), and hedgeparsley (Torilis arvensis) were widely established. Dense patches of native mugwort (Artemisia douglasiana) were observed near Tunbridge Road. Some small to moderate sized oaks were also scattered in the understory. Potential for Sensitive Species: Common Name Scientific Name Distance to Known Occurrence (miles) Potential for Occurring Plants Congdon's tarplant Centromadia parryi ssp. congdonii 0.08 Not expected. Marginally suitable habitat is present in the maintenance area. fragrant fritillary Fritillaria liliacea 0.20 Not expected. Marginally suitable habitat is present in the maintenance area. San Joaquin spearscale Extriplex joaquinana 0.20 None. Suitable habitat is not present. Wildlife California Red- legged Frog Rana draytonii 1.30 Not expected. Occurrences in the vicinity. Overall habitat is marginally suitable. Potentially suitable pools within the maintenance reach. California tiger salamander Ambystoma californiense 1.00 None. Suitable habitat is not present. Alameda Whipsnake Masticophis lateralis euryxanthu No specific occurrence site, but less than 1 mile. Not expected. Marginally suitable habitat is present in the maintenance area. pallid bat Antrozous pallidus 0.20 Not expected. Marginally suitable habitat is present in the maintenance area. western pond turtle Actinemys marmorata 4.50 Possible. Potentially suitable habitat is present Source: CDFW 2018 MAINTENANCE CONSIDERATIONS OPPORTUNITIES Within this reach, routine maintenance activities focus on trash and debris removal, and as needed removal of fallen trees. Debris removal work would occur during the summer months (August/September) when flows are lowest. Sycamore Creek at Park Hill Road 4 of 4 Contra Costa County Public Works – Stream Maintenance Program July 2018 Other maintenance needs include removal of dense emergent vegetation (see Photo 4), particularly downstream of Old Orchard Drive and Morninghome Road and near grade control structures and bridge crossings. Sheering of the left bank approximately 75 feet downstream of Tunbridge Road was observed and may require bank stabilization (Photo 5). This erosional area may be a result of increased energy from stormwater flows associated with a relatively large culvert outfall directly upstream of this location. Removal of an Albizia tree on the right bank downstream of Morninghome Road bridge may be necessary. The non- native tree is growing from a sacked concrete bank and may result in structural damage to the bridge and/or bank (Photo 6). Photo 3. Grade control structure upstream of Old Orchard Drive (June 2018). Photo 4. Dense cattail fills several portions of the channel, occurring more frequently downstream of Old Orchard Drive (June 2018). Photo 5. Severe bank (left bank) erosion downstream of Tunbridge Road (June 2018). Photo 6. An Albizia tree grows from the sacked concrete on the right bank downstream of Morninghome Road bridge. (June 2018). REFERENCES California Department of Fish and Wildlife (CDFW). 2018. California Natural Diversity Database. Available: http://www.dfg.ca.gov/biogeodata/cnddb/. Accessed June 15, 2018. San Ramon Creek at Blackhawk Road Upstream Cross Street Downstream Cross Street Live Oak Drive Blackhawk Road Contra Costa County Public Works – Stream Maintenance Program 1 of 4 July 2018 WATERSHED: Walnut Creek SUBBASIN: San Ramon Creek LOCATION: Adjacent Live Oak Court ADJACENT LAND USE: Single family residential, golf course UPSTREAM: Earthen channel upstream AVERAGE TOP-OF-BANK WIDTH: 50 feet Photo 1. Looking upstream within the maintenance reach (December 2017). REACH SETTING: San Ramon Creek flows north through central Contra Costa County, parallel to Interstate 680, and is a major tributary to Walnut Creek. San Ramon Creek collects surface flows from dozens of smaller creeks draining from the Las Trampas Ridge to the west and the Diablo Range to the east. The San Ramon Creek Subwatershed, which is within the greater Walnut Creek Watershed, covers 51.4 square miles with approximately 136.7 miles of total channel length in the watershed. Nearly 74% of the surface channels in the watershed remain natural, 16% concrete reinforced, and 10% earthen-engineered (Contra Costa County 2003). The majority of the watershed is undeveloped with residential development increasing moving downstream. The maintenance reach is located in the upper portion of the San Ramon Creek subwatershed and consists of an earthen channel. San Ramon Creek collects surface flows from dozens of smaller creeks draining from the Las Trampas Ridge to the west and the Diablo Range to the east. Photo 2. Looking downstream towards the culvert under Blackhawk Road. (December 2017). PHYSICAL CONDITIONS Active channel: 6-foot-wide earthen bed (Photo 1). Ordinary high water is about 1.5 feet above bed height. Bed sediments/texture: Generally fine sand with imbedded cobble and course gravel (Photo 3). Some areas of finer sediment deposition. Bank structure: Earthen banks Water quality: Water appeared clear (December 1, 2017). Water depth was approximately 0-5 inches. Channel processes: Several areas of active bank erosion observed. In addition, sparsely vegetated, steep banks likely promote colluvium to augment instream sediment loads. Some portions of the channel appear to be incising and/or widening, though lateral adjustment appears limited due to a steep hillslopes and residential development on the left (south) bank. Observations suggest neutral to supply-limited conditions with respect to the transport capacity of the channel. San Ramon Creek at Blackhawk Road 2 of 4 Contra Costa County Public Works – 2016 Maintenance Permitting July 2018 Figure 1. San Ramon Creek at Blackhawk Road. San Ramon Creek at Blackhawk Road Contra Costa County Public Works – Stream Maintenance Program 3 of 4 July 2018 BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: The largely unmodified channel and dense canopy cover provides suitable habitat and protection for many aquatic species during periods of inundation and/or flow. However, the channel experiences seasonal flows, drying up sometime during the late summer/fall. In addition, instream complexity is limited due to a relatively simply channel form, limited bank and emergent vegetation, and a general lack of large woody debris or roughness. A few small sections of undercut bank and/or scour areas do provide some refugia. Vegetation Composition: Channel: The channel is mostly void of vegetation. Banks: The understory is sparsely vegetated but with areas of dense herbaceous growth where the overstory is thin. Himalayan blackberry (Rubus armeniacus) is dominant with other herbaceous species present, including non-native Italian thistle (Carduus pycnocephalus), poison hemlock (Conium maculatum), and wild oats (Avena sp.), and native mugwort (Artemisia douglasiana), California blackberry (Rubus ursinus), stinging nettle (Urtica dioica), poison oak (Toxicodendron diversilobum), and common snowberry (Symphoricarpos albus). The canopy is dense and is dominated by coast live oak (Quercus agrifolia) with California buckeye (Aesculus californica) and California sycamore (Platanus racemosa) present. Potential for Sensitive Species: Common Name Scientific Name Distance to Known Occurrence (miles) Potential for Occurring Plants Mt. Diablo manzanita Arctostaphylos auriculata 1.30 None. Suitable habitat is not present. Contra Costa manzanita Arctostaphylos manzanita ssp. laevigata 1.30 None. Suitable habitat is not present. Mt. Diablo Fairy Lantern Calochortus pulchellus 1.43 None. Suitable habitat is not present. Diablo helianthella Helianthella castanea 1.13 None. Suitable habitat is not present. Oval-leaved viburnum Viburnum ellipticum 0.67 None. Suitable habitat is not present. Wildlife California Red-legged Frog Rana draytonii 1.14 None. No suitable pools within the maintenance reach. Critical habitat is approximately 0.3 miles to the northwest. Alameda Whipsnake Masticophis lateralis euryxanthu No specific occurrence site, but less than 1 mile. Possible. Potentially suitable habitat is present. Critical habitat is located approximately 0.2 miles to the northwest. San Joaquin kit fox Vulpes macrotis mutica 0.40 Not expected. Marginally suitable habitat is present in the maintenance area. Source: CDFW 2018; CNPS 2018; USFWS 2018. San Ramon Creek at Blackhawk Road 4 of 4 Contra Costa County Public Works – 2016 Maintenance Permitting July 2018 MAINTENANCE CONSIDERATIONS OPPORTUNITIES Within this reach, maintenance activities focus on trash and debris removal, and as needed removal of fallen trees. Debris removal work would occur during the summer months (August/September) when flows are lowest and/or the channel is dry. Photo 3. Channel bed (December 2017). Photo 4. Looking upstream in the middle portion of the reach (December 2017). REFERENCES California Department of Fish and Wildlife (CDFW). 2018. California Natural Diversity Database. Available: http://www.dfg.ca.gov/biogeodata/cnddb/. Accessed January 25, 2018. California Native Plant Society (CNPS). 2018. Inventory of Rare and Endangered Plants (online edition, v.8-02). Available: http://www.rareplants.cnps.org. Accessed January 25, 2018. Contra Costa County. 2003. Contra Costa County Watershed Atlas. Prepared by Contra Costa County Community Development Department and Contra Costa County Public Works Department. Available: http://cocowaterweb.org/wp-content/uploads/Watershed-Atlas.pdf. Accessed April 22, 2016. U.S. Fish and Wildlife Service (USFWS). 2018. Critical Habitat Portal. Available: http://ecos.fws.gov/ecp/report/table/critical-habitat.html. Accessed January 25, 2018. Green Valley Creek at Diablo Road Reach No. Upstream Cross Street Downstream Cross Street Length 12 Diablo Road Highbridge Lane 1,250 feet Contra Costa County Public Works – Stream Maintenance Program 1 of 4 July 2018 WATERSHED: Walnut Creek SUBBASIN: Green Valley Creek LOCATION: Downstream of Diablo Road west to Highbridge Lane in the Town of Danville ADJACENT LAND USE: Single family residential UPSTREAM: Engineered earthen channel LENGTH: 1,250 feet AVERAGE TOP-OF-BANK WIDTH: 50 feet Photo 1. Looking downstream, in the upper portion of the reach. Cattail dominant foreground (December 2017). REACH SETTING: This maintenance reach along Green Valley Creek stretches from Diablo Road downstream to Highbridge Lane. The creek flows through an engineered, trapezoidal, earthen channel. The creek corridor is relatively straight and confined by residential development beyond the top-of-bank. From Diablo Road, a gravel access road is located along the top of the left (south) bank. Maintenance access to the right (north) bank is also available from Highbridge Lane. Photo 2. Looking upstream from the downstream portion of the reach (December 2017). PHYSICAL CONDITIONS Active channel: The active channel is approximately 20 feet in width. The channel maintains a linear, relatively simply trapezoidal form. Bed sediments/texture: Fine sands and silts Bank structure: The channel is incised with very steep banks approximately 8-10 feet tall. Some stretches of the channel are near vertical with active sloughing observed (Photos 1, 3, and 4). Water quality: Water appeared clear (December 1, 2017). Channel processes: The incised channel confines flow between the bank toes and restricts channel meander. Both banks appear to be actively eroding throughout this reach. Recent sloughing has resulted in some portions of the channel near vertical. Slumping of the upper banks was observed in multiple locations, increasing in frequency moving downstream. A large evulsion is impacting the right (north) bank upstream of the pedestrian bridge near the downstream end of the reach. Past bank stabilization efforts using jute and plastic sheeting and/or large boulders were observed. This reach appears to be supply-limited with respect to the transport capacity of the channel and acts as a sediment source for downstream reaches. Green Valley Creek at Diablo Road 2 of 4 Contra Costa County Public Works – Stream Maintenance Program July 2018 Figure 1. Green Valley Creek at Diablo Road. BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: The channel experiences year-round flows. The channel provides moderate habitat and protection for aquatic species. Vegetation Composition: Channel: Cattail (Typha sp.) is dominant in portions of the channel. Banks: Understory: The banks are dominated by a variety of grass species. Overstory/Canopy: Scattered mature trees at located at the top of bank, including valley oak (Quercus lobata), walnut (Juglans sp.), and coast live oak (Quercus agrifolia). Overstory canopy is sparse. MAINTENANCE CONSIDERATIONS AND MANAGEMENT OPPORTUNITIES Routine maintenance activities that occur in this reach are manual mowing and tree trimming. Maintenance priorities in this reach should consider monitoring and eventually addressing bank slumps. Green Valley Creek at Diablo Road Contra Costa County Public Works – Stream Maintenance Program 3 of 4 July 2018 Potential for Sensitive Species and Fish or Wildlife Observations: Common Name Scientific Name Distance to Known Occurrence (miles) Potential for Occurring Plants Diablo helianthella Helianthella castanea 2 Not expected. Marginally suitable habitat exists in this reach. Congdon's tarplant Centromadia parryi ssp. congdonii 0.2 Not expected. Marginally suitable habitat exists in this reach. Fragrant fritillary Fritillaria liliacea 0 Not expected. Marginally suitable habitat exists in this reach. Reach is within a CNDDB occurrence. Fish Sacramento perch Archoplites interruptus 11 Not expected. Marginally suitable habitat exists in this reach. Found in Walnut Creek Watershed (Leidy 2007). Wildlife Pallid bat Antrozous pallidus 0 Possible. Trees present in the reach provide potentially suitable roosting habitat. Reach is within a CNDDB occurrence. Townsend's big- eared bat Corynorhinus townsendii 2 Not Expected. Reach located 2 miles south of a historic CNDDB occurrence. Suitable roosting sites in reach are limited. Alameda Whipsnake Masticophis lateralis euryxanthus Within quadrangle (sensitive occurrence) Possible. Marginal habitat present in reach and nearby. California Red- legged Frog Rana draytonii 2 Possible. Multiple occurrences reported two miles east, upstream on East Branch Green Valley Creek. San Joaquin Kit Fox Vulpes macrotis mutica 4 Not Expected. Single occurrence reported 4 miles east in 1990. Reach does not contain ideal habitat. Source: CDFW 2018; CNPS 2018; USFWS 2018. Green Valley Creek at Diablo Road 4 of 4 Contra Costa County Public Works – Stream Maintenance Program July 2018 For more detailed discussion on sensitive species, see Chapter 4 of the Manual. Photo 3. Riprap is present on the bank near the downstream end of the reach (December 2017). Photo 4. Bank slump (December 2017). Pacheco Creek - Viano Basin Reach No. Upstream Cross Street Downstream Cross Street Length 13 1,100 feet east of Morello Boulevard Culvert under railroad crossing N/A Contra Costa County Public Works – Stream Maintenance Program 1 of 5 July 2018 WATERSHED: Walnut Creek SUBBASIN: Pacheco Creek LOCATION: Approximately 1,100 feet east of Morello Boulevard, directly adjacent to Viano Vineyards ADJACENT LAND USE: Agricultural areas and open space UPSTREAM: Earthen channel LENGTH: N/A AVERAGE TOP-OF-BANK WIDTH: N/A Photo 1. Looking at Viano Basin from near the culvert intake under the railway crossing. Low flows are confined to an earthen channel that passes through the basin (September 2015). REACH SETTING: The maintenance reach is an engineered detention basin that drains areas of central Martinez and southern Vine Hill. The reach is near the edge of lower portion of the Walnut Creek Watershed floodplain with hills to the west and floodplain just downstream. An elevated railway creates an impassable berm to the north requiring surface waters to pass underneath via concrete culverts. Adjacent land uses include vineyards to the west and south, a railroad along the northern edge, and residential and industrial areas to the north and east. Photo 2. The low flow channel as it approaches the trash rack and culvert opening. The channel maintains perennial flows (September 2015). PHYSICAL CONDITIONS Active channel: Surface waters enter the basin’s southwest corner via a 25-foot wide (approximate) natural earthen channel. The channel bends to the east and conveys low flows through the basin to a grated culvert (Photos 2 and 4). This low flow channel varies from 5 to 8 feet wide with a depth of 3-5 feet below the top of the bank with several deeper pool areas. Bed sediments/texture: Loam, cobbles and boulders. Bank structure: Low flow channel has earthen banks, approximately 4 feet high at a slope of 1:1. Water quality: Flowing water was confined to the low flow channel and appeared clear with no visible impairments (April 11, 2017). The floodplain was not activated during the site visit. However, evidence of recent flooding (e.g., drift deposits, bent over vegetation, water staining) was apparent near the low flow channel. Channel processes: The basin functions as a temporary detention area for storm flows before passing through the grated culvert at the northeast corner. During periods of high flow, waters may overtop the bank and fill lower areas of the basin. This bank flooding diffuses flow over a larger area thereby reducing flow energy and allowing for suspended sediment generated upstream to settle out of the water column and deposit in the basin. Pacheco Creek - Viano Basin 2 of 5 Contra Costa County Public Works – Stream Maintenance Program July 2018 Cattail and other emergent vegetation has established in some the lower, more frequently wetted areas within the detention basin (Photo 3). Moving downstream, water is concentrated in the low flow channel again as it exits the detention basin through a grated (trash rack) culvert. Figure 1. Viano Basin, with railroad tracks to the north and Morello Ave to the west. Pacheco Creek - Viano Basin Contra Costa County Public Works – Stream Maintenance Program 3 of 5 July 2018 BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: The maintenance reach supports relatively high value aquatic habitat. The low flow channel maintains perennial flow and consists of a mix of medium to coarse material, including some gravel and boulders. Mature trees shade most of the channel and some bank undercutting and overhanging vegetation may serve as refugia for many aquatic species, such as fish, crayfish (Pacifastacus leniusculus), Sierran treefrog (Pseudacris sierra), American bullfrog (Rana catesbeiana), and slender salamander (Batrachoseps attenuates). Some passerine and songbirds may nest in areas supporting dense cattail growth. Vegetation Composition: Channel: Cattail (Typha sp.) is dominant in the channel, with hardstem bulrush (Schoenoplectus acutus) subdominant. Rough cocklebur (Xanthium strumarium) and watercress (Nasturtium officinale) are also present. Banks: Understory: Non-native species dominate the understory, including wild oat (Avena fatua), ripgut brome (Bromus diandrus), barley (Hordeum sp.) rescue grass (Bromus catharticus), cutleaf geranium (Geranium dissectum), and dock (Rumex sp.). Perennial pepperweed (Lepidium latifolium) and wild radish (Raphanus sativus) are present in some areas. Overstory/Canopy: Willows (Salix sp.), including non-native weeping willow, are dominant in the canopy. A variety of other native species present, such as cottonwood (Populus fremontii), valley oak (Quercus lobata), Oregon ash (Fraxinus latifolia), and walnut (Juglans sp.). Overstory canopy cover is generally high. Potential for Sensitive Species and Fish or Wildlife Observations: Scientific Name Common Name Potential for occurring Plants Cicuta maculata var. bolanderi Bolander's water- hemlock Not expected. Marginally suitable habitat exists in this reach. Centromadia parryi ssp. congdonii Congdon's tarplant Not expected. Marginally suitable habitat exists in this reach. Wildlife Agelaius tricolor Tricolored Blackbird Not Expected. Documented CNDDB occurrence ~1 mile north. However, maintenance site provides only limited habitat. Emys marmorata western pond turtle Possible. Known to occur in Walnut Creek. Suitable habitat is present and one CNDDB occurrence is located 1 mile downstream of the reach. Another occurrence is 1.8 miles southeast in a similar channel. Masticophis lateralis euryxanthus Alameda Whipsnake Not expected. Marginally suitable habitat near the reach. However, available habitat limited in size and connectivity to higher value habitat by residential and urban development. For more detailed discussion on sensitive species, see Chapter 4 of the Manual. Pacheco Creek - Viano Basin 4 of 5 Contra Costa County Public Works – Stream Maintenance Program July 2018 MAINTENANCE CONSIDERATIONS AND MANAGEMENT OPPORTUNITIES Primary maintenance needs for Viano Basin include manual mowing within the right-of-way, specifically along the maintenance access road and ramp adjacent to the culvert intake area at the northeast side of the basin (Photo 1), as well as ‘as-needed’ clearing and maintenance of the trash rack (Photo 4). Other maintenance needs include removal of instream emergent vegetation near the culvert intake areas (Photos 4 and 6) and in areas where dense pockets of cattail grow fill the channel/basin and reduce the conveyance capability of the channel. The culverts themselves may require periodic maintenance to retain the integrity of the structures and maintain the conveyance capacity. At the time of this evaluation (Spring 2017), basin capacity was significantly reduced due to a dense monoculture of cattail growing along the northwest portion of the basin. Potential management opportunities may consider removal of the existing cattails and excavation of a deeper basin, thereby increasing basin capacity and decreasing the frequency for maintenance. Other potential management opportunities may involve habitat enhancement of upland and wetland areas within the basin. Examples of enhancement actions might be removal of invasive plant species (e.g., perennial pepperweed, or wild radish), excavation of backwater channels, or creation of off-channel ponds that would fill during flooding events. Pacheco Creek - Vinano Basin Contra Costa County Public Works – Stream Maintenance Program 5 of 5 July 2018 Photo 3. The northwest corner of the basin remains inundated year-round and supports dense cattail growth. The vegetation shifts to nonnative grasses and upland weedy species moving upslope from the basin (April 2017). Photo 4. Culvert with trash rack at the northeast corner of the basin. Cattail clog the channel approaching the culvert intake (April 2017). Photo 5. A concrete culvert intake structure located mid- reach. The structure helps convey high flows under the elevated railway tracks (April 2017). Photo 6. Culvert intakes associated with the concrete intake structure shown in Photo 5 (April 2017). Pacheco Creek at Pacheco Boulevard Reach No. Upstream Cross Street Downstream Cross Street Length 14 Pacheco Boulevard Interstate 680 1,810 feet Contra Costa County Public Works – Stream Maintenance Program 1 of 3 July 2018 WATERSHED: Walnut Creek SUBBASIN: Pacheco Creek LOCATION: From the culvert outfall at Pacheco Boulevard downstream to Interstate 680 (I-680) ADJACENT LAND USE: Light industrial areas surround the reach; eastern (downstream) boundary defined by I-680; heavy industrial area northeast of I-680; limited open space east of I-680 UPSTREAM: Underground culvert LENGTH: 1,810 feet AVERAGE TOP-OF-BANK WIDTH: 45 feet Photo 1. Looking upstream toward Pacheco Boulevard. The reach mostly lacks tree cover and is highly exposed (September 2015). REACH SETTING: The maintenance reach along Pacheco Creek is an engineered, straight, earthen, trapezoidal channel that drains the communities of Vine Hill and central Martinez. The reach lies in the lower portion of the Walnut Creek Watershed between the eastern foothills of the East Bay Hills (Martinez Ridge) and the Walnut Creek floodplain. A gravel maintenance road runs along the left (north) bank for most of the reach and along the top of the right (south) bank from Pacheco Boulevard 700 feet downstream. Adjacent land uses include industrial and commercial areas to the north, west, and south, and bounded by Interstate 680 (I-680) to the east. Photo 2. Looking downstream from mid-reach (September 2015). PHYSICAL CONDITIONS Active channel: The active channel is straight with two slight bends at 650 feet and 1,350 feet downstream of Pacheco Boulevard. The channel maintains perennial flows ranging from 8 to 11 feet wide and 2 to 4 feet deep (approximate). Bed sediments/texture: Fine sands and silt Bank structure: Banks are homogenous, earthen engineered with a 2:1 slope Water quality: This reach likely experiences limited flushing during the summer months and water appeared stagnant for much of the reach with dense algae growth (September 9, 2015). Trash and debris were observed in the channel, particularly near the Pacheco Boulevard crossing. Channel processes: In general, observations suggest neutral to supply-limited conditions with respect to the sediment transport capacity of the channel in the maintenance reach. Minor bank erosion was evident near the top of bank in several locations. Minor deposition was observed near the Pacheco Boulevard culvert outfall with cattail growth near the culvert opening likely perpetuating deposition. Pacheco Creek at Pacheco Boulevard 2 of 3 Contra Costa County Public Works – Stream Maintenance Program July 2018 Figure 1. Pacheco Creek between Pacheco Boulevard and I-680. Industrial and commercial areas are to the north, west, and south. BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: Perennial water provides aquatic habitat for fish species adapted to survive in waters with impaired water quality and elevated temperature. The channel lacks vegetative cover and instream complexity. However, weedy herbaceous vegetation grows along the margins of the channel and may provide limited cover. Wading birds (e.g., Great Egret [Ardea alba] and Great Blue Heron [Ardea Herodias]) may use the channel for foraging. A nonnative common snapping turtle (Chelydra serpentina) with an estimated 18-inch carapace length was observed foraging in the channel during a September 2015 site visit and may be able to support other amphibious species, such as western pond turtle (Actinemys marmorata). Vegetation Composition: Channel: Cattail (Typha sp.) is present in the channel in some areas. Banks: Understory: The banks support mainly ruderal non-native vegetation, including wild oat (Avena sp), wild radish (Raphanus sativus), Italian thistle (Carduus pycnocephalus), and ripgut brome (Bromus diandrus). Overstory/Canopy: A few scattered almond (Prunus dulcis) trees and a small walnut (Juglans sp.) tree are present growing on the banks. Potential for Sensitive Species and Fish or Wildlife Observations: Pacheco Creek at Pacheco Boulevard Contra Costa County Public Works – Stream Maintenance Program 3 of 3 July 2018 Common Name Scientific Name Potential for occurring Wildlife tricolored blackbird Agelaius tricolor Not expected. Documented occurrence 1.5 miles northwest – habitat at occurrence location since degraded. Cattails provide marginally suitable habitat at the maintenance reach. western pond turtle Emys marmorata Possible. Known to occur in Walnut Creek. Suitable habitat is present and one CNDDB occurrence is located 0.4 miles downstream of the reach. Another occurrence is 1.5 miles southeast in a similar channel. For more detailed discussion on sensitive species, see Chapter 4 of the Manual. MAINTENANCE CONSIDERATIONS AND MANAGEMENT OPPORTUNITIES Maintenance activities at this reach consist primarily of manual mowing and grazing of the banks and right-of-way. The maintenance roads on both sides of the channel are kept free of vegetation to allow for vehicle access. Other routine maintenance activities that should be considered include instream trash and debris removal, particularly near the Pacheco Boulevard culvert outfall, and cattail removal where instream growth hinders downstream flow. Dense cattail growth can quickly block downstream flow in the relatively narrow active channel and lead to an increased potential flooding. Dense instream vegetative growth also lowers flow velocity, increases sediment accumulation, and fosters more cattail growth. In addition to initial cattail removal, long-term approaches may consider planting trees along the top of banks to shade the channel to discourage cattail growth. Additional planting along the top of bank would also help stabilize exposed slopes and reduce erosion. Photo 4. Perennial cattail growth in the upstream portion of the reach and culvert outfall at Pacheco Boulevard (September 2015). Photo 5. Cattail growth approximately 350 feet downstream of Pacheco Boulevard. Dense cattail often blocks the channel mid-reach and through the downstream portion approaching I-680 (September 2015). Clayton Valley Drain Reach No. Upstream Cross Street Downstream Cross Street Length 15 Solano Way Confluence with Walnut Creek mainstem 800 feet Contra Costa County Public Works – Stream Maintenance Program 1 of 4 July 2018 WATERSHED: Walnut Creek SUBBASIN: Clayton Valley Drain LOCATION: Directly upstream of Solano Way downstream to the confluence with the Walnut Creek mainstem ADJACENT LAND USE: Industrial uses to the north, east, and south; airfield to the west UPSTREAM: Engineered earthen channel LENGTH: 800 feet AVERAGE TOP-OF-BANK WIDTH: 115 feet Photo 1. From the Iron Horse Regional Trail bridge looking upstream at the Solano Way crossing in the background. (April 2017). REACH SETTING: The maintenance reach is an engineered, straight, earthen, trapezoidal channel that drains the northern Concord area. The reach is in the lower portion of the Walnut Creek Watershed floodplain and the surrounding areas are relatively flat. The reach supports mostly weedy herbaceous vegetation and lacks trees or woody species. Adjacent land uses include an airfield to the west, and industrial and commercial areas to the north, east, and south. Photo 2. The downstream end of the reach and confluence with the mainstem of Walnut Creek. Channel and bank vegetation composition in the maintenance reach is similar to what is seen in the mainstem Walnut Creek channel near this location with no trees or shrubs present (April 2017). PHYSICAL CONDITIONS Active channel: Semi-perennial flow patterns have resulted in a well-defined active channel 8- to 12 feet in width (Photo 1). As the waterway approaches Walnut Creek, the active channel narrows and deepen (Photo 2). An inset bench approximately 12 feet in width is located along the toe of the left (south) bank. Bed sediments/texture: Fine sands and silt Bank structure: Banks are earthen, approximately 10- 12 feet in height (Photos 1, 2, and 3). The left bank is gradually sloped at 3:1; the right (north) bank is slightly steeper at 2:1. Water quality: This reach maintains perennial flows. During an April 24, 2017 assessment, water appeared clear with no visible impairments. Channel processes: The channel is confined by the levees. Overall, the bed appears stable at the time of this assessment (spring 2017) with no visible evidence of lateral channel adjustment or upper bank erosion. Clayton Valley Drain 2 of 4 Contra Costa County Public Works – Stream Maintenance Program July 2018 Figure 1. Clayton Valley Drain, downstream of Solano Way to the confluence with Walnut Creek. BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: The linear flow path, relatively narrow active channel and lack of instream complexity and cover limit long-term occupation for many larger aquatic species. The channel provides suitable habitat for a wide variety of benthic organism and likely supports juvenile fish species typically associated with freshwater aquatic communities. Vegetation Composition: Channel: The channel is largely unvegetated. In some areas, such as near the Solano Way crossing, hardstem bulrush (Schoenoplectus acutus) is dominant with cattail (Typha sp.) and sedges (Carex spp.) also present. Banks: Understory: The banks are dominated by ruderal non-native vegetation, including wild oat (Avena sp.), wild radish (Raphanus sativus), foxtail barley (Hordeum murinum), ripgut brome (Bromus diandrus), and poison hemlock (Conium maculatum). The left bank supports some native vegetation, including a depressional area dominated by sedges and rushes (Juncus spp.). The invasive species perennial pepperweed (Lepidium latifolium) is found in some areas. Overstory/Canopy: No trees or woody species present. Clayton Valley Drain Contra Costa County Public Works – Stream Maintenance Program 3 of 4 July 2018 Potential for Sensitive Species and Fish or Wildlife Observations: Common Name Scientific Name Potential for occurring Plants Johnny-nip Castilleja ambigua var. ambigua Not expected. Marginally suitable habitat exists in this reach. Bolander's water- hemlock Cicuta maculata var. bolanderi Not expected. Marginally suitable habitat exists in this reach. small spikerush Eleocharis parvula Not expected. Marginally suitable habitat exists in this reach. Marin knotweed Polygonum marinense Not expected. Marginally suitable habitat exists in this reach. saline clover Trifolium hydrophilum Not expected. Marginally suitable habitat exists in this reach. Fish Coho salmon Oncorhynchus kisutch Not expected. Coho are known to occur in Walnut Creek (Leidy 2007) and migrating adults may enter into the maintenance reach. However, there is no accessible spawning habitat upstream of the maintenance reach and these individuals would be considered strays. Steelhead Oncorhynchus mykiss Not expected. Migrating Steelhead are known to routinely enter the lower reaches of Walnut Creek. However, upstream barriers prevent migrants from reaching spawning habitat and any encountered fish would be considered transient migrants. Chinook salmon Oncorhynchus tshawytscha Not expected. Migrating adults may stray into the maintenance reach during winter/spring high flows. However, upstream barriers prevent migrants from reaching spawning habitat and any encountered fish would be considered transient migrants. Sacramento splittail Pogonichthys macrolepidotus Not expected. This species is found in highly brackish waters and estuaries of Suisun Bay but is known to occur in Walnut Creek (Leidy 2007). However, the maintenance reach is near the upstream most extent of tidal influence and provides marginally suitable habitat. Wildlife Burrowing owl Athene cunicularia Not expected. A CNDDB occurrence was recorded less than 1.0 mile southwest at the adjacent airfield. However, the maintenance reach provides marginal habitat for this species. Clayton Valley Drain 4 of 4 Contra Costa County Public Works – Stream Maintenance Program July 2018 Common Name Scientific Name Potential for occurring western pond turtle Emys marmorata Possible. Known to occur in Walnut Creek. Suitable habitat is present within the reach. For more detailed discussion on sensitive species, see Chapter 4 of the Manual. There is no designated critical habitat at this location. MAINTENANCE CONSIDERATIONS AND MANAGEMENT OPPORTUNITIES Typical maintenance activities in the maintenance reach include mechanized and manual mowing of the of the right- of-way (ROW) and the channel from the confluence to Walnut Creek upstream to the grade control structure, approximately 1,500 feet upstream of Solano Way. Other maintenance needs involve routine maintenance of the four culverts at Solano Way. Reoccurring removal of instream sediment, debris, and emergent vegetation at the culvert outfall is necessary in order to maintain the conveyance capacity of the crossing. These instream activities typically cover a 250-square foot area downstream of Solano Way. Periodically, sediment removal activities may involve a larger portion of the channel, particularly where the active channel narrows downstream of the Iron Horse Regional Trail. Instream deposition and vegetative growth can reduce the conveyance capacity of the channel and choke flows from Clayton Drain from approximately 12 feet in width down to 6 feet. Other routine maintenance activities may entail trash removal from homeless encampments and illegal dumping within the riparian corridor. Photo 3. Just downstream of Solano Way looking downstream toward the Iron Horse Regional Trail bridge (in background). Nonnative grasses and weedy vegetation are abundant throughout the reach (April 2017). Photo 4. The culvert outfall area downstream of the Solano Way. Accumulated sediment and emergent vegetation frequently clog the outfall area (April 2017). Galindo Creek @ San Miguel Road Reach No. Upstream Cross Street Downstream Cross Street Length 16 San Miguel Road Confluence with Pine Creek 4,450 feet Contra Costa County Public Works – Stream Maintenance Program 1 of 3 July 2018 WATERSHED: Walnut Creek SUBBASIN: Galindo Creek LOCATION: From the San Miguel Road crossing downstream to the confluence with Pine Creek ADJACENT LAND USE: Multi- and single family residential; high-density residential near San Miguel Road UPSTREAM: Engineered earthen channel LENGTH: 4,450 feet AVERAGE TOP-OF-BANK WIDTH: 115 feet Photo 1. West (downstream) of San Miguel Road facing downstream. The maintenance reach flows through a concrete box channel with vertical walls (April 2017). REACH SETTING: The maintenance reach conveys Galindo Creek through a concrete box channel (Photo 1) as the creek passes through the City of Concord. Surrounding land uses consists mostly of low and high density residential areas. Local stormwater drainage systems empty into the channel. Stormwater flows are controlled by flapgates (Photos 2 and 3). Photo 2. West (downstream) of San Miguel Road facing downstream. The concrete channel is mostly free of accumulated sediment. A large flapgate is shown, photo right (April 2017). PHYSICAL CONDITIONS Active channel: concrete box channel Bed sediments/texture: smooth concrete bed mostly free of sediment Bank structure: vertical, smooth concrete banks, approximately 10 feet in height. Water quality: Water ranged in depth from 0-4 inches and appeared clear with no visible impairments (April 11, 2017). Channel processes: The concrete composition of the bed and banks limits channel processes. The channel bottom is generally clean, showing no real signs of sediment accumulation, suggesting neutral to supply-limited conditions with respect to the sediment transport capacity of the channel. Galindo Creek @ San Miguel Road 2 of 3 Contra Costa County Public Works – Stream Maintenance Program July 2018 Figure 1. Galindo Creek, between San Miguel Road and the confluence with Pine Creek. BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: The concrete channel bed and banks limit the biological value of the channel. In addition, water levels range from 0-4 inches in depth much of the year and the bed is mostly free of sediment. Vegetation Composition: The concrete bed and banks do not support vegetation. Some algal growth was observed in deeper portions of the channel (April 11, 2017). Potential for Sensitive Species and Fish or Wildlife Observations: No plant, aquatic, or terrestrial sensitive species would have the potential to occur in the maintenance reach. For more detailed discussion on sensitive species, see Chapter 4 of the Manual. There is no designated critical habitat in the maintenance reach. MAINTENANCE CONSIDERATIONS AND MANAGEMENT OPPORTUNITIES Maintenance needs are limited in this reach due to the concrete construction and lack of bed sediment. Typical maintenance actions focuses on flapgate repair and maintenance (Photos 2 and 3). Other maintenance activities might include chalking of cracks in the concrete, trash and debris removal, and graffiti removal. Some sediment was observed (April 2017) at the foot of the vehicle access ramp downstream of San Miguel Road (Photo 4). Periodic removal of 1 to 5 cubic yards of accumulated sediment may be necessary to keep the channel accessible. Galindo Creek @ San Miguel Road Contra Costa County Public Works – Stream Maintenance Program 3 of 3 July 2018 Photo 3. Typical flapgate that drains to the channel (April 2017). Photo 4. Some sediment may accumulate at the foot of the access ramp near San Miguel Road (April 2017). Ygnacio Valley Drain Reach No. Upstream Cross Street Downstream Cross Street Length 17 Contra Costa Canal Trail ~550 feet downstream of Whitman Rd 1.8 miles Contra Costa County Public Works – Stream Maintenance Program 1 of 3 July 2018 WATERSHED: Walnut Creek SUBBASIN: Pine Creek LOCATION: Downstream of Contra Costa Canal crossing to confluence with Pine Creek ADJACENT LAND USE: Single family residential, School facilities UPSTREAM: Earthen trapezoidal channel LENGTH: 1.8 miles AVERAGE TOP-OF-BANK WIDTH: 50 feet Photo 1. Directly downstream of Treat Boulevard and facing downstream. These are typical conditions in this reach with mature vegetation on one bank (photo left) and an access road and active vegetation management on the opposite bank (photo right) (September 2015). REACH SETTING: This maintenance reach along Ygnacio Valley Drain stretches from the Contra Costa Canal Trail downstream to its confluence with Pine Creek, roughly 550 feet downsteam of Whitman Road. The creek flows through an engineered, trapezoidal, earthen channel. The creek corridor is relatively straight with multiple right-angle turns and is confined by residential development beyond the top- of-bank. Access to maintenance roads is available from Whitman Road, Sargent Road, Risdon Road, Smith Lane, and Treat Boulevard. Photo 2. Upstream of Oak Grove Road, facing upstream. Shallow, slow moving conditions support emergent vegetative growth while weedy vegetation is dominant on the banks and access road (September 2015). PHYSICAL CONDITIONS Active channel: The linear channel confines unidirectional flow to a narrow, wetted channel, approximately 4 to 7 feet wide and 6 to 24 inches during the summer month. Perennial flow is likely a result of nuisance water (e.g., residential use and irrigation runoff). Bed sediments/texture: Large boulders with fine sands and silt filling interstitial spaces Bank structure: Earthen, gradually sloped banks at a 2:1 to 3:1 ratio. Bank composition is variable, from coarse- to fine-grained material. Water quality: During the late summer months, water becomes stagnant in many areas with a high amount of algal growth. Downstream of Risdon Road, water appeared murky with little visibility (September 24, 2015). The cloudiness may be associated with residential runoff (e.g., household detergents, paints, etc.). Channel processes: This reach appears to be neutral to transport-limited (depositional) with respect to the sediment transport capacity of the channel. Depositional areas are scattered through the maintenance reach and associated with many of the culverted channel crossings (Photos 3 and 4). Erosional features are minor throughout the reach. Ygnacio Valley Drain 2 of 3 Contra Costa County Public Works – Stream Maintenance Program July 2018 Figure 1. Ygnacio Valley Drain, from the Contra Costa Canal Trail to the confluence with Pine Creek. BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: The channel experiences perennial flows, likely from nuisance water. The channel with some canopy cover provides suitable habitat and protection for some aquatic species, but the low water quality diminishes the habitat value of this reach. Vegetation Composition: Channel: Instream vegetative growth varies throughout the reach from no plant growth to dense pockets of emergent vegetation. Where emergent vegetation is present, cattail (Typha sp.) is the dominant species. Bermuda grass (Cynodon dactylon) is dominant around the margins of the wetted channel, with dock (Rumex spp.), willowherb (Epilobium ciliatum), tall flatsedge (Cyperus eragrostis), and prickly lettuce (Lactuca serriola) commonly occurring. Banks: Understory: The bank understory is dominated by grasses, including Bermuda grass, wild oats (Avena sp.), ripgut brome (Bromus diandrus), harding grass (Phalaris aquatica), Smilo grass (Stipa miliacea var. miliacea) and foxtail barley (Horedeum murinum). Dense pockets of English ivy (Hedera helix) blanket the banks in several areas where escaped from residential landscaping. Overstory/Canopy: Limited woody growth along the banks but a mix of differing tree species along the top of bank and landscape areas directly adjacent to the right-of-way. Observed species included oaks (Quercus spp.), willows (Salix spp.), cottonwood (Populus fremontii), walnut (Juglans sp.), eucalyptus (Eucalyptus sp.), and pines (Pinus spp.). Overstory canopy coverage of the channel is general sparse to moderately dense, with coverage on one bank 50-75 percent and 0-25 percent on the opposite bank Ygnacio Valley Drain Contra Costa County Public Works – Stream Maintenance Program 3 of 3 July 2018 Potential for Sensitive Species and Fish or Wildlife Observations: Common Name Scientific Name Potential for occurring Wildlife western pond turtle Emys marmorata Not expected. Maintenance reach maintains perennial flow and has several deeper pools. The channel width is very narrow with limited cover with the reach itself surrounded by urban development and isolated from known sightings of this species. For more detailed discussion on sensitive species, see Chap ter 4 of the Manual. There are no critical habitats at this location. MAINTENANCE CONSIDERATIONS AND MANAGEMENT OPPORTUNITIES Maintenance priorities in this reach focus around manual mowing of the right-of-way and access road. Additional maintenance actions should consider addressing sediment accumulation at the channel crossings and transition areas (e.g., Treat Boulevard, Smith Lane, Sargent Road, Whitman Road, channel transition from earthen to concrete near the confluence with Pine Creek). Accumulated sediment diminishes the cross sectional area at these crossings, thereby increasing the risks of localized flooding to the surrounding residential areas. Photo 3. Deposition and emergent vegetation growth upstream of Whitman Road (September 2015). Photo 4. Dense cattail growth clogging the culvert outfall downstream of Whitman Road. The Pine Creek confluence is in the background (white wall in the distance) (September 2015). Lower Pine Creek Reach No. Upstream Cross Street Downstream Cross Street Length 18a Waterworld parking lot Confluence with Walnut Creek 1,900 feet Contra Costa County Public Works – Stream Maintenance Program 1 of 4 July 2018 WATERSHED: Walnut Creek SUBBASIN: Lower Pine Creek LOCATION: End of the concrete channel downstream to the confluence with Walnut Creek. ADJACENT LAND USE: Office business park, commercial, and industrial to the north/east; Waterworld to the south/west. UPSTREAM: Concrete box channel for approximately 2.25 miles REACH LENGTH: 1,900 feet AVERAGE TOP-OF-BANK WIDTH: 135 feet Photo 1. Facing upstream in the middle of the maintenance section, approximately 150 feet downstream of Willow Pass Road (overpass in background) (September 2015). REACH SETTING: Pine Creek is a tributary to Walnut Creek, which drains the northwest slopes of Mount Diablo through the Cities of Walnut Creek and Concord. The section of Pine Creek downstream of the Galindo Creek confluence (approximately 2,000 upstream of Highway 242) and upstream of Walnut Creek is often referred to as Lower Pine Creek. The channel was built by U.S. Army Corps of Engineers. The Lower Pine Creek maintenance reach is in the lower portion of the watershed, near the creek’s confluence with Walnut Creek. At this point in the watershed, the creek has a relatively low gradient. Upstream of the maintenance reach, Pine Creek is concrete for approximately 2 miles, and then earthen channel upstream of that concrete section. Photo 2. Looking downstream at the upper end of the maintenance section where the channel transitions from concrete to earthen (April 2016). PHYSICAL CONDITIONS Active channel: The creek flows through a two-stage channel with an active channel width averaging 85 feet and a low flow channel approximately 30 feet wide. Bed sediments/texture: Mostly silt and fine sand, with limited coarse material. Approximately 6 to 12 inches of sediment have built up. Some riprap present. Bank structure: Riprap banks with overlying soils in some areas. Bank slope averages 2:1. Water quality: Water appeared clear with some algae growth (April 12, 2016). Debris was scattered throughout the maintenance section. Channel processes: The low gradient and relatively wide channel cross section create a depositional environment through much of the reach. Sediment has built up near the transition from the upstream concrete channel. The transition to the earthen channel likely causes a backwater effect, a decrease in flow velocity, and lower energy environment for sediment to deposit. Lower Pine Creek 2 of 4 Contra Costa County Public Works – Stream Maintenance Program July 2018 Figure 1. Lower Pine Creek between the Waterworld parking lot and the confluence with Walnut Creek. BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: Sediment bed with riprap pieces. Marginal habitat for aquatic species due to the shallow water depth and lack of instream complexity and rufugia. Vegetation Composition: Channel: Cattail (Typha sp.) and other emergent vegetation is present in the channel. Banks: Banks are dominated by radish (Raphanus sativus). No trees grow on the banks, but there is a small area of canopy from trees planted along Waterworld Parkway. Lower Pine Creek Contra Costa County Public Works – Stream Maintenance Program 3 of 4 July 2018 Potential for Sensitive Species: Common Name Scientific Name Potential for occurring Fish Coho salmon Oncorhynchus kisutch Not expected. Lacks suitable habitat for spawning or rearing. Juveniles or adults may occur during periods of high flows and wet years. Chinook salmon Oncorhynchus tshawytscha Not expected. Migrating adults may stray into the maintenance reach during winter/spring high flows. However, upstream barriers prevent migrants from reaching spawning habitat and any encountered fish would be considered transient migrants. Sacramento splittail Pogonichthys macrolepidotus Not expected. This species is found in highly brackish waters and estuaries of Suisun Bay but is known to occur in Walnut Creek (Leidy 2007). However, the maintenance reach is near the upstream most extent of tidal influence and provides marginally suitable habitat. Steelhead Oncorhynchus mykiss Not expected. Lacks suitable habitat for spawning or rearing. Juveniles or adults may occur during periods of high flows and wet years. Wildlife western pond turtle Emys marmorata Possible. Suitable habitat is present within the reach. CHANNEL MAINTENANCE AND MANAGEMENT CONSIDERATIONS The primary maintenance consideration in this reach is sediment deposition and debris. The accumulation of sediment along the channel bed decreases conveyance capacity. In addition to affecting capacity in the immediate maintenance reach, this sediment may become mobilized during large storms and could potentially reduce capacity downstream where streambanks or levees are not as high. The Contra Costa County Department of Public Works (County) typically removes sediment from this reach on an annual basis. Sediment removal methods include the following steps: 1. Use a front loader to push sediment to side of channel and allow to drain; 2. The front loader would then push the sediment up the access ramp and allow it to dry on adjacent parcel; 3. Sediment would be transferred to a dump truck and, where feasible, hauled to designated areas within the watershed for disposal. Excess material would be hauled to a landfill for permanent disposal. Sediment removal work is performed when the channel is as dry as possible (August/September). Sediment removal would be limited to 100 linear feet. Typical sediment volumes removed range from 250-500 cubic yards. Lower Pine Creek 4 of 4 Contra Costa County Public Works – Stream Maintenance Program July 2018 Photo 3. Facing upstream at the upper end of the maintenance section with riprap bank in the foreground. The concrete channel upstream of the maintenance reach is visible in the background (September 2015). Photo 4. Looking downstream at the upper end of the maintenance section and transition from concrete to earthen channel. Deposition was apparent throughout the reach (September 2015). Pine Creek Concrete Channel Reach No. Upstream Cross Street Downstream Cross Street Length 18b Lane Drive, Concord Water World parking lot 2.25 miles Contra Costa County Public Works – Stream Maintenance Program 1 of 3 July 2018 WATERSHED: Walnut Creek SUBBASIN: Pine Creek LOCATION: Concrete channel from Lane Drive downstream to the Water World parking lot. ADJACENT LAND USE: Office business park, commercial, and industrial, and residential. A transportation corridor surrounds Highway 242, running in a northeast/southwest direction. UPSTREAM: Trapezoidal earthen channel REACH LENGTH: 2.25 miles AVERAGE TOP-OF-BANK WIDTH: 50 feet Photo 1. Sediment and algae buildup at flap gates in the upper portion of the maintenance reach (April 2017). REACH SETTING: Pine Creek is a tributary to Walnut Creek, which drains the northwest slopes of Mount Diablo through the Cities of Walnut Creek and Concord. The Pine Creek subwatershed, which is within the Walnut Creek Watershed, encompasses approximately 28.9 square miles. The section of Pine Creek downstream of the Galindo Creek confluence (approximately 2,000 upstream of Highway 242) and upstream of Walnut Creek is often referred to as Lower Pine Creek. The channel was built by U.S. Army Corps of Engineers. In the maintenance reach, the creek has a relatively low gradient. Upstream of the maintenance reach, Pine Creek is an earthen trapezoidal channel. Photo 2. Looking upstream in the middle of the maintenance reach. Algae accumulation can be seen in the channel (September 2016). PHYSICAL CONDITIONS Active channel: 20- to 50-foot-wide concrete channel with an inset low-flow channel in the middle of channel. Ordinary high water is about 2 to 2.5 feet above bed. Bed sediments/texture: Mostly silt and fine sand, with limited coarse material accumulated on concrete bed. Sediment ranges mostly from 0 to 6 inches in the upstream portions of the maintenance reach and 6 to 12 inches near the access ramp. Approximately 6 to 12 inches of sediment have also built up at the downstream end of the maintenance reach where the channel transitions to earthen. Bank structure: Vertical concrete walls approximately 12 feet high Water quality: Water appeared clear with some algae growth (April 12, 2016). Channel processes: Some sediment accumulation observed in the maintenance reach. Pine Creek Concrete Channel 2 of 3 Contra Costa County Public Works – Stream Maintenance Program July 2018 Figure 1. Pine Creek concrete channel BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: Patches of sediment over concrete bed. Marginal habitat for aquatic species due to the shallow water depth and lack of instream complexity and rufugia. Vegetation Composition: Channel: Mostly bare ground, some annual grasses beginning to establish where sediment depth is adequate. Banks: Banks are concrete walls. Some native and non-native species (eucalyptus [Eucalyptus sp.], oaks [Quercus spp.], and pines [Pinus spp.]) growing outside of the top of bank. Potential for Sensitive Species: Common Name Scientific Name Potential for occurring Fish Chinook salmon Oncorhynchus tshawytscha Not expected. Migrating adults may stray into the maintenance reach during winter/spring high flows. However, upstream barriers prevent migrants from reaching spawning habitat and any encountered fish would be considered transient migrants. Coho salmon Oncorhynchus kisutch Not expected. Lacks suitable habitat for spawning or rearing. Juveniles or adults may occur during periods of high flows and wet years. Contra Costa County Public Works – Stream Maintenance Program 3 of 3 July 2018 Common Name Scientific Name Potential for occurring Steelhead Oncorhynchus mykiss Not expected. Lacks suitable habitat for spawning or rearing. Juveniles or adults may occur during periods of high flows and wet years. Wildlife western pond turtle Emys marmorata Not expected. Marginally suitable habitat is present. CHANNEL MAINTENANCE AND MANAGEMENT CONSIDERATIONS The current maintenance considerations in this reach are flap gate maintenance, subdrain maintenance, and debris and trash removal. Sediment and algae have built up at some of the flap gates, and require maintenance. Other flap gate require maintenance on an as-needed basis. Debris, trash and algae removal also occurs on an as- needed basis, as identified by routine channel monitoring. Future maintenance activities could potentially include sediment removal where it has built up in the channel or concrete drop structure. Photo 3. Facing downstream near Willow Pass Road with sediment deposition and debris (April 2016). Photo 4. Looking upstream at the lower end of the maintenance section and transition from concrete to earthen channel. Deposition is occurring along the left side of the channel (photo right), as well as the access ramp to the channel (April 2016). Pine Creek Channel Reach No. Upstream Cross Street Downstream Cross Street Length 18c Valley Vista Road, Walnut Creek San Miguel Road, Concord 2 miles Contra Costa County Public Works – Stream Maintenance Program 1 of 3 July 2018 WATERSHED: Walnut Creek SUBBASIN: Pine Creek LOCATION: Earthen portion of channel between Valley Vista Rd, Walnut Creek and Lane Drive, Concord ADJACENT LAND USE: Single family residential area UPSTREAM: Earthen channel LENGTH: 2 miles AVERAGE TOP-OF-BANK WIDTH: 110 feet Photo 1. Looking downstream from the top of the access ramp (September 2015). REACH SETTING: The Pine Creek subwatershed is a part of the Walnut Creek watershed and drains the northwestern slopes of Mount Diablo. Upstream of the maintenance reach is the 325-acre-foot Pine Creek Detention Basin, which is an undeveloped open space area that also provides flood protection to neighborhoods in eastern Walnut Creek (Walnut Creek Watershed Council 2013). Downstream of the maintenance reach, the creek flows a concrete channel through increasingly densely developed residential and commercial areas of Concord before joining Walnut Creek and ultimately discharging into the Carquinez Straights portion of the San Francisco Bay/Delta (Contra Costa County 2003). Photo 2. Looking upstream from the center of the channel (September 2015). PHYSICAL CONDITIONS Active channel: The active channel is defined by the ordinary high water mark (OHWM) with a relative surface width of 5-20 feet (approximately). Bed sediments/texture: Sediment (fine sands and silt), as well as gravel/cobble in the upstream portion of the reach. Bank structure: Trapezoidal earthen channel, with small portions of concrete or riprapped channel at road crossings. Water quality: Water appeared clear with no visible impairments (April 11, 2017). Channel processes: The channel is confined by the engineered banks. Overall, the bed appears stable at the time of this assessment (spring 2017) with no visible evidence of lateral channel adjustment or upper bank erosion. Pine Creek Channel 2 of 3 Contra Costa County Public Works – Stream Maintenance Program July 2018 Figure 1. Pine Creek Channel between Valley Vista Road, Walnut Creek and San Miguel Road, Concord. BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: Pine Creek in this reach maintains seasonal flows, with the majority of the creek drying up during the late summer/fall. In the maintenance reach, the channel provides marginal habitat for aquatic species due to significant exposure and a general lack of instream complexity and refugia. Vegetation Composition: Channel: Vegetation composition in the channel varies throughout the reach, but generally consists of ruderal vegetation that develops following dry-down of the creek. Common species include harding grass (Phalaris aquatica), dock (Rumex spp.), prickly lettuce (Lactuca serriola), poison hemlock (Conium maculatum), and perennial pepperweed (Lepidium latifolium). Cattail (Typha sp.) is present in some portions of the channel that retain water later in the season. Banks: Understory: The bank understory is dominated by grasses, including wild oats (Avena sp.), ripgut brome (Bromus diandrus), harding grass, and foxtail barley (Horedeum murinum). Smilo grass (Stipa miliacea var. miliacea) and fennel (Foeniculum vulgare) are also present. Overstory/Canopy: Some trees are present at the top of bank, including coast live oak (Quercus agrifolia), eucalyptus (Eucalyptus spp.), and various landscaping trees from adjacent homes. These trees provide minimal cover to the channel. Pine Creek Channel Contra Costa County Public Works – Stream Maintenance Program 3 of 3 July 2018 Potential for Sensitive Species and Fish or Wildlife Observations: Common Name Scientific Name Potential for occurring Fish Steelhead/Rainbow Trout Oncorhynchus mykiss Not expected. Steelhead historically occupied Pine Creek, but the channelization of the creek, partial downstream barriers and loss of upstream spawning habitat makes occurrence of steelhead in this reach unlikely. Wildlife Burrowing Owl Athene cunicularia Not expected. Marginally suitable habitat is present in the maintenance area. For more detailed discussion on sensitive species, see Chapter 4 of the Manual. There are no designated critical habitats in the maintenance area. MAINTENANCE CONSIDERATIONS AND MANAGEMENT OPPORTUNITIES Maintenance activities are minimal in this reach. Routine maintenance activities include mechanizes and manual mowing and aquatic vegetation removal (i.e., cattail removal). Future maintenance needs may involve sediment removal from concrete channel areas along road crossings, and at drop structures (see Photo 3 for example). Periodic targeted removal of accumulated sediment may be necessary to maintain channel capacity in these areas. Emergent vegetation has begun to grow in these depositional areas resulting in areas of lower energy and continued deposition. Routinely occurring, focused sediment removal in the maintenance reach would help reduce the need for widespread sediment removal downstream. Photo 3. Photo facing downstream. Sediment deposition in concrete portion of the channel at road crossing (April 2017). Photo 4. Facing downstream, cattails growing in a wet portion of the channel (September 2015). Pine Creek Dam Reach No. Upstream Cross Street Downstream Cross Street Length 19 NA End of Castle Rock Rd 350 feet Contra Costa County Public Works – Stream Maintenance Program 1 of 3 July 2018 WATERSHED: Walnut Creek SUBBASIN: Pine Creek LOCATION: Pine Creek, south of the end of Castle Rock Drive. ADJACENT LAND USE: Open space to the south and east, low-density residential to the north and west UPSTREAM: Earthen channel LENGTH: 350 feet WIDTH OF DAM: 425 feet Photo 1. Pine Creek Dam facing south (upstream) (January 2014). REACH SETTING: The Pine Creek Dam, built in 1956, is upstream of the 325-acre-foot Pine Creek Detention Basin, an undeveloped open space area that also provides flood protection to neighborhoods in eastern Walnut Creek (Walnut Creek Watershed Council 2013). Upstream of the dam, Pine Creek runs through the foothills of Mount Diablo. Photo 2. Looking north (downstream) from the Pine Creek dam (January 2014). PHYSICAL CONDITIONS Dam structure: Earthen dam with concrete spillway. Active channel: N/A Bed sediments/texture: N/A Bank structure: N/A Water quality: N/A. Channel processes: The channel is constrained by the dam at this location. Pine Creek Dam 2 of 3 Contra Costa County Public Works – Stream Maintenance Program July 2018 Figure 1. Pine Creek Dam BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: Flow in this portion of Pine Creek is seasonal/intermittent and is dependent on the overall climate and hydrologic conditions in the upper watershed in the given year. In the maintenance reach, the channel provides moderate habitat for aquatic species. Vegetation Composition: Dam face: Understory: The banks of Pine Creek support mostly non-native annual grasses with Ripgut brome (Bromus diandrus) and mouse barley (Hordeum murinum ssp. leporinum) the dominant species. Overstory/Canopy: Coast live oaks (Quercus agrifolia) are present nearby, but there is no woody vegetation present on the dam itself. Potential for Sensitive Species and Fish or Wildlife Observations: Common Name Scientific Name Potential for occurring Plants Mt. Diablo fairy lantern Calochortus pulchellus Not expected. Marginally suitable habitat exists. Diablo helianthella Helianthella castanea Not expected. Marginally suitable habitat exists. Wildlife Pine Creek Dam Contra Costa County Public Works – Stream Maintenance Program 3 of 3 July 2018 Common Name Scientific Name Potential for occurring California tiger Salamander Ambystoma californiense Not expected. Found in grassland, oak savanna, and at the edges of mixed woodland, where there is access to temporary breeding pools. Site offers marginal habitat due to a lack of slow moving water and/or adequate breeding pools. pallid bat Antrozous pallidus Not expected. The maintenance site does not provide roosting habitat, and provides marginal foraging habitat. Alameda whipsnake Masticophis lateralis euryxanthus Not expected. Site provides marginal habitat. Species generally adjacent to core habitats that contain chaparral and coastal scrub, rodent burrows, talus slopes, and rocky outcrops. California red-legged frog Rana draytonii Not expected. An occurrence of California red-legged frog has been observed approximately 0.5 miles southeast of the site, and a second occurrence approximately 0.75 miles southwest of the site. The site offers marginal habitat due to a lack of slow moving water, deep pools, and emergent vegetative cover. For more detailed discussion on sensitive species, see Chapter 4 of the Manual. There are no designated critical habitats in the maintenance area. MAINTENANCE CONSIDERATIONS AND MANAGEMENT OPPORTUNITIES Routine maintenance activities at the dam include livestock grazing and trash rack maintenance. Grazing occurs on the dam face. Livestock are excluded from the active channel, and would not be expected to impact aquatic organisms, if present. Trash rack maintenance occurs at the end of the dry season, in anticipation of the wet season. Some track rack maintenance may be required during the wet season if the rack becomes clogged with debris. Other routine maintenance activities include weed abatement and sediment and vegetation removal. Approximately 50 cubic yards of sediment have accumulated downstream of the dam. Photo 3. Looking upstream at Pine Creek from near the dam face, the trash rack is located at the end of the arrow. (January 2014). Photo 4. Top of the dam, facing east. (January 2014). Pine Creek Basin Reach No. Upstream Cross Street Downstream Cross Street Length 20 N/A Trails End Drive 900 feet Contra Costa County Public Works – Stream Maintenance Program 1 of 4 July 2018 WATERSHED: Walnut Creek SUBBASIN: Pine Creek LOCATION: Pine Creek Basin, upstream of Trails End Drive ADJACENT LAND USE: Open space to the south and east, low-density residential to the north and west UPSTREAM: Earthen channel LENGTH: 900 feet WIDTH OF BASIN: 2,300 feet Photo 1. Looking southeast into the basin from Trails End Drive (January 2014). REACH SETTING: The 325-acre-foot Pine Creek Detention Basin is an undeveloped open space area that also provides flood protection to neighborhoods in eastern Walnut Creek (Walnut Creek Watershed Council 2013). Downstream of the maintenance reach, the creek flows through increasingly densely developed residential and commercial areas of Walnut Creek and Concord before joining Walnut Creek and ultimately discharging into the Carquinez Straights portion of the San Francisco Bay/Delta (Contra Costa County 2003). Photo 2. Looking south into the basin from the Pine Creek Basin trash rack, with the Pine Creek channel in the foreground (January 2014). PHYSICAL CONDITIONS Active channel: The active channel is defined by the ordinary high water mark (OHWM) with a relative surface width of 6-8 feet (approximately). Bed sediments/texture: Coarse sediment, primarily medium to coarse sand, gravel, and small cobble, are found deposited in the channel near the culvert. Mixed bed material, including medium and fine grained sand, as well as gravel, is found further upstream. Water quality: Water appeared clear (April 12, 2016) and was approximately 8 inches deep. Channel processes: Depositional processes in low to moderate flows. Sediment transport processes are more common during larger flows. Pine Creek Basin 2 of 4 Contra Costa County Public Works – Stream Maintenance Program July 2018 Figure 1. Pine Creek Basin. Pine Creek flows through the basin, and exits the basin through a concrete box culvert. The Basin also has a concrete spillway at the southern end. BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: Flow in this portion of Pine Creek is seasonal/intermittent and is dependent on the overall climate and hydrologic conditions in the upper watershed in the given year. In the maintenance reach, the channel provides moderate habitat for aquatic species. Vegetation Composition: Channel: Ripgut brome (Bromus diandrus), mouse barley (Hordeum murinum ssp. leporinum), and rye grass (Festuca perennis) are the dominant species. Mustard (Brassica nigra), wild oats (Avena fatua), curly dock (Rumex crispus), and wild radish (Raphanus sativus) are also present. Banks: Understory: The banks of Pine Creek and the surrounding basin support mostly non-native annual grasses with ripgut brome and mouse barley the dominant species. Other species present include Italian rye grass, black mustard, Italian thistle (Carduus pycnocephalus), and filaree (Erodium spp.). There is a dense patch of poison hemlock (Conium maculatum) present upstream of the trash rack. Overstory/Canopy: Coast live oaks (Quercus agrifolia) and other trees are present within the detention basin. However, these trees provide little canopy cover for Pine Creek. Oak woodlands provide habitat for a many wildlife species. Turkeys (Meleagris gallopavo) and mule deer (Odocoileus hemionus) may forage on acorns, and a variety of bird species may nest or forage in this habitat. Pine Creek Basin Contra Costa County Public Works – Stream Maintenance Program 3 of 4 July 2018 Potential for Sensitive Species and Fish or Wildlife Observations: Common Name Scientific Name Potential for occurring Plants big tarplant Blepharizonia plumosa Not expected. The last natural population in Contra Costa County was extirpated in 1993 (USFWS 2014). The closest extant population is the experimental population in Wildcat Canyon Regional Park (USFWS 2014). Mt. Diablo fairy lantern Calochortus pulchellus Possible. Suitable habitat exists. Diablo helianthella Helianthella castanea Possible. Suitable habitat exists. Wildlife California Tiger Salamander Ambystoma californiense Not expected. Found in grassland, oak savanna, and at the edges of mixed woodland, where there is access to temporary breeding pools. Site offers marginal habitat due to a lack of slow moving water and/or adequate breeding pools. Burrowing Owl Athene cunicularia Not expected. Live in open habitats with sparse vegetation such as prairie, pastures, or desert and are closely associated with prairie dogs and ground squirrels. Mature trees and taller undergrowth limit species presence near the maintenance site. Alameda Whipsnake Masticophis lateralis euryxanthus Not expected. Site provides marginal habitat. Species generally adjacent to core habitats that contain chaparral and coastal scrub, rodent burrows, talus slopes, and rocky outcrops. California red-legged frog Rana draytonii Not expected. Two occurrences of California red-legged frog have been observed approximately 1.6 miles south of the site. The site offers marginal habitat due to a lack of slow moving water, deep pools, and emergent vegetative cover. For more detailed discussion on sensitive species, see Chapter 4 of the Manual. There are no designated critical habitats in the maintenance area. MAINTENANCE CONSIDERATIONS AND MANAGEMENT OPPORTUNITIES Routine maintenance activities in the basin includes livestock grazing, manual mowing, mechanized mowing, and limited silt removal. Livestock are excluded from the active channel, and would not be expected to impact aquatic organisms, if present. Grazing typically occurs within a 200-ft buffer from the fence line of the basin and the area near the emergency spillway. Pine Creek Basin 4 of 4 Contra Costa County Public Works – Stream Maintenance Program July 2018 Photo 3. Looking upstream at along Pine Creek from near the dam face. Sediment deposition is minimal in this portion of the channel (September 2015). Photo 4. The view across the basin, facing southeast, (January 2014). Pine Creek Culvert Reach No. Upstream Cross Street Downstream Cross Street Length 21 N/A Trails End Drive 765 feet Contra Costa County Public Works – Stream Maintenance Program 1 of 4 July 2018 WATERSHED: Walnut Creek SUBBASIN: Pine Creek LOCATION: Approximately 200 feet west of Hackney Lane and Trails End Drive (Figure 1) ADJACENT LAND USE: Open space to the south and east, low-density residential to the north and west UPSTREAM: Earthen channel LENGTH: 765 feet WIDTH OF CULVERT: 8 feet Photo 1. Upstream of the trash rack and the concrete box culvert intake. Vegetation is largely absent from the culvert entrance (April 2016). REACH SETTING: The Pine Creek Box Culvert maintenance reach is located toward the upper portion of the Pine Creek subwatershed. The Pine Creek subwatershed is a part of the Walnut Creek watershed and drains the northwestern slopes of Mount Diablo. Immediately upstream of the maintenance reach is the 325-acre- foot Pine Creek Detention Basin, which is an undeveloped open space area that also provides flood protection to neighborhoods in eastern Walnut Creek (Walnut Creek Watershed Council 2013). Downstream of the maintenance reach, the creek flows through increasingly densely developed residential and commercial areas of Walnut Creek and Concord before joining Walnut Creek and ultimately discharging into the Carquinez Straights portion of the San Francisco Bay/Delta (Contra Costa County 2003). Photo 2. The box culvert outfall area and downstream portion of the maintenance site (April 2016). PHYSICAL CONDITIONS Active channel: Nearly the entire maintenance reach is a concrete box culvert with no vegetation. The upstream and downstream transition zones support some vegetation, but those areas also have a concrete bed (Photos 1 and 2). These culvert inlet and outlet areas are regularly maintained. Bed sediments/texture: Coarse sediment, primarily medium to coarse sand, gravel, and small cobble, are found deposited across the 8-foot-wide concrete bottom. Mixed bed material, including medium and fine grained sand, as well as gravel, is found downstream of culvert. Bank structure: Vertical concrete walls of enclosed box culvert. Inlet and outlet areas have vertical concrete wing walls. Water quality: Water appeared clear (April 12, 2016) and was approximately 8 inches deep. Channel processes: Depositional processes in low to moderate flows. Sediment transport processes are more common during larger flows. Pine Creek Culvert 2 of 4 Contra Costa County Public Works – Stream Maintenance Program July 2018 Figure 1. Pine Creek culvert connects Pine Creek from the Pine Creek Basin (to the south) to the Pine Creek channel to the north. BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: Flow in the culvert is seasonal/intermittent and is dependent on the overall climate and hydrologic conditions in the upper watershed in the given year. The culvert provides minimal aquatic functions and values. The interior of the culvert near the intake and outfall areas could provide refugia for reptiles or mammals. A Black Phoebe (Sayornis nigricans) was observed nesting in the interior of the culvert near the outfall (April 2016). Vegetation Composition: Channel: The channel is mostly bare ground. Upland non-native grasses are dominant along the margins of the channel and banks. Immediately upstream of the culvert (adjacent to the trash rack), ripgut brome (Bromus diandrus), mouse barley (Hordeum murinum ssp. leporinum), and rye grass (Festuca perennis) are the dominant species (Photo 3). Also present in this area is mustard (Brassica nigra), wild oats (Avena fatua), curly dock (Rumex crispus), and wild radish (Raphanus sativus). Rye grass, perennial pepperweed (Lepidium latifolium), and poison hemlock (Conium maculatum) dominate the detention basin upstream of the maintenance reach. Downstream of the culvert, rye grass is dominant with lamb’s quarters (Chenopodium album), curly dock, wild oats, and watercress (Nasturtium officinale) within the channel (Photo 4). Banks: Understory: The banks of Pine Creek support mostly non-native annual grasses with ripgut brome and mouse barley the dominant species. Other species present include Italian rye grass, black mustard, Italian thistle (Carduus pycnocephalus), and filaree (Erodium spp.). Pine Creek Culvert Contra Costa County Public Works – Stream Maintenance Program 3 of 4 July 2018 Overstory/Canopy: Along the access road to the downstream end of the culvert, oak woodland habitat is present. Coast live oak (Quercus agrifolia) and valley oak (Quercus lobata) are dominant in the canopy with pine (Pinus sp.), eucalyptus (Eucalyptus sp.), and walnut (Jugans sp.) present. Oak woodlands provide habitat for a many wildlife species. Turkeys (Meleagris gallopavo) and mule deer (Odocoileus hemionus) may forage on acorns, and a variety of bird species may nest or forage in this habitat. A White-tailed Kite (Elanus leucurus) was observed perching on a pine during a site visit (April 2016). Potential for Sensitive Species and Fish or Wildlife Observations: Common Name Scientific Name Potential for occurring Wildlife California tiger salamander Ambystoma californiense Not expected. Found in grassland, oak savanna, and at the edges of mixed woodland, where there is access to temporary breeding pools. Site offers marginal habitat due to a lack of slow moving water and/or adequate breeding pools. Alameda whipsnake Masticophis lateralis euryxanthus Not expected. Site provides marginal habitat. Species generally adjacent to core habitats that contain chaparral and coastal scrub, rodent burrows, talus slopes, and rocky outcrops. Maintenance site consists of concrete box channel that is surrounded by maintenance roads and residential development, which fragments habitat and limits movement. California red-legged frog Rana draytonii Not expected. Two occurrences of California red-legged frog have been observed approximately 1.6 miles south of the site. The site offers marginal habitat due to a lack of slow moving water, deep pools, and emergent vegetative cover. No deep pools near the maintenance site. For more detailed discussion on sensitive species, see Chapter 4 of the Manual. There are no designated critical habitats in the maintenance area. MAINTENANCE CONSIDERATIONS AND MANAGEMENT OPPORTUNITIES Maintenance for this reach focuses on removing sediment deposited in the culvert and trash/debris accumulation on the trash rack at the upstream entrance to the culvert (Photo 1). Coarse sediment (i.e., gravel, small cobble) originating from sources in the upper watershed accumulate inside the culvert and reduce conveyance capacity. Trash and other debris often become entrained in the trash rack covering the entrance to the culvert, which also reduces conveyance capacity. Reduced capacity in the culvert is problematic during large storms, when rapid deposition of coarse sediment can occur. Approximately 1,100 cubic yards of sediment have accumulated inside of the box culvert since 2012. Pine Creek Culvert 4 of 4 Contra Costa County Public Works – Stream Maintenance Program July 2018 Photo 3. Looking upstream at the upper end of the maintenance section. Sediment deposition is minimal in this portion of the channel (September 2015). Photo 4. Looking upstream from the downstream end of the maintenance section near the access point. (April 2016). REFERENCES Contra Costa County. 2003. Contra Costa County Watershed Atlas. Prepared by Contra Costa County Community Development Department and Contra Costa County Public Works Department. Available: http://cocowaterweb.org/wp-content/uploads/Watershed-Atlas.pdf. Walnut Creek Watershed Council. 2013. Walnut Creek Watershed Inventory. Prepared by Restoration Design Group. Available: http://www.ccrcd.org/wc/WalnutCr_Watershed_Inventory_web.pdf. Grayson Creek Reach No. Upstream Cross Street Downstream Cross Street Length 22 Viking Drive Chilpancingo Parkway 3,875 feet Contra Costa County Public Works – 2016 Maintenance Permitting 1 of 5 July 2018 WATERSHED: Walnut Creek SUBBASIN: Grayson Creek LOCATION: Approximately 350 feet upstream of Viking Drive downstream to Chilpancingo Parkway ADJACENT LAND USE: Single family residential to the east and southeast; schools and athletic fields to the west and southwest; commercial shopping areas to the west and northwest UPSTREAM: Concrete box channel REACH LENGTH: 3,875 feet AVERAGE TOP-OF-BANK WIDTH: 100 feet Photo 1. Facing upstream, approximately 650 feet downstream of Viking Drive. The trees on either side of the channel are outside of the right-of-way (April 2016). REACH SETTING: The maintenance reach includes Grayson Creek from just upstream of Viking Drive downstream to Chilpancingo Parkway. The reach is an earthen engineered, linear, two-stage channel with several gradual bends. The head of tide extends into the reach but with very minimal amplitude. The surrounding land uses predominantly include single family housing and educational facilities in the upstream portion of the reach before transitioning to commercial areas downstream of Golf Club Road. Photo 2. Facing downstream with Golf Club Road bridge in the background. An instream bench can be seen on the right bank (photo right) (April 2016). PHYSICAL CONDITIONS Active channel: Perennial flows are conveyed through a 25- to 30-foot wide low flow channel. This active channel maintains a fairly linear, homogenous form throughout the reach with several gradual bends (Photos 1 and 2). Instream benching in present throughout most of the reach. Bed sediments/texture: Mostly fine sand and silt with some small patches of coarser sediment overlaying large boulders. Bank structure: Engineered, earthen banks sloped at 2:1 ratio. Much of the maintenance reach has an instream bench that is inundated during periods of high flows (Photos 1 and 2). Water quality: Water appeared mostly clear with few impairments (April 12, 2016). However, some portions of the reach become stagnant during the late summer and increased algal growth diminishes water clarity and quality (Photo 3). Some trash was also observed in the downstream portion of the reach adjacent to the commercial shopping areas. Channel processes: Observations in the maintenance reach suggest transport-limited (depositional) conditions with respect to the sediment transport capacity of the channel. Areas of deposition are apparent throughout the reach, specifically near culverted road crossings. These depositional areas are likely induced by a Grayson Creek 2 of 5 Contra Costa County Public Works – 2016 Maintenance Permitting July 2018 backwater (and fallout) effect where the cross- sectional area of the channel contracts when passing through the culvert then expands on the downstream side. At the upstream limit of the maintenance reach, the channel transitions from earthen engineered to a concrete box channel. This transition, coupled with a slight bend in the channel, results in sediment deposition on the inside (left bank) of the channel bend. Deposition ranges from 0 to 8 inches deep and appears to be induced by a backwater (and fallout) effect at the transition from concrete channel (large cross-section, low roughness) to the earthen engineered trapezoidal channel (more confined section and higher roughness). Figure 1. Grayson Creek maintenance reach. BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: Perennial water provides habitat for aquatic benthic and fish species. The channel mostly lacks vegetative cover and instream complexity. However, weedy herbaceous vegetation grows along the margins of the channel and provide limited cover. Wading birds (e.g., Great Egret [Ardea alba] and Great Blue Heron [Ardea Herodias]) and waterfowl (Mallard [Anas platyrhynchos]) use the channel for foraging. A western pond turtle (Emys marmorata) were observed during a September 2015 site visit. Vegetation Composition: Grayson Creek Contra Costa County Public Works – 2016 Maintenance Permitting 3 of 5 July 2018 Channel: Channel vegetation includes watercress (Nasturtium officinale), floating primrose willow (Ludwigia sp.), cattail (Typha sp.), tall flat sedge (Cyperus eragrostis), and other emergent vegetation. . Bermuda grass (Cynodon dactylon) is dominant around the margins of the wetted channel, with dock (Rumex spp.) also common. Banks: Understory: The bank understory is dominated by grasses, including Bermuda grass, wild oats (Avena sp.), ripgut brome (Bromus diandrus), harding grass (Phalaris aquatica), Smilo grass (Stipa miliacea var. miliacea) and foxtail barley (Horedeum murinum). Prckly lettuce (Lactuca serriola) and horseweed (Erigeron canadensis) are also common. Overstory/Canopy: No trees or woody species present within channel right-of-way. Landscaped areas directly adjacent to the right-of-way support mix of mature trees species. Potential for Sensitive Species: Common Name Scientific Name Potential for occurring Plants Congdon's tarplant Centromadia parryi ssp. congdonii Not expected. Channel dominated by nonnative grasses and herbaceous species and surrounded by urban landscape providing marginally suitable habitat. Fish Steelhead Oncorhynchus mykiss Not expected. Migrating Steelhead are known to routinely enter the lower reaches of Walnut Creek. However, upstream barriers prevent migrants from reaching spawning habitat and any encountered fish would be considered transient migrants. Chinook salmon Oncorhynchus tshawytscha Not expected. Migrating adults may stray into the maintenance reach during winter/spring high flows. However, upstream barriers prevent migrants from reaching spawning habitat and any encountered fish would be considered transient migrants. Sacramento splittail Pogonichthys macrolepidotus Not expected. This species is found in highly brackish waters and estuaries of Suisun Bay but is known to occur in Walnut Creek (Leidy 2007). However, the maintenance reach is near the upstream most extent of tidal influence and provides marginally suitable habitat. Wildlife western pond turtle Emys marmorata Present. This species observed during a site visit (September 2015). For more detailed discussion on sensitive species, see Chapter 4 of the Manual. There is no designated critical habitat at this location. Grayson Creek 4 of 5 Contra Costa County Public Works – 2016 Maintenance Permitting July 2018 CHANNEL MAINTENANCE CONSIDERATIONS The primary maintenance issue in this reach is sediment deposition. Routine maintenance is required to ensure that conveyance capacity is not diminished. Sediment is deposited primarily at the upstream end of the reach, where the channel transitions from a concrete box channel to an engineered earthen-bottom channel. At this location, the reduced cross-section of the earthen-bottom channel creates a backwater effect causing sediment to fall out of the water column. Vegetation then grows on the deposited sediment bars and this growth further reduces flow conveyance capacity. Approximately 100-350 cubic yards of sediment accumulate at this location on an annual basis. Other annual sediment removal zones include the upstream and downstream sides of Chilpancingo Parkway, Cottonwood Drive, Golf Club Road, and Viking Drive, and culvert outfall areas draining commercial area parking lot areas downstream of Golf Club Road. Because this reach has a history of known flooding the Contra Costa County Public Works Department (County) monitors this reach closely for sediment accumulation. The County typically conducts sediment removal in this reach on an annual basis during the low-flow period (August/September). Current sediment removal methods involve the following sequence: 1. Push sediment to one side of the channel using a front loader and allow it to drain; 2. The front loader would then be used to push the sediment up the access ramp, load the sediment in a small dump truck and haul to a nearby County-owned parcel to dry further; 3. Sediment would then be transferred to a dump truck and, where feasible, re-used elsewhere in the watershed or to a landfill for permanent disposal. In addition to sediment removal, the County also manages vegetation along the right-of-way and banks through manual mowing, mechanized mowing, and livestock grazing. Flap gate maintenance on culverts draining stormwater into the channel are also necessary. Following applicable BMPs, these maintenance activities have a less than significant impact on biological and hydrological resources. Photo 3. During the summer months, slow moving portions of the creek encourage dense watercress (Nasturtium officinale) and algal growth. A family of river otters were observed swimming and foraging in the channel at the time of this photo (September 2015). Photo 4. Looking downstream at the upstream end of the maintenance reach. The Viking Drive bridge is in the background (September 2015). Grayson Creek Contra Costa County Public Works – 2016 Maintenance Permitting 5 of 5 July 2018 Photo 5. Sediment deposition along the toe of the left bank (west side) near the upstream end of the maintenance reach. (April 2016). Photo 6. Photo taken from a gravel access road along the top of the left bank (west side). An earthen ramp leads down to the concrete channel. A Great Egret and several Mallards were observed foraging in the transitional area between the concrete and earthen channel (September 2015). Walnut Creek Reach No. Upstream Cross Street Downstream Cross Street Length 23 Bancroft Road, Concord Confluence with Grayson Creek 5.2 miles Contra Costa County Public Works – Stream Maintenance Program 1 of 4 July 2018 WATERSHED: Walnut Creek SUBBASIN: Walnut Creek LOCATION: Between Bancroft Road in Concord, downstream to the confluence with Grayson Creek ADJACENT LAND USE: Residential areas in the southern part of the reach; commercial/industrial in the central portion; and transportation (highways and airport) in the northern portion UPSTREAM: Concrete box channel REACH LENGTH: 5.2 miles AVERAGE TOP-OF-BANK WIDTH: The channel expands significantly moving downstream. Average bank width is approximately 180 feet downstream of Bancroft Road; 45 feet in the concrete channel at Monument Boulevard; 245 feet from the concrete channel downstream to Diamond Boulevard; 340- 380 feet downstream to Highway 4. Photo 1. Looking downstream near the downstream end of the maintenance reach. Banks, which are mechanically mowed, are visible (April 2017). REACH SETTING: This maintenance reach is situated in the lower-central portion of the Walnut Creek Watershed. Upstream of the maintenance reach, the channel is a concrete box channel. Photo 2. Looking upstream towards Highway 4, near the downstream end of the maintenance reach. This area had been recently grazed by livestock (September 2015). PHYSICAL CONDITIONS Active channel: The upstream portion of the reach from Bancroft Road downstream to the concrete channel near Monument Boulevard flows through a linear, gradually sloped trapezoidal channel with a low flow channel at the toe of slope. The low flow channel maintains a width of approximately 45-50 feet (defined by ordinary high water). Downstream of Monument Boulevard the creek flows through a two-stage channel with instream benches on both sides of the low flow channel. The channel remains relatively linear until passing the large grade control structure downstream of Highway 242. Downstream of the grade control structure, the low flow channel become more sinuous between the levee toes. Bed sediments/texture: Bed material varies throughout the reach. In general, bed material consists mostly of fine sands and silt; some rip rap- lined sections with fine material filling the interstitial space. Bank structure: Earthen banks for the majority of the reach with some portions of riprap banks. Smooth, vertical concrete walls in the 1,400-foot long concrete box channel in the vicinity of Monument Boulevard. Walnut Creek 2 of 4 Contra Costa County Public Works – Stream Maintenance Program July 2018 Water quality: Water appeared clear (April 11, 2017). Some trash accumulation downstream of Waterworld – likely associated with urban runoff and homeless encampments. Channel processes: Some sediment accumulation observed in the channel in some locations. Figure 1. Walnut Creek at maintenance reach. Walnut Creek Contra Costa County Public Works – Stream Maintenance Program 3 of 4 July 2018 BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: Some habitat for aquatic species exists, within this reach, especially in the downstream portions of the maintenance reach with emergent vegetation in the channel. Currently, steelhead are known to frequently enter the lower reaches of Walnut Creek, but their upstream migration is blocked by the drop structure at Willow Pass Road, a total fish passage barrier (Leidy et al. 2005). In addition, a drop structure located immediately downstream of Bancroft Road crossing is another total fish passage barrier, further blocking upstream migration. There is a potential that these barriers may be removed in the future as the best habitat for salmonids is the upper watershed. Flow is perennial in this reach, and the bottom portion of the reach is tidally influenced up to Highway 4. Vegetation Composition: Channel: Cattails (Typha sp.) and hardstem bulrush (Schoenoplectus acutus) are found in some portions of the maintenance reach, mainly in the downstream portion of the reach. Banks: Banks are generally dominated by herbaceous vegetation. Understory vegetation consists mostly of non-native annual grasses and weedy herbaceous species, such as wild radish (Raphanus sativus), poison hemlock (Conium maculatum), dock (Rumex sp.), and fennel (Foeniculum vulgare). Vegetation is generally absent in the concrete portions of the channel. The channel is void of trees or woody shrubs. A variety of tree species are present beyond the top of bank outside of the right-of-way. Walnut Creek 4 of 4 Contra Costa County Public Works – Stream Maintenance Program July 2018 Potential for Sensitive Species: Common Name Scientific Name Potential for occurring Fish Coho salmon Oncorhynchus kisutch Not expected. Lacks suitable habitat for spawning or rearing. Juveniles or adults may occur during periods of high flows and wet years. No potential to occur upstream of 242. Steelhead Oncorhynchus mykiss Possible. Lacks suitable habitat for spawning or rearing. Juveniles or adults may occur during periods of high flows and wet years. Steelhead are known to routinely enter the lower reaches of Walnut Creek. No potential to occur upstream of the drop structure at Willow Pass Road (Leidy et al. 2005). Chinook salmon Oncorhynchus tshawytscha Not expected. Migrating adults may stray into the maintenance reach during winter/spring high flows. However, upstream barriers prevent migrants from reaching spawning habitat and any encountered fish would be considered transient migrants. No potential to occur upstream of 242. Sacramento splittail Pogonichthys macrolepidotus Possible. This species is found in highly brackish waters and estuaries of Suisun Bay but is known to occur in Walnut Creek (Leidy 2007). However, the maintenance reach is near the upstream most extent of tidal influence and provides marginally suitable habitat. This species is possible downstream of Highway 4, but there is no potential to occur upstream of 242. Wildlife western pond turtle Emys marmorata Present. This species has been observed within this reach. San Pablo Creek – Reach 3 Contra Costa County Public Works – Stream Maintenance Program 5 of 4 July 2018 CHANNEL MAINTENANCE AND MANAGEMENT CONSIDERATIONS Routine maintenance in this reach includes mechanical and manual mowing, as well as some livestock grazing throughout the entire reach (with the exception the concrete box channel portion of the reach). Silt removal may also be necessary at the intersection of Bancroft Road and Imhoff Road. Photo 3. Looking upstream towards the confluence with Pine Creek. Tall vegetation is visible along the banks in the channel (September 2015). Photo 4. Walnut Creek in the vicinity of ditch cleaning activities (April 2017). Pinole Creek – Reach 1 Reach No. Upstream Cross Street Downstream Cross Street Length 1 Near end of La Salle Drive Outfall to San Pablo Bay 2,560 feet Contra Costa County Public Works – Stream Maintenance Program 1 of 6 July 2018 WATERSHED: Pinole Creek SUBBASIN: Pinole Creek LOCATION: From the instream cobble grade break near the end of La Salle Drive to the outfall to San Pablo Bay ADJACENT LAND USE: Open space to the north; single-family residential to the east and south; Waste treatment plant and boat/trailer parking to the west UPSTREAM: Reach 2 LENGTH: 2,560 feet AVERAGE TOP-OF-BANK WIDTH: 130-140 feet Photo 1. The channel is relatively shallow, wide, and free of large, woody vegetation. Tidal action has created a well- defined low-flow channel. This picture was taken during high tide (September 2015). REACH SETTING Reach 1 of Pinole Creek is located in the estuarial plain of the watershed and experiences muted tidal action. The reach begins downstream of a ribbon of cobbles and boulders stretching across the channel (near the intersection of La Salle Drive and Calais Drive), and continues for approximately 2,560 feet northwest until reaching San Pablo Bay (Figure 1). The reach is typical of an estuarial floodplain with a well-defined low flow channel, very subtly sloped banks, a wide floodplain and very gradually longitudinal profile. Access to the channel is available via paved pedestrian paths running parallel to the channel on top of both banks. The paths are located on the levee crests of both sides of the creek. Photo 2. The beginning of Reach 1 and hydrologic transition zone between tidal action and perennial freshwater flows. A ban of large cobbles and boulders stretching across the channel act as the informal boundary between the two hydrologic regimes (September 2015). PHYSICAL CONDITIONS Active channel: The channel is relatively wide, ranging between 130 and 140 feet, expanding over 150 feet in width downstream of Railroad Avenue before draining into San Pablo Bay. A single, low- flow narrower stable channel with a very gradual bed slope has been carved through muted tidal action (Photos 1 and 3). Bed sediments/texture: Fine silts and bay mud Bank structure: The top-of-banks are very subtle and are only a few feet above the water level during high tides (Photos 1, 3, and 4). A short (3-foot tall) floodwall runs along the top of both banks for the entire reach. Water quality: Water very turbid with suspended bay mud (September 2, 2015). No trash or debris was observed. The site visit occurred during high tide. Channel processes: With a very gradual slope and muted tidal processes, Reach 1 is a very low energy environment. This reduction in creek energy allows for fine sediment deposition. Although some sediment is transported to San Pablo Bay, deposition is widespread throughout this reach. Pinole Creek – Reach 1 2 of 6 Contra Costa County Public Works – Stream Maintenance Program July 2018 The wide in-channel floodplain allows for flows during high-high tides and storm events to be distributed over a relatively large area. Figure 1. Reach 1 of Pinole Creek acts as the boundary between the City of Pinole (southwest) and City of Hercules (northeast). Pinole Creek – Reach 1 Contra Costa County Public Works – Stream Maintenance Program 3 of 6 July 2018 BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: The well-defined main channel provides instream habitat for aquatic species commonly associated with brackish tidal marshes. Many shorebirds and wading birds might use the channel for foraging, especially during periods of low tide. Vegetation Composition: Channel: Pickleweed (Salicornia pacifica) is dominant in the middle elevations with salt grass (Distichlis spicata), gumplant (Gindelia stricta), and salt marsh baccharis (Baccharis glutinosa) present (Photos 1, 2, and 3). Cordgrass (Spartina sp.) is dominant in the downstream portions of the reach near the outfall into San Pablo Bay (Photo 4). Banks: Understory: The upper banks (higher elevation) are dominated by non-native, upland species including poison hemlock (Conium maculatum), wild oat (Avena fatua), ripgut brome (Bromus diandrus), Italian rye grass (Festuca perennis), and wild radish (Raphanus sativus). Other commonly present species were wild teasel (Dipsacus fullonum), curly dock (Rumex crispus), Himalayan blackberry (Rubus armeniacus), and black mustard (Brassica nigra). Overstory/Canopy: Very few trees grow within the channel, as is typical in a brackish marsh, with only a handful of willow (Salix sp.) and cottonwood (Populus fremontii) near the upstream portions of Reach 1 at the top of the left bank. Additionally, some large coyote brush (Baccharis pilularis) line the left bank. On the outer side of the pedestrian pathway, mature trees are present throughout the reach within resident’s backyards, mostly beyond the right bank (Photos 1 and 3). Most trees are landscaped with reoccurring native and cultivar species consisting of cottonwood, maple (Acer sp.), fan palm (Washingtonia filifera), eucalyptus (Eucalyptus sp.), walnut (Juglans sp.), Canary Island date palm (Phoenix canariensis), California buckeye (Aesculus californica), and Monterey pine (Pinus radiata). Potential for Sensitive Species and Fish or Wildlife Observations: Common Name Scientific Name Potential for occurring Plants Chloropyron molle ssp. molle (=Cordylanthus mollis ssp. mollis) soft salty bird's-beak Possible. Potentially suitable habitat exists in this reach. Polygonum marinense Marin knotweed Possible. Potentially suitable habitat exists in this reach. Fish Acipenser medirostris Southern Green Sturgeon Possible. This species may be found in the lower reaches of Pinole Creek. Acipenser transmontanus White Sturgeon Possible. This species may be found in the lower reaches of Pinole Creek. Archoplites interruptus Sacramento Perch Possible. This species may be found in the lower reaches of Pinole Creek. Catostomus occidentalis occidentalis Sacramento Sucker Present. This species has been observed in the lower reaches of Pinole Creek (Leidy 2007). Pinole Creek – Reach 1 4 of 6 Contra Costa County Public Works – Stream Maintenance Program July 2018 Entosphenus tridentate Pacific Lamprey Possible. This species may be found in the lower reaches of Pinole Creek. Oncorhynchus kisutch Central Coast Coho Salmon Possible. This species may be found in the lower reaches of Pinole Creek. Oncorhynchus mykiss Steelhead - Central Valley DPS/ Central Coast DPS Present. Pinole Creek supports reproducing steelhead (Becker et al. 2007). Oncorhynchus mykiss irideus Coastal Rainbow Trout Present. This species has been observed in the lower reaches of Pinole Creek (Leidy 2007). Thaleichthys pacificus Eulachon Possible. This species may be found in the lower reaches of Pinole Creek. Wildlife Asio flammeus Short-eared Owl Possible. Potentially suitable habitat exists in this reach. Circus cyaneus Northern Harrier Possible. Suitable habitat exists in this reach but the presence of feral cats and off-leash dog walking may limit species success. Elanus leucurus White-tailed Kite Possible. Suitable habitat exists in this reach. Falco peregrinus anatum American Peregrine Falcon Possible. Potentially suitable habitat exists in this reach. This species has been observed in Bayfront Park, approximately 750 feet southwest of Reach 1. Geothlypis trichas sinuosa Saltmarsh Common Yellowthroat Possible. Potentially suitable habitat exists in this reach. Laterallus jamaicensis coturniculus California Black Rail Possible. Potentially suitable habitat exists in this reach. Melospiza melodia samuelis San Pablo Song Sparrow Possible. Potentially suitable habitat exists within the brackish marsh areas. Rallus longirostris obsoletus Ridgeway's Rail Not expected. Marginally suitable habitat exists in this reach. Presence of feral cats and off-leash dog walking may further limit species success. Xanthocephalus xanthocephalus Yellow-headed Blackbird Not expected. Although marginally suitable habitat exists, Reach 1 is far outside of any recent/historic range for this species. Microtus californicus sanpabloensis San Pablo vole Possible. Potentially suitable habitat exists in this reach. Reithrodontomys raviventris salt-marsh harvest mouse Possible. Potentially suitable habitat exists in this reach. Sorex vagrans halicoetes salt-marsh wandering shrew Possible. Potentially suitable habitat exists in this reach. Pinole Creek – Reach 1 Contra Costa County Public Works – Stream Maintenance Program 5 of 6 July 2018 For more detailed discussion on sensitive species, see Chapter 4 of the Manual. MAINTENANCE CONSIDERATIONS AND MANAGEMENT OPPORTUNITIES General maintenance considerations include repair of the access/pedestrian path, vegetation mowing along the upper banks adjacent to the pedestrian paths, and occasional trash and homeless encampment removal. Conditions of the floodwall and adjoining chain-link fence require continued monitoring and as-needed repair (Photo 3). Due to the depositional conditions of Reach 1, periodic dredging of the channel may be necessary to restore adequate channel conveyance. However, most flows are likely to be sufficiently contained by with the floodwalls along the top-of-banks. No maintenance actions are recommended at this time. In 1965, the U.S. Army Corps of Engineers (USACE) straightened and converted the lowest 1.5 miles of Pinole Creek (Reach 1 through 6) to an earthen trapezoidal flood control channel to provide flood protection for downtown Pinole from the 50-year flood. However, flooding still occurs along this portion of the channel during 10-year flood events. The County will consider long-term plans that provide increase flood control capacity with greater habitat value through potential tree plantings along the riparian corridor. Pinole Creek – Reach 1 6 of 6 Contra Costa County Public Works – Stream Maintenance Program July 2018 Photo 3. Looking upstream from the Bay Trail near Railroad Avenue. A 3-foot floodwall, constructed by the U.S. Army Corps of Engineers, runs along the top-of-bank, as indicated by the arrows (September 2015). Photo 4. Pinole Creek as it drains into San Pablo Bay. This picture was taken during high tide (September 2015). Pinole Creek – Reach 2 Reach No. Upstream Cross Street Downstream Cross Street Length 2 Intersection of Charles Avenue and Pinole Valley Road La Salle Drive 990 feet Contra Costa County Public Works – Stream Maintenance Program 1 of 5 July 2018 WATERSHED: Pinole Creek SUBBASIN: Pinole Creek LOCATION: Downstream of the concrete channel near the intersection of Pinole Valley Road and Charles Avenue to the instream cobble grade break near the end of La Salle Drive ADJACENT LAND USE: Single-family residential to the north; playing fields and park to the west (Fernandez Park); small livestock area and senior center to the east; mixed commercial uses to the south. An active railway crossing bisects the channel near mid-reach. UPSTREAM: Reach 3 LENGTH: 990 feet AVERAGE TOP-OF-BANK WIDTH: 125-130 feet Photo 1. The upstream portion of Reach 2 as it exits the concrete box channel (Reach 3). The outfall area acts as a small sediment basin (September 2015). REACH SETTING Reach 2 of Pinole Creek is a relatively short reach downstream of the concrete box channel (Reach 3) before entering the tidal zone (Reach 1). This reach is located within the lower alluvial plain of the watershed and has a very gradual slope. The channel and banks are earthen throughout and fairly wide. Emergent vegetation is prevalent throughout the wetted channel. Photo 2. Much of the channel capacity has been reduced by accumulated sediment that now supports emergent vegetation (September 2015). PHYSICAL CONDITIONS Active channel: 17-20 foot wide, single stage channel. The reach maintains relatively adequate bank setbacks. Moving downstream, the channel begins to evolve into a more trapezoidal structure. Bed sediments/texture: sandy silt with mixed cobble Bank structure: Earthen banks with slopes ranging from 1:3 to 1:2. Water quality: Most of the wetted channel supported emergent vegetation. Where open water was observed near bridges and deeper areas, water appeared clear and of high quality (September 2, 2015). Channel processes: This reach is generally depositional due to its position within the lower watershed and the channel’s gradual slope. Aggradation begins at the upstream end of the reach where the channel transitions from concrete box channel to earthen channel and widens (Photo 1). Instream deposition is prominent throughout the reach. Sparse canopy cover promotes emergent vegetative growth, which compounds deposition rates further. Riffles and erosional areas are nominal. Pinole Creek – Reach 2 2 of 5 Contra Costa County Public Works – Stream Maintenance Program July 2018 Figure 1. With a riparian corridor, a public park, playing field, and livestock, impervious surfaces are minimal near to Reach 2, especially for an urban environment. Pinole Creek – Reach 2 Contra Costa County Public Works – Stream Maintenance Program 3 of 5 July 2018 BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: Reach 2 maintains perennial flows. Freshwater and brackish fish species may be found within this reach. The sandy substrate with interbedded cobbles provides some habitat complexity for many aquatic species. Open water areas near the park pedestrian bridge and railway crossing support a substantial number of water fowl (mostly mallards [Anas platyrhynchos]); approximately 100 birds were observed. The population is artificially sustained through feeding from park users. Open water beyond the shadowing effects from the bridges is otherwise limited due to dense monocultures of emergent vegetation. Perennial flows, the sizable channel width, and mature trees along the margins of the channel provide foraging opportunities for wading and passerine bird speices. Vegetation Composition: Channel: Floating primrose willow (Ludwigia sp.) is dominant in many portions of the reach, with cattail (Typha sp.) co-dominant in some areas. The margins of the channel support cocklebur (Xanthium strumarium), knotgrass (Paspalum distichum), giant horsetail (Equisetum telmateia), and tall flatsedge (Cyperus eragrostis). Banks: Understory: Both banks support non-native grasses, consisting mainly of wild oat (Avena fatua), ripgut brome (Bromus diandrus), and Harding grass (Phalaris aquatic). Other present species include Smilo grass (Stipa miliacea), English ivy (Hedera helix), horseweed (Erigeron canadensis), wild radish (Raphanus sativus), bristly ox-tongue (Helminthotheca echioides), common sow thistle (Sonchus oleraceus), fennel (Foeniculum vulgar), poison hemlock (Conium maculatum), and mustard (Brassica sp.). A dense thicket of Himalayan blackberry (Rubus armeniacus) covers the left bank adjacent the Park Street. Overstory/Canopy: Walnut trees (Juglans sp.) that grow at the top of the banks are the most dominant species, with a mix of other species present including wattle (Acacia sp.), cottonwood (Populus fremontii), and oaks (Quercus spp.). Canopy cover of the channel is low. Recruitment of young trees is also low, with only a few small walnut saplings in the channel. Potential for Sensitive Species and Fish or Wildlife Observations: Common Name Scientific Name Potential for occurring Plants Cicuta maculata var. bolanderi Bolander's water- hemlock Possible. Potentially suitable habitat exists in this reach. Scutellaria galericulata marsh skullcap Possible. Potentially suitable habitat exists in this reach. Fish Acipenser medirostris Southern Green Sturgeon Not expected. This species may be found in the brackish, lower reaches of Pinole Creek. Habitat becomes less suitable moving upstream. Acipenser transmontanus White Sturgeon Not expected. This species may be found in the brackish, lower reaches of Pinole Creek. Habitat becomes less suitable moving upstream. Archoplites interruptus Sacramento Perch Possible. This species may be found in the lower reaches of Pinole Creek. Potential habitat is limited in Reach 2. Pinole Creek – Reach 2 4 of 5 Contra Costa County Public Works – Stream Maintenance Program July 2018 Catostomus occidentalis occidentalis Sacramento Sucker Possible. This species has been observed in the lower reaches of Pinole Creek (Leidy 2007). Cottus aleuticus Coastrange Sculpin Possible. This species may be found in the lower reaches of Pinole Creek. Potential habitat is limited in Reach 2. Cottus asper subspecies Prickly Sculpin Possible. Potential habitat may support this species in the lower reaches of Pinole Creek. Entosphenus tridentate Pacific Lamprey Not expected. Habitat for this species is marginal. Gasterosteus aculeatus Threespine Stickleback Possible. Potential habitat may support this species in the lower reaches of Pinole Creek. Lavinia symmetricus California Roach Possible. Potential habitat may support this species in the lower reaches of Pinole Creek. Oncorhynchus kisutch Central Coast Coho Salmon Not expected. This species may be found in the brackish, lower reaches of Pinole Creek. Habitat becomes less suitable moving upstream. Oncorhynchus mykiss Steelhead - Central Valley DPS/ Central Coast DPS Present. Pinole Creek supports reproducing steelhead (Becker et al. 2007). Oncorhynchus mykiss irideus Coastal Rainbow Trout Present. This species has been observed in the lower reaches of Pinole Creek (Leidy 2007). Ptychocheilus grandis Sacramento Pikeminnow Present. This species has been observed in the lower reaches of Pinole Creek (Leidy 2007). Siphatales crassicauda Thicktail Chub Not expected. This species is likely extirpated from the watershed, but could historically be found in the lower reaches of Pinole Creek. Thaleichthys pacificus Eulachon Not expected. This species would be found in the brackish, lower reach of Pinole Creek. Wildlife Emys marmorata western pond turtle Possible. Potentially suitable habitat exists in this reach, especially in areas with deeper pools. For more detailed discussion on sensitive species, see Chapter 4 of the Manual. MAINTENANCE CONSIDERATIONS AND MANAGEMENT OPPORTUNITIES Reach 2 was previously converted to a flood control channel by the USACE to provide flood protection for downtown Pinole from the 50-year flood. Current maintenance activities in Reach 2 focus on vegetation management along the top of both banks, especially near the pedestrian paths. Within this reach, emergent vegetation thrives in part because sparse canopy covers the channel. Instream vegetation consisting of dense mats of floating primrose willow and cattail decrease the ability of the channel to convey flows. The emergent vegetation also increases depositional rates through the reach, further reducing conveyance capacity. Downstream Pinole Creek – Reach 2 Contra Costa County Public Works – Stream Maintenance Program 5 of 5 July 2018 of the railroad tracks, planting of trees near the low-flow portion of the channel would help shade out emergent vegetation. However, any such tree planting would need to be evaluated for potential loss of conveyance capacity and increased roughness and whether the channel can accommodate such changes. Tree planting along the banks could also reduce growth of weedy plant species and frequency of vegetation management activities within the reach. Additionally, the planting of trees could be used as mitigation for other District maintenance projects and would improve aesthetics of this stretch of Pinole Creek. Periodic sediment removal may be necessary in order to restore channel conveyance. The upstream portion of the reach near the concrete box channel should be a focal point for vegetation and sediment removal activities. Because the channel expands as it exits the concrete outfall, this area acts as an unintended sediment catch basin. By concentrating annual maintenance efforts at this location, the total area of impact to channel would be reduced. Photo 3. Looking upstream with the railroad crossing (background) roughly marks the halfway point of Reach 2. Downstream of the crossing, trees are absent from the channel and located beyond the top of both banks (September 2015). Photo 4. Facing upstream from transition area between Reach 1 and 2, this photo shows how emergent vegetation is greatly reducing the conveyance capacity of the channel. Pockets of dense cattail fill the channel downstream of the railway crossing in several areas (September 2015). Pinole Creek – Reach 3 Reach No. Upstream Cross Street Downstream Cross Street Length 3 Intersection of Samuel Street and Pinole Valley Road Intersection of Charles Avenue and Pinole Valley Road 475 feet Contra Costa County Public Works – Stream Maintenance Program 1 of 4 July 2018 WATERSHED: Pinole Creek SUBBASIN: Pinole Creek LOCATION: Approximately 230 feet upstream and downstream of San Pablo Avenue ADJACENT LAND USE: Single-family residential to the north and east; mixed commercial to the west and south. UPSTREAM: Reach 4 LENGTH: 475 feet AVERAGE TOP-OF-BANK WIDTH: 21-23 feet Photo 1. Looking upstream from San Pablo Avenue (September 2015). REACH SETTING Reach 3 of Pinole Creek is a short, narrow concrete box channel designed to convey flows past San Pablo Avenue. Two sediment bars have formed with the channel, one upstream and one downstream of San Pablo Avenue. Photo 2. Looking upstream from just before the transition to Reach 2 (September 2015). PHYSICAL CONDITIONS Active channel: 21-23 foot wide, concrete box channel (Photos 1 and 2). The channel bends slightly west near the San Pablo Avenue crossing. Bed sediments/texture: Deposited silts and sands overlaying a concrete bed Bank structure: Vertical concrete walls, approximately 8 feet tall Water quality: Water was 10-16 inches deep and appeared clear (September 2, 2015). Channel processes: The channel is designed to convey flows quickly downstream. Most sediment is likely transported through the reach. However, a sediment bar has developed on the right side of the channel upstream of San Pablo Avenue (Photo 1) and on the left side downstream of San Pablo Avenue (Photo 2). Pinole Creek – Reach 3 2 of 4 Contra Costa County Public Works – Stream Maintenance Program July 2018 Figure 1. Reach 3 of Pinole Creek is very short. The channel constricts significantly as in enters the concrete box channel and expands rapidly at the concrete outfall. Pinole Creek – Reach 3 Contra Costa County Public Works – Stream Maintenance Program 3 of 4 July 2018 BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: The bed substrate is relatively homogenous with little fluctuations in texture (sand). In addition, the concrete vertical walls, bed, and rectangular channel shape provide little variance or habitat complexity. Canopy cover is nearly absent but the San Pablo Avenue crossing does offer some shading of the channel. Instream habitat value is minimal, although instream sediment bars do somewhat increase the value. Vegetation Composition: Channel: Floating primrose willow (Ludwigia sp.) and cattail (Typha sp.) are co-dominant. Many species associated with disturbed environments, such as cocklebur (Xanthium strumarium), white sweetclover (Melilotus albus), curly dock (Rumex crispus), wild radish (Raphanus sativus), Smilo grass (Stipa miliacea), willowherb (Epilobium brachycarpum), and rabbitsfoot grass (Polypogon monspeliensis), were all present on the sediment bars above the wetted channel. Banks: Understory: Bank vegetation is limited to weedy species (e.g., poison hemlock [Conium maculatum], Smilo grass [Stipa miliacea], wild oat [Avena fatua], and English ivy [Hedera helix]) growing in cracks along the top of the banks or escaped cultivar (e.g., oleander [Nerium oleander] and common sweet pea [Lathyrus odoratus]) overhanging the concrete walls. Overstory/Canopy: Overstory vegetation is restricted to a small group of mature trees planted near San Pablo Avenue. Species include walnut (Juglans sp.), oak (Quercus sp.), redwood (Sequoia sempervirens), pines (Pinus spp.), and street trees. Potential for Sensitive Species and Fish or Wildlife Observations: Pinole Creek – Reach 3 4 of 4 Contra Costa County Public Works – Stream Maintenance Program July 2018 Common Name Scientific Name Potential for occurring Plants Sensitive plant species are not expected in this reach. Fish Archoplites interruptus Sacramento Perch Possible. This species may be found in the lower reaches of Pinole Creek. Potential habitat is limited moving upstream. Catostomus occidentalis occidentalis Sacramento Sucker Possible. This species has been observed in the lower reaches of Pinole Creek (Leidy 2007). Cottus aleuticus Coastrange Sculpin Possible. This species may be found in the lower reaches of Pinole Creek. Potential habitat is limited moving upstream. Cottus asper subspecies Prickly Sculpin Possible. This species may be found in the lower reaches of Pinole Creek. Potential habitat is limited moving upstream. Gasterosteus aculeatus Threespine Stickleback Possible. This species may be found in the lower reaches of Pinole Creek. Potential habitat is limited moving upstream. Lavinia symmetricus California Roach Possible. Potential habitat may support this species in the lower reaches of Pinole Creek. Oncorhynchus mykiss Steelhead - Central Valley DPS/ Central Coast DPS Present. Pinole Creek supports steelhead (Leidy et al. 2005). Oncorhynchus mykiss irideus Coastal Rainbow Trout Present. This species has been observed in the lower reaches of Pinole Creek (Leidy 2007). Ptychocheilus grandis Sacramento Pikeminnow Present. This species has been observed in the lower reaches of Pinole Creek (Leidy 2007). Wildlife Sensitive wildlife species are not expected in this reach. For more detailed discussion on sensitive species, see Chapter 4 of the Manual. MAINTENANCE CONSIDERATIONS AND MANAGEMENT OPPORTUNITIES Reach 3 was previously converted to a flood control channel by the USACE to provide flood protection for downtown Pinole from the 50-year flood. Due to the concrete box channel, tree planting along this reach is not feasible. The concrete box channel requires routine maintenance such as caulking of cracks, mending of the chain- link fence, and graffiti removal. Periodic removal of instream sediment bars and vegetation is also required. Instream maintenance activities can likely be deferred at this time, even with the formation of two sediment bars. Available channel capacity appears adequate to convey stormwater flows. This location should be monitored during storm events to verify floodwaters do not inundate the San Pablo Avenue crossing. Further sediment deposition and reduction of channel capacity may warrant instream maintenance actions. Pinole Creek – Reach 4 Reach No. Upstream Cross Street Downstream Cross Street Length 4 Intersection of Downer Street and Pinole Valley Road Intersection of Samuel Street and Pinole Valley Road 1,155 feet Contra Costa County Public Works – Stream Maintenance Program 1 of 5 July 2018 WATERSHED: Pinole Creek SUBBASIN: Pinole Creek LOCATION: From the end of the concrete channel (Reach 5), near the intersection of Downer Street and Pinole Valley Road, downstream to the beginning of the concrete channel (Reach 3), near the intersection of Samuel Street and Pinole Valley Road ADJACENT LAND USE: Single-family residential with mixed commercial to the northwest UPSTREAM: Reach 5 LENGTH: 1,155 feet AVERAGE TOP-OF-BANK WIDTH: 100-110 feet Photo 1. Upstream portion of Reach 4 as it transitions from concrete (Reach 5) to earthen channel. REACH SETTING Reach 4 of Pinole Creek flows through an earthen engineered trapezoidal channel. This section of the creek is linear. Due to the reduction in channel slope in Reach 4, sediment carried from upstream areas begins to deposit within this reach. A pattern of alternating sections of sediment deposits with emergent vegetation, alternating with open water areas, repeats throughout the reach. Tree cover is sparse and non- native weedy species dominate both banks and require regular maintenance. Maintenance workers can access the channel from a paved pedestrian path on top of the left bank. A free spanning, pedestrian footbridge crosses the channel at the end of Prune Street. Photo 2. A pedestrian path parallels the left bank and Pinole Valley Road parallels the right bank. Canopy cover over the channel is sparse (September 2015). PHYSICAL CONDITIONS Active channel: 17-20 foot wide, single stage channel. Reach 4 is linear with one slight bend to the northwest near the middle of the reach. Bed sediments/texture: Silty sand with some mixed cobble Bank structure: Earthen banks with slopes ranging from 1:3 to 1:2. Rock slope protection (RSP) surrounds a stormdrain outfall near Downer Street and is placed strategically in several other locations near the top of bank where stormwater runoff occurs. Water quality: Water appeared clear and of high quality. Water depth averaged 10-12 inches at the thalweg (September 2, 2015). Channel processes: The reach appears to be slightly aggrading, with some minor sediment bars distributed throughout the reach and along the margins of the wetted channel. Emergent vegetation clogs the channel in many areas, specifically the following locations: near the storm drain outfall at Downer Street, downstream of (but not related to) the pedestrian footbridge that Pinole Creek – Reach 4 2 of 5 Contra Costa County Public Works – Stream Maintenance Program July 2018 connects to Prune Street, and approximately 150 feet upstream of Reach 3 and another concrete box culvert. Figure 1. Reach 4 is a linear channel through residential area of the City of Pinole. Pinole Creek – Reach 4 Contra Costa County Public Works – Stream Maintenance Program 3 of 5 July 2018 BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: The mixed substrate of sand and cobble and relatively high water quality provides suitable habitat for benthic invertebrates. However, the shallow water depths and a general lack of canopy cover and instream complexity limit the extent of available refugia and habitat for many larger aquatic vertebrates. This allows for easier predation and may be used for foraging by waterfowl and other wading birds. Vegetation Composition: Channel: Much of the channel supports emergent vegetation consisting of knotgrass (Paspalum distichum), fat hen (Atriplex prostrata), and floating primrose willow (Ludwigia sp.). Cattail (Typha sp.) and cocklebur (Xanthium strumarium) are also present at a lesser degree. Banks: Understory: Both banks support non-native grasses, such as wild oat (Avena fatua), ripgut brome (Bromus diandrus), and Harding grass (Phalaris aquatic); and herbs, including wild radish (Raphanus sativus), pepperweed (Lepidium latifolium), bristly ox-tongue (Helminthotheca echioides), poison hemlock (Conium maculatum), mustard (Brassica sp.), Himalayan blackberry (Rubus armeniacus), curly dock (Rumex crispus), and sweetclover (Melilotus sp.). Dense pockets of giant horsetail (Equisetum telmateia) were also scattered throughout the reach. Overstory/Canopy: Most mature trees line the roadside and top-of-banks. Redwoods (Sequoia sempervirens) and pines (Pinus spp.) are the most commonly occurring species with walnut (Juglans sp.), oak (Quercus sp.), cottonwood (Populus fremontii), and fan palm (Washingtonia filifera) also present. Canopy cover of the channel is low. Recruitment of young trees is also low but several saplings were present near the downstream end of the reach. Pinole Creek – Reach 4 4 of 5 Contra Costa County Public Works – Stream Maintenance Program July 2018 Potential for Sensitive Species and Fish or Wildlife Observations: Common Name Scientific Name Potential for occurring Plants Fritillaria agrestis stinkbells Possible. Potentially suitable habitat exists in this reach. Holocarpha macradenia Santa Cruz tarplant Possible. Potentially suitable habitat exists in this reach. Fish Archoplites interruptus Sacramento Perch Not expected. This species may be found in the lower reaches of Pinole Creek. Potential habitat is limited moving upstream. Catostomus occidentalis occidentalis Sacramento Sucker Possible. This species has been observed in the lower reaches of Pinole Creek (Leidy 2007). Cottus aleuticus Coastrange Sculpin Not expected. This species may be found in the lower reaches of Pinole Creek. Potential habitat is limited moving upstream. Cottus asper subspecies Prickly Sculpin Not expected. This species may be found in the lower reaches of Pinole Creek. Potential habitat is limited moving upstream. Gasterosteus aculeatus Threespine Stickleback Not expected. This species may be found in the lower reaches of Pinole Creek. Potential habitat is limited moving upstream. Lavinia symmetricus California Roach Possible. Potential habitat may support this species in the lower reaches of Pinole Creek. Oncorhynchus mykiss Steelhead - Central Valley DPS/ Central Coast DPS Present. Pinole Creek supports steelhead (Leidy et al. 2005). Oncorhynchus mykiss irideus Coastal Rainbow Trout Possible. This species has been observed in the lower reaches of Pinole Creek (Leidy 2007). Ptychocheilus grandis Sacramento Pikeminnow Possible. This species has been observed in the lower reaches of Pinole Creek (Leidy 2007). Wildlife Emys marmorata western pond turtle Possible. Potentially suitable habitat exists in this reach. For more detailed discussion on sensitive species, see Chapter 4 of the Manual. Pinole Creek – Reach 4 Contra Costa County Public Works – Stream Maintenance Program 5 of 5 July 2018 MAINTENANCE CONSIDERATIONS AND MANAGEMENT OPPORTUNITIES Maintenance considerations for this reach include management of non-native grasses and weedy vegetation on both banks. Maintenance activities may also address repair of the access road/pedestrian path and the storm drain culvert and outfall occur on an as-needed basis. Vegetation removal may be necessary where dense vegetation has accumulated instream to preserve channel conveyance capacity. Vegetation removal would also slow down the rate of deposition, potentially to a level where dredging activities would only be necessary following years with very large storm events. Reach 4 was also previously converted to a flood control channel by the USACE to provide flood protection for downtown Pinole from the 50-year flood. The County will consider long-term plans that provide increase flood control capacity with greater habitat value such as enhancing the canopy cover of the riparian corridor to slow or hinder emergent vegetative growth. If channel conveyance capacity and hydraulic roughness conditions allow, trees could be planted mid-bank and adjacent to the pedestrian path and Pinole Valley Road to establish a dense canopy cover and shade out any instream vegetation. Tree planting along the banks could also reduce growth of weedy plant species and frequency of vegetation management activities within the reach. Additionally, the planting of trees could be used as mitigation for other District maintenance projects and would improve aesthetics of this stretch of Pinole Creek. However, any such tree planting would need to be evaluated for potential loss of conveyance capacity and increased roughness and whether the channel can accommodate such changes. Photo 3. Stormdrain outfall with RSP near Downer Street. This location is aggrading, most likely from expelled stormwater runoff carrying suspended sediment, and supports dense emergent vegetation (September 2015). Photo 4. Much of the reach is aggrading and supports fairly dense emergent vegetation (September 2015). Pinole Creek – Reach 5 Reach No. Upstream Cross Street Downstream Cross Street Length 5 Tennent Avenue Intersection of Downer Street and Pinole Valley Road 230 feet Contra Costa County Public Works – Stream Maintenance Program 1 of 4 July 2018 WATERSHED: Pinole Creek SUBBASIN: Pinole Creek LOCATION: Between the Tennant Avenue crossing to the area near the Downer Street and Pinole Valley Road intersection ADJACENT LAND USE: Single-family residential to the north, west, and east; Collins Elementary school to the south UPSTREAM: Reach 6 LENGTH: 230 feet AVERAGE TOP-OF-BANK WIDTH: 25 feet Photo 1. Upstream end of Reach 5 looking downstream from Tennent Avenue crossing (September 2015). REACH SETTING Reach 5 of Pinole Creek is a short, narrow concrete box channel that passes beneath Tennent Avenue. This is a transitional reach connecting the longer, wider earthen reaches upstream (Reach 6) with the more urban engineered channels downstream (Reach 4). Photo 2. Sediment bar on the downstream side of the Tennant Avenue crossing (September 2015). PHYSICAL CONDITIONS Active channel: 25-foot wide, concrete box channel (Photos 1 and 2). The channel bends slightly north near the Tennant Avenue crossing. Bed sediments/texture: Deposited silty sand overlies bottom of concrete channel Bank structure: Vertical concrete walls, approximately 8 feet tall Water quality: Water was 10-14 inches deep and appeared clear (September 2, 2015) Channel processes: The concrete banks and bed convey flows quickly downstream of the Tennent Avenue crossing. Most sediment is transported through the reach, with the exception of a moderate sediment bar on the downstream side of Tennent Avenue crossing (Photo 2) and a smaller point bar farther downstream on the inside (left bank) of a gradual bend in the channel. The bar is a product of the upstream angle at which the creek enters the concrete channel and a subtle bend in the channel after it passes the Tennent Avenue crossing. Pinole Creek – Reach 5 2 of 4 Contra Costa County Public Works – Stream Maintenance Program July 2018 Figure 1. Reach 5 of Pinole Creek is very short. The channel constricts significantly as in enters a concrete box channel downstream of Collins Elementary School and passes Tennent Avenue. Pinole Creek – Reach 5 Contra Costa County Public Works – Stream Maintenance Program 3 of 4 July 2018 BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: The concrete vertical walls and rectangular shape of the channel provide little variance or habitat complexity. A sufficient layer of sand overlies the concrete bed and much of it provides some habitat for benthic organisms. The channel is partially shaded by large redwoods (Sequoia sempervirens) that border the downstream side of the Tennent Avenue crossing. Habitat value for most aquatic organisms would be considered low. Vegetation Composition: Channel: A moderate sized sediment bar on the downstream face of the crossing and a smaller bar along the left bank wall support instream vegetation with fat hen (Atriplex prostrata) dominant and cocklebur (Xanthium strumarium), cattail (Typha sp.), and floating primrose willow (Ludwigia sp.) present. Banks: Understory: Vertical concrete banks prohibit vegetative growth. Beyond the top-of-bank, non-native grasses (wild oat [Avena fatua], ripgut brome [Bromus diandrus], and Smilo grass [Stipa miliacea]) are dominant with other weedy species (pampas grass [Cortaderia jubata], wild radish [Raphanus sativus], horseweed [Erigeron Canadensis], and bristly ox-tongue [Helminthotheca echioides] present. Overstory/Canopy: Tree growth is restricted to beyond the top of bank bordering the roadside or within residences back yards. Several mature redwood and oak (Quercus sp.) are young walnut (Juglans sp.), and pine (Pinus sp.) are present. Potential for Sensitive Species and Fish or Wildlife Observations: Common Name Scientific Name Potential for occurring Plants Sensitive plant species are not expected in this reach. Fish Catostomus occidentalis occidentalis Sacramento Sucker Possible. This species has been observed in the lower reaches of Pinole Creek (Leidy 2007). Lavinia symmetricus California Roach Possible. Potential habitat may support this species in the lower reaches of Pinole Creek. Oncorhynchus mykiss Steelhead - Central Valley DPS/ Central Coast DPS Possible. Pinole Creek supports steelhead (Leidy et al. 2005). Oncorhynchus mykiss irideus Coastal Rainbow Trout Possible. This species has been observed in the lower reaches of Pinole Creek (Leidy 2007). Ptychocheilus grandis Sacramento Pikeminnow Possible. This species has been observed in the lower reaches of Pinole Creek (Leidy 2007). Wildlife Sensitive wildlife species are not expected in this reach. For more detailed discussion on sensitive species, see Chapter 4 of the Manual. Pinole Creek – Reach 5 4 of 4 Contra Costa County Public Works – Stream Maintenance Program July 2018 MAINTENANCE CONSIDERATIONS AND MANAGEMENT OPPORTUNITIES Reach 5 was previously converted to a flood control channel by the USACE to provide flood protection for downtown Pinole from the 50-year flood. Due to the concrete box channel, tree planting along this reach is not feasible. Maintenance considerations for the concrete box channel include caulking of cracks and repair of the chain-link fence on an as-needed basis. Periodic removal of sediment downstream of the Tennent Avenue crossing may also be necessary. In-channel maintenance activities can be deferred until the sediment bar in the middle of the channel substantially reduces the cross-sectional area of the culvert such that a backwatering effect occurs on the upstream side of the Tennent Avenue crossing. Removal of the sediment bar along the toe of the left bank wall can be deferred until the bar significantly extends into the channel (approximately half of the channel width) or another sediment removal project of the upstream bar is necessary. Pinole Creek – Reach 6 Reach No. Upstream Cross Street Downstream Cross Street Length 6 Interstate 80 Tennent Avenue 2,680 feet Contra Costa County Public Works – Stream Maintenance Program 1 of 5 July 2018 WATERSHED: Pinole Creek SUBBASIN: Pinole Creek LOCATION: Between Interstate 80 (I-80) downstream to Tennent Avenue ADJACENT LAND USE: An open space belt parallels the left bank; suburban and medium density residential uses are located beyond the open space belt to the north and west; Collins Elementary School to the northeast; office and commercial mixed use to the southeast; I-80 highway is to the south. Henry Avenue crossing traverses the reach. UPSTREAM: Reach 6 LENGTH: 2,680 feet AVERAGE TOP-OF-BANK WIDTH: 110-120 feet Photo 1. The upstream end of Reach 6 as it exits the culvert under I-80 (background). REACH SETTING Reach 6 of Pinole Creek is an engineered earthen channel that conveys flows from I-80, past a residential area and school zone, to Tennent Avenue and a concrete box channel (Reach 4). Rock slope protection (RSP) armors many locations of the reach, especially around direction changes in the channel, culvert outfalls, and instream structures (i.e., Henry Avenue crossing). Gravel access roads parallel both sides of the channel along the top-of-bank. The channel is relatively steep in some sections of this reach, and generally steeper than the reaches downstream in the watershed. Photo 2. The first of two bends upstream of Henry Avenue. Relatively steep channel in this section. A small point bar is developing on the inside of the channel bend (September 2015). PHYSICAL CONDITIONS Active channel: 23-28 foot wide, engineered earthen trapezoidal, single stage channel. Reach 6 is linear with three significant bends, two just upstream of Henry Avenue, and one just upstream of Tennent Avenue. Several small main channel riffle and pool areas have developed in areas with rapid changes in elevation. Bed sediments/texture: Cobble and boulders with silty sand infill Bank structure: Earthen banks with a slope of 1:1.5. Large and medium sized RSP has been placed at the toe of the slope and mid-bank in areas that experience more forceful flows and/or erosion. The channel is fairly homogenous, maintaining the general dimensions and shape throughout the reach. Water quality: Water appeared fairly clear where movement occurred but turbid and with dense filamentous algae in deeper pool areas. Water depth varied from 10-20 inches at the thalweg (September 2, 2015). Pinole Creek – Reach 6 2 of 5 Contra Costa County Public Works – Stream Maintenance Program July 2018 Channel processes: This reach experiences a significant drop in elevation and has historically incised. RSP was installed at several locations to stabilize the bank and limit erosive forces. Following several years of drought conditions, few active signs of erosion were observed. In fact, deposition has occurred in several locations where changes in the direction of flow result in lower energy environments. The creek may be approaching equilibrium. Figure 1. Reach 6 maintains a wider riparian corridor than the lower reaches of Pinole Creek. Collins Elementary School is located on the right side (northeast side) of the channel. Pinole Creek – Reach 6 Contra Costa County Public Works – Stream Maintenance Program 3 of 5 July 2018 BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: Perennial flows, minor riffles and pools, a board variation in bed substrate, and moderate vegetative growth instream and/or along the margins of the channel provide suitable habitat for a wide array of aquatic organisms. A moderate population of small fish species would be expected throughout the reach. During site visits (August and September 2015), great egrets (Ardea alba) were observed foraging on schools of unidentified minnows. Vegetation Composition: Channel: Where deposition has occurred, instream vegetation has taken root with knotgrass (Paspalum distichum) and cocklebur (Xanthium strumarium) co-dominant. Cattail (Typha sp.), floating primrose willow (Ludwigia sp.), curly dock (Rumex crispus), bitter dock (Rumex obtusifolius), and panicled bulrush (Scirpus microcarpus) are intermittently present. Banks: Understory: Both banks are dominated by non-native weedy species of grasses (wild oat [Avena fatua], ripgut brome [Bromus diandrus], Harding grass [Phalaris aquatic]) and herbs (wild radish [Raphanus sativus], Italian thistle [Carduus pycnocephalus], horseweed [Erigeron Canadensis], pepperweed [Lepidium latifolium], bristly ox-tongue [Helminthotheca echioides], poison hemlock [Conium maculatum]). Scattered pockets of giant horsetail (Equisetum telmateia) can also be found. Overstory/Canopy: Canopy cover of the channel is very low. Although the channel is nearly free of any tree species, a 125-150 foot wide band of dense growth occurs adjacent to the access road beyond the left bank (Photo 1). Oaks (Quercus sp.) of varying age are the dominant tree species. A narrow line of mature trees (mostly oaks) line the top of the right banks. Other tree species observed with limited presence include pine (Pinus sp.), walnut (Juglans sp.), cottonwood (Populus fremontii), redwoods (Sequoia sempervirens), and eucalyptus (Eucalyptus sp.). Several first and second season willows (Salix sp.) and oaks were present within the channel below the top of bank. Pinole Creek – Reach 6 4 of 5 Contra Costa County Public Works – Stream Maintenance Program July 2018 Potential for Sensitive Species and Fish or Wildlife Observations: Common Name Scientific Name Potential for occurring Plants Fritillaria agrestis stinkbells Possible. Potentially suitable habitat exists in this reach. Holocarpha macradenia Santa Cruz tarplant Possible. Potentially suitable habitat exists in this reach. Fish Catostomus occidentalis occidentalis Sacramento Sucker Possible. This species has been observed in the lower reaches of Pinole Creek (Leidy 2007). Lavinia symmetricus California Roach Possible. Potential habitat may support this species in the lower reaches of Pinole Creek. Oncorhynchus mykiss Steelhead - Central Valley DPS/ Central Coast DPS Possible. Pinole Creek supports steelhead (Leidy et al. 2005). Oncorhynchus mykiss irideus Coastal Rainbow Trout Possible. This species has been observed in the lower reaches of Pinole Creek (Leidy 2007). Ptychocheilus grandis Sacramento Pikeminnow Possible. This species has been observed in the lower reaches of Pinole Creek (Leidy 2007). Wildlife Emys marmorata western pond turtle Possible. Potentially suitable habitat exists in this reach. This species was observed immediately upstream in reach 7. For more detailed discussion on sensitive species, see Chapter 4 of the Manual. MAINTENANCE CONSIDERATIONS AND MANAGEMENT OPPORTUNITIES Primary maintenance activities in Reach 6 focus on vegetation management of the top of both banks and maintenance of the access roads. RSP was historically placed in the channel to address past erosion conditions. Monitoring of bank conditions, especially following large storm events, is recommended to ensure bank stability and RSP integrity. Long-term maintenance recommendations for Reach 6 include continued monitoring of bank and channel conditions to avoid bank failure from erosion. Although some areas are aggrading, large storm events may wash much of the sediment downstream. Additionally, the channel capacity appears adequately sized to convey most storm flows without bank overtopping. Occasional monitoring of depositional areas is recommended to determine if instream vegetation removal is necessary, particularly around the Henry Avenue crossing. Pinole Creek – Reach 6 Contra Costa County Public Works – Stream Maintenance Program 5 of 5 July 2018 Photo 3. Typical channel structure and conditions. This photo was taken facing upstream, just west of Collins Elementary School. Henry Avenue crossing is in the far distance (September 2015). Photo 4. Sediment accumulation upstream of the Henry Avenue crossing. Once established, emergent vegetation traps sediment, leading to more instream vegetative growth (September 2015). Photo 5. Looking downstream at the second bend upstream of Henry Avenue. Accumulated sediment and instream vegetation fill the channel between the bend in the channel, upstream the Henry Avenue crossing (September 2015). Photo 6. Another pocket of dense instream vegetation near the downstream end of the reach. The creek loses energy coming out of the third bend (photo left) and results in a section of aggradation for the last (approximate) 300 feet before the channel transitions to concrete (Reach 5) (September 2015). Pinole Creek – Reach 7 Reach No. Upstream Cross Street Downstream Cross Street Length 7 Pinole Valley Road Interstate 80 1,295 feet Contra Costa County Public Works – Stream Maintenance Program 1 of 5 July 2018 WATERSHED: Pinole Creek SUBBASIN: Pinole Creek LOCATION: Pinole Valley Road downstream to Interstate 80 (I-80) ADJACENT LAND USE: I-80 corridor to the north; suburban residential to the west; mixed office and commercial to the east; Pinole Valley High School to the south UPSTREAM: Earthen engineered channel of similar design throughout reach, surrounded by single-family residential housing LENGTH: 1,295 feet AVERAGE TOP-OF-BANK WIDTH: 85-95 feet Photo 1. The channel is covered with dense canopy cover with little to no emergent vegetation. Photo was taken near Pinole Valley Road and the upstream limits of the reach (September 2015). REACH SETTING Reach 7 of Pinole Creek is located in the upper part of the urban portion of the watershed as the creek begins to transition from the steeper headwaters zone upstream to a more sediment transport and depositional environment downstream. Reach 7 is still relatively steep. Portions of the reach have been altered and straightened from its original path to allow for more commercial and residential development (Figure 1). Vegetation density within the riparian corridor remains high despite the close urban interface (Photos 1 and 2). A pedestrian footbridge bisects the reach, connecting the high school and residential areas (to the west) to the commercial area (to the east). An access road runs along the left bank throughout most of the reach. Photo 2. The shallow creek begins to transition to deep pools after mid-reach. The canopy cover and vegetation remains very dense (September 2015). PHYSICAL CONDITIONS Active channel: 8-10 foot wide, single stage channel. Steep banks and a fairly narrow active channel do not allow for much meandering. Bed sediments/texture: Course gravel, cobbles, and boulders (Photo 1). Deeper pools have cobbles embedded in sand. Bank structure: Earthen banks that increase in slope as the reach continues downstream. Slopes typically range from 1:1 to 2:1, depending on the location within the reach. Water quality: Water appeared shallow and clear in the upper portion of the reach (Photo 1) (September 2, 2015). Water turbidity and the amount of trash increased moving downstream and in areas of pooling, most likely associated with impairments carried in runoff from the adjacent high school and commercial area. Channel processes: The course gravel and cobble substrate indicate more energetic flows through Reach 7, typical of channels in upper watershed Pinole Creek – Reach 7 2 of 5 Contra Costa County Public Works – Stream Maintenance Program July 2018 settings. Despite past straightening and confinement of the creek’s original flow path, signs of erosion and bank instability were nominal. Downstream of the pedestrian footbridge, water begins to collect in deeper pools. Fallen large woody debris across the channel may exacerbate some pooling. Figure 1. Reach 7 is bordered by residential neighborhood to the west, Pinole Valley High School to the southwest, and commercial property to the east. The creek flows north before passing under U.S. Interstate 80. Pinole Creek – Reach 7 Contra Costa County Public Works – Stream Maintenance Program 3 of 5 July 2018 BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: Reach 7 maintains several deep perennial pools (Photos 2 and 3). The pools are bordered by a slightly undercut left bank, a sand bar near the right bank toe, instream large wood y debris, and significant canopy cover and overhanging vegetation. These factors increase habitat complexity and provide high quality habitat for many aquatic vertebrates. Multiple fish species and several western pond turtle (Actinemys marmorata) were observed during a September 2, 2015 site visit (Photo 4). Vegetation Composition: Channel: Dense canopy cover curbs the growth of nearly all in-stream vegetation. Willows (Salix sp.) that have fallen into the channel continue to grow out of the water in many places. Just upstream of the pedestrian footbridge, a small point bar has developed at a bend in the creek allowing giant horsetail (Equisetum telmateia) to thrive with panicled bulrush (Scirpus microcarpus), California bulrush (Schoenoplectus californicus), water mint (Mentha aquatic), and bentgrass (Agrostis pallens) present. Banks: Understory: Upstream of the pedestrian walkway, English ivy (Hedera helix) forms dense groundcover (Photo 1). Moving farther upstream, the English ivy transitions to Himalayan blackberry (Rubus armeniacus), which then becomes dominant. The upper left bank supports weedy species such wild oat (Avena fatua), ripgut brome (Bromus diandrus), wild radish (Raphanus sativus), bristly ox-tongue (Helminthotheca echioides), poison hemlock (Conium maculatum), and mustard (Brassica sp.). Invasive, non-native pampas grass (Cortaderia selloana) has taken root and occupies a 15-foot by 10-foot area near the downstream end of the reach. Overstory/Canopy: Willows and walnut (Juglans sp.) are co-dominant and form a dense canopy with 75-100 percent cover. Recruitment of these species is high, resulting in a wide mix of tree sizes and ages. Mature pine (Pinus sp.) are scattered throughout the reach, growing on the edges of the riparian corridor and adjacent residential properties. Several California buckeye (Aesculus californica) reside near the I-80 culvert area. Pinole Creek – Reach 7 4 of 5 Contra Costa County Public Works – Stream Maintenance Program July 2018 Potential for Sensitive Species and Fish or Wildlife Observations: Common Name Scientific Name Potential for occurring Plants Sensitive plant species are not expected in this reach. Fish Catostomus occidentalis occidentalis Sacramento Sucker Possible. Potential habitat is available to support this species. Lavinia symmetricus California Roach Possible. Potential habitat is available to support this species. Oncorhynchus mykiss Steelhead - Central Valley DPS/ Central Coast DPS Possible. Pinole Creek supports steelhead (Leidy et al. 2005). Oncorhynchus mykiss irideus Coastal Rainbow Trout Possible. Potential habitat is available to support this species. Ptychocheilus grandis Sacramento Pikeminnow Possible. This species has been observed in the lower reaches of Pinole Creek (Leidy 2007). Potential habitat is available to support this species. Wildlife Emys marmorata western pond turtle Present. This species was observed in this reach. For more detailed discussion on sensitive species, see Chapter 4 of the Manual. MAINTENANCE CONSIDERATIONS AND MANAGEMENT OPPORTUNITIES Routine maintenance needs appear minimal at Reach 7. Reoccurring maintenance activities focus on vegetation management along the access road/pedestrian path located on top of the left bank. Other routine maintenance activities occur at the upstream (Pinole Valley Road) and downstream (I-80) culverts. These culverts are periodically repaired with caulking and must be periodically cleared of any sediment and debris. Fallen large woody debris partially blocks the channel in several locations downstream of the pedestrian footbridge. Although the debris may partially impede flows, the channel appears to be adequately sized to convey stormwater from most events. In addition, the large woody debris is located near the deeper pools and provides habitat complexity and refugia for aquatic species (Photo 4). Unless high flows pose a threat of localized flooding or the partial blockage results in visible erosion, the woody debris can be left in the channel. Additional actions to consider might be to address a steep, exposed area on the left bank mid-reach (37.995216, -122.287656). The toe of the bank shows signs of erosion with the last 16 inches near vertical. The bank lacks mature trees and is vegetated with non-native grasses that offer little root strength (Photo 3). This location may have been used as a vehicle access point for past work in the creek. Under current channel conditions and considerable water depth at this location, future instream projects should evaluate an alternative access point. The planting of 1-3 trees may effectively stabilize this area. However, adjacent land use consists of open space with the nearest residential property approximately 50 feet southwest, lowering the risks associated with any potential bank failure. Pinole Creek – Reach 7 Contra Costa County Public Works – Stream Maintenance Program 5 of 5 July 2018 Photo 3. The downstream end of the reach as it approaches the I-80 culvert (background). The steep and exposed left bank has the potential to succumb to erosive forces. A trail along the top of the left bank, and over the I-80 culvert, beyond the photo, serves as informal pedestrian path and frequently used route to and from Pinole Valley High School. (September 2015). Photo 4. Despite the close urban interface, the steep banks deter human encroachment and the deep ponds provide suitable habitat for aquatic species, including western pond turtles, as pictured here basking on a piece of concrete debris (September 2015). Rheem Creek Reach No. Upstream Cross Street Downstream Cross Street Length 4 125 feet downstream of Connecticut Avenue 500 feet downstream of Giant Road 1,865 feet Contra Costa County Public Works – Stream Maintenance Program 1 of 4 July 2018 WATERSHED: Rheem Creek SUBBASIN: Rheem Creek LOCATION: 125 feet downstream of Connecticut Avenue to 500 feet downstream of Giant Road. ADJACENT LAND USE: Primarily single-family residential to the north, east, and south; mixed use industrial areas to the west; and Bayview Elementary School to the east. UPSTREAM: Earthen channel LENGTH: 1,000 feet AVERAGE TOP-OF-BANK WIDTH: 50-60 feet for the concrete trapezoidal portion of channel Photo 1. Upstream of Giant Road where Rheem Creek flows through a wide concrete trapezoidal channel. Vegetation only resides in accumulated sediment within the channel and cracks in the concrete bed and banks (August 2015). REACH SETTING: The channel is a concrete trapezoidal channel approaching to Giant Road (Photo 1). Vegetation is mostly absent throughout Reach 4c, with the exception of limited riparian habitat where the creek flows through an earthen channel. Photo 2. Looking upstream from the downstream end of the reach, with the railroad tracks and Giant Road in the background (August 2015). Sediment has deposited in this area. PHYSICAL CONDITIONS Active channel: A wide, concrete trapezoidal channel 450 to Giant Road (Photo 1). Beneath Giant Road and extending 200 feet, the channel is in a concrete box channel 25 feet wide with vertical walls 6-8 feet in height (actual dimensions unknown due to substantial accumulated sediment depths). Bed sediments/texture: Within the concrete channels, bed material consists of accumulated sediment (silty sand) over concrete, ranging in depth from 0 to 8 inches. For the first 200 feet downstream of Giant Road (approximate), the bed is comprised of accumulated sediment (sand), presumably over concrete although vegetation and sediment depth was too thick to confirm. Bank structure: The trapezoidal channel upstream of Giant Road is smooth concrete with slopes of 1.5:1 Downstream of Giant Road the box culvert has vertical walls. Water quality: The trapezoidal concrete channel was predominately dry (August 20, 2015). Channel processes: Sedimentation occurs as the creek transitions from an earthen to concrete trapezoidal channel, where the low gradient allows for deposition on the inside (left bank) of a Rheem Creek 2 of 4 Contra Costa County Public Works – Stream Maintenance Program July 2018 sweeping westward turn (Figure 1). Within the downstream end of the reach, vegetation would be expected where sediment depths were sufficient. Sediment deposition also occurs downstream of Giant Road. Figure 1. The Rheem Creek maintenance reach begins in the concrete channel upstream of Giant Road, and continues 500 feet downstream of Giant Road. Rheem Creek Contra Costa County Public Works – Stream Maintenance Program 3 of 4 July 2018 BIOLOGICAL CONDITIONS Aquatic or Instream Habitat: Water levels within the concrete trapezoidal channel are seasonal and diminish significantly during the summer and early fall. Additionally, sediment levels fluctuate greatly throughout Reach 4c, ranging from 0 to 8 inches. Instream habitat is constrained depending on levels of water and overlying sediment. Presence and success of fish and other aquatic species is limited within the concrete channels. Vegetation Composition: Channel: Within the concrete channel, many grasses and other herbaceous species have become established on the exposed sediment bars. More prevalent species include cattail (Typha sp.), knotgrass (Paspalum distichum), rabbitsfoot grass (Polypogon monspeliensis), rye grass (Festuca perennis), soft brome (Bromus hordeaceus), Harding grass (Phalaris aquatica), and watercress (Nasturtium officinale). Downstream of Giant Road, cattail is dominant in the channel. Banks: Understory: Within the downstream concrete channel portion, bank vegetation consists of weedy species suited for disturbed environments. Non-native wild oat, common sow thistle, Italian thistle, Himalayan blackberry (Rubus armeniacus), and native horseweed (Erigeron canadensis) grow in cracks in the channel and top-of-bank. Overstory/Canopy: Little shading exists over the channel in the reach. Some miscellaneous coniferous and deciduous trees grow beyond the top-of-bank on residential lots. Rheem Creek 4 of 4 Contra Costa County Public Works – Stream Maintenance Program July 2018 Potential for Sensitive Species and Fish or Wildlife Observations: Common Name Scientific Name Potential for occurring Wildlife western pond turtle Emys marmorata Not expected. Marginally suitable habitat within this reach. For more detailed discussion on sensitive species, see Chapter 4 of the Manual. MAINTENANCE CONSIDERATIONS AND MANAGEMENT OPPORTUNITIES Routine maintenance activities within this reach of Rheem Creek involve periodic sediment removal from the channel and trash and debris removal from the channel. Mechanized and manual mowing also occur. The trapezoidal concrete channel found showed some signs of sediment deposition (Photo 1). However, channel width appears to be adequately accommodate flows. Aside from continued monitoring of instream sediment levels and the structural integrity of the engineered concrete channel, no additional maintenance activities are recommended at this time for this portion of Rheem Creek. Appendix E List of Opportunities for Invasive Plant Management I N V A S I V E S P E C I E S M A N A G E M E N T O P P O R T U N I T I E S I NINVASIVE S P E C I E S M A N A G E M E N T O P P O R T U N I T I E S I N C o n t r a C o s t a C o u n t yContra C o s t a C o u n t y Thi s r epor t s umma r i zes i nva s i ve pl a nt ma na gement oppor tuni ti es i n Contra Cos ta County. O ppor tuni ti es a r e determi ned fr om ma ps of ea c h s peci es ' c urrent di s tr i buti on a nd s ui ta bl e ra nge. Spec i es a r e l i s ted by thr ee types of ma na gement oppor tuni ty: • S u r v e i l l a n c eSurveillance – s ur veyi ng to detec t new i nfes ta ti ons • E r a d i c a t i o nEradication – c ompl ete r emova l of i nfes ta ti ons • C o n t a i n m e n tContainment – l i mi ti ng fur ther s prea d of i nfes ta ti ons Bel ow i s a s a mpl e of oppor tuni ti es i n Contr a Cos ta County. Thi s i nforma ti on s houl d be c ombi ned wi th l oc a l knowl edge to s et l oca l pr i or i ti es (s ee "Us i ng the Repor t" a t the end of thi s doc ument.) Cl i c k on a pl a nt's na me bel ow to vi ew a ma p of tha t s peci es . O p p o r t u n i t i e s :O p p o r t u n i t i e s :The s e a re s o me o ppo rtuniti e s i n Co ntra Co s ta Co unty. Ta bl e s o n pro ce e d ing pa g e s o f t his re po rt co nta in a c o mpl e te l is t o f inva s ive pl a nt ma na g e me nt o ppo rtuni tie s . S u r v e i l l a n c e :S u r v e i l l a n c e : Pho to co urtesy o f: Cal-IPC Br a ss i c a to u r n e fo r ti i S a h a r a n mu s ta r d , Afr i c a n mu sta r d Pho to © Regents o f the University o f Califo rnia E h r h a r ta c a l yc i n a p u r p l e ve l d tgr a s s Pho to © Regents o f the University o f Califo rnia O n o p o r d u m a c a n th i u m S c o tc h th i s tl e Pho to © Regents o f the University o f Califo rnia S a l vi n i a mo l e s ta gi a n t sa l vi n i a Pho to © Regents o f the University o f Califo rnia Ar c to th e c a c a l e n d u l a (= Ar c to th e c a c a l e n d u l a fe r ti l e ) fe r ti l e c a p e we e d E r a d i c a t i o n :E r a d i c a t i o n : Pho to © Regents o f the University o f Califo rnia Ammo p h i l a a r en a r i a E u r o p e a n b ea c h gr a s s Pho to © Regents o f the University o f Califo rnia C e n ta u r e a s to e b e s s p . mi c r a n th o s (= C e n ta u r e a ma c u l o sa ) s p o tte d k n a p we e d Pho to co urtesy o f: CDFA Li mn o b i u m l a e vi ga tu m S o u th Ame r i c a n sp o n ge p l a n t Pho to © Regents o f the University o f Califo rnia As p h o d el u s fi stu l o s u s o n i o n we e d Pho to © Regents o f the University o f Califo rnia G l yc e r i a d e c l i n a ta wa xy ma n n a gr a ss C o n t a i n m e n t :C o n t a i n m e n t : Pho to © Regents o f the University o f Califo rnia Ae gi l o p s tr i u n c i a l i s b a r b go a tgr a s s Pho to © Regents o f the University o f Califo rnia Al te r n a n th e r a p h i l o xe r o i d es a l l i ga to r we e d Pho to © Regents o f the University o f Califo rnia Ar u n d o d o n a x gi a n t r e e d Pho to © Regents o f the University o f Califo rnia Br o mu s ma d r i te n si s s s p . r u b e n s r e d b r o me Pho to © Regents o f the University o f Califo rnia Br o mu s te c to r u m d o wn y b r o me , c h e a tgr a s s T h i s r e p o r t wa s c r e a te d o n N o v 1 3, 20 1 5 u si n g c a l we e d m a p p e r .c a l -i p c .o r g © 20 1 5 C a l i f o r n i a I n va si ve P l a n t C o u n c i l , c a l -i p c .o r g 1 I N V A S I V E S P E C I E S M A N A G E M E N T O P P O R T U N I T I E S I NINVASIVE S P E C I E S M A N A G E M E N T O P P O R T U N I T I E S I N C o n t r a C o s t a C o u n t yContra C o s t a C o u n t y S u r v e i l l a n c e O p p o r t u n i t i e sSurveillance O p p o r t u n i t i e s Thes e opportuni ti es enta i l regul a r s urveys to detec t new i nfes ta ti ons of s pec i es not known to be pr es ent i n the r egi on. The s tr a tegi c potenti a l depends on the pr ox i mi ty of nea rby i nfes ta ti ons a nd the s ui ta bi l i ty of the a r ea . The ta bl e bel ow i nc l udes s pec i es occ ur r i ng wi thi n 5 0 mi l es of the s el ec ted regi on. S u i t a b l e R a n g eSuitable R a n g e P l a n t S p e c i e s :P l a n t S p e c i e s : G r o u p e d b y S t a t e w i d e C a l -I P C R a t i n gGrouped b y S t a t e w i d e C a l -I P C R a t i n g 2 0 1 02010 2 0 5 02050 H i g h (4 s p e c i e s )H i g h (4 s p e c i e s ) Br a ss i c a to u r n e fo r ti i S a h a r a n mu sta r d , Afr i c a n mu s ta r d 0 % E h r h a r ta c a l yc i n a p u r p l e ve l d tgr a ss 19 % O n o p o r d u m a c a n th i u m S c o tc h th i s tl e 0 % S a l vi n i a mo l e s ta gi a n t s a l vi n i a -- M o d e r a t e (1 5 s p e c i e s )M o d e r a t e (1 5 s p e c i e s ) Ar c to th e c a c a l e n d u l a (= Ar c to th e c a c a l e n d u l a fe r ti l e) fe r ti l e c a p eweed -- Br a c h yp o d i u m syl va ti c u m p e r e n n i a l fa l se-b r o me -- C a r d u u s n u ta n s mu s k th i s tl e 0 % C a r p o b r o tu s c h i l en si s sea -fi g, i c ep l a n t -- C e n ta u r e a d i ffu s a d i ffu s e k n a p weed 2 % G l e b i o n i s c o r o n a r i a (= C h r ysa n th e mu m c o r o n a r i u m) c r o wn d a i s y 3 % E me x s p i n o s a sp i n y e me x, d e vi l 's -th o r n 1 % H yp e r i c u m c a n a r i e n s e C a n a r y I sl a n d h yp e r i c u m 1 4 % I s a ti s ti n c to r i a d ye r 's wo a d 0 % Li n a r i a vu l ga r i s yel l o w to a d fl a x, b u tte r a n d e ggs 9 % G e n i s ta mo n o sp er ma (= Reta ma mo n o sp e r ma ) b r i d a l b r o o m -- S a c c h a r u m r a ve n n a e r a ve n n a gr a s s -- T r i a d i c a s e b i fer a (= S a p i u m s e b i fe r u m) C h i n e s e ta l l o wtr ee -- S p a r ti n a a n gl i c a c o mmo n c o r d gr a s s -- T a n a c e tu m vu l ga r e c o mmo n ta n s y -- L i m i t e d (9 s p e c i e s )L i m i t e d (9 s p e c i e s ) C a r d u u s a c a n th o i d e s p l u me l e ss th i s tl e -- C o n i c o s i a p u gi o n i fo r mi s n a r r o wl ea f i c e p l a n t -- C r u p i n a vu l ga r i s c o mmo n c r u p i n a , b e a r d e d c r e e p e r -- T h i s r e p o r t wa s c r e a te d o n N o v 1 3, 20 1 5 u si n g c a l we e d m a p p e r .c a l -i p c .o r g © 20 1 5 C a l i f o r n i a I n va si ve P l a n t C o u n c i l , c a l -i p c .o r g 2 I N V A S I V E S P E C I E S M A N A G E M E N T O P P O R T U N I T I E S I NINVASIVE S P E C I E S M A N A G E M E N T O P P O R T U N I T I E S I N C o n t r a C o s t a C o u n t yContra C o s t a C o u n t y S u r v e i l l a n c e O p p o r t u n i t i e s , C o n t i n u e dSurveillance O p p o r t u n i t i e s , C o n t i n u e d S u i t a b l e R a n g eSuitable R a n g e P l a n t S p e c i e s :P l a n t S p e c i e s : G r o u p e d b y S t a t e w i d e C a l -I P C R a t i n gGrouped b y S t a t e w i d e C a l -I P C R a t i n g 2 0 1 02010 2 0 5 02050 E r i c a l u s i ta n i c a S p a n i sh h e a th -- H e l i c h r ys u m p e ti o l a r e l i c o r i c ep l a n t -- S ti p a ma n i c a ta (= Na sse l l a ma n i c a ta ) tr o p i c a l n e e d l e gr a ss -- S e n e c i o j a c o b a e a ta n sy r a gwo r t -- T a ma r i x a p h yl l a a th el ta ma r i sk -- Un d a r i a p i n n a ti fi d a wa k a me -- T h i s r e p o r t wa s c r e a te d o n N o v 1 3, 20 1 5 u si n g c a l we e d m a p p e r .c a l -i p c .o r g © 20 1 5 C a l i f o r n i a I n va si ve P l a n t C o u n c i l , c a l -i p c .o r g 3 I N V A S I V E S P E C I E S M A N A G E M E N T O P P O R T U N I T I E S I NINVASIVE S P E C I E S M A N A G E M E N T O P P O R T U N I T I E S I N C o n t r a C o s t a C o u n t yContra C o s t a C o u n t y E r a d i c a t i o n O p p o r t u n i t i e sEradication O p p o r t u n i t i e s Era di c a ti on enta i l s c ompl ete r emova l of a l l i nfes ta ti ons i n the a rea . Thes e oppor tuni ti es res ul t from a s ma l l number of i s ol a ted i nfes ta ti ons . The s pa ti a l pa tter n for era di c a ti on i s one i nfes ted qua d s ur r ounded by a t l ea s t two c onc entri c ba nds of a bs enc e qua ds . The s tra tegi c i mpor ta nc e of a n er a di c a ti on opportuni ty c a n be further a s s es s ed ba s ed on the degr ee of i s ol a ti on a s wel l a s the s ui ta bi l i ty of the s urroundi ng a rea . Deter mi ni ng the fea s i bi l i ty of era di c a ti on requi res s ur veyi ng i nfes ta ti ons i n the fi el d. C u r r e n t S p e c i e s D i s t r i b u t i o nCurrent S p e c i e s D i s t ri b u t i o n (n u mb e r o f q u a d s o u t o f 2 4 t o t a l )(n u m b e r o f q u a d s o u t o f 2 4 t o t a l ) S u i t a b l e R a n g eSuitable R a n g e P l a n t S p e c i e s :P l a n t S p e c i e s : G r o u p e d b y S t a t e w i d e C a l -I P C R a t i n gGrouped b y S t a t e w i d e C a l -I P C R a t i n g I n f e s t e dInfested S p r e a d i n gSpreading M a n a g e dManaged E r a d i c a t e dEradicated 2 0 1 02010 I n f e s t e dInfested 2 0 5 02050 H i g h (3 s p e c i e s )H i g h (3 s p e c i e s ) Ammo p h i l a a r en a r i a E u r o p e a n b e a c h gr a ss 1 0 0 0 1 %1 0 0 % C e n ta u r e a s to eb e s s p . mi c r a n th o s (= C e n ta u r ea ma c u l o s a ) sp o tte d k n a p we e d 1 0 0 0 5 %14 % Li mn o b i u m l a e vi ga tu m S o u th Ame r i c a n sp o n ge p l a n t 2 0 0 0 --- M o d e r a t e (3 s p e c i e s )M o d e r a t e (3 s p e c i e s ) Asp h o d e l u s fi s tu l o su s o n i o n we e d 1 0 0 0 --- G l yc er i a d ec l i n a ta wa xy ma n n a gr a s s 1 0 0 0 74 %4 % Li n a r i a d a l ma ti c a ssp . d a l ma ti c a (= Li n a r i a ge n i s ti fo l i a ssp . d a l ma ti c a ) D a l ma ti a n to a d fl a x 1 0 1 0 0 %1 0 0 % L i m i t e d (3 s p e c i e s )L i m i t e d (3 s p e c i e s ) P h yto l a c c a a me r i c a n a c o mmo n p o k e we e d 1 0 0 0 --- S a p o n a r i a o ffi c i n a l i s b o u n c i n gb e t 1 0 0 0 --- S p a r ti n a p a te n s sa l tme a d o w c o r d gr a s s 1 0 0 0 --- T h i s r e p o r t wa s c r e a te d o n N o v 1 3, 20 1 5 u si n g c a l we e d m a p p e r .c a l -i p c .o r g © 20 1 5 C a l i f o r n i a I n va si ve P l a n t C o u n c i l , c a l -i p c .o r g 4 I N V A S I V E S P E C I E S M A N A G E M E N T O P P O R T U N I T I E S I NINVASIVE S P E C I E S M A N A G E M E N T O P P O R T U N I T I E S I N C o n t r a C o s t a C o u n t yContra C o s t a C o u n t y C o n t a i n me n t O p p o r t u n i t i e sContainment O p p o r t u n i t i e s Conta i nment enta i l s l i mi ti ng the s prea d fr om exi s ti ng i nfes ta ti ons . Thes e opportuni ti es r es ul t fr om l a r ger gr oups of i nfes ted qua ds . The s tra tegi c i mpor ta nc e of a conta i nment oppor tuni ty c a n be fur ther a s s es s ed ba s ed on how di s ti nct the bounda r i es of the i nfes ta ti on a r e, how i s ol a ted i t i s , a nd the s ui ta bi l i ty of the s ur r oundi ng a r ea . Determi ni ng the fea s i bi l i ty of c onta i nment r equi r es s urveyi ng i nfes ta ti ons i n the fi el d. C u rr e n t S p e c i e s D i s t r i b u t i o nCurrent S p e c i e s D i s t r i b u t i o n (n u mb e r o f q u a d s o u t o f 2 4 t o t a l )(n u mb e r o f q u a d s o u t o f 2 4 t o t a l ) S u i t a b l e R a n g eSuitable R a n g e P l a n t S p e c i e s :P l a n t S p e c i e s : G r o u p e d b y S t a t e w i d e C a l -I P C R a t i n gGrouped b y S t a t e w i d e C a l -I P C R a t i n g I n f e s t e dInfested S p r e a d i n gSpreading M a n a g e dManaged E r a d i c a t e dEradicated 2 0 1 02010 I n f e s t e dInfested 2 0 5 02050 H i g h (3 1 s p e c i e s )H i g h (3 1 s p e c i e s ) Ae gi l o p s tr i u n c i a l i s b a r b go a tgr a s s 9 5 2 0 6 1 %45 % Al te r n a n th e r a p h i l o xer o i d e s a l l i ga to r weed 4 0 0 0 --- Ar u n d o d o n a x gi a n t r e e d 24 13 1 3 0 10 0 %1 0 0 % Br o mu s ma d r i te n s i s ssp . r u b en s r ed b r o me 24 0 0 0 21 %1 0 0 % Br o mu s te c to r u m d o wn y b r o me , c h e a tgr a s s 13 0 0 0 0 %- C a r p o b r o tu s e d u l i s H o tte n to t-fi g, i c e p l a n t 5 0 0 0 9 %71 % C e n ta u r e a s o l sti ti a l i s yel l o w sta r th i s tl e 24 1 8 0 6 2 %1 0 0 % C o r ta d e r i a j u b a ta j u b a ta gr a s s 1 6 1 0 0 2 8 %1 0 0 % C o r ta d e r i a s e l l o a n a p a mp a sgr a s s 1 9 1 0 0 35 %1 0 0 % C yti s u s s c o p a r i u s S c o tc h b r o o m 5 2 2 0 5 %71 % D e l a i r e a o d o r a ta C a p e -i vy 11 7 1 0 40 %73 % E ger i a d en sa Br a zi l i a n e ger i a 6 6 1 0 --- E i c h h o r n i a c r a ss i p e s wa ter h ya c i n th 7 0 6 0 --- F o e n i c u l u m vu l ga r e fe n n e l 24 24 0 0 7 8 %1 0 0 % G e n i s ta mo n s p e s s u l a n a F r en c h b r o o m 15 14 2 0 3 9 %1 0 0 % H e d e r a h el i x a n d H . c a n a r i e n s i s E n gl i s h i vy, Al ger i a n i vy 12 1 0 0 0 27 %8 0 % Lep i d i u m l a ti fo l i u m p e r e n n i a l p e p p e r we e d 24 14 4 0 10 0 %1 0 0 % Lu d wi gi a h e xa p eta l a a n d L. p e p l o i d es Ur u gu a y a n d c r eep i n g wa ter -p r i mr o se 13 3 0 0 --- Lu d wi gi a p e p l o i d e s c r eep i n g wa ter -p r i mr o se 1 0 0 0 --- Lyth r u m s a l i c a r i a p u r p l e l o o s e str i fe 9 3 5 0 --- Myr i o p h yl l u m a q u a ti c u m p a r r o tfe a th er 13 13 0 0 --- Myr i o p h yl l u m s p i c a tu m E u r a si a n wa ter mi l fo i l 15 1 0 0 0 --- Ru b u s a r me n i a c u s (= Ru b u s d i s c o l o r ) H i ma l a ya n b l a c k b e r r y 24 17 0 0 --- S e sb a n i a p u n i c e a r ed s e s b a n i a , s c a r l et wi s te r i a 8 0 6 0 8 7 %33 % T h i s r e p o r t wa s c r e a te d o n N o v 1 3, 20 1 5 u si n g c a l we e d m a p p e r .c a l -i p c .o r g © 20 1 5 C a l i f o r n i a I n va si ve P l a n t C o u n c i l , c a l -i p c .o r g 5 I N V A S I V E S P E C I E S M A N A G E M E N T O P P O R T U N I T I E S I NINVASIVE S P E C I E S M A N A G E M E N T O P P O R T U N I T I E S I N C o n t r a C o s t a C o u n t yContra C o s t a C o u n t y C o n t a i n me n t O p p o r t u n i t i e s , C o n t i n u e dContainment O p p o r t u n i t i e s , C o n t i n u e d C u rr e n t S p e c i e s D i s t r i b u t i o nCurrent S p e c i e s D i s t r i b u t i o n (n u mb e r o f q u a d s o u t o f 2 4 t o t a l )(n u mb e r o f q u a d s o u t o f 2 4 t o t a l ) S u i t a b l e R a n g eSuitable R a n g e P l a n t S p e c i e s :P l a n t S p e c i e s : G r o u p e d b y S t a t e w i d e C a l -I P C R a t i n gGrouped b y S t a t e w i d e C a l -I P C R a t i n g I n f e s t e dInfested S p r e a d i n gSpreading M a n a g e dManaged E r a d i c a t e dEradicated 2 0 1 02010 I n f e s t e dInfested 2 0 5 02050 S p a r ti n a a l ter n i fl o r a h yb r i d s smo o th c o r d gr a s s a n d h yb r i d s 2 1 2 0 --- S p a r ti n a d e n si fl o r a d e n s e -fl o we r e d c o r d gr a s s 3 0 0 0 --- S p a r ti u m j u n c e u m S p a n i sh b r o o m 5 1 0 0 13 %42 % E l ymu s c a p u t-me d u s a e (= T a en i a th e r u m c a p u t-me d u s a e ) me d u sa h ea d 13 9 4 0 6 2 %57 % T a ma r i x p a r vi fl o r a sma l l fl o we r ta ma r i s k 12 0 0 0 --- T a ma r i x r a mo s i s s i ma sa l tc e d a r , ta ma r i sk 8 0 0 0 --- Ul ex e u r o p a e u s go r se 2 0 1 0 15 %22 % M o d e r a t e (6 4 s p e c i e s )M o d e r a t e (6 4 s p e c i e s ) Ac a c i a d e a l b a ta si l ver wa ttl e 9 1 0 0 6 6 %45 % Ac r o p ti l o n r e p e n s Ru s si a n k n a p we e d 5 0 3 1 9 9 %21 % Ager a ti n a a d e n o p h o r a c r o fto n weed , eu p a to r i u m 3 1 1 0 13 %38 % Ai l a n th u s a l ti s si ma tr e e -o f-h e a ve n 24 4 5 0 5 9 %1 0 0 % An th o xa n th u m o d o r a tu m swe e t ver n a l gr a ss 2 0 0 0 --- Ar c to th e c a p r o str a ta (= Ar c to th e c a c a l e n d u l a i n fe r ti l e ) ste r i l e c a p e we e d 1 0 0 0 --- Asp a r a gu s a sp a r a go i d e s b r i d a l c r e e p er 3 0 0 0 1 %1 0 0 % Atr i p l ex semi b a c c a ta Au s tr a l i a n s a l tb u s h 15 0 0 0 57 %75 % Aven a b a r b a ta a n d A. fa tu a (s l e n d e r ) wi l d o a t 24 0 0 0 --- Br a c h yp o d i u m d i s ta c h yo n a n n u a l fa l s e -b r o me , fa l s e b r o me 15 0 0 0 5 0 %71 % Br a ss i c a n i gr a b l a c k mu sta r d 24 0 0 0 --- Br o mu s d i a n d r u s r i p gu t b r o me 24 0 0 0 10 0 %1 0 0 % Lep i d i u m c h a l e p e n s e (= C a r d a r i a c h a l e p e n si s a n d C . d r a b a ) Lep i d i u m c h a l e p e n s i s a n d L. d r a b a 8 2 0 0 --- C a r th a mu s l a n a tu s wo o l l y d i sta ff th i stl e 1 1 0 0 24 %7 % C e n ta u r e a c a l c i tr a p a p u r p l e s ta r th i stl e 1 9 5 1 5 0 9 9 %79 % C e n ta u r e a mel i te n s i s Ma l ta s ta r th i s tl e , to c a l o te 24 23 1 0 6 9 %1 0 0 % C h o n d r i l l a j u n c ea r u sh s k e l eto n weed 1 0 1 0 5 8 %4 % T h i s r e p o r t wa s c r e a te d o n N o v 1 3, 20 1 5 u si n g c a l we e d m a p p e r .c a l -i p c .o r g © 20 1 5 C a l i f o r n i a I n va si ve P l a n t C o u n c i l , c a l -i p c .o r g 6 I N V A S I V E S P E C I E S M A N A G E M E N T O P P O R T U N I T I E S I NINVASIVE S P E C I E S M A N A G E M E N T O P P O R T U N I T I E S I N C o n t r a C o s t a C o u n t yContra C o s t a C o u n t y C o n t a i n me n t O p p o r t u n i t i e s , C o n t i n u e dContainment O p p o r t u n i t i e s , C o n t i n u e d C u rr e n t S p e c i e s D i s t r i b u t i o nCurrent S p e c i e s D i s t r i b u t i o n (n u mb e r o f q u a d s o u t o f 2 4 t o t a l )(n u mb e r o f q u a d s o u t o f 2 4 t o t a l ) S u i t a b l e R a n g eSuitable R a n g e P l a n t S p e c i e s :P l a n t S p e c i e s : G r o u p e d b y S t a t e w i d e C a l -I P C R a t i n gGrouped b y S t a t e w i d e C a l -I P C R a t i n g I n f e s t e dInfested S p r e a d i n gSpreading M a n a g e dManaged E r a d i c a t e dEradicated 2 0 1 02010 I n f e s t e dInfested 2 0 5 02050 C i r s i u m a r ve n s e C a n a d a th i s tl e 1 0 0 1 3 %25 % C i r s i u m vu l ga r e b u l l th i s tl e 24 3 0 0 9 2 %1 0 0 % C o n i u m ma c u l a tu m p o i so n -h e ml o c k 24 0 1 0 7 9 %1 0 0 % C o to n e a s ter fr a n c h e ti i o r a n ge c o to n e a s ter 9 1 0 0 14 %1 0 0 % C o to n e a s ter l a c te u s P a r n e y's c o to n e a s te r 12 0 0 0 --- C o to n e a s ter p a n n o s u s si l ver l e a f c o to n e a s te r 12 0 0 0 32 %8 0 % C yn a r a c a r d u n c u l u s a r ti c h o k e th i stl e 22 1 2 2 0 9 3 %9 2 % C yn o d o n d a c tyl o n b e r mu d a gr a s s 24 21 0 0 --- C yn o s u r u s e c h i n a tu s h e d ge h o g d o gta i l gr a s s 17 0 0 0 43 %1 0 0 % C yti s u s s tr i a tu s P o r tu gu ese b r o o m 2 0 0 0 --- D i p sa c u s fu l l o n u m a n d D . s a ti vu s c o mmo n a n d F u l l er 's te a sel 8 7 0 0 3 6 %53 % D i ttr i c h i a gr a veo l e n s sti n k wo r t 1 9 13 3 0 10 0 %79 % E h r h a r ta e r ec ta e r ec t ve l d tgr a s s 7 7 0 0 41 %47 % E l a e a gn u s a n gu sti fo l i a Ru s si a n -o l i ve 2 0 0 0 --- S e n e c i o mi n i mu s a n d S . gl o me r a tu s (= E r e c h ti te s mi n i ma a n d E . gl o mer a ta ) Au s tr a l i a n fi r e we e d 8 1 0 0 --- E u c a l yp tu s gl o b u l u s T a sma n i a n b l u e gu m 13 11 0 0 5 6 %6 8 % F e stu c a a r u n d i n a c e a ta l l fesc u e 1 6 1 0 0 --- F i c u s c a r i c a e d i b l e fi g 4 3 0 0 10 0 %36 % G a z a n i a l i n ea r i s ga za n i a 2 0 0 0 --- G e r a n i u m d i s s e c tu m c u tl e a f ge r a n i u m 24 0 0 0 --- H i r s c h fe l d i a i n c a n a sh o r tp o d mu sta r d , s u mme r mu s ta r d 24 0 0 0 --- H o l c u s l a n a tu s c o mmo n ve l vet gr a s s 11 0 0 0 42 %1 0 0 % H o r d e u m ma r i n u m Me d i te r r a n ea n b a r l ey 24 0 0 0 --- H o r d e u m mu r i n u m h a r e b a r l e y 24 0 0 0 --- H yp e r i c u m p er fo r a tu m c o mmo n S t. Jo h n 's wo r t, k l a ma th we e d 5 0 0 0 --- T h i s r e p o r t wa s c r e a te d o n N o v 1 3, 20 1 5 u si n g c a l we e d m a p p e r .c a l -i p c .o r g © 20 1 5 C a l i f o r n i a I n va si ve P l a n t C o u n c i l , c a l -i p c .o r g 7 I N V A S I V E S P E C I E S M A N A G E M E N T O P P O R T U N I T I E S I NINVASIVE S P E C I E S M A N A G E M E N T O P P O R T U N I T I E S I N C o n t r a C o s t a C o u n t yContra C o s t a C o u n t y C o n t a i n me n t O p p o r t u n i t i e s , C o n t i n u e dContainment O p p o r t u n i t i e s , C o n t i n u e d C u r r e n t S p e c i e s D i s t r i b u t i o nCurrent S p e c i e s D i s t ri b u t i o n (n u mb e r o f q u a d s o u t o f 2 4 t o t a l )(n u m b e r o f q u a d s o u t o f 2 4 t o t a l ) S u i t a b l e R a n g eSuitable R a n g e P l a n t S p e c i e s :P l a n t S p e c i e s : G r o u p e d b y S t a t e w i d e C a l -I P C R a t i n gGrouped b y S t a t e w i d e C a l -I P C R a t i n g I n f e s t e dInfested S p r e a d i n gSpreading M a n a g e dManaged E r a d i c a t e dEradicated 2 0 1 02010 I n f e s t e dInfested 2 0 5 02050 H yp o c h a e r i s r a d i c a ta r o u gh c a ts e a r , h a i r y d a n d el i o n 2 4 0 0 0 --- I l e x a q u i fo l i u m E n gl i s h h o l l y 8 1 0 0 13 %1 0 0 % K o c h i a s c o p a r i a k o c h i a 1 0 0 0 --- Leu c a n th e mu m vu l ga r e o x-e ye d a i s y 1 0 0 0 13 %13 % F e stu c a p e r en n i s (= Lo l i u m mu l ti fl o r u m) I ta l i a n r ye gr a ss 16 1 0 0 9 8 %8 9 % Me n th a p u l egi u m p e n n yr o ya l 20 17 0 0 --- Me s e mb r ya n th e mu m c r ys ta l l i n u m c r ys ta l l i n e i c ep l a n t 1 0 0 0 --- Myo p o r u m l a e tu m myo p o r u m 3 1 0 0 1 6 %6 0 % Ni c o ti a n a gl a u c a tr e e to b a c c o 21 0 0 0 31 %1 0 0 % O xa l i s p es-c a p r a e Be r mu d a b u tte r c u p , b u tte r c u p o xa l i s 16 10 0 0 --- P e n n i setu m s e ta c e u m c r i mso n fo u n ta i n gr a s s 7 1 0 0 3 %1 0 0 % P h a l a r i s a q u a ti c a h a r d i n ggr a s s 2 4 1 4 0 0 --- F a l l o p i a j a p o n i c a (= Po l ygo n u m c u s p i d a tu m) Ja p a n e se k n o twe e d 1 0 0 1 --- P o ta mo ge to n c r i sp u s c u r l yl e a f p o n d weed 12 6 0 0 --- Ru me x a c eto s e l l a r ed s o r r e l , s h e e p so r r e l 2 4 0 0 0 --- S a l s o l a s o d a o p p o si tel e a f Ru s s i a n th i s tl e 3 1 0 0 --- S i s ymb r i u m i r i o Lo n d o n r o c k e t 12 0 0 0 1 %1 0 0 % T o r i l i s a r ve n s i s h e d ge p a r s l e y 17 3 0 0 6 5 %8 1 % T r i fo l i u m h i r tu m r o se c l o ver 2 4 0 0 0 --- Vi n c a ma j o r b i g p e r i wi n k l e 12 12 2 0 43 %8 0 % F e stu c a myu r o s (= Vu l p i a myu r o s) r a tta i l fe s c u e 2 4 0 0 0 --- Wa s h i n gto n i a r o b u s ta Me xi c a n fa n p a l m 2 4 0 0 0 --- L i m i t e d (5 8 s p e c i e s )L i m i t e d (5 8 s p e c i e s ) Ac a c i a me l a n o xyl o n b l a c k a c a c i a , b l a c k wo o d a c a c i a 15 2 0 0 11 %1 0 0 % Agr o sti s a ven a c ea P a c i fi c b e n tgr a s s 7 1 0 0 --- T h i s r e p o r t wa s c r e a te d o n N o v 1 3, 20 1 5 u si n g c a l we e d m a p p e r .c a l -i p c .o r g © 20 1 5 C a l i f o r n i a I n va si ve P l a n t C o u n c i l , c a l -i p c .o r g 8 I N V A S I V E S P E C I E S M A N A G E M E N T O P P O R T U N I T I E S I NINVASIVE S P E C I E S M A N A G E M E N T O P P O R T U N I T I E S I N C o n t r a C o s t a C o u n t yContra C o s t a C o u n t y C o n t a i n me n t O p p o r t u n i t i e s , C o n t i n u e dContainment O p p o r t u n i t i e s , C o n t i n u e d C u rr e n t S p e c i e s D i s t ri b u t i o nCurrent S p e c i e s D i s t r i b u t i o n (n u mb e r o f q u a d s o u t o f 2 4 t o t a l )(n u mb e r o f q u a d s o u t o f 2 4 t o t a l ) S u i t a b l e R a n g eSuitable R a n g e P l a n t S p e c i e s :P l a n t S p e c i e s : G r o u p e d b y S t a t e w i d e C a l -I P C R a t i n gGrouped b y S t a t e w i d e C a l -I P C R a t i n g I n f e s t e dInfested S p r e a d i n gSpreading M a n a g e dManaged E r a d i c a t e dEradicated 2 0 1 02010 I n f e s t e dInfested 2 0 5 02050 Agr o sti s sto l o n i fe r a c r eep i n g b e n tgr a s s 15 0 0 0 --- Ba ssi a h ys s o p i fo l i a fi ve h o o k b a ssi a 12 0 0 0 --- Be l l a r d i a tr i xa go b e l l a r d i a 20 1 0 0 --- Br a ss i c a r a p a b i r d sr a p e mu s ta r d , fi el d mu s ta r d 24 0 0 0 --- Br i z a ma xi ma b i g q u a k i n ggr a s s , r a ttl e s n a k e gr a ss 14 0 0 0 44 %8 2 % Br o mu s h o r d e a c e u s so ft b r o me 24 0 0 0 --- Br o mu s j a p o n i c u s Ja p a n e se b r o me , Ja p a n e s e c h es s 8 0 0 0 --- C a k i l e ma r i ti ma E u r o p e a n sea -r o c k e t 3 0 0 0 5 %6 0 % Lep i d i u m a p p el i a n u m (= C a r d a r i a p u b e s c e n s ) h a i r y wh i te to p 1 0 0 0 --- C a r d u u s te n u i fl o r u s a n d C . p yc n o c ep h a l u s sl e n d er fl o we r a n d I ta l i a n th i s tl e 24 2 7 0 --- C o r d yl i n e a u str a l i s gi a n t d r a c a e n a 1 0 0 0 --- C o tu l a c o r o n o p i fo l i a b r a ssb u tto n s 24 0 0 0 --- C r a ta e gu s mo n o gyn a h a wth o r n 7 0 0 0 --- C r o c o s mi a x c r o c o smi i fl o r a mo n tb r e ti a 5 5 0 0 --- D a c tyl i s gl o mer a ta o r c h a r d gr a s s 9 1 0 0 32 %6 0 % Ryti d o s p e r ma p e n c i l l a tu m (= D a n th o n i a p i l o sa ) h a i r y o a t gr a s s 3 0 0 0 --- D e s c u r a i n i a s o p h i a fl i xweed , ta n s y mu sta r d 1 1 0 0 --- D i gi ta l i s p u r p u r e a fo xgl o ve 4 4 0 0 --- E c h i u m c a n d i c a n s p r i d e-o f-Ma d e i r a 5 1 0 0 14 %56 % E r o d i u m c i c u ta r i u m r ed ste m fi l a r ee 24 0 0 0 --- E u c a l yp tu s c a ma l d u l e n si s r ed gu m 8 0 2 0 --- E u p h o r b i a o b l o n ga ta o b l o n g s p u r ge 14 11 10 0 77 %6 1 % H yp o c h a e r i s gl a b r a smo o th c a ts e a r 24 0 0 0 --- I r i s p s e u d a c o r u s yel l o wfl a g i r i s 10 0 0 0 --- Li mo n i u m r a mo si s s i mu m Al ge r i a n s e a l a ven d a r 1 0 0 0 --- T h i s r e p o r t wa s c r e a te d o n N o v 1 3, 20 1 5 u si n g c a l we e d m a p p e r .c a l -i p c .o r g © 20 1 5 C a l i f o r n i a I n va si ve P l a n t C o u n c i l , c a l -i p c .o r g 9 I N V A S I V E S P E C I E S M A N A G E M E N T O P P O R T U N I T I E S I NINVASIVE S P E C I E S M A N A G E M E N T O P P O R T U N I T I E S I N C o n t r a C o s t a C o u n t yContra C o s t a C o u n t y C o n t a i n me n t O p p o r t u n i t i e s , C o n t i n u e dContainment O p p o r t u n i t i e s , C o n t i n u e d C u r re n t S p e c i e s D i s t ri b u t i o nCurrent S p e c i e s D i s t ri b u t i o n (n u mb e r o f q u a d s o u t o f 2 4 t o t a l )(n u mb e r o f q u a d s o u t o f 2 4 t o t a l ) S u i t a b l e R a n g eSuitable R a n g e P l a n t S p e c i e s :P l a n t S p e c i e s : G r o u p e d b y S t a t e w i d e C a l -I P C R a t i n gGrouped b y S t a t e w i d e C a l -I P C R a t i n g I n f e s t e dInfested S p r e a d i n gSpreading M a n a g e dManaged E r a d i c a t e dEradicated 2 0 1 02010 I n f e s t e dInfested 2 0 5 02050 Lo b u l a r i a ma r i ti ma swe e t a l ys s u m 8 0 0 0 --- Lyth r u m h ys so p i fo l i u m h ysso p l o o s e str i fe 2 4 0 0 0 --- Ma r r u b i u m vu l ga r e wh i te h o r e h o u n d 2 4 0 0 0 --- Me d i c a go p o l ymo r p h a C a l i fo r n i a b u r c l o ver 2 4 0 0 0 --- Myo s o ti s l a ti fo l i a c o mmo n fo r ge t-me -n o t 6 0 0 0 20 %6 7 % O l e a e u r o p a ea o l i ve 1 0 1 0 0 --- P a r en tu c el l i a vi s c o s a yel l o w gl a n d wee d , s ti c k y p a r en tu c el l i a 2 0 0 0 43 %1 2 % P e n n i setu m c l a n d e s ti n u m k i k u yu gr a s s 5 0 0 1 19 %50 % P h o e n i x c a n a r i en si s C a n a r y I sl a n d d a te p a l m 1 5 5 0 0 --- H e l mi n th o th ec a e c h i o i d es (= Pi c r i s e c h i o i d e s ) b r i s tl y o xto n gu e 2 4 6 0 0 8 4 %10 0 % S ti p a mi l i a c ea va r . mi l i a c ea (= Pi p ta th e r u m mi l i a c eu m) smi l o gr a s s 1 7 1 5 0 0 5 4 %8 1 % P l a n ta go l a n c e o l a ta b u c k h o r n p l a n ta i n , E n gl i s h p l a n ta i n 2 4 0 0 0 --- P o a p r a te n s i s K e n tu c k y b l u e gr a s s 5 1 0 0 --- P o l yp o go n mo n s p e l i e n s i s r a b b i tfo o t p o l yp o go n 2 4 0 1 0 --- P r u n u s c e r a s i fe r a c h e r r y p l u m 1 1 7 0 0 --- P yr a c a n th a a n gu sti fo l i a , c r e n u l a ta , se r a tu s , etc . p yr a c a n th a , fi r e th o r n 1 5 0 0 0 --- Ra n u n c u l u s r e p e n s c r eep i n g b u tte r c u p 8 0 0 0 --- Ra p h a n u s sa ti vu s r a d i s h 2 4 0 0 0 --- Ri c i n u s c o mmu n i s c a sto r b e a n 4 0 0 0 9 %50 % Ro b i n i a p s e u d o a c a c i a b l a c k l o c u s t 9 0 0 0 --- Ru me x c r i s p u s c u r l y d o c k 2 4 0 0 0 --- S a l s o l a tr a gu s Ru s si a n -th i s tl e 1 9 2 2 0 --- S c h i n u s mo l l e P e r u vi a n p e p p e r tr e e 3 0 0 0 --- S c h i n u s te r eb i n th i fo l i u s Br a zi l i a n p e p p e r tr e e 6 0 0 0 --- S c h i smu s a r a b i c u s a n d S . b a r b a tu s me d i ter r a n e a n gr a s s 3 0 0 0 --- T h i s r e p o r t wa s c r e a te d o n N o v 1 3, 20 1 5 u si n g c a l we e d m a p p e r .c a l -i p c .o r g © 20 1 5 C a l i f o r n i a I n va si ve P l a n t C o u n c i l , c a l -i p c .o r g 1 0 I N V A S I V E S P E C I E S M A N A G E M E N T O P P O R T U N I T I E S I NINVASIVE S P E C I E S M A N A G E M E N T O P P O R T U N I T I E S I N C o n t r a C o s t a C o u n t yContra C o s t a C o u n t y C o n t a i n me n t O p p o r t u n i t i e s , C o n t i n u e dContainment O p p o r t u n i t i e s , C o n t i n u e d C u rre n t S p e c i e s D i s t ri b u t i o nCurrent S p e c i e s D i s t ri b u t i o n (n u mb e r o f q u a d s o u t o f 2 4 t o t a l )(n u mb e r o f q u a d s o u t o f 2 4 t o t a l ) S u i t a b l e R a n g eSuitable R a n g e P l a n t S p e c i e s :P l a n t S p e c i e s : G r o u p e d b y S t a t e w i d e C a l -I P C R a t i n gGrouped b y S t a t e w i d e C a l -I P C R a t i n g I n f e s t e dInfested S p r e a d i n gSpreading M a n a g e dManaged E r a d i c a t e dEradicated 2 0 1 02010 I n f e s t e dInfested 2 0 5 02050 S i l yb u m ma r i a n u m b l ess e d mi l k th i stl e 2 4 20 0 0 10 0 %1 0 0 % S i n a p i s a r ve n s i s wi l d mu s ta r d , c h a r l o c k 18 0 0 0 --- T e tr a go n i a te tr a go n i o i d e s Ne w Ze a l a n d sp i n a c h 2 0 0 0 --- Ve r b a sc u m th a p s u s c o mmo n mu l l e i n ,wo o l l y mu l l e i n 1 2 0 0 0 --- Wa ts o n i a mer i a n a b u l b i l wa ts o n i a 1 0 0 0 --- Za n te d esc h i a a e th i o p i c a c a l l a l i l y 5 1 0 0 --- T h i s r e p o r t wa s c r e a te d o n N o v 1 3, 20 1 5 u si n g c a l we e d m a p p e r .c a l -i p c .o r g © 20 1 5 C a l i f o r n i a I n va si ve P l a n t C o u n c i l , c a l -i p c .o r g 1 1 I N V A S I V E S P E C I E S M A N A G E M E N T O P P O R T U N I T I E S I NINVASIVE S P E C I E S M A N A G E M E N T O P P O R T U N I T I E S I N C o n t r a C o s t a C o u n t yContra C o s t a C o u n t y L e g e n d a n d T e r mi n o l o g yLegend a n d T e r mi n o l o g y For ea c h s pec i es , s ta ti s ti c s a re gener a ted from ma ps . The s ta ti s ti cs a r e di vi ded i nto two pa rts : c ur r ent s pec i es di s tr i buti on a nd s ui ta bl e r a nge. Cur r ent Spec i es Di s tr i buti on • I nfes ted: Number of qua ds tha t a re i nfes ted wi th thi s s peci es (r el a ti ve to tota l number of qua ds i n the s el ec ted r egi on of i nteres t) • Sprea di ng: Number of qua ds where thi s s pec i es i s s pr ea di ng, • Ma na ged: Number of qua ds wher e thi s s pec i es i s under ma na gement, • Er a di c a ted: Number of qua ds where thi s s pec i es ha s been er a di c a ted, Sui ta bl e Ra nge • 20 10: Percent of the s el ec ted regi on of i nter es t tha t c urrentl y meets the mi ni mum thr es hol d for s ui ta bi l i ty for the s pec i es , • I nfes ted: Percent of the cur r ent s ui ta bl e ra nge tha t i s i nfes ted. • 20 50: Cha nge i n s ui ta bi l i ty between 2 010 a nd 20 50 , wi th a n a r r ow r epres enti ng a n i nc r ea s e or dec r ea s e of grea ter tha n 10 %, a nd a doubl e a rrow i ndi c a ti ng c ha nge of gr ea ter tha n 40%. I nc r ea s e of 40 % or more I nc r ea s e of 10 % to 39 % No c ha nge (l es s tha n 1 0% c ha nge ei ther di r ec ti on) Dec rea s e of 1 0% to 3 9% Dec rea s e of 4 0% or mor e T h i s r e p o r t wa s c r e a te d o n N o v 1 3, 20 1 5 u si n g c a l we e d m a p p e r .c a l -i p c .o r g © 20 1 5 C a l i f o r n i a I n va si ve P l a n t C o u n c i l , c a l -i p c .o r g 1 2 I N V A S I V E S P E C I E S M A N A G E M E N T O P P O R T U N I T I E S I NINVASIVE S P E C I E S M A N A G E M E N T O P P O R T U N I T I E S I N C o n t r a C o s t a C o u n t yContra C o s t a C o u n t y U s i n g T h i s R e p o r tUsing T h i s R e p o r t Thi s report, together wi th Regi ona l Spec i es Ma p Repor ts , s umma r i zes ma na gement opportuni ti es for the s el ec ted r egi on. Thi s r epor t, together wi th Regi ona l Spec i es Ma ps , i s des i gned to i nfor m s tra tegi c ma na gement dec i s i ons a t a l a nds c a pe l evel . Regi ona l coordi na ti ng bodi es c a n us e thes e r epor ts a s a s ta r ti ng pl a ce for s etti ng pri ori ti es a nd es ta bl i s hi ng goa l s . Survei l l a nc e pri or i ti es c a n be foc us ed to s tr engthen ea rl y detecti on. Era di c a ti on a nd c onta i nment pr i or i ti es a r e ba s ed on fa c tors s uc h a s how wi del y a s pec i es ha s s pr ea d. Thi s l a nds c a pe-l evel vi ew pr ovi des a s tra tegi c founda ti on for devel opi ng a nd i mpl ementi ng on-the- ground pr ogra ms . Ma na gement opportuni ti es a r e i denti fi ed i n three ca tegori es deter mi ned by the s pec i es ' s pa ti a l di s tr i buti on. Whi l e ea c h pl a nt s pec i es i s l i s ted i n onl y one c a tegor y, mul ti pl e ma na gement a pproa ches c a n be a ppr opri a te i n a gi ven regi on. As s es s i ng the fea s i bi l i ty of a pa rti c ul a r ma na gement mea s ur e requi res a ddi ti ona l deta i l ed a s s es s ment. 1 . S u r v e i l l a n c e1. S u r v e i l l a n c e – Sur vei l l a nc e enta i l s r egul a r s ur veys to detec t new i nfes ta ti ons of s pec i es not known to be pres ent i n a regi on. The s tra tegi c potenti a l depends on the proxi mi ty of nea r by i nfes ta ti ons a nd the s ui ta bi l i ty of the a rea . The ta bl e i n thi s r epor t i ncl udes s pec i es oc cur r i ng wi thi n 5 0 mi l es of the s el ected regi on. 2 . E r a d i c a t i o n2. E r a d i c a t i o n – Er a di ca ti on enta i l s c ompl ete remova l of a l l i nfes ta ti ons i n the a r ea . Thes e oppor tuni ti es r es ul t from s ma l l , i s ol a ted i nfes ta ti ons . The s pa ti a l pa tter n for er a di c a ti on i s one i nfes ted qua d s ur r ounded by a t l ea s t two concentr i c ba nds of a bs enc e qua ds . The s tr a tegi c i mporta nc e of a n era di c a ti on oppor tuni ty c a n be fur ther a s s es s ed ba s ed on the degree of i s ol a ti on a s wel l a s the s ui ta bi l i ty of the s ur r oundi ng a r ea . Deter mi ni ng the fea s i bi l i ty of er a di ca ti on r equi res s ur veyi ng i nfes ta ti ons i n the fi el d. 3 . C o n t a i n m e n t3. C o n t a i n m e n t – Conta i nment enta i l s l i mi ti ng the s pr ea d from exi s ti ng i nfes ta ti ons . Thes e oppor tuni ti es r es ul t from l a rger groups of i nfes ted qua ds . The s tra tegi c i mporta nc e of a c onta i nment opportuni ty ca n be fur ther a s s es s ed ba s ed on how di s ti nc t the bounda ri es of the i nfes ta ti on a r e, how i s ol a ted i t i s , a nd the s ui ta bi l i ty of the s ur r oundi ng a r ea . Determi ni ng the fea s i bi l i ty of c onta i nment r equi r es s urveyi ng i nfes ta ti ons i n the fi el d. For ea c h type of opportuni ty, pl a nt s pec i es a re orga ni zed by thei r ra ti ng i n Ca l -I PC's I nventor y, whi c h us es a uni form methodol ogy to c a tegor i ze non-na ti ve pl a nts tha t pos e a s ubs ta nti a l thr ea t to the s ta te's wi l dl a nds . The Ca l -I PC ra ti ng combi nes i nforma ti on a bout ec ol ogi c a l i mpa c ts , i nva s i ve potenti a l a nd ec ol ogi ca l di s tri buti on to r a te s pec i es a s Hi gh, Moder a te or Li mi ted a t a s ta tewi de l evel . Regi ona l i mpa c ts ma y di ffer. T h i s r e p o r t wa s c r e a te d o n N o v 1 3, 20 1 5 u si n g c a l we e d m a p p e r .c a l -i p c .o r g © 20 1 5 C a l i f o r n i a I n va si ve P l a n t C o u n c i l , c a l -i p c .o r g 1 3 I N V A S I V E S P E C I E S M A N A G E M E N T O P P O R T U N I T I E S I NINVASIVE S P E C I E S M A N A G E M E N T O P P O R T U N I T I E S I N C o n t r a C o s t a C o u n t yContra C o s t a C o u n t y A b o u t T h i s R e p o r tAbout T h i s R e p o r t Thi s report i s gener a ted from a n onl i ne ma ppi ng s ys tem devel oped by the nonpr ofi t Ca l i forni a I nva s i ve Pl a nt Counci l a nd hos ted a t Ca l fl ora . The s i te a l l ows the s ta te's networ k of l oc a l exper ts to ma i nta i n upda ted da ta on i nva s i ve pl a nt di s tr i buti on s ta tewi de. Ca l W eed Ma pper i s i ntegr a ted wi th the Ca l fl ora i nva s i ve pl a nt da ta ba s e to r efl ec t new oc c urrenc e da ta s ubmi tted to Ca l fl or a . Ma ps a nd r epor ts gener a ted a r e s na ps hots of a dyna mi c s ys tem a nd s houl d be revi s i ted on a r egul a r ba s i s to ens ur e tha t i nforma ti on i s cur r ent. I n order to cover 200 s peci es over the enti r e s ta te, the ma ppi ng a ppr oa c h us ed i n thi s work i s nec es s a ri l y c oa r s e. The ma ps a r e not s uffi ci ent for pl a nni ng the deta i l s of on-the-gr ound ma na gement, whi c h requi r es i nforma ti on a t a muc h hi gher res ol uti on. (As you gener a te s uc h deta i l ed i nfor ma ti on, pl ea s e s ha r e your da ta wi th Ca l fl ora .or g. Mor e i nfor ma ti on ma y be found a t Ca l W eedMa pper under Spa ti a l Da ta .) Ca l -I PC i nter vi ewed hundr eds of na tur a l res ourc e ma na ger s a r ound the s ta te to c ol l ect a ba s el i ne of “exper t knowl edge” on a bunda nce, s prea d a nd ma na gement by USGS 7 .5 -degree qua dr a ngl e (a pprox i ma tel y 8 mi x 6 mi ). We a l s o i nc or por a ted da ta s ets of occ ur r enc e obs er va ti ons fr om Ca l fl or a , The Cons orti um of Ca l i for ni a Her ba r i a , a nd a genci es throughout the s ta te. However , the va s t ma j ori ty of the pr es enc e doc umented i n thes e ma ps comes s ol el y fr om exper t knowl edge; no oc c urrenc e obs er va ti ons exi s t i n onl i ne da ta ba s es . We pr edi c t s ui ta bl e r a nge for a gi ven s pec i es by us i ng model i ng s oftwa re tha t c ombi nes the s pec i es ' cur r ent di s tr i buti on wi th envi r onmenta l va r i a bl es (model res ul ts a r e r evi ewed by i nva s i ve pl a nt ex perts ). The res ul ti ng ma ps s how a r ea s tha t ha ve the hi ghes t pr oba bi l i ty of bei ng s ui ta bl e. Futur e s ui ta bl e r a nge i s ba s ed on c ommonl y us ed s c ena r i os from the I ntergovernmenta l Pa nel on Cl i ma te Cha nge. Deta i l s a bout model i ng methods c a n be found a t Ca l WeedMa pper under About. The di s tr i buti on a nd s ui ta bi l i ty ma ps a r e not expec ted to be 1 00 % a c c ura te. Da ta dr a wn fr om exper t knowl edge, whi l e ha vi ng the grea t benefi t of dra wi ng on the extens i ve exper i enc e of i ndi vi dua l l oc a l r es our c e ma na gers , c a n nonethel es s be i na c c ura te. Da ta dra wn from GI S da ta s ets , though of hi gher pr ec i s i on, ma y not a l wa ys be a c cur a te, ei ther , s i nce thos e c onduc ti ng the ma ppi ng ma y ha ve mi s i denti fi ed the s pec i es or not c a ptur ed the l oca ti on c orrec tl y. I n a ddi ti on, c ondi ti ons on the gr ound ma y ha ve cha nged s i nce the obs erva ti on wa s fi l ed, ma ki ng the rec or d out of da te. By enga gi ng l oc a l exper ts s ta tewi de to c hec k ea ch others ' wor k, Ca l W eedMa pper c a n s tea di l y i nc r ea s e the a c cur a cy of the ma ps . O ur goa l i s to ma i nta i n up-to-da te s ta tewi de ma ps of i nva s i ve pl a nt di s tri buti on. T h i s r e p o r t wa s c r e a te d o n N o v 1 3, 20 1 5 u si n g c a l we e d m a p p e r .c a l -i p c .o r g © 20 1 5 C a l i f o r n i a I n va si ve P l a n t C o u n c i l , c a l -i p c .o r g 1 4 Appendix F Aquatic Pesticide Application Plan Matt Rodriquez California Environmental Protection Agency Edmund G. Brown, Jr. Governor State Water Resources Control Board Division of Water Quality 1001 I Street • Sacramento, California 95814 • (916) 341-5455 Mailing Address: P.O. Box 100 • Sacramento, California • 95812-0100 FAX (916) 341-5463 • Internet Address: http://www.swrcb.ca.gov ATTACHMENT A NOTICE OF INTENT WATER QUALITY ORDER NO. 2013-0002-DWQ GENERAL PERMIT NO. CAG990005 STATEWIDE GENERAL NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT FOR RESIDUAL AQUATIC PESTICIDE DISCHARGES TO WATERS OF THE UNITED STATES FROM ALGAE AND AQUATIC WEED CONTROL APPLICATIONS I. NOTICE OF INTENT STATUS (see Instructions) MARK ONLY ONE ITEM A. New Applicator B. Change of Information for WDID # 5B07NP00004 and 207AP00034 C. Change of Ownership or responsibility WDID#_________________________ II. CONTROL AGENCY INFORMATION A. Name Contra Costa County Flood Control and Water Conservation District and Contra Costa County Public Works Department B. Mailing Address 255 Glacier Drive C. City Martinez D. County Contra Costa E. State California F. Zip 94553-4825 G. Contact Person Ed Swan H. Title Vegetation Management Supervisor I. E-mail address eswan@pw.cccounty.us J. Phone (925) 313-7047 III. BILLING ADDRESS (Enter Information only if different from Section II above) A. Name B. Mailing Address E. City F. County E. State F. Zip G. Contact Person H. Title I. E-mail address J. Phone IV. RECEIVING WATER INFORMATION A. Algaecide and aquatic herbicides are used to treat (check all that apply): 1. Canals, ditches, or other constructed conveyance facilities owned and controlled by Discharger Name of the conveyance system: _County Flood Control Conveyances_________________________________________ 2. Canals, ditches, or other constructed conveyance facilities owned and controlled by an entity other than the Discharger Owner’s name: _________________________________________________________ Name of the conveyance system: _ Various______________________________________________ 3. Directly to river, lake, creek, stream, bay, ocean, etc. Name of water body: _Various throughout Contra Costa County______ Regional Water Quality Control Board(s) where treatment areas are located (REGION 1, 2, 3, 4, 5, 6, 7, 8, or 9): Region_2 and Region 5__________________________________________________ (List all regions where algaecide and aquatic herbicide application is proposed.) V. ALGAECIDE AND AQUATIC HERBICIDE APPLICATION INFORMATION VI. AQUATIC PESTICIDES APPLICATION PLAN Has Aquatic Pesticides Application Plan been prepared and is the applicator familiar with its contents? Yes No If not, when will it be prepared? ___________________________________ A. Target Organisms: Algae, submersed, floating and emergent aquatic vegetation B. Algaecide and Aquatic Herbicide Used: List Name and Active ingredients One or more of the following may be used: 2,4-D (Weedar®) Copper (Nautique®) Diquat Dibromide (Reward®) Endothall (Cascade®) Fluridone (Sonar®) Glyphosate (Aquamaster®, Rodeo®, AquaPro®, Glypro®) Imazamox (Clearcast®) Imazapyr (Habitat®) Penoxsulam (Galleon SC®) Sodium Carbonate Peroxyhydrate (GreenClean®) Triclopyr (Renovate®) Note: Names listed in parentheses are example product names and may change. C. Period of Application: Start Date: January 1 End Date: December 31, for the life of the permit D. Types of Adjuvants Used: Various non-ionic surfactants may be used. (Examples include, but not limited to: AgriDex, Silicone Super Wetter, etc) Have potentially affected public and govemmental agencies been notified?Yes X No! VIII. FEE B. Have you included payment ofthe filing fee (for first-time enrollees only) with this submittal? YES n NO n NA X XI. FOR STATE WATER BOARD STAFF USE ONLY IX. CERTIFICATION "I certifu under penalty of law that this document and all attachments were prcpared under my direction and supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry ofthe person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best ofmy knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine or imprisonment. Additionally, I c€rtify that the provisions ofthe General Permit, including developing and implementing a monitoring program, will be complied with." A. Printed Name: WDID:Date NOI Received:Date NOI Processed: Case Handler's lnitial:Fee Amount Received: $ Check #: I Lyris List Notification of Posting Of APAP Date Confirmation Sent Contra Costa County Aquatic Pesticide Application Plan (APAP) For the Statewide General National Pollutant Discharge Elimination System (NPDES) Permit for Residual Aquatic Pesticide Discharges to Waters of the United States from Algae and Aquatic Weed Control Applications Water Quality Order No. 2013-0002-DWQ General Permit # CAG990005 Prepared for: Contra Costa County Flood Control and Water Conservation District and Contra Costa County Public Works Department 255 Glacier Drive Martinez, CA 94553-4825 Contact: Ed Swan (925) 313-7047 Prepared by: Blankinship & Associates, Inc. 1590 Drew Avenue, Suite 120 Davis, CA 95618 Contact: Stephen Burkholder (530) 757-0941 Submitted to: State Water Resources Control Board 1001 I Street Sacramento, CA 95814 Contact: Russell Norman (916) 323-5598 January 2L,20L4 CERTIFICAT'ON "l certily under penow of ldw that this document and dll aftachments werc prepdred under my dircd supervision in dccorddnce with a system designed to insure that quolified perconnel properly gdthered and evdludted the inlormdtion submitted. Bdsed on my inquiry oI the person or persons who mdnoge the system or those pe$ons dircctly responsible for gothering the informotion, the informotion submitted is, to the best of my knowledge and beli4, true, occurote, ond complete. I om awore that there are significant pendlties for submitting folse information, including the possibility of line ond impisonmen/', Signed and Agreed: Ed Swan Acting Vegetation Management Supervisor Contra Costa County Public Works Department Project Biologist Blankinship & Associates, Inc. Ur!2K Michael S. Blankinship Licensed Professional Engineer (Civil) #C64112 Pest Control Adviser # 75890 Blan kinship & Associates, Inc. Conto Costo County Aqudtic Pesticide Applicotion PIon Blankinship & Associotes, lnc. January 21, 2014 Contra Costa County Flood Control and Water Conservation District and Contra Costa County Public Works Department Aquatic Pesticide Application Plan Statewide General National Pollutant Discharge Elimination System (NPDES) Permit for Residual Aquatic Pesticide Discharges to Waters of the United States from Algae and Aquatic Weed Control Applications Water Quality Order No. 2013-0002-DWQ General Permit # CAG990005 Table of Contents Aquatic Pesticide Application Plan ..................................................................................................... 1 Element 1: Description of the Water System ...................................................................................... 5 Element 2: Description of the Treatment Area ................................................................................... 5 Element 3: Description of Weeds and Algae ....................................................................................... 5 Element 4: Algaecides and Aquatic Herbicides Used, Known Degradation Byproducts, Application Methods and Adjuvants .................................................................................................................... 5 Element 5: Discussion of Factors Influencing Herbicide Use ................................................................ 6 Element 6: Gates and Control Structures ............................................................................................ 7 Element 7: State Implementation Policy (SIP) Section 5.3 Exception ................................................... 9 Element 8: Description of Monitoring Program .................................................................................. 9 8.1 Data Collection ................................................................................................................................... 9 8.2 Monitoring Locations and Frequency ...............................................................................................16 8.3 Sample Collection .............................................................................................................................17 8.4 Field Measurements .........................................................................................................................17 8.5 Sample Preservation and Transportation .........................................................................................17 8.6 Sample Analysis ................................................................................................................................17 8.7 Reporting Procedures .......................................................................................................................18 8.8 Sampling Methods and Guidelines ...................................................................................................20 8.9 Field Sampling Operations ................................................................................................................22 8.10 Quality Assurance and Quality Control (QA/QC) ............................................................................24 Element 9: Procedures to Prevent Sample Contamination ................................................................ 28 Element 10: Description of BMPs ..................................................................................................... 28 10.1 Measures to Prevent Spills and Spill Containment in the Event of a Spill .....................................29 10.2 Measures to Ensure Appropriate Use Rate ....................................................................................29 10.3 The Discharger’s plan in educating its staff and herbicide applicators on how to avoid any potential adverse effects from the herbicide applications ....................................................................30 10.4 Application Coordination to Minimize Impact of Application on Water Users ..............................30 10.5 Description of Measures to Prevent Fish Kills ................................................................................30 Element 11: Examination of Possible Alternatives ............................................................................ 31 11.1 Evaluation of Other Management Options ....................................................................................31 11.2 Using the Least Intrusive Method of Aquatic Herbicide Application .............................................34 11.3 Applying a decision matrix concept to the choice of the most appropriate formulation. .............35 References ...................................................................................................................................... 36 Contra Costa County Blankinship & Associates, Inc. Aquatic Pesticide Application Plan iii January 21, 2014 List of Tables Table 1 Aquatic Herbicides Used Table 2 Required Sample Analysis List of Figures Figure 1 Contra Costa County Watershed Map Figure 2 Aquatic Herbicide Application Log Figure 3 Aquatic Herbicide Field Monitoring & Sampling Form (Moving Water) Figure 4 Aquatic Herbicide Field Monitoring & Sampling Form (Static Water) Contra Costa County Blankinship & Associates, Inc. Aquatic Pesticide Application Plan iv January 21, 2014 Aquatic Pesticide Application Plan In March 2001, the State Water Resources Control Board (SWRCB) prepared Water Quality Order # 2001- 12-DWQ which created Statewide General National Pollutant Discharge Elimination System (NPDES) Permit # CAG990003 for the discharges of aquatic herbicides to waters of the United States. The purpose of Order # 2001-12-DWQ was to minimize the areal extent and duration of adverse impacts to beneficial uses of water bodies treated with aquatic herbicides. The purpose of the general permit was to substantially reduce the potential discharger liability incurred for releasing water treated with aquatic herbicides into waters of the United States. The general permit expired January 31, 2004. On May 20, 2004 the SWRCB adopted the statewide general NPDES Permit for Discharge of Aquatic Pesticides for Aquatic Weed Control in Waters of the United States #CAG 990005. Dischargers were required to have the general permit to perform aquatic herbicide applications. In May 2009, the general permit expired, but was administratively continued until November 30, 2013. The Statewide General NPDES Permit for Residual Aquatic Pesticide Discharges to Waters of the United States from Algae and Aquatic Weed Control Applications (herein referred to as the “Permit”) was adopted on March 5, 2013 and became available on December 1, 2013 (SWRCB 2013). The Permit requires compliance with the following: • The Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries in California, a.k.a. the State Implementation Plan, or SIP (SWRCB 2000) • The California Toxics Rule (CTR) • Applicable Regional Water Quality Control Board (RWQCB) Basin Plan Water Quality Objectives (WQOs) (CVRWQCB 2003) Coverage under the Permit is available to single dischargers and potentially to regional dischargers for releases of potential and/or actual pollutants to waters of the United States. Dischargers eligible for coverage under the Permit are public entities that conduct resource or pest management control measures, including local, state, and federal agencies responsible for control of algae, aquatic weeds, and other organisms that adversely impact operation and use of drinking water reservoirs, water conveyance facilities, irrigation canals, flood control channels, detention basins and/or natural water bodies. The Permit does not cover indirect or non-point source discharges, whether from agricultural or other applications of pesticides to land, that may be conveyed in storm water or irrigation runoff. The Permit only covers algaecides and aquatic herbicides that are applied according to label directions and that are registered for use on aquatic sites by the California Department of Pesticide Regulation (DPR). Contra Costa County Flood Control and Water Conservation District and the Contra Costa County Public Works Department (herein referred to as the “County”) is bordered by Solano Country (north), Alameda County (south), San Joaquin County (east), San Pablo Bay (west), and Sacramento County (northeast). The land ranges from flat to hilly, and includes Mt. Diablo (elevation 3,849 ft.). The Contra Costa County Public Works Department operates and staffs the Flood Control and Water Conservation District (FC&WCD). Flood control protection in Contra Costa County is accomplished through a series of facilities designed to provide urban flood protection to people and property in a Contra Costa County Blankinship & Associates, Inc. Aquatic Pesticide Application Plan 1 January 21, 2014 series of drainage areas (zones). The flood control facilities maintained by the County is a diverse system of approximately 80 linear miles of man-made and or engineered ditches, channels, and natural creeks designed to reduce or eliminate flooding hazards. Nuisance algae and aquatic vegetation grows in and along the County’s flood control Projects. The presence of algae and aquatic weeds adversely impact County operations. As such, the County has determined the need to use algaecides and aquatic herbicides to control problem aquatic vegetation and algae. The County’s “project”, as defined by the Permit, is the use of algaecides and aquatic herbicides to control algae and aquatic vegetation. The County has previously applied algaecides and aquatic herbicides using the SWRCB’s 2004 Permit. According to existing Permit requirements, the County has completed a Notice of Intent (NOI) and prepared an Aquatic Pesticide Application Plan (APAP). Sampling and analysis has been performed and annual reports have been submitted to both the Central Valley and San Francisco Bay Regional Water Quality Control Boards (RWQCBs). Using Integrated Pest Management (IPM) techniques, the County intends to apply algaecides and aquatic herbicides identified in the Notices of Intent to Comply (NOI) submitted to the RWQCBs. For the purposes of applying to, and complying with, the 2013 Permit, the County has created this APAP. This APAP is a comprehensive plan developed by the County that describes the project, the need for the project, what will be done to reduce water quality impacts, and how those impacts will be monitored. Specifically, this APAP contains the following eleven (11) elements. 1. Description of the water system to which algaecides and aquatic herbicides are being applied; 2. Description of the treatment area in the water system; 3. Description of types of weed(s) and algae that are being controlled and why; 4. Algaecide and aquatic herbicide products or types of algaecides and aquatic herbicides expected to be used and if known their degradation byproducts, the method in which they are applied, and if applicable, the adjuvants and surfactants used; 5. Discussion of the factors influencing the decision to select algaecide and aquatic herbicide applications for algae and weed control; 6. If applicable, list the gates or control structures to be used to control the extent of receiving waters potentially affected by algaecide and aquatic herbicide application and provide an inspection schedule of those gates or control structures to ensure they are not leaking; 7. If the Discharger has been granted a short-term or seasonal exception under State Water Board Policy for Implementation of Toxics Standards for Inland Surface Waters, Enclosed Bays, and Estuaries of California (Policy) Section 5.3 from meeting acrolein and copper receiving water limitations, provide the beginning and ending dates of the exception period, and justification for the needed time for the exception. If algaecide and aquatic herbicide applications occur outside of the exception period, describe plans to ensure that receiving water criteria are not exceeded because the Dischargers must comply with the acrolein and copper receiving water limitations for all applications that occur outside of the exception period; 8. Description of monitoring program; Contra Costa County Blankinship & Associates, Inc. Aquatic Pesticide Application Plan 2 January 21, 2014 9. Description of procedures used to prevent sample contamination from persons, equipment, and vehicles associated with algaecide and aquatic herbicide application; 10. Description of the Best Management Practices (BMPs) to be implemented. The BMPs shall include, at the minimum: 10.1. Measures to prevent algaecide and aquatic herbicide spill and for spill containment during the event of a spill; 10.2. Measures to ensure that only an appropriate rate of application consistent with product label requirements is applied for the targeted weeds or algae; 10.3. The Discharger’s plan in educating its staff and algaecide and aquatic herbicide applicators on how to avoid any potential adverse effects from the algaecide and aquatic herbicide applications; 10.4. Discussion on planning and coordination with nearby farmers and agencies with water rights diversion so that beneficial uses of the water (irrigation, drinking water supply, domestic stock water, etc.) are not impacted during the treatment period; and 10.5. A description of measures that will be used for preventing fish kill when algaecides and aquatic herbicides will be used for algae and aquatic weed controls. 11. Examination of Possible Alternatives. Dischargers should examine the alternatives to algaecide and aquatic herbicide use to reduce the need for applying algaecides and herbicides. Such methods include: 11.1. Evaluating the following management options, in which the impact to water quality, impact to non-target organisms including plants, algaecide and aquatic herbicide resistance, feasibility, and cost effectiveness should be considered: 11.1.1. No action; 11.1.2. Prevention; 11.1.3. Mechanical or physical methods; 11.1.4. Cultural methods; 11.1.5. Biological control agents; and 11.1.6. Algaecides and aquatic herbicides; If there are no alternatives to algaecides and aquatic herbicides, Dischargers shall use the minimum amount of algaecides and aquatic herbicides that is necessary to have an effective control program and is consistent with the algaecide and aquatic herbicide product label requirements. 11.2. Using the least intrusive method of algaecide and aquatic herbicide application; and 11.3. Applying a decision matrix concept to the choice of the most appropriate formulation. This APAP is organized to address the aforementioned 1 through 11 elements. Contra Costa County Blankinship & Associates, Inc. Aquatic Pesticide Application Plan 3 FIGURE 1. January 21, 2014 Element 1: Description of the Water System Contra Costa County occupies approximately 800 square miles and has a population estimated at 1.08 million people. Several large urban areas exist in the central portions of the County in and near the cities of Concord and Walnut Creek. Urban centers in the east County include Pittsburg, Antioch, and Brentwood. Larger portions of unincorporated eastern Contra Costa County are rural. The Contra Costa County Public Works Department operates and staffs the Flood Control and Water Conservation District (FC&WCD). Flood control protection in Contra Costa County is accomplished through a series of facilities designed to provide urban flood protection to people and property in a series of drainage areas (zones). The flood control facilities maintained by Contra Costa County is a diverse system of approximately 80 linear miles of man-made and or engineered ditches, channels, and natural creeks designed to reduce or eliminate flooding hazards. The water systems to be controlled are concrete- and earth-lined flood control channels and creeks (collectively referred to as “conveyances”) that range in size from 10 to approximately 500 feet across from bank to bank. Flows are variable and range seasonally from no flow to as high as approximately 25,000 cfs in Walnut Creek. Refer to Figure 1. Element 2: Description of the Treatment Area The County may apply algaecides or aquatic herbicides to the conveyances described in Element 1 if aquatic weeds or algae treatment thresholds are met. Element 3: Description of Weeds and Algae Weeds found throughout the County’s facilities include emergent, floating, and submersed aquatic vegetation and algae. The County’s flood control channels are prone to infestation by emergent, floating and submersed aquatic weeds including algae, arundo, yellow flag iris, cattails, Johnson grass, blackberries, water primrose, perennial pepperweed, tules, and tree of heaven. The presence of these weeds and others in flowing waterways can adversely impact water flow and reduce water capacity and flood control capabilities. Aquatic vegetation and algae leave more water in the conveyance while the capacity is reduced. . Element 4: Algaecides and Aquatic Herbicides Used, Known Degradation Byproducts, Application Methods and Adjuvants Table 1 summarizes the algaecides and aquatic herbicides that may be used by the County. Contra Costa County Blankinship & Associates, Inc. Aquatic Pesticide Application Plan 5 January 21, 2014 Table 1: Algaecides and Aquatic Herbicides That May be Used Herbicide Application Method(s) Adjuvant 2,4-D Backpack sprayer, handgun, or boom sprayer Various “Aquatic”- labeled adjuvants Copper – Chelated Submersed boom or injection Not Applicable Copper Sulfate Slug application, spreader, or via submersed burlap sack Not Applicable Diquat Dibromide Submersed boom, handgun, or boom sprayer Various “Aquatic”- labeled adjuvants Endothall Submersed boom/injection, handgun or boom sprayer, or spreader (granules) Not Applicable Fluridone Submersed boom, or spreader Not Applicable Glyphosate Backpack sprayer, handgun, or boom sprayer Various “Aquatic”- labeled adjuvants Imazamox Backpack sprayer, handgun, or boom sprayer Various “Aquatic”- labeled adjuvants Imazapyr Backpack sprayer, handgun, or boom sprayer Various “Aquatic”- labeled adjuvants Penoxsulam Backpack sprayer, handgun, or boom sprayer Not Applicable Sodium Carbonate Peroxyhydrate Handgun, boom sprayer (liquid), or spreader (granules) Not Applicable Triclopyr Backpack sprayer, handgun, or boom sprayer Various “Aquatic”- labeled adjuvants As required, aquatic-labeled adjuvants may be used to enhance the efficacy of an herbicide. Generally, the County uses adjuvants that are non nonylphenol-based. All herbicide applications are made in accordance with the product label. For example, an application of glyphosate, triclopyr and an appropriate surfactant to the Bettencourt Basin will be made with a handgun sprayer calibrated to deliver the correct amount of material per acre treated to achieve the desired target concentration. Element 5: Discussion of Factors Influencing Herbicide Use Treatment of aquatic vegetation and algae by the County is determined by the application of IPM. One of the primary operational goals of the IPM program is to establish a general and reasonable set of control measures that not only aid in managing aquatic vegetation populations, but also address public health & safety, economic, legal, and aesthetic requirements. An action threshold level is the point at which action should be taken to control aquatic vegetation before the drainage feature is significantly impacted; moreover, established action threshold levels may change based on public expectations. A central feature of IPM is to determine when control action is absolutely necessary and when it is not. Examples of when or how thresholds are met are when vegetation impedes flow, decreases capacity, or creates a nuisance. Typical problems associated with aquatic vegetation or algae blooms are adverse impacts to water quality or a reduction in the County’s flood control capabilities. If vegetation or algae equals or exceeds a threshold, a control method is implemented. Control methods may include mechanical, cultural controls, biological, and/or chemical, consistent with the County’s IPM techniques. Contra Costa County Blankinship & Associates, Inc. Aquatic Pesticide Application Plan 6 January 21, 2014 Algaecide and aquatic herbicide use may or may not be employed as a last resort control method, and is considered a critical part of the IPM program. For some aquatic weed varieties, herbicides offer the most effective (i.e. long-lasting or least labor intensive) control; sometimes, they may be the only control available. Algaecide and aquatic herbicide applications may also be made prior to threshold exceedance. For example, based on predicted growth rate and density, historical algae and aquatic weed trends, weather, water flow, and experience, aquatic weeds or algae may reasonably be predicted to cause future problems. Accordingly, they may be treated soon after emergence or when appropriate based on the algaecide and aquatic herbicide to be used. Even though algae and aquatic weeds may not be an immediate problem at this phase, treating them before they mature reduces the total amount of algaecide and aquatic herbicide needed because the younger aquatic weeds are more susceptible and there is less plant mass to target. Furthermore, treating aquatic weeds and algae within the ideal time frame of its growth cycle ensures that the selected control measures will be most effective. Managing aquatic weed populations before they produce seeds, tubers or other reproductive organs is an important step in a comprehensive aquatic weed control program. Generally, treating aquatic weeds earlier in the growth cycle results in fewer controls needed and less total herbicide used. Selection of appropriate algaecide and aquatic herbicide(s) and rate of application is done based on the identification of the algae and aquatic weed, its growth stage and the appearance of that algae or aquatic weed on the product label. The selection of and decision to use an algaecide or aquatic herbicide is based on the recommendation of a California Department of Pesticide Regulation (CDPR)-licensed Pest Control Adviser (PCA). The PCA considers a variety of control options that may include mechanical and/or cultural techniques that alone or in combination with algaecide or aquatic herbicide use are the most efficacious and protective of the environment. Evaluating alternative control techniques is part of the County’s IPM approach; therefore an alternative treatment may be selected as part of a test program. Alternative control techniques include mechanical removal (i.e. manually, or with an excavator), grazing and/or native species establishment. A more detailed description of each of these is presented in Element 10 and Element 11 of this document. In general, alternative control techniques are more expensive, labor intensive, not as effective, may cause temporary water quality degradation, and/or further spread algae or aquatic weeds. The equipment and labor required to perform these techniques is not always readily available. This may cause delays in removal leading to increased plant material to remove and increased cost. Element 6: Gates and Control Structures The County operates and maintains water control structures throughout its facilities. As applicable or necessary, County staff will close gates, valves or other structures during an algaecide or aquatic herbicide application to control the extent, if any, that receiving waters will be affected by residual algaecides or aquatic herbicides. To evaluate the presence of leaks, control structures within the treatment area will be inspected prior to and during the application. Figure 2, Aquatic Herbicide Application Log is the form used to document this inspection. If leaks develop on closed valves or gates, they will be stopped as soon as practicable. Contra Costa County Blankinship & Associates, Inc. Aquatic Pesticide Application Plan 7 For Client Use Only – Blankinship & Associates, Inc. **IMPORTANT** To Be Completed EVERY TIME an Aquatic Herbicide Application is Made I. GENERAL Date _______________ Location ____________________Start Time_______________ Stop Time____________ Agency ________________________________ Personnel _____________________________________________ Weather _____________________________________________________________________________________ Total Area Treated (Ac or linear ft)_____________________Target Weed(s)________________________________ II.PESTICIDE & ADJUVANT INFORMATION Herbicide #1 Used: _____________________ Rate or Target Concentration: _____________Total Amt Applied______________ Herbicide #2 Used: _____________________ Rate or Target Concentration: _____________Total Amt Applied______________ Adjuvant #1 Used: _____________________ Rate or Target Concentration: _____________Total Amt Applied______________ Adjuvant #2 Used: _____________________ Rate or Target Concentration: _____________Total Amt Applied______________ Method of Application: __________________ Application Made With water flow / Against water flow / Not Applicable (Circle One) III. TREATED WATERBODY INFORMATION Waterbody type (Circle One: lined canal, unlined canal, creek, drain, ditch, reservoir, lake, pond) Other:___________________ Water flow (ft/sec, cfs) _____________ Water Depth (ft):__________________Water temperature (F): ___________________ Percent weed cover______________________________________ Sheen: (circle one) yes no Color: (circle one) none brown green other:____________ Clarity (circle one) poor fair good Other Information: ______________________________________________________________________________________ IV. GATES, WEIRS, CHECKS OR OTHER CONTROL STRUCTURES (ONLY FILL OUT IF APPLICABLE) A. Are there any gates or control structures in the treatment area that may discharge to streams, rivers, lakes, or other natural waterways? Yes No N/A (If the answer to question A is Yes then answer questions B-F the Table below, otherwise leave blank) Before Application B. Have flow control structures been closed & sealed to prevent aquatic pesticide from discharging to Yes No natural waterways? C. Have necessary flow control structures been inspected for leaks? Yes No D. If leaks were found, were they sealed or otherwise prevented from allowing water to discharge to natural waterways prior to application? Yes No During Application E. Were necessary flow control structures inspected for leaks? Yes No F. If leaks developed, was the application stopped until the leak could be sealed or prevented from allowing water to discharge to natural waterways? Yes No If the answer to any of the above questions is No, explain: _______________________________________________________ Gate Time Closed Time Opened How was time opened determined: V. CERTIFICATION I _____________________ (print name) certify that the APAP has been followed (sign here): X_____________________ Aquatic Herbicide Application Log rev 1.14.14 If NO applications made this month, check here and list month:______ Fig.2 For Regulatory Review andApproval Purposes Only Unauthorized Duplication Prohibited January 21, 2014 Element 7: State Implementation Policy (SIP) Section 5.3 Exception The County has applied for, and been granted a SIP Section 5.3 Exception for the use copper. The County’s exception period when copper-containing herbicides are applied is from June through August. These herbicides may be used on an as-needed basis during the summer to minimize nuisance odors and water flow issues caused by large mats of filamentous algae. The County does not anticipate using copper-containing herbicides outside of the exception period. Consistent with SIP exception requirements, after completion of a copper applications during the exception period, a qualified biologist certifies that beneficial uses of receiving waters have been restored. Element 8: Description of Monitoring Program Attachment C of the Permit presents the Monitoring and Reporting Program (MRP). The MRP addresses two key questions: Question No. 1: Does the residual algaecides and aquatic herbicides discharge cause an exceedance of the receiving water limitations? Question No. 2: Does the discharge of residual algaecides and aquatic herbicides, including active ingredients, inert ingredients, and degradation byproducts, in any combination cause or contribute to an exceedance of the “no toxics in toxic amount” narrative toxicity objective? Attachment C of the Permit provides MRP guidelines that the County will use to meet the aforementioned goals. 8.1 Data Collection Visual monitoring will be performed for all algaecide and aquatic herbicide applications at all sites and be recorded by qualified personnel. Figure 2 (Aquatic Pesticide Application Log) or its equivalent, Figure 3 (Aquatic Herbicide Field Monitoring & Sampling Form MOVING Water) or its equivalent, or Figure 4 ( Aquatic Herbicide Field Monitoring & Sampling Form STATIC Water) will be used. Contra Costa County Blankinship & Associates, Inc. Aquatic Pesticide Application Plan 9 Revised 1/14/2014 Aquatic Herbicide Field Monitoring & Sampling Form – Moving Water Fig.3 Page 1/3 For Client Use Only – Blankinship & Associates, Inc. **IMPORTANT** Attach Relevant Aquatic Herbicide Application Log (AHAL) Form Agency:_____________________________ Site Name:_____________________________ DO YOU NOTICE YES NO UNKNOWN IF YES, DESCRIBE YOUR OBSERVATIONS Floating Material Settleable Substances Suspended Material Bottom Deposits Taste and Odors Water coloration Visible Films, Sheens or Coatings Fungi, Slimes, or Objectionable Growths Aquatic Community Degradation SAMPLE #1: Background (BG) Collect upstream of, or in treatment area within 24 hours of the treatment starting. N Scale: 1”≈ Sampler Name:___________________________________ Date:___________________ Time: ________________ Herbicide Applied (Surfactants?):_____________________ Approximate Water Speed (ft/sec):____________________ Sample Waypoint or GPS Coordinates_________________ _______________________________________________ Target Vegetation:________________________________ Site Description:__________________________________ DO (mg/L):___________ EC (μs/cm)_____________ pH:_______________ Turbidity (NTU):_______________ Temp (*C):_______________ Draw Sample Location and include identifiable points of reference For Regulatory Review and Approval Purposes Only Unauthorized Duplication Prohibited Revised 1/14/2014 Aquatic Herbicide Field Monitoring & Sampling Form – Moving Water Fig.3 Page 2/3 For Client Use Only – Blankinship & Associates, Inc. Agency:__________________________ Site Name:_____________________________ DO YOU NOTICE YES NO UNKNOWN IF YES, DESCRIBE YOUR OBSERVATIONS Floating Material Settleable Substances Suspended Material Bottom Deposits Taste and Odors Water coloration Visible Films, Sheens or Coatings Fungi, Slimes, or Objectionable Growths Aquatic Community Degradation SAMPLE # 2: Event Monitoring (Event) N Scale: 1” ≈ Sampler Name:___________________________________ Date:___________________ Time:_________________ Sample Waypoint or GPS Coordinates_________________ _______________________________________________ Approximate Water Speed (ft/sec):____________________ Length of Treated Area (ft):__________________________ Application Start Date: _________ Start Time:__________ Application End Date: __________ End Time: __________ Application made with or against water flow? (Circle One) DO (mg/L):___________ EC (μs/cm)_____________ pH:_______________ Turbidity (NTU):_______________ Temp (*C):_______________ Draw Sample Location and include identifiable points of reference Collect immediately downstream of treatment area shortly after application, but after sufficient time has elapsed such that treated water would have exited the treatment area. The timing for the collection of this sample will be a site-specific estimation based on flow rates and size of the application area, and duration of treatment. Date Field Blank (FB) Collected: ______ Date Field Duplicate (FD) Collected: ______ For Regulatory Review and Approval Purposes Only Unauthorized Duplication Prohibited Revised 1/14/2014 Aquatic Herbicide Field Monitoring & Sampling Form – Moving Water Fig.3 Page 3/3 For Client Use Only – Blankinship & Associates, Inc. Agency:_____________________________ Site Name:_____________________________ DO YOU NOTICE YES NO UNKNOWN IF YES, DESCRIBE YOUR OBSERVATIONS Floating Material Settleable Substances Suspended Material Bottom Deposits Taste and Odors Water coloration Visible Films, Sheens or Coatings Fungi, Slimes, or Objectionable Growths Aquatic Community Degradation SAMPLE # 3: Post-Event Monitoring (Post) Collect in treatment area within 7 days of application, or when treatment is deemed complete. N Scale: 1”≈ Draw Sample Location and include identifiable points of reference Sampler Name:__________________________________ Date:___________________ Time:________________ Sample Waypoint or GPS Coordinates_________________ _______________________________________________ Approximate Water Speed (ft/sec):___________________ DO (mg/L):___________ EC (μs/cm)_____________ pH:_______________ Turbidity (NTU):_______________ Temp (*C):_______________ Comments______________________________________ _______________________________________________ For Regulatory Review and Approval Purposes Only Unauthorized Duplication Prohibited Revised 1/14/2014 Aquatic Herbicide Field Monitoring & Sampling Form – Static Water Fig.4 Page 1/3 For Client Use Only – Blankinship & Associates, Inc. **IMPORTANT** Attach Relevant Aquatic Herbicide Application Log (AHAL) Form Agency:_____________________________ Site Name:_____________________________ DO YOU NOTICE YES NO UNKNOWN IF YES, DESCRIBE YOUR OBSERVATIONS Floating Material Settleable Substances Suspended Material Bottom Deposits Taste and Odors Water coloration Visible Films, Sheens or Coatings Fungi, Slimes, or Objectionable Growths Aquatic Community Degradation SAMPLE #1: Background (BG) Collect upstream of, or in treatment area within 24 hours of the treatment starting. N Scale: 1” ≈ Sampler Name:___________________________________ Date:___________________ Time: ________________ Herbicide Applied (Surfactants?):_____________________ _______________________________________________ Sample Waypoint or GPS Coordinates_________________ _______________________________________________ Target Vegetation:________________________________ Site Description:__________________________________ DO (mg/L):___________ EC (μs/cm)_____________ pH:_______________ Turbidity (NTU):_______________ Temp (*C):_______________ Draw Sample Location and include identifiable points of reference For Regulatory Review and Approval Purposes Only Unauthorized Duplication Prohibited Revised 1/14/2014 Aquatic Herbicide Field Monitoring & Sampling Form – Static Water Fig.4 Page 2/3 For Client Use Only – Blankinship & Associates, Inc. Agency:_____________________________ Site Name:_____________________________ DO YOU NOTICE YES NO UNKNOWN IF YES, DESCRIBE YOUR OBSERVATIONS Floating Material Settleable Substances Suspended Material Bottom Deposits Taste and Odors Water coloration Visible Films, Sheens or Coatings Fungi, Slimes, or Objectionable Growths Aquatic Community Degradation SAMPLE # 2: Event Monitoring (Event) N Scale: 1” ≈ Sampler Name:___________________________________ Date:___________________ Time:_________________ Sample Waypoint or GPS Coordinates_________________ _______________________________________________ Length of Treated Area (ft):__________________________ Application Start Date: _________ Start Time:__________ Application End Date: __________ End Time: __________ Application made with or against water flow? (Circle One) DO (mg/L):___________ EC (μs/cm)_____________ pH:_______________ Turbidity (NTU):_______________ Temp (*C):_______________ Draw Sample Location and include identifiable points of reference Collect immediately outside the treatment area immediately after the application event, but after sufficient time has elapsed such that treated water would have exited the treatment area. The timing for the collection of this sample will be a site-specific estimation based on size of the application area, and duration of treatment. Collect Field Blank and Duplicate Samples as Needed Date Field Blank (FB) Collected: ______ Date Field Duplicate (FD) Collected: ______ For Regulatory Review and Approval Purposes Only Unauthorized Duplication Prohibited Revised 1/14/2014 Aquatic Herbicide Field Monitoring & Sampling Form – Static Water Fig.4 Page 3/3 For Client Use Only – Blankinship & Associates, Inc. Agency:_____________________________ Site Name:_____________________________ DO YOU NOTICE YES NO UNKNOWN IF YES, DESCRIBE YOUR OBSERVATIONS Floating Material Settleable Substances Suspended Material Bottom Deposits Taste and Odors Water coloration Visible Films, Sheens or Coatings Fungi, Slimes, or Objectionable Growths Aquatic Community Degradation SAMPLE # 3: Post-Event Monitoring (Post) Collect within treatment area within 7 days of application, or when treatment is deemed completed. N Scale: 1” ≈ Draw Sample Location and include identifiable points of reference Sampler Name:__________________________________ Date:___________________ Time:________________ Sample Waypoint or GPS Coordinates_________________ _______________________________________________ DO (mg/L):___________ EC (μs/cm)_____________ pH:_______________ Turbidity (NTU):_______________ Temp (*C):_______________ Post- Treatment Efficacy (circle one) poor fair good unknown Impacts to water quality (circle one) positive negative unknown Comments______________________________________ For Regulatory Review and Approval Purposes Only Unauthorized Duplication Prohibited January 21, 2014 8.2 Monitoring Locations and Frequency Water quality sampling for glyphosate will be conducted for one application event from each environmental setting (flowing water and non-flowing water) per year. No water quality sampling is required for applications of products that contain sodium carbonate peroxyhydrate. For application of all other algaecides and aquatic herbicides listed on the Permit, the County will collect samples from a minimum of six application events for each active ingredient in each environmental setting per year. If there are less than six application events in a year for an active ingredient, the County will collect samples for each application event in each environmental setting. If the results from six consecutive sampling events show concentrations that are less than the applicable receiving water limitation/trigger in an environmental setting, the County will reduce the sampling frequency for that active ingredient to one per year in that environmental setting. If the annual sampling shows exceedances of the applicable receiving water limitation/trigger, the County will be required to return to sampling six applications the next year, and until sampling may be reduced again. Sites will be chosen to represent the variations in treatment that occur, including algaecide or aquatic herbicide use, hydrology, and environmental setting, conveyance or impoundment type, seasonal, and regional variations. The exact location(s) of sample site(s) will be determined after site scouting and a decision to make an aquatic herbicide application are made per the County’s IPM approach. Figure 3 is the form used to document sampling. 8.2.1 Sample Locations Sampling will include background, event, and post-event monitoring as follows: Background Monitoring: In moving water, the background (BG) sample is collected upstream of the treatment area at the time of the application event, or in the treatment area within 24 hours prior to the start of the application. Event Monitoring: The event monitoring (Event) sample for flowing water is collected immediately downstream of treatment area immediately after the application event, but after sufficient time has elapsed such that treated water would have exited the treatment area. The Event sample for non-flowing (static) water is collected immediately outside the treatment area immediately after the application event, but after sufficient time has elapsed such that treated water would have exited the treatment area. The location and timing for the collection of the Event sample may be based on a number of factors including, but not limited to algae and aquatic weed density and type, flow rates, size of the treatment area and duration of treatment. Post-Event Monitoring: The post-event monitoring (Post) sample is collected within the treatment area within one week after the application, or when the treatment is deemed complete. One full set of three samples (i.e., BG, Event and Post) will be collected during each treatment from the representative site(s) treated within the County according to the monitoring frequency and locations Contra Costa County Blankinship & Associates, Inc. Aquatic Pesticide Application Plan 16 January 21, 2014 described earlier. Additionally, one Field Duplicate (FD) and one Field Blank (FB) will be collected and submitted for analysis for each analyte, once per year. The FD and FB samples will most likely be collected during Event Monitoring. See Figure 3 for the field sampling forms to be used. 8.3 Sample Collection If the water depth is 6 feet or greater the sample will be collected at a depth of 3 feet. If the water depth is less than 6 feet the sample will be collected at the approximate mid-depth. As necessary, an intermediary sampling device (e.g., Van-Dorn style sampler or long-handled sampling pole) will be used for locations that are difficult to access. Long-handled sampling poles with attached sampling container will be inverted before being lowered into the water to the desired sample depth, where it will be turned upright to collect the sample. Appropriate cleaning technique is discussed in Section 8.8.4. 8.4 Field Measurements In conjunction with sample collection, temperature will be measured in the field. Turbidity, electrical conductivity, pH, and dissolved oxygen may be measured in the field using field meters as available, or analyzed in the laboratory. Turbidity, pH, and dissolved oxygen meters are calibrated according to manufacturer’s specifications at the recommended frequency, and checked with a standard prior to each use. Conductivity meters are calibrated by the manufacturer and will be checked according to manufacturer’s specifications with standards throughout the year (typically once per month) to evaluate instrument performance. If the calibration is outside the manufacturer’s specifications, the conductivity probe will be recalibrated. Calibration logs are maintained for all instruments to document calibration. 8.5 Sample Preservation and Transportation Samples may be collected directly into preserved containers, or collected in unpreserved containers, and preserved at the laboratory upon receipt if the analytical method requires preservation. Once a sample is collected and labeled it will immediately be placed in a dark, cold (~4° C) environment, typically a cooler with ice. Delivery to the laboratory should occur as soon as practicable after sample collection. 8.6 Sample Analysis Table 2 shows the constituents that each sample must be analyzed for. Contra Costa County Blankinship & Associates, Inc. Aquatic Pesticide Application Plan 17 January 21, 2014 Table 2: Required Sample Analysis Analyte EPA Method Reporting Limit Hold Time (Days) Container Chemical Preservative Temperature1 N/A N/A N/A N/A N/A Dissolved Oxygen1 360.1 or 360.2 0.0 mg/L 1 1L Amber Glass None Turbidity2 180.1 0.00 NTU 2 100 mL HDPE None Electrical Conductivity2 120.1 0 µS/cm 28 100 mL HDPE None pH2 150.1 or 150.2 1-14 Immediately 100 mL HDPE None Nonylphenol3 550.1m 0.5 µg/L 7 2 x 40 mL VOA None Hardness (dissolved)4 SM2340B 0.7 mg CaCO3/L 1 Day if unpreserved; 180 Days if preserved 250 mL HDPE HNO3 *2,4-D 8151, 8150A, 615 0.5 µg/L 7 1L Amber Glass None *Copper (dissolved) 200.8 0.5 µg/L 1 Day if unpreserved; 180 Days if preserved 250 mL HDPE HNO3 *Triclopyr 8151, 8150A, 615 0.5 µg/L 7 1L Amber Glass None *Diquat 549 40 µg/L 7 500 mL Amber HDPE H2SO4 *Endothall 548.1 40 µg/L 7 100 mL Amber Glass or 2 x 40 mL VOA None *Fluridone SePro FasTest, HPLC 1 ug/L 7 30 ml Amber HDPE None *Glyphosate 547 0.5 µg/L 14 2 x 40 mL VOA None *Imazamox HPLC 50 ug/L 14 2 x 40 mL VOA None *Imazapyr 532m 100 ug/L 14 1 L Amber Glass None *Penoxsulam 532m 20 ug/L 7 1 L Amber Glass None Notes: * Signifies algaecide or aquatic herbicide active ingredient. Chemical analysis is only required for the active ingredient(s) used in treatment. Analysis not required for algaecides and aquatic herbicides containing sodium carbonate peroxyhydrate. EPA Methods are taken from NEMI 2004. 1Field measured. 2May be field or laboratory measured. 3Required only when a nonlyphenol-based surfactant is used. 4Required for copper applications only. HPLC – High Performance Liquid Chromatography. m – Modified extraction or analysis technique. 8.7 Reporting Procedures An annual report for each reporting period, from January 1 to December 31 will be prepared by March 1 of the following year and will be submitted to the appropriate RWQCB. In years when no algaecides or aquatic herbicides are used, a letter stating no applications will be sent to the appropriate RWQCB in lieu of an annual report. The annual report will contain the following information as described in Attachment C of the Permit: 1. An Executive Summary discussing compliance or violation of the Permit and the effectiveness of the APAP; and Contra Costa County Blankinship & Associates, Inc. Aquatic Pesticide Application Plan 18 January 21, 2014 2. A summary of monitoring data, including the identification of water quality improvements or degradation as a result of algaecide or aquatic herbicide application. The County will collect and retain all information on the previous reporting year. When requested by the Deputy Director or Executive Officer of the applicable RWQCB, the County will submit the annual information collected, including: 1. An Executive Summary discussing compliance or violation of the Permit and the effectiveness of the APAP to reduce or prevent the discharge of pollutants associated with herbicide applications; 2. A summary of monitoring data, including the identification of water quality improvements or degradation as a result of algaecide or aquatic herbicide application, if appropriate, and recommendations for improvement to the APAP (including proposed BMPs) and monitoring program based on the monitoring results. All receiving water monitoring data shall be compared to applicable receiving water limitations and receiving water monitoring triggers; 3. Identification of BMPs and a discussion of their effectiveness in meeting the Permit requirements; 4. A discussion of BMP modifications addressing violations of the Permit; 5. A map showing the location of each treatment area; 6. Types and amounts of aquatic herbicides used at each application event during each application 7. Information on surface area and/or volume of treatment area and any other information used to calculate dosage, concentration, and quantity of each aquatic herbicide used; 8. Sampling results shall indicate the name of the sampling agency or organization, detailed sampling location information (including latitude and longitude or township/range/section if available), detailed map or description of each sampling area (address, cross roads, etc.), collection date, name of constituent/parameter and its concentration detected, minimum levels, method detection limits for each constituent analysis, name or description of water body sampled, and a comparison with applicable water quality standards, description of analytical QA/quality control plan. Sampling results shall be tabulated so that they are readily discernible; and 9. Summary of Aquatic Herbicide Application Logs (AHALs, Figure 2). The County will report to the SWRCB and appropriate RWQCB any noncompliance, including any unexpected or unintended effect of an algaecide or aquatic herbicide that may endanger health or the environment. The Twenty-Four Hour Report will be provided orally, by way of a phone call, to the SWRCB and appropriate RWQCB within 24 hours from the time the County becomes aware of any noncompliance. The Twenty-Four Hour Report will include the following information: 1. The caller’s name and telephone number; 2. Applicator name and mailing address; 3. Waste Discharge Identification (WDID) number; 4. How and when the County became aware of the noncompliance; 5. Description of the location of the noncompliance; 6. Description of the noncompliance identified and the USEPA pesticide registration number for each product the County applied in the area of the noncompliance; and 7. Description of the steps that the County has taken or will take to correct, repair, remedy, cleanup, or otherwise address any adverse effects. Contra Costa County Blankinship & Associates, Inc. Aquatic Pesticide Application Plan 19 January 21, 2014 If the County is unable to notify the SWRCB and appropriate RWQCB within 24 hours, the County will do so as soon as possible and provide a rationale for why the County was unable to provide notification of noncompliance within 24 hours. In addition to the Twenty-Four Hour Report, the County will provide a written submission within five (5) days of the time the County becomes aware of the noncompliance. The Five-Day Written Report will contain the following information: 1. Date and time the County contacted the State Water Board and the appropriate Regional Water Board notifying of the noncompliance and any instructions received from the State and/or Regional Water Board; information required to be provided in Section D.1 (24-Hour Reporting); 2. A description of the noncompliance and its cause, including exact date and time and species affected, estimated number of individual and approximate size of dead or distressed organisms (other than the pests to be eliminated); 3. Location of incident, including the names of any waters affected and appearance of those waters (sheen, color, clarity, etc); 4. Magnitude and scope of the affected area (e.g. aquatic square area or total stream distance affected); 5. Algaecide and aquatic herbicide application rate, intended use site (e.g., banks, above, or direct to water), method of application, and name of algaecide and herbicide product, description of algaecide and herbicide ingredients, and U.S. EPA registration number; 6. Description of the habitat and the circumstances under which the noncompliance activity occurred (including any available ambient water data for aquatic algaecides and aquatic herbicides applied); 7. Laboratory tests performed, if any, and timing of tests. Provide a summary of the test results within five days after they become available; 8. If applicable, explain why the County believes the noncompliance could not have been caused by exposure to the algaecides or aquatic herbicides from the County’s application; and 9. Actions to be taken to prevent recurrence of adverse incidents. The Five Day Written Report will be submitted within five (5) days of the time the County becomes aware of the noncompliance unless SWRCB staff or Regional Water Board staff waive the above described report if an oral report has been received within 24 hours. 8.8 Sampling Methods and Guidelines The purpose of this section is to present methods and guidelines for the collection and analysis of samples necessary to meet the APAP objective of assessing adverse impacts, if any, to beneficial uses of water bodies treated with algaecides and aquatic herbicides. This section describes the techniques, equipment, analytical methods, and quality assurance and quality control procedures for sample collection and analysis. Guidance for the preparation of this chapter included: NPDES Storm Water Sampling Guidance Document (USEPA 1992); Guidelines and Specifications for Preparing Quality Assurance Project Plans (USEPA 1980); and U.S. Geological Survey, National Field Manual for the Collection of Water Quality Data (USGS 1995). Contra Costa County Blankinship & Associates, Inc. Aquatic Pesticide Application Plan 20 January 21, 2014 8.8.1 Surfacewater Sampling Techniques As discussed in Section 8.3, if the water depth is 6 feet or greater the sample will be collected at a depth of 3 feet, if the water depth is less than 6 feet the sample will be collected at the approximate mid- depth. As necessary, an intermediary sampling device (e.g., Van-Dorn style sampler or long-handled sampling pole) will be used for locations that are difficult to access. Long-handled sampling poles with attached sampling container will be inverted before being lowered into the water to the desired sample depth, where it will be turned upright to collect the sample. Appropriate cleaning technique is discussed in Section 8.8.4. During collection, the samples will be collected in a manner that minimizes the amount of suspended sediment and debris in the sample. Surface water grab samples will be collected directly by the sample container, or by an intermediary container in the event that the sample container cannot be adequately or safely used. Intermediary samplers will be either poly (plastic/HDPE), stainless steel or glass. Any container that will be reused between sites will be washed thoroughly and triple rinsed before collection of the next sample, see Section 8.8.4. Alternatively, disposable poly or glass intermediary sample containers can be used. 8.8.2 Sample Containers Clean, empty sample containers with caps will be supplied in protective cardboard cartons or ice chests by the primary laboratory. The containers will be certified clean by either the laboratory or the container supplier. To ensure data quality control, the sampler will utilize the appropriate sample container as specified by the laboratory for each sample type. Sample container type, holding time, and appropriate preservatives are listed in Table 2. Each container will be affixed with a label indicating a discrete sample number for each sample location. The label will also indicate the date and time of sampling and the sampler’s name. 8.8.3 Sample Preservation and Filtering Samples may either be collected with bottles containing the correct preservative(s), or collected in unpreserved bottles and preserved upon receipt at the analytical lab. If filtration is required, it must be done prior to sample preservation. After collection, samples will be refrigerated at approximately four (4) degrees Celsius (C), stored in a dark place, and transported to the analytical laboratory. Refer to Table 2. 8.8.4 Sampling Equipment Cleaning In the event that sampling equipment will be used in more than one location, the equipment will be thoroughly cleaned with a non-phosphate cleaner, triple-rinsed with distilled water, and then rinsed once with the water being sampled prior to its first use at a new sample collection location. Contra Costa County Blankinship & Associates, Inc. Aquatic Pesticide Application Plan 21 January 21, 2014 8.8.5 Sample Packing and Shipping All samples are to be packed and transported the day the samples are collected to provide ample time for samples to be analyzed within the required holding time. Ice will be included in coolers containing samples that require temperature control. Samples will be packaged in the following manner: 1. Sample container stickers will be checked for secure attachment to each sample container. 2. The sample containers will be placed in the lined cooler. Bubble-wrap, suitable foam padding, or newspaper will be placed between sample containers to protect the sample containers from breakage during shipment and handling. 3. The Chain of Custody (COC) will be placed inside a plastic bag and placed inside the cooler. The COC will indicate each unique sample identification name, time and place of sample collection, the sample collector, the required analysis, turn-around-time, and location to which data will be reported. 4. The cooler will then be readied for pick-up by a courier or delivered directly to the laboratory. 8.9 Field Sampling Operations 8.9.1 Field Logbook A 3-ring binder, bound logbook, or other suitable recording media must be maintained by members of the sampling team to provide a record of sample location, significant events, observations, and measurements taken during sampling. Sample records are intended to provide sufficient data and observations to enable project team members to reconstruct events that occurred during the sampling and must be legible, factual, detailed, and objective. As appropriate and at the discretion of County field staff, observations and measurements can be supplemented with pictures of site conditions at the time of sampling. When recording observations in the field book, the sampling team will note the presence or absence of: 1. Floating or suspended matter; 2. Discoloration; 3. Bottom deposits; 4. Aquatic life; 5. Visible films, sheens, or coatings; 6. Fungi, slimes, or objectionable growths; and 7. Potential nuisance conditions. See Figure 3 and Figure 4 for the forms to be used to record relevant field data when sampling. 8.9.2 Alteration of Sampling Techniques It is possible that actual field conditions may require a modification of the procedures outlined herein. Specifically, water levels, weather, other environmental parameters and hazards including stream flow, Contra Costa County Blankinship & Associates, Inc. Aquatic Pesticide Application Plan 22 January 21, 2014 rainfall, and irrigation water use may pose access and/or sampling problems. In such instances, variations from standard procedures and planned sampling locations and frequencies will be documented by means of appropriate entry into the field logbook. 8.9.3 Flow Estimation Flow estimation measurements must be made for all moving water sampling locations. If feasible, a flow meter calibrated according to the manufacturer’s directions may be placed as close to the center of the stream, creek, or canal as possible and a reading taken in feet per second (ft/sec). Alternatively, a common floating object (ball, branch, leaf, etc.) may be placed as close to the center of the conveyance as possible and the time it travels a known distance will be estimated and represented in ft/sec. A minimum travel distance of approximately 25 feet will be used. 8.9.4 Chain-of-Custody (COC) The COC record will be employed as physical evidence of sample custody. The sampler will complete a COC record to accompany each sample shipment from the field to the laboratory. The COC will specify: time, date, location of sample collection, specific and unique sample number, requested analysis, sampler name, required turn-around-time, time and date of sample transaction between field and laboratory staff, preservative, if any, and name of receiving party at the laboratory. Corrections to the COC will be made by drawing a line through, initialing, and dating the error, and entering the correct information. Erasures are not permitted. Upon receipt of the samples, laboratory personnel will check to insure that the contents of the ice chest(s) are accurately described by the COC. Upon verification of the number and type of samples and the requested analysis, a laboratory representative will sign the COC, indicating receipt of the samples. The COC record form will be completed in duplicate. Upon sample delivery, the original copy will be left with the laboratory and a copy will be kept by the sampler, three-hole punched, and placed in the field logbook. 8.9.5 Sample Label The label will contain information on the specific project (i.e. Contra Costa County FC&WCD), the unique individual sample ID (i.e. Sand Creek – BG), the date and time the sample was collected, and the name of the sampler (i.e. S. Burkholder). Prior to sampling, a water resistant label will be completed with waterproof ink and will be affixed to the appropriate container. 8.9.6 Corrections to Documentation Documents will not be destroyed or thrown away, even if they are illegible or contain inaccuracies that require a replacement or correction. If an error is made on a document used by an individual, that Contra Costa County Blankinship & Associates, Inc. Aquatic Pesticide Application Plan 23 January 21, 2014 individual will make corrections by making a line through the error and entering the correct information. The erroneous information will not be obliterated. Corrections will be initialed and dated. 8.9.7 Document Control A central file location will be established and used to store documentation such as the filed logbook and laboratory data. 8.9.8 Sample Kit Prior to departing to the field to collect samples, the following equipment will be prepared for use: • Laboratory-supplied sampling bottles (one set for each sample to be collected plus spares, plus QA/QC samples) • Sample labels (one for each sample to be collected plus spares) • Sharpie Pen or other permanent, water-proof ink marker • Chain of Custody forms • Field data logbook • Flow meter (optional – for moving water applications) • Zip lock style bags for paperwork • Non-phosphate cleaner (i.e. Liqui-Nox®) • Deionized or distilled water • Ice or blue ice packs • Clear Mailing Tape • Cooler for samples • Grab pole or Van-Dorn style sampler • Gloves • Rubber boots or waders • Stop or wrist watch • Camera 8.10 Quality Assurance and Quality Control (QA/QC) The purpose of quality assurance and quality control (QA/QC) is to assure and control the quality of data generated during sample collection and analysis as described earlier in this document. Quality assurance and quality control are measured in a variety of ways, as described below. 8.10.1 Precision Precision is a measure of the reproducibility of measurements under a given set of conditions. It is a quantitative measure of the variability of a group of measurements compared to the average value of the group and is expressed as the relative percent difference (RPD). Sources of error in precision (imprecision) can be related to both laboratory and field techniques. Specifically, lack of precision is caused by inconsistencies in instrument setting, measurement and sampling techniques, and record keeping. Contra Costa County Blankinship & Associates, Inc. Aquatic Pesticide Application Plan 24 January 21, 2014 Laboratory precision is estimated by generating analytical laboratory matrix spike (MS) and matrix spike duplicate (MSD) sample results and calculating RPD. In general, laboratory RPD values of less than 25% will be considered acceptable. Field precision is estimated by collecting field duplicates (FDs) in the field and calculating RPD. In general, field RPD values of less than 35% will be considered acceptable. Refer to the discussion of FDs in Section 8.10.5. 8.10.2 Accuracy Accuracy is a measure of how close data are to their true values and is expressed as percent recovery (%R), which is the difference between the mean and the true value expressed as a percentage of the true value. Sources of error (inaccuracy) are the sampling process, field contamination, preservation, handling, sample matrix effects, sample preparation, analytical techniques, and instrument error. Laboratory accuracy is estimated using reference standards, matrix spike (MS) and matrix spike duplicates (MSD) samples. Acceptable accuracy is generally between 75 and 125%. Refer to the earlier discussion of MS and MSD. 8.10.3 Completeness Completeness is defined as the percentage of measurements made which are judged to be valid measurements. The completeness objective is that the sufficiently valid data is generated to allow for submittal to the SWRCB and RWQCB. Completeness will be assessed by comparing the number of valid sample results to the number of samples collected. The objective for completeness is > 80 %. 8.10.4 Representativeness Representativeness refers to a sample or group of samples that reflects the predominant characteristics of the media at the sampling point. The objective in addressing representativeness is to assess whether the information obtained during the sampling and analysis represents the actual site conditions. 8.10.5 Field Duplicate The purpose of a field duplicate (FD) is to quantify the precision, or reproducibility, of the field sampling technique. It involves the duplication of the technique used for a particular field sample collection method and the subsequent comparison of the initial and duplicate values. This comparison is measured as the relative percent difference (RPD). RPD is calculated as follows: RPD = [(Sample1 – Sample2) / (Average of Samples 1 and 2)] X 100 An acceptable field RPD value is < 35%. The FD is collected at the same time as the actual field sample and one FD per year will be collected. Contra Costa County Blankinship & Associates, Inc. Aquatic Pesticide Application Plan 25 January 21, 2014 8.10.6 Field Blank The purpose of the field blank (FB) is to assure that the field sampling technique, equipment, or equipment cleaning technique or materials do not impart a false positive or negative result during the collection of the sample. A FB will be prepared with distilled water and allowed to come into contact with the sampling device in a manner identical to the actual sample. The only acceptable values for analytes in the FB is less than the detection limit for the compounds of interest, or an expected, previously determined, background value. The FB will be collected at the same time as the actual field sample and one FB per year will be collected. 8.10.7 Laboratory Quality Assurance and Quality Control Laboratory precision and accuracy will be monitored by a series of laboratory-generated quality control samples. As long as sufficient sample volume is collected and submitted to the laboratory, no additional effort is required by field activities to generate laboratory quality control samples. Each set of field samples will have associated with it one each from the following set of laboratory quality control samples. 8.10.7.1 Method Blank The purpose of the method blank (MB) is to assure that the analytical technique does not impart a false positive result during the preparation or analysis of the sample. A method blank will be prepared by the laboratory from high purity distilled or deionized water. The only acceptable values for analytes in the MB are zero or an expected, previously determined, background values. 8.10.7.2 Matrix Spike The purpose of a matrix spike (MS) is to quantify accuracy and to assure that the analytical technique does not impart a false negative or positive result during the preparation or analysis of the sample. It involves the introduction of the analyte (or an analyte surrogate) of interest into the actual sample matrix and then quantitating it. The amount detected divided by the amount added to the matrix is expressed as a percent recovery (%R). Acceptable values of %R range from 75% to 125%. Percent recovery is calculated as follows: %R = [(Spike Amount Detected - Sample Value) / Amount Spiked] x 100 8.10.7.3 Matrix Spike Duplicate The purpose of a matrix spike duplicate (MSD) is to quantify laboratory precision. An acceptable RPD is less than or equal to 25%. The MSD involves duplication of the MS resulting in two data points from which relative percent difference (RPD) is calculated as follows: RPD = [(MS – MSD) / (Average of MS and MSD)] X 100 Contra Costa County Blankinship & Associates, Inc. Aquatic Pesticide Application Plan 26 January 21, 2014 8.10.8 Data Validation Data validation will use data generated from the analytical laboratory and the field. References that can be used to assist in data validation include USEPA Contract Laboratory Program National Functional Guidelines for Inorganic Data Review (USEPA 1994) and USEPA Contract Laboratory Program National Functional Guidelines for Organic Data Review (USEPA 1999). The purpose of data validation is to ensure that data collected are of sufficient quality for inclusion in reports to the RWQCB. In order to serve this purpose, the following information must be available in order to evaluate data validity: 1. Date of sample collection – required to uniquely identify sample and holding time. 2. Location of samples – required to identify sample. 3. Laboratory QA/QC procedures – required to assess analytical accuracy, precision, and sample integrity. A laboratory QA/QC sample set consists of a MS, a MSD, and a MB. A laboratory QA/QC sample set will be analyzed by the laboratory for each field sample batch. Sufficient sample volume and number will be supplied to the laboratory in order to prepare and evaluate the laboratory QA/QC sample set. 4. Analytical methods – required to assess appropriateness and acceptability of analytical method used. 5. Detection limits – required to assess lower limit of parameter identification. 6. Holding times, preservation, and dates of extraction and analysis – required to assess if a sample was extracted and analyzed within the specified time limits and if a sample was stored at the appropriate temperature. 7. Field QA/QC procedures – required to assess field precision and sample integrity. A field QA/QC sample set consists of FB and FD samples. A field QA/QC sample set will be analyzed by the laboratory for one sampling event per year. Sufficient sample volume and number will be collected in the field and supplied to each laboratory in order to prepare and evaluate the field QA/QC sample set. 8.10.9 Data Qualification Data collected for compliance with the Permit will be qualified through the Analytical Lab Validation process described in 8.10.7. This process will ensure all data has been thoroughly reviewed and qualified as valid. During the data validation process, data qualifiers will be used to classify sample data. The following qualifiers will be used: A - Acceptable. The data have satisfied each of the requirements and are quantitatively acceptable (i.e., valid) and will be used in reports. R - Reject. Data not valid. This qualifier will be used for samples that cannot be uniquely identified by date of collection or sample location or that fail holding time or , detection limit requirements. Invalid data will not be presented in reports submitted to the RWQCB. Contra Costa County Blankinship & Associates, Inc. Aquatic Pesticide Application Plan 27 January 21, 2014 8.10.10 Corrective Action If previously described criteria for valid data are not met, then corrective action as follows will be taken: 1. The laboratory will be asked to check their quality assurance/quality control data and calculations associated with the sample in question. If the error is not found and resolved, then: a. The extracts or the actual samples, which will be saved until the data are validated, will be reanalyzed by the laboratory if they are within holding time limitations. These new results will be compared with the previous results. If the error is not found and resolved, then: b. If field analytical equipment is used, then calibration records will be reviewed. If the error is not found, then: c. The sampling procedure and sample preparation will be re-checked and verified. If the procedures appear to be in order and the error is not resolved, then: d. The data will be deemed invalid and not used. 2. Upon discovery of the source of an error, every attempt will be made to address the cause of the error and remedy the problem. 8.10.11 Data Reporting The results of sampling and analysis will be summarized in the Annual Report. The data will be tabulated so that they are readily discernible. Element 9: Procedures to Prevent Sample Contamination Sample collection will not be done in close proximity to application equipment and preferably upwind. Sampling will be done in a manner that prevents contact with algaecide or aquatic pesticide application equipment, containers or personal protective equipment (PPE). Care will be taken by samplers to minimize into contact with any treated water or vegetation. In the event that sampling equipment will be used in more than one location, the equipment will be thoroughly cleaned with a non-phosphate cleaner, triple-rinsed uncontaminated water, and then rinsed once with the water being sampled prior to its first use at a new sample collection location, as described in Section 8.8.4. Gloves will be changed between sites. Element 10: Description of BMPs The County employs the following BMPs to ensure the safe, efficient and efficacious use of algaecides and aquatic herbicides. Contra Costa County Blankinship & Associates, Inc. Aquatic Pesticide Application Plan 28 January 21, 2014 10.1 Measures to Prevent Spills and Spill Containment in the Event of a Spill Applicators take care when mixing and loading algaecides and aquatic herbicides and adjuvants. All label language is followed to ensure safe handling and loading of algaecides and aquatic herbicides. Application equipment is regularly checked and maintained to identify and minimize the likelihood of leaks developing or failure that would lead to a spill. If possible, algaecides and aquatic herbicides will be mixed and loaded in the County’s yard before leaving for the application site(s). If algaecides or aquatic herbicides are spilled, they will be prevented from entering any waterbodies to the extent practicable. County staff is trained to contain any spilled material and are familiar with the use of absorbent materials such as kitty litter, “pigs” and “pillows”. Spills will be cleaned up according to label instructions, and all equipment used to remove spills will be properly contained and disposed of or decontaminated, as appropriate. Applicators will report spills as required by County policy and in a manner consistent with local, state and federal requirements. 10.2 Measures to Ensure Appropriate Use Rate The following BMPs help ensure the appropriate algaecide and aquatic herbicide application rate is used. 10.2.1 Site Scouting Prior to treatment, the County’s PCA and/or qualified staff scout sites to evaluate the extent to which acceptable algae or aquatic weed thresholds have been exceeded. Thresholds are based on conveyance system capacity and flow maintenance. If a location is deemed to have exceeded a threshold, or given algae or aquatic weed population is anticipated to exceed a threshold based on site and weather conditions, historic aquatic weed growth, or other information, an algaecide or aquatic herbicide application is considered. If the application can be made without negatively impacting the water quality, then an application is made. 10.2.2 Written Recommendations Prepared by PCA Prior to application, a PCA licensed by California Department of Pesticide Regulation (DPR) and/or qualified County staff scout the area(s) to be treated, makes a positive identification of pest(s) present, checks applicable product label(s) for control efficacy, and in collaboration with County staff, the PCA prepares a written recommendation, including rates of application, and any warnings or conditions that limit the application so that non-target flora and fauna are not adversely impacted. Licensed PCAs must complete 40 hours of continuing education every 2 years to stay licensed, and therefore are up-to-date on the latest techniques for pest control. 10.2.3 Applications Made According to Label Contra Costa County Blankinship & Associates, Inc. Aquatic Pesticide Application Plan 29 January 21, 2014 All algaecide and aquatic herbicide applications are made according to the product label in accordance with regulations of the U.S. EPA, CalEPA, Cal OSHA, DPR, and the local Agricultural Commissioner. The County’s PCA and DPR-licensed Qualified Applicator Certificate (QAC) or Qualified Applicator License (QAL) holders regularly monitor updates and amendments to the label so that applications are in accordance with label directions. Licensed QALs and QACs must complete 20 hours of continuing education every 2 years to stay licensed, and therefore are up-to-date on the latest techniques for pest control. 10.2.4 Applications Made by Qualified Personnel As appropriate, consistent with applicable regulations, the County will utilize QALs, QACs or County staff under the supervision of QALs or QACs to make applications or supervise applications recommended by the PCA. These County staff have knowledge of proper equipment loading, nozzle selection, calibration, and operation so that spills are minimized, precise application rates are made according to the label, and only target plants are treated. A QAC/QAL must make any applications of restricted use herbicides such as 2,4-D. 10.3 The Discharger’s plan in educating its staff and herbicide applicators on how to avoid any potential adverse effects from the herbicide applications See information above on the continuing education requirements of County staff responsible for selection and application of algaecides and aquatic herbicides. 10.4 Application Coordination to Minimize Impact of Application on Water Users As required by the algaecide and aquatic herbicide label, water users potentially affected by any water use restrictions will be notified prior to an application being made. As necessary, gates, weirs, etc. will be closed to prevent discharge of residual algaecide or aquatic herbicides. 10.5 Description of Measures to Prevent Fish Kills It is important to acknowledge that the use of aquatic herbicides and algaecides, even when used according to label instructions, may result in unavoidable fish kills. Nonetheless, measures will be taken to reduce the likelihood of fish kills as described below. Generally speaking, the concentration of residual aquatic herbicides and algaecides (i.e., the concentration of the aquatic herbicide or algaecide present after the treatment is complete) is not sufficiently high to result in fish kills. 10.5.1 Applications Made According to Label All aquatic herbicide applications are made according to the product label in accordance with regulations of the U.S. EPA, CalEPA, DPR, Cal OSHA and the local Agricultural Commissioner. Precautions on the product label to prevent fish kills will be followed. For example, limitations on the surface water area treated will be followed to prevent dead algae or aquatic weeds from accumulating Contra Costa County Blankinship & Associates, Inc. Aquatic Pesticide Application Plan 30 January 21, 2014 and then decaying and subsequently depressing the dissolved oxygen (DO) level. Depressed DO may adversely impact fish populations. 10.5.2 Written Recommendations Prepared by PCA Prior to application, a PCA licensed by DPR and/or County staff scouts the area to be treated, makes a positive identification of pest(s) present, checks applicable product label(s) for control efficacy, and in collaboration with County staff, the PCA prepares a written recommendation, including rates of application, and any warnings or conditions that limit the application so that fish are not adversely impacted. 10.5.3 Applications Made by Qualified Personnel As appropriate, consistent with applicable regulations, the County will utilize QACs, QALs, or County staff under the supervision of QALs or QACs to make applications or supervise applications recommended by the PCA. These applicators have knowledge of proper equipment loading, nozzle selection, calibration, and operation so that spills are minimized, precise application rates are made according to the label, and only target algae or vegetation are treated. Calibration ensures that the correct quantity and rate of herbicide is applied. Element 11: Examination of Possible Alternatives 11.1 Evaluation of Other Management Options Treatment of algae and aquatic weeds is determined by the application of Integrated Pest Management (IPM). For example, if a population of aquatic weeds equals or exceeds a threshold, an algaecide or aquatic herbicide application is made. Thresholds are met when aquatic weeds or algae cause problems, typically associated with capacity, flow impediment, or sediment build-up. Algaecide and aquatic herbicide applications may also be made prior to threshold exceedance. For example, based on predicted growth rate and density, weather, water availability, and historical records and experience, aquatic weeds may reasonably be predicted to cause future problems. Accordingly, they may be treated soon after emergence. Even though aquatic weeds may not be an immediate problem at this phase, treating them before they mature reduces the amount of algaecide and aquatic herbicide needed because the younger aquatic weeds are more susceptible and there is less plant mass to target. Selection of appropriate algaecides and aquatic herbicides and rate of application is done based on the identification of the algae or aquatic weed and the appearance of that algae or aquatic weed on the product label. 11.1.1 No Action As feasible, this technique is used. For example, consistent with the IPM program used by the County, a threshold is typically reached prior to treatment. Prior to reaching a threshold, no control is considered. Contra Costa County Blankinship & Associates, Inc. Aquatic Pesticide Application Plan 31 January 21, 2014 11.1.2 Prevention Habitat Modification After the removal of non-native terrestrial and emergent invasive species, the introduction and re- establishment of native species has been successful along the banks or margins of streams and rivers. This technique provides competition for non-desirable species, creates habitat, and may reduce the long-term need for emergent aquatic weed abatement. Limitations to this approach include availability of suitable native species, availability of labor to plant native species, and irrigate and cultivate until the native plant stand is established, and safe access to banks for work crews. Plant characteristics such as growth patterns and the potential to invade areas where they are not wanted must be considered as well as the timing for introduction of native plants. This technique is expensive, takes many years, may be subject to expensive and time-consuming regulatory agency (i.e., California Department of Fish and Wildlife, Corps of Engineers, etc.) approval, and may not be feasible in all areas. The County will also consider other habitat modifying techniques appropriate for the individual target areas; for example, dredging. In areas where sedimentation has significantly impacted the capacity of the water body, dredging can increase the water volume, reduce organic matter generated in the water body, and remove nutrient-containing sediment. Native Species Establishment After the removal of emergent non-native invasive species, the introduction and re-establishment of native species has been successful along the banks or margins of streams and rivers. This technique provides competition for non-desirable species, creates habitat, and may reduce the long-term need for emergent aquatic weed abatement. Limitations to this approach include availability of suitable native species, availability of labor to plant native species, and irrigate and cultivate until the native plant stand is established, and safe access to banks for work crews. Plant characteristics such as growth patterns and the potential to invade areas where they are not wanted must be considered as well as the timing for introduction of native plants. This technique is expensive, takes many years, may be subject to expensive and time-consuming regulatory agency (i.e., California Department of Fish and Wildlife, Corps of Engineers, etc.) approval, and may not be feasible in all areas. 11.1.3 Mechanical or Physical Methods Mechanical Removal Mechanical removal in the County’s conveyance system requires various methods including including the use of hand or motor-driven cutting tools, pulling a large chain through the water, or removing weeds with an excavator. Generally, these techniques are very labor intensive per unit acre or length of water treated. Mechanical removal places personnel at risk of general water, boating, slip, trip and fall hazards, poisonous wildlife, drowning, risks the spilling of motor oil and fuel, and can increase air pollution. The cost per area of mechanical removal is significantly higher than the cost of labor, product and equipment of the application of aquatic herbicides. The increased cost of mechanical aquatic weed abatement does not Contra Costa County Blankinship & Associates, Inc. Aquatic Pesticide Application Plan 32 January 21, 2014 include the cost of the aforementioned risks (pollution abatement, workman’s compensation claims, etc.). In some instances, the use of mechanical techniques may be necessary when the use of algaecides or aquatic herbicides is not practical, or vegetation is not at an appropriate growth stage. Blankinship & Associates estimates that mechanical removal is 10 to 25 times more expensive than using chemical controls. This additional expense does not include the cost for disposal or for obtaining permits. Environmental impacts due to the use of mechanical techniques include the creation of water-borne sediment and turbidity due to people and equipment working in the water. This suspended sediment can adversely affect aquatic species by lowering dissolved oxygen and preventing light penetration. Disturbing sediment or conveyance banks may cause additional problems including, but not limited to, new areas for aquatic weed establishment, fragmentation and re-establishment of aquatic weeds, and siltation. Many species the County hopes to control can be spread through fragmentation, and mechanical control has the potential to increase the distribution of the problem vegetation. The costs for trucking and waste disposal are not included. Waste must be taken to traditional landfills and cannot be taken to green waste disposal due to the concern that redistribution of the material may occur and subsequently result in re-establishment. Mechanical removal has been, and will continue to be used by the County, as feasible, to remove vegetation in some areas. While effective in the short-term, regrowth or reemergence of vegetation is common. Controlled Burns This option is most suitable for some types of emergent and terrestrial weeds, and is not appropriate for submerged aquatic vegetation. This option is generally not a suitable alternative control method for vegetation in the conveyances maintained by the County due to the potential adverse impact of fires in riparian and residential areas. Additionally, controlled burns create air quality concerns. Grazing This option is most suitable for emergent and terrestrial weeds, and is not suitable for submerged aquatic weeds or algae. Impacts to water quality from animal feces, increases in turbidity, nutrients, and bank erosion, and impacts to desirable species make this option unfeasible in some cases. The cost of hiring grazing animals is also generally more costly than chemical control alternatives. The nature of the conveyance system, presence of vehicle traffic, and lack of fencing limits where grazing could be implemented within the drainage system. Grazing will be considered as an alternative control, as feasible. Tilling or Discing This option is not suitable for the control of aquatic or riparian vegetation because tilling or discing exposes erodible soils. The County generally avoids tilling and discing in and around its conveyance system so as not to encourage erosion of banks and sedimentation. Contra Costa County Blankinship & Associates, Inc. Aquatic Pesticide Application Plan 33 January 21, 2014 11.1.4 Cultural Methods Cultural methods used to reduce the amount of aquatic herbicides used include modifying the timing of algaecide and aquatic herbicide and non-herbicide controls to prevent plants from reaching reproductive growth stages. Another cultural method is making applications before the density of algae or aquatic vegetation is high enough to require higher algaecide or aquatic herbicide application rates or additional applications to maintain algae or aquatic weed populations below threshold levels. 11.1.5 Biological Control Agents Goats and sheep are often used for grazing in and along riparian areas and levees. As discussed previously, grazing may be suitable for emergent and terrestrial weeds and is not suitable for submerged aquatic weeds or algae. Impacts to water quality from animal feces, increases in turbidity, nutrients, and bank erosion, and impacts to desirable species make this option unfeasible in some cases. The cost of hiring grazing animals is also generally more costly than algaecide and aquatic herbicide control alternatives. The urban nature of the conveaynce system, presence of vehicle traffic, and lack of fencing limits where grazing could be implemented. Grazing will be considered as an alternative control, as feasible. 11.1.6 Algaecides and Aquatic Herbicides; The selection of and decision to use an algaecide or aquatic herbicide is based on the recommendation of a PCA in collaboration with County staff. The PCA considers a variety of control options that may include mechanical and cultural techniques that alone or in combination with chemical controls are the most efficacious and protective of the environment. Evaluating alternative control techniques is part of the County’s IPM approach; therefore an alternative treatment may be selected as part its program. Alternative control techniques and detailed description of each of these is presented in Section 11.1. In general, alternative control techniques are expensive, labor intensive, not as effective, and may cause temporary water quality degradation. The equipment and labor required to perform these techniques is not always readily available as it is required during the summer months that is typically a busy general maintenance period for the County. This may cause delays in removal or sporadic plant material activity leading to increased plant growth and subsequently higher plant material removal cost. The quantity of algaecide and aquatic herbicide required for an application is determined by a PCA that has followed the label directions in making a recommendation. The rate at which an algaecide and aquatic herbicide is used is highly variable and depends on the type, time of year, location, and density and type of aquatic weeds, water presence, and goal of the application. All these factors are considered by the PCA prior to making a recommendation for an application. 11.2 Using the Least Intrusive Method of Aquatic Herbicide Application The County uses a variety of application methods specialized mechanized vehicles (trucks, all-terrain vehicles, small boats, etc.) and personnel with backpack sprayers to make algaecide and aquatic Contra Costa County Blankinship & Associates, Inc. Aquatic Pesticide Application Plan 34 January 21, 2014 herbicide applications. Combined with the need to hold, safely transport and properly apply algaecides and aquatic herbicides, the County’s techniques are the least intrusive as feasibly possible. Please refer to Table 1 for application methods. 11.3 Applying a decision matrix concept to the choice of the most appropriate formulation. As previously stated, a PCA and/or qualified County staff scouts the area to be treated, makes a positive identification of pest(s) present, checks appropriate algaecide and aquatic herbicide product label(s) for control efficacy, and then the PCA prepares a written recommendation. The written recommendation includes rates of application, and any warnings or conditions that limit the application. The PCA may also recommend that an adjuvant be used to enhance the efficacy of the algaecide or aquatic herbicide. Contra Costa County Blankinship & Associates, Inc. Aquatic Pesticide Application Plan 35 January 21, 2014 References CVRWQCB. 2004. A Compilation of Water Quality Goals. Available: http://www.swrcb.ca.gov/rwqcb5/water_issues/water_quality_standards_limits/water_quality _goals/. Updated September 2011. National Environmental Methods Index (NEMI) 2004. Available: http://www.nemi.gov SWRCB. 2013. Statewide General National Pollutant Discharge Elimination System (NPDES) Permit for Residual Aquatic Pesticide Discharges to Waters of the United States from Algae and Aquatic Weed Control Applications, Water Quality Order No. 2013-0002-DWQ. Available: http://www.waterboards.ca.gov/water_issues/programs/npdes/docs/aquatic/weedcontrol/wp 2013_002dwq.pdf USEPA. 1980. Guidelines and Specifications for Preparing Quality Assurance Project Plans. USEPA. 1992. NPDES Storm Water Sampling Guidance Document. USEPA. 1994. USEPA Contract Laboratory Program National Functional Guidelines for Inorganic Data Review. USEPA. 1999. USEPA Contract Laboratory Program National Functional Guidelines for Organic Data Review. USGS. 1995. U.S. Geological Survey, National Field Manual for the Collection of Water Quality Data. Contra Costa County Blankinship & Associates, Inc. Aquatic Pesticide Application Plan 36 Appendix G Annual Notification Report Template Contra Costa County Public Works Department Annual Notification for 2021 Maintenance Projects Prepared for: [Resource Agencies] Contra Costa County Public Works Department 255 Glacier Drive Martinez, CA 94553 [DATE] Routine Maintenance Program 2021 Projects TABLE OF CONTENTS Section Page 1. Project List and Locations 1.1Vegetation Maintenance Activities ................................................................. 1-1 1.2 Fallen Tree Management ................................................................................... 1-4 1.3 Grazing Activities .................................................................................................. 1-6 1.4 Sediment Removal ................................................................................................ 1-7 1.5 Culvert Repair and Replacement .................................................................... 1-8 1.6 Impact Avoidance and Minimization ............................................................ 1-9 2. Project Descriptions and Site Details 2.1 Vegetation Management Activities ................................................................ 2-1 2.2 Fallen Tree Management ................................................................................... 2-5 2.3 Grazing Activities .................................................................................................. 2-8 2.4 Sediment Removal 2.5 Culvert Repair and Replacement .................................................................... 2-9 3. Impact Summary and Mitigation for Residual Impacts 3.1 Summary of Impacts on Wetlands, Waters and Riparian Resources and Mitigation Needs ......................................................... 3-1 3.2 On-Site and Off-Site Mitigation Options ...................................................... 3-2 3.3 Channel Restoration ........................................................................................... 3-3 Appendices Appendix A. Project Area Maps Contra Costa Public Works Department 1-1 [Date] Section 1 Project List and Locations 1.1 Vegetation Maintenance Activities [Description of planned vegetation maintenance activities including trimming, thinning, removal, and mowing. Include description of vegetation maintenance methods that would be employed.] [Include the locations of planned vegetation maintenance work.] Table 1-1: Vegetation Maintenance Activities Creek Location Latitude/ Longitude Vegetation Maintenance Activities Mowing (cubic yards or linear ft) Trimming and Pruning (cubic yards) Herbicide Application along Access Roads/channels Herbicide Application on Aquatic Vegetation Concrete Bed and Bank Channels Earthen Bed and Bank Channels Sediment Basins 2019 Maintenance Projects 1. Project List and Locations Contra Costa Public Works Department 1-2 [Date] Creek Location Latitude/ Longitude Vegetation Maintenance Activities Mowing (cubic yards or linear ft) Trimming and Pruning (cubic yards) Herbicide Application along Access Roads/channels Herbicide Application on Aquatic Vegetation Natural Channels 1.2. Fallen Tree Management [Description of proposed fallen trees that require either repositioning or removal. Include a summary of the types of tools and equipment that will be used and describe why some trees require complete] [Include list of sites where fallen trees will be addressed] Table 1-2: Fallen Tree Management Sites Creek Project Site Tributary To Area Disturbed below Ordinary High Water (sq ft/ Acreage) Activity (Remove, Limbing or Reposition) Latitude/ Longitude Earthen Channel Natural Channel 2019 Maintenance Projects 1. Project List and Locations Contra Costa Public Works Department 1-3 [Date] 1.3. Grazing Activities The subsequent table presents project geographic information and locations for each of the 2016 project sites. Table 1-3: Grazing Creek Project Site Tributary To Area Disturbed below Ordinary High Water (Acreage) Linear Feet Latitude/ Longitude Sediment Basins Earthen Channels 1.4. Sediment Removal [Text describing why sediment removal is needed in County channels. Include detailed information to support sediment removal, such as as-built plans, photos of existing conditions, flow data or monitoring and visual observations, etc. Include maps showing the location of each sediment removal operation, aerial extent of removal and volume with footprint shown on drawing or aerial photo if possible, history of removal (annual or occasional and roughly how often), and note whether vegetation is present] [Include list of sediment removal sites] Table 1-4: Sediment Removal Project Sites Creek Project Location Tributary To Linear Feet Area Disturbed below Ordinary High Water (Acreage) Total Cubic Yards Latitude/Longitude Concrete Channels 2019 Maintenance Projects 1. Project List and Locations Contra Costa Public Works Department 1-4 [Date] Creek Project Location Tributary To Linear Feet Area Disturbed below Ordinary High Water (Acreage) Total Cubic Yards Latitude/Longitude Earthen Channels 1.5 Culvert Repair and Replacement [Text describing why culvert repair/replacement is needed] [Include list of culvert repair/replacement sites] Table 1-5: Culvert Repair and Replacement Sites Creek Project Site Tributary To Linear Feet of Impact Area Disturbed below Ordinary High Water (Acreage) Latitude/ Longitude 2019 Maintenance Projects 1. Project List and Locations Contra Costa County Public Works Department 1-5 [Date] 1.6 Impact Avoidance and Minimization [Introductory text describing BMPs that would be employed to avoid and minimize maintenance activities. Include entire list of BMP numbers and titles in table] Table 1-6: Best Management Practices (BMPs) by Activity Vegetation Management Activities BMP Name Sediment Removal Culvert Repair/Replacement Fallen Tree Management Grazing Mowing Trimming and Pruning Herbicide Application Along Roads Herbicide Application on Aquatic Vegetation Fallen Tree Management General Impact Avoidance and Minimization GEN-1 Work Window X X X X X X X X X GEN-2 Minimize the Area of Disturbance X X X X X X X X GEN-3 Erosion and Sediment Control Measures X X X X X X X X GEN-4 Dust Management Controls X X X X X X X GEN-5 Staging and Stockpiling of Materials X X X X X X X GEN-6 On-Site Hazardous Materials Management X X X X X X X X GEN-7 Existing Hazardous Materials X X GEN-8 Spill Prevention X X X X X X X GEN-15 Spill Response X X X Contra Costa Public Works Department 2-1 [Date] Section 2 Project Descriptions 2.1 Vegetation Management Activities [Include more detailed description of proposed vegetation maintenance activities and include representative photos of the maintenance sites. Consider cross-referencing the BMP table and describe any pre-maintenance surveys that will be completed before work begins] 2.2 Fallen Tree Management [Include more detail about how the county proposes to reposition or remove fallen trees in the channel. Include photos of fallen trees that need to be addressed] 2.3 Grazing Activities [Include more detail about the need for grazing activities, timing of work. Describe where fencing would be installed to protect creeks, etc. Include photo of proposed grazing areas.] 2.4 Sediment Management [Include more detail about the objective and need for conducting sediment removal. Describe construction equipment and methods to be employed, work timing. Indicate whether channel is wet or dry and need for dewatering. Include photos of sediment removal sites] 2019 Maintenance Projects 3. Impact Summary and Mitigation for Residual Impacts Contra Costa Public Works Department 3-1 [Date] Section 3 Impact Summary and Mitigation for Residual Impacts 3.1 Summary of Impacts on Wetlands, Waters and Riparian Resources and Mitigation Needs [Summary of residual impacts from 2019 maintenance activities that would result in impacts to wetlands and waters of the U.S./state. Include summary table similar to like the one below] Table 3-1. Estimated Impacts to RWQCB, CDFW and USACE Jurisdictional Wetlands and Other Waters Facility Impacts Expected to be Regulated by RWQCB and CDFW Impacts Expected to be Regulated by USACE Impacts to Wetlands (sq ft) Impacts to Other Waters (sq ft) Temporary or Permanent? Impacts to Wetlands (sq ft) Impacts to Other Waters (sq ft) Temporary or Permanent? Concrete Channel Earthen Channels Natural Channels 2019 Maintenance Projects 3. Impact Summary and Mitigation for Residual Impacts Contra Costa Public Works Department 3-2 [Date] Facility Impacts Expected to be Regulated by RWQCB and CDFW Impacts Expected to be Regulated by USACE Impacts to Wetlands (sq ft) Impacts to Other Waters (sq ft) Temporary or Permanent? Impacts to Wetlands (sq ft) Impacts to Other Waters (sq ft) Temporary or Permanent? Culverts Sediment Basins Total (sq ft) Total (acres) Table 3-2. Mitigation Needs Expected to be Regulated by RWQCB and CDFW Resource Impact Type Impact Quantity (sq ft) Impact Quantity (acre) Impact Quantity (linear feet) Mitigation Ratio Mitigation Quantity (acres) Mitigation Type (in-kind or out- of-kind) Wetlands Temporary Wetlands Permanent Total Wetlands Other Waters Temporary Other Waters Permanent Total Other Waters Grand Total 3.2 On-Site and Off-Site Mitigation [Describe on-site and/or off-site mitigation projects. This could include invasive species plant removal, planting trees on-site or off-site, and/or conducting restoration or enhancement activities along natural or modified earthen channels. Describe square footage 2019 Maintenance Projects 3. Impact Summary and Mitigation for Residual Impacts Contra Costa Public Works Department 3-3 [Date] of mitigation activities, maps of mitigation sites, and construction methods that would be employed] 3.3 Partner with Local Watershed Organizations [As appropriate, describe local watershed projects that the County plans to either partner on or fund.] Appendix H Cultural Resources Assessment Report Final Technical Report CULTURAL RESOURCES ASSESSMENT REPORT Contra Costa County Public Works Department Routine Maintenance Program September 2019 Prepared for: Contra Costa County Public Works Department, Maintenance Division Contact: Allison Knapp, P.E. 2475 Waterbird Way Martinez, CA 94533 (925)313-7000 Allison.Knapp@pw.cccounty.us Prepared by: Horizon Water and Environment, LLC P.O. Box 2727 Oakland, CA 94612 Dean Martorana, RPA Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program i Table of Contents Executive Summary ........................................................................................................................................ ES-1 1 Introduction .............................................................................................................................................. 1-1 1.1 Program Description .................................................................................................................................... 1-1 1.1.1 Program Area and Action Area ................................................................................................. 1-1 1.1.2 Mechanisms for Impacting Cultural Resources ................................................................. 1-2 1.1.3 Maintenance Activities Descriptions ..................................................................................... 1-5 1.2 Regulatory Setting ......................................................................................................................................... 1-7 1.2.1 State of California Regulations ................................................................................................. 1-7 1.2.2 Federal Regulations ...................................................................................................................... 1-9 1.3 Program Area of Potential Effects ........................................................................................................ 1-10 2 Project Context ...................................................................................................................................... 2-11 2.1 Environmental Context ............................................................................................................................. 2-11 Prehistoric Archaeological Context ..................................................................................................... 2-11 2.2 Ethnographic Context ................................................................................................................................ 2-12 2.3 Historic-Era Context ................................................................................................................................... 2-14 3 Native American Consultation and Archival Research ........................................................... 3-17 3.1 Native American Consultation ............................................................................................................... 3-17 3.2 Archival Research and Cultural Resources Sensitivity ................................................................ 3-17 3.3 Cultural Resource Types ........................................................................................................................... 3-18 3.3.1 Native American Site Types ..................................................................................................... 3-18 3.3.2 Historic Era Site Types ............................................................................................................... 3-19 3.3.3 Archaeological Site Potential Model ..................................................................................... 3-19 4 Cultural Resources Best Management Practices ....................................................................... 4-24 4.1 Potential Impacts to Cultural Resources ........................................................................................... 4-24 4.2 Best Management Practices .................................................................................................................... 4-24 5 Summary .................................................................................................................................................. 5-32 6 References ............................................................................................................................................... 6-33 Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program ii Appendices Appendix A. Native American Correspondence Appendix B. Northwest Information Center Results [CONFIDENTIAL] Figures Figure 1. Project Vicinity .................................................................................................................................................. 1-3 Figure 2. Program Overview .......................................................................................................................................... 1-4 Figure 1. Archaeological Surface Site Potential .................................................................................................... 3-22 Figure 2. Buried Site Potential ..................................................................................................................................... 3-23 Tables Table 1. Summary of Key Facility Types and Routine Maintenance Activities ........................................ 1-5 Table 2. Mexican Land Grants in Contra Costa County .................................................................................... 2-15 Table 3. Native American Correspondence .......................................................................................................... 3-17 Table 4. Previously Identified Cultural Resource Types within 200 feet of Channels and Basins .................................................................................................................................................................. 3-18 Table 5. Surface Model Weights by Environmental Condition ..................................................................... 3-20 Table 6. Cultural Resources Best Management Practices ........................................................................4-26 Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program iii Acronyms and Abbreviations BMP best management practice BP before present CCR California Code of Regulations CEQA California Environmental Quality Act CFR Code of Federal Regulations County Contra Costa County CRHR California Register of Historical Resources Department Contra Costa County Public Works Department District Contra Costa County Flood Control and Water Conservation District GIS geographic information system HCP Habitat Conservation Plan IS/MND initial study/mitigated negative declaration Manual Contra Costa County Routine Maintenance Manual MLD most likely descendent NAHC Native American Heritage Commission NCCP Natural Community Conservation Plan NHPA National Historic Preservation Act NRHP National Register of Historic Places NWIC Northwest Information Center PRC Public Resources Code Program or Proposed Program Contra Costa Routine Maintenance Program TCR tribal cultural resource USACE U.S. Army Corps of Engineers USC United States Code Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program iv This page intentionally left blank Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program ES-1 Executive Summary The Contra Costa County Flood Control and Water Conservation District (District) and Contra Costa County Public Works Department (Department)1 are preparing the Contra Costa County Routine Maintenance Manual (Manual) to describe and guide routine maintenance activities for implementation of the Contra Costa Routine Maintenance Program (Program or Proposed Program) for the District’s flood control channels and other facilities, including creeks, culverts, bridges, and basins throughout Contra Costa County (County), California. Maintenance activities generally involve removal of instream vegetation and sediment in channels where sediment accumulation reduces functional capacity, reduces flow conveyance, or increases the flood hazard and safety risk. Other maintenance activities include routine maintenance of minor facilities, including flap gates, sub-drain vaults, and trash racks; instream trash and debris removal; culvert repair and replacement; and vegetation management along County-maintained access roads, channel slopes, and basins. The Program also includes County roads maintained by the Department, and approximately 75 miles of flood control channels and facilities managed by the Department. This cultural resources assessment report supports the initial study/mitigated negative declaration (IS/MND) that is being prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970 (as amended) and the State CEQA Guidelines (14 California Code of Regulations [CCR] 15000 et seq.), and the obligations of Section 106 of the National Historic Preservation Act (NHPA) for federal U.S. Army Corps of Engineers (USACE) permits required to conduct the maintenance activities described in the Manual and IS/MND. The purpose of this cultural resources assessment report is to characterize the variety of cultural resources expected within the Program area and to identify areas within the District’s jurisdiction that are sensitive for the presence of cultural resources. The report also identifies the kinds of work activities that could impact cultural resources and provides best management practices (BMPs) and mitigation measures to avoid impacts to cultural resources. Furthermore, this document identifies the kinds of activities that would require application of BMPs established for the Program, or mitigation measures, as well as those activities that are exempt from the consideration of impacts. 1 Together, the District and the Department are referred to as the “County.” County also refers to Contra Costa County as a political construct; county refers to the geographic area of Contra Costa County. Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program 1-1 1 Introduction 1.1 Program Description The District was formed in 1951 to provide flood protection and water conservation to county residents. To carry out this mission, the District’s original responsibilities included planning and constructing major storm drainage facilities and collecting, analyzing, and reporting rainfall and storm runoff data. Over the years, the District has completed many flood control projects in Contra Costa County in support of this mission. The District owns most of the major storm drainage facilities in the county, including flood control channels, basins, and creeks. The District’s jurisdiction extends throughout the county, including some incorporated areas. In recent decades, the County’s mission has expanded beyond developing flood protection infrastructure to also include protecting natural resources in County-owned and managed channels, creeks, and other facilities. The Department provides several flood control services. The Department provides technical staffing to support the District and the Department’s Maintenance Division in maintaining County roads and rights-of-way, and approximately 75 miles of flood control channels and facilities in the county. The Manual serves as the primary planning and guidance document for the Program. The Program is designed to provide a more comprehensive and consistent approach to conducting routine maintenance activities at the County’s flood control channels and other facilities, including creeks, culverts, bridges, and basins. The objectives of the Program include: 1. Maintain the functional integrity and operational capacity of District flood control facilities and County roads. This includes maintaining existing flood control channels, creeks, culverts, bridges, dams, basins, and other facilities owned and managed by the County (e.g., access roads) to ensure that they perform their operational functions. Maintenance also involves managing vegetation along County-maintained access roads on channel slopes. 2. Provide flood protection to County properties and residents through the maintenance of District flood control facilities. This involves removing sediment in channels where sediment accumulation reduces functional capacity, reduces flow conveyance, or increases the flood hazard and safety risk. 3. Avoid and minimize potential impacts to the natural environment when conducting maintenance activities by incorporating detailed appraisals of habitat, species, and resource conditions while identifying maintenance needs and developing maintenance plans. 4. Protect the natural environment at District and County facilities. 5. Provide cost-effective service and value for citizen taxes and public funding. While the Program includes consistent approaches, the Program is envisioned to be flexible and subject to periodic updates to reflect improved understanding of resource conditions, maintenance technologies, and management practices over time. 1.1.1 Program Area and Action Area For the purposes of this report, the “Program area” refers to the locations where routine maintenance activities would occur, including all maintenance areas, staging areas, and access points. The “action Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program 1-2 area” refers to the geographic extent of environmental changes (i.e., the physical effects of the individual maintenance projects) that will result from the action. The vicinity of the Program area and facilities in the Program area are shown on Figures 1 and 2 respectively. Figure 2 also shows the anticipated maintenance locations in the western and central portions of the county (West County and Central County, respectively 2) that are expected to be addressed under the Program in the next 5-10 years. Note that Figure 2 does not represent the entirety of possible maintenance locations as it is impossible to anticipate all maintenance locations at the time of developing the Manual. Tiering Approach for Maintenance Activities Based on guidance from federal and state wildlife resource agencies, the County developed a three-tiered approach according to biological resource sensitivity at each maintenance site, with the goal of identifying potential effects to sensitive species and habitats, and thereby avoiding such effects when possible. The three tiers are: Tier 1 – No Impact, Tier 2 – Low Impact, and Tier 3 – Moderate/High Impact. The County used these tiering definitions to evaluate and screen potential maintenance activities that would be covered under the Program. The County’s overall approach to the Program is to only include routine maintenance activities that do not result in impacts to Endangered Species Act -listed or candidate species or their habitats (Tiers 1 and 2) in West and Central County. However, the East County region is within the limits of the East Contra Costa County Habitat Conservation Plan/ Natural Community Conservation Plan (HCP/NCCP), which provides take coverage for special-status species provided the HCP/NCCP protocols are followed. Thus, Tier 3 activities could be conducted in East County within the areas of HCP/NCCP coverage. These activities are covered under a separate USACE Regional General Permit (Permit No. SPK-2001-00147). Thus, prior to conducting Tier 3 activities in East County, the County would comply with the HCP/NCCP’s Regional General Permit conditions including its Section 106 requirements. 1.1.2 Mechanisms for Impacting Cultural Resources In general, maintenance activities that include ground-disturbance in areas outside previously engineered depths or extent, such as grading, excavation, or sediment removal, have the potential to impact the scientific and cultural value of a historic and prehistoric archaeological resource. Maintenance activities that entail minor surface disturbance or construction would likely result in negligible impacts to cultural resources; however, there is a potential that even minor levels of disturbance can result in impacts. In essence, as the intensity of construction impacts increases, the potential to impact cultural resources increases. The following provides more detailed descriptions of the maintenance activities typically conducted followed by a brief discussion of the potential for those activities to impact cultural resources. Due to the nature of the routine maintenance activities proposed (e.g., sediment and debris removal, vegetation management, and routine maintenance of existing infrastructure), no change in the physical condition or context of any historical architectural resource is anticipated. That is, no material alteration of the existing built environment is proposed for the purposes of the routine maintenance, nor are any introductions of new maintenance activities or changes in the physical setting proposed. Therefore, built environment resources are not considered in this Cultural Resources Assessment Report. 2 Maintenance program activities conducted within the boundaries of the East Contra Costa County HCP are covered under the HCP and its regulatory authorizations including USACE Regional General Permit No. SPK-2001-00147 and that permit’s Section 106 requirements. ´ 0 10 205 Miles\\H2O-SERVER\GIS_Server\_PROJECTS\14003_ContraCosta_SMP\mxd\Cultural Resources\Figure_1_vicinity.mxd PG 7/8/2019 Figure 1Project Vicinity Base Map So urces: Sources: Esri, HERE, Ga rmin, Intermap, inc reme nt P Corp., GE BCO, USGS, FAO, NPS, NRCAN, Geo Base , IGN, Kadaster NL, Ordnanc e Surv ey, E sri Jap an, METI, E sri China (Hong Kon g), swisstop o, © OpenStree tMap Contra Costa County Contra Costa County Routine Maintenance Program Cultural Resource Assessment LakeBerryessa Detail Area 123 4 6 5 12 1315 8 1421 20 191716 18 11 9 10 Flood Control Channels and Ditches Basins East Contra Costa Habitat Conservation Plan (HCP )* 0 5 102.5 Mile s Figu r e 2 Progra m Over view Contra Costa CountyRoutine M aintenan ce Pr o gra m Cultur al Res ource Assessment \\h2o-server\GIS_Server\_PROJECTS\14003_ContraCosta_SMP\mxd\Cultural Resources\Figure2_program_overview.mxd 7/30/2019 PGRoutine/FrequentMaintenance Location7 *Maintenance prog ram activities cond ucted within the boundaries of the Ea st Contra Co sta Cou nty HCP are covered under the HCP an d its regu latory authoriza tions including USACE Regiona l General Pe rmit No. SPK-20 01-00147 and that permit’s Section 106 require me nts. Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program 1-5 1.1.3 Maintenance Activities Descriptions Primary routine maintenance activities conducted by the County include limited sediment removal from channels and culverts; vegetation trimming and removal along and within channels; trash and debris removal; and culvert repair and replacement. Other minor activities include concrete channel repair, trash rack clearing, rodent control, dam site maintenance, small structure maintenance, graffiti removal, and fence and gate repair. Table 1 provides a summary of the proposed routine maintenance activities by facility type or feature. Table 1. Summary of Key Facility Types and Routine Maintenance Activities Maintenance Program Facility Type Maintenance Activity Potential to Impact Cultural Resources • Concrete Bed and Bank Channels • Concrete Bed and Riprap Bank Channels • Earthen Bed and Riprap Bank Channels • Earthen Bed with Concrete Bank Channels • Sediment removal • Trash and debris removal • Fallen and hazardous tree removal • Vegetation trimming and removal (channels with earthen bed) 1. Sediment removal has the potential to impact archaeological sites if excavation is conducted below the engineered depth of the channel (i.e., within native, undisturbed soils). 2. Debris and tree removal may cause impacts if conducted in areas beyond existing engineered depths or areas. 3. All other activities within the boundaries of an earthen or concrete channel would have a low potential to impact archaeological sites. • Earthen Bed and Bank Channels • Concrete Bed and Earthen Bank Channels • Sediment removal • Vegetation trimming and removal • Trash and debris removal • Fallen and hazardous tree removal or repositioning • Herbicide application • Mowing • Erosion protection 1. Sediment removal has the potential to impact archaeological sites if excavation is conducted below the engineered depth of the channel (i.e., within native, undisturbed soils). 2. Debris removal may cause impacts if ground disturbance is necessary and excavation is conducted below the engineered depth of the channel. 3. All other activities within the boundaries of an earthen or concrete channel would have a low potential to impact archaeological sites Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program 1-6 Maintenance Program Facility Type Maintenance Activity Potential to Impact Cultural Resources • Drainage culverts (typically those that route drainage from ditches/access roads to channels) • Culvert flushing and sediment removal • Culvert inspection and as- needed repair and replacement 1. Culvert repair, flushing, or sediment removal that does not expand existing capacity does not have the potential to impact archaeological sites. 2. Culvert replacement that expands beyond the existing capacity/footprint of an existing culvert has the potential to impact archaeological sites. • Box Culverts (typically at road/bridge crossings) • Sediment removal 1. Box culvert sediment removal does not have the potential to impact archaeological sites. • Sediment Basins • Sediment removal • Vegetation trimming and removal • Trash and debris removal • Fallen and hazardous tree removal • Herbicide application • Mowing • Livestock grazing 1. Sediment removal has the potential to impact archaeological sites if excavation is beyond engineered depths or extent; debris removal may cause impacts if ground disturbance is necessary below engineered depth. 2. Vegetation removal would not likely impact cultural resources, but the tree and vegetation management activities described, where excavation equipment is used to uproot trees and vegetation, would have the potential to impact archaeological resources. 3. All other activities would have a low potential to impact archaeological sites. Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program 1-7 Maintenance Program Facility Type Maintenance Activity Potential to Impact Cultural Resources • Channel Access Roads and Ramps • Grading and gravel replenishment • Trash and debris removal • Fallen and hazardous tree removal • Mowing • Livestock grazing • Herbicide application 1. Grading in native soils would have the potential to impact archaeological sites; previously graded areas for gravel replenishment would have a low potential 2. Tree removal, where excavation machinery is used to uproot trees or vegetation, would have the potential to impact archaeological resources. 3. All other activities would have a low potential impact to archaeological sites. • Minor Facilities • Sediment removal around storm drain outlets, trash racks, and water diversion inlets • Spalled concrete repair • Flap gate maintenance and repair • Subdrain service maintenance • Repair damage from burrowing animals on dams and levees • Trash rack maintenance • Graffiti removal 1. Storm drain sediment removal and other activities described here that do not expand existing capacity do not have the potential to impact archaeological sites. • 1.2 Regulatory Setting 1.2.1 State of California Regulations CEQA and State CEQA Guidelines The Proposed Program seeks to comply with CEQA (Public Resources Code [PRC] 21000 et seq.) and the CEQA Guidelines (CCR, Title 14, Chapter 3), which determine, in part, whether the Project has a significant effect on a unique archaeological resource (per PRC 21083.2) or a historical resource (per PRC 21084.1).CEQA Guidelines CCR 15064.5 notes that “a project with an effect that may cause a substantial adverse change in the significance of a historical resource is a project that may have a significant effect on the environment.” Lead agencies are required to identify potentially feasible measures or alternatives to avoid or mitigate significant adverse changes in the significance of a Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program 1-8 historical resource before such projects are approved. According to the CEQA guidelines, historical resources are: • Listed in, or determined to be eligible for listing in, the [California Register of Historical Resources] CRHR (per PRC 5024.1(k)); • Included in a local register of historical resources (per PRC 5020.1) or identified as significant in a historical resource survey meeting the requirements of PRC 5024.1(g); or • Determined by a lead state agency to be historically significant. CEQA Guidelines CCR 15064.5 also applies to unique archaeological resources as defined in PRC 21084.1. Assembly Bill 52, which went into effect on July 1, 2015, requires, per PRC 21080.3.1, that CEQA lead agencies consult with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of a proposed project, if so requested by the tribe, and if the agency intends to release a negative declaration, mitigated negative declaration, or environmental impact report for a project. The bill also specifies, under PRC 21084.2, that a project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource (TCR) is considered a project that may have a significant effect on the environment. This latter language is scheduled to be added to the CEQA checklist in the near future. As defined in Section 21074(a) of the PRC, TCRs are: (1) Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are either of the following: a. Included or determined to be eligible for inclusion in the CRHR; or b. Included in a local register of historical resources as defined in subdivision (k) of Section 5020.1. (2) 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 Section 5024.1. In applying the criteria set forth in subdivision (c) of Section 5024.1 for the purposes of this paragraph, the lead agency shall consider the significance of the resource to a California Native American tribe. TCRs are further defined under Section 21074(b) and (c) as follows: (b) A cultural landscape that meets the criteria of subdivision (a) is a TCR to the extent that the landscape is geographically defined in terms of the size and scope of the landscape; and (c) A historical resource described in Section 21084.1, a unique archaeological resource as defined in subdivision (g) of Section 21083.2, or a “nonunique archaeological resource” as defined in subdivision (h) of Section 21083.2 may also be a tribal cultural resource if it conforms to the criteria of subdivision (a). Mitigation measures for TCRs must be developed in consultation with the affected California Native American tribe pursuant to the newly chaptered Section 21080.3.2 or according to Section 21084.3. Section 21084.3 identifies mitigation measures that include avoidance and preservation of TCRs and treating TCRs with culturally appropriate dignity, taking into account the tribal cultural values and meaning of the resource. Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program 1-9 California Register of Historical Resources PRC Section 5024.1 establishes the CRHR. This register lists all California properties considered to be significant historical resources. The CRHR includes all properties listed, or determined to be eligible for listing, in the National Register of Historic Places (NRHP), including properties evaluated under Section 106 of the NHPA. The criteria for listing are similar to those of the NRHP. Criteria for listing in the CRHR include resources that: (1) Are associated with the events that have made a significant contribution to the broad patterns of California’s history and cultural heritage; (2) Are associated with the lives of persons important in our past; (3) Embody the distinctive characteristics of a type, period, region, or method of construction, or represent the work of an important creative individual, or possess high artistic values; or (4) Have yielded, or may be likely to yield, information important in prehistory or history. The regulations set forth the criteria for eligibility as well as guidelines for assessing historical integrity and resources that have special considerations. 1.2.2 Federal Regulations The County will be seeking a Regional General Permit from the USACE for the proposed Program. As a result, the Program, and by extension the various projects under the Program, constitutes a federal undertaking as defined by Title 54 United States Code (USC) Section 300101 of the NHPA and mandates compliance with 54 USC Section 306108, commonly known as Section 106 of the NHPA, and its implementing regulations found under Title 36 of the Code of Federal Regulations (CFR) Section 800, as amended in 2001. To comply with Section 106 of the NHPA, the project proponent must “take into account the effect of the undertaking on any district, site, building, structure, or object that is included in or eligible for inclusion in the National Register.” The implementing regulations of the NHPA require that cultural resources be evaluated for eligibility to the NRHP if they cannot be avoided by an undertaking (proposed project). To determine site significance through application of NRHP criteria, several levels of potential significance that reflect different (although not necessarily mutually exclusive) values must be considered. As provided in Title 36 CFR Section 60.4, “the quality of significance in American history, architecture, archaeology, and culture is present in districts, sites, buildings, structures, and objects that possess integrity of location, design, setting, materials, workmanship, feeling, and association” and must be considered within the historic context. Resources must also be at least 50 years old, except in rare cases, and, to meet eligibility criteria of the NRHP, must: (A) Be associated with events that have made a significant contribution to the broad patterns of our history; or (B) Be associated with the lives of persons significant in our past; or (C) Embody the distinctive characteristics of a type, period, or method of construction, or that represent the work of a master, or that possess high artistic values, or that represent a significant and distinguishable entity whose components may lack individual distinction; or (D) Have yielded, or may be likely to yield, information important in prehistory or history. Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program 1-10 For archaeological sites evaluated under Criterion (D), integrity requires that the site remain sufficiently intact to convey information necessary to address specific important research questions. Cultural resources also may be considered separately under the National Environmental Protection Act per Title 42 USC Sections 4321 through 4327. These sections require federal agencies to consider potential environmental impacts and appropriate mitigation measures for projects with federal involvement. 1.3 Program Area of Potential Effects The footprint for any maintenance site will vary considerably depending on the type of maintenance activity to be conducted by the County. The County will evaluate the potential for disturbing cultural resources following the protocols outlined in the Manual and described in Section 4.2, Best Management Practices, of this report for identifying and protecting cultural resources. Some of the projects, or undertakings, under the Program will fall under a Regional General Permit from the USACE. These projects will primarily be associated with in-stream maintenance activities, from vegetation removal to culvert replacement or repair. When there is a federal nexus to a maintenance project, the project will require delineation of an area of potential effects, in compliance with the implementing regulations found under 36 CFR 800 for Section 106 of the NHPA. For the purposes of this Program, the area of potential effect for projects with a federal nexus will include the affected stream channel under the Program’s jurisdiction (i.e., those channel segments identified in Figure 2) and a 50-foot buffer. Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program 2-11 2 Project Context 2.1 Environmental Context Contra Costa County is characterized by a wide variety of environments and topography. Two northwest trending mountain ranges (i.e., the Diablo Range and East Bay Hills) dominate the central and eastern portions of the county, while the western and northern margins border the San Francisco Bay and Carquinez Straight, that is characterized by estuarine and bay tidally influenced habitats. The interior of the county and the eastern ranges, and their associated ridgelines and valleys, vary from oak woodland and grassland habitats to the flat San Joaquin Valley at the extreme eastern edge of the county. Prehistoric Archaeological Context While the interior of the county was exploited for resources and settlement, the natural marshland biotic communities along the edges of bays and channels were the principal source for subsistence and other activities from the middle Holocene until the contact period in the San Francisco Bay region. Efforts to reconstruct prehistoric times into broad cultural stages, e.g., Early Period, Middle Period, allows researchers to describe a wide number of sites with similar cultural patterns and components during a given period of time, thereby creating a regional chronology. Many of the original surveys of archaeological sites in the Bay region were conducted between 1906 and 1908 by N.C. Nelson and yielded the initial documentation of nearly 425 “earth mounds and shell heaps” along the littoral zone of the Bay (Nelson 1909). From these beginnings, the most no sites in the Bay region were excavated scientifically, like the Emeryville shellmound (ALA-309), the Ellis Landing Site (CCO-295) in Richmond, and the Fernandez Site (CC0-259) in Rodeo Valley (Morrato 1984). These dense midden sites are vast accumulations of domestic debris, which have been carbon 14 dated to be 2310 +/- 220 years old (i.e., ALA-309), but other evidence from around the Bay suggests that human occupation in the region is of greater antiquity, dating to approximately 6950 years Before Present (BP) (Jones 1992). While many interpretations exist as to the function of the shellmounds, much of the evidence suggests that they served as sociopolitical landmarks on the cultural landscape and may have served as ceremonial features as well. Early urbanization of the Bay Area and massive amounts of filling along the bay shores has, in many cases, destroyed or at least obscured the archaeological record. Indeed, much of the subsequent excavation work done after Nelson’s (1909) investigations have been salvage operations resulting from development. Some of the evidence for the earliest human occupation of the area is represented by what are commonly referred to as the Civic Center BART and Sunnyvale skeletons, dated to 5000 years ago, discovered during the development of the BART system and other transportation projects in the early 1970s (Moratto 1984). Despite the antiquity of these skeletal remains, it is likely sea-level changes and post-Gold Rush sedimentation have obscured older archaeological materials. For example, recent evidence indicates that the lowest level strata of several of the oldest bay mounds are now 20 feet below sea level, while virtually all other major estuarine environments along the California coast have yielded significant archaeological materials older than 5000 years (Broughton 1999; Jones 1992). Therefore, while the earliest known bay shore mounds are dated to 3800 years ago, it is difficult to generalize about the time frame of these settlements from these samples because the samples are from shellmounds only above the current bay water level—evidence of older occupation of the Bay Area is likely buried underwater from periods when the sea level was much lower. In addition, the majority of the earliest Bay Area sites are well inland along inland lakes and Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program 2-12 estuaries (e.g., Jones, 1991). Perhaps for this reason, the Early Period (ca. 4950–2450 BP) is generally characterized as having less emphasis on shellfish than the later midden sites and instead was focused on hunting and vegetal food processing, or terrestrial subsistence. The Early Period or the so-called “Berkeley Pattern” is characterized by almost exclusive use of cobble mortars and pestles, which is often associated with a heavy reliance on acorns in the economy (Moratto 1984). Such unusually intensive reliance on one foodstuff indicates that a shift away from the earlier reliance on a broad spectrum of dietary sources to supply demand was needed by around 1,000 BP. The Late Pleistocene/Early Holocene profusion of food availability along lakeshores and estuaries likely led to an overexploitation of the resources, which led, initially, to population increases, that may, in turn, explicate the shift toward exploiting a readily available, yet lower ranked resource like acorns or seeds (Jones 1991). Nevertheless, given the burgeoning size of Early Period settlements, it is probable that the populations started to become denser and more sedentary, while still continuing to exploit a diverse resource base—from woodland to grassland and marshland to bay shore resources throughout the San Francisco Bay Area (King 1974). Many of the Berkeley traits diffused throughout the region and spread to the interior areas of central California during this time period. The population increases and larger, more complex settlements that began in the late-Early Period typify the Middle Period (ca. 1450–950 BP), which is sometimes referred to as the “golden age” of shellmound communities (Arnold et al. 2004). The sociopolitical landscape also appears to become more elaborate with clear differentiations in wealth and evidence of aggrandizing. During the Late Period (ca. 950–250 BP), however, new sites start to decline in the record and the large shellmounds were abandoned. The Late Period also showed population declines and concomitant changes in resource use—likely due to human-caused depletions in some terrestrial food sources during the Middle Period (Broughton 1994). Broughton (1997; 1999) determined that vertebrate fauna discovered in the Emeryville shellmound showed clear changes in the Middle Period from preferred terrestrial species to expensive (or less efficiently pursued prey per unit of energy) marine mammals, and significant changes in body size in both terrestrial and marine animals, which suggests overexploitation. 2.2 Ethnographic Context The Program area is located within the ethnographically derived boundaries of three cultural groups: The Carquins, members of the Ohlone of the Costanoan linguistic group, resided on the western, Bay side of the county, while the Bay Miwok lived in the northeast Program area, and the Northern Valley Yokuts resided in the southeast section of the Program area (Milliken et al. 2009). Ohlone Prior to Euro-American contact, the geographic area on the eastern San Francisco Bay, including Contra Costa and Alameda counties, was occupied by the Ohlone (also known by their linguistic group, Costanoan). Politically, the Ohlone were organized into groups called tribelets. A tribelet constituted a sovereign entity that held a defined territory and exercised control over its resources. It was also a unit of linguistic and ethnic differentiation. A prominent triblet/group of Oholoe in the county was known as Huchiun, which represented the western edge of the county along the bay margins of present Richmond area (Milliken et al. 2009). The Ohlone economy was based on fishing, gathering, and hunting, with the land and waters providing a diversity of resources, including acorns, various seeds, salmon, deer, rabbits, insects, and quail. The acorn was the most important dietary staple of the Oholone, and the acorns were ground Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program 2-13 to produce a meal that was leached to remove the bitter tannin. The Ohlone crafted tule balsa, basketry, lithics (stone tools) such as mortars and metates (a mortar-like flat bowl used for grinding grain), and household utensils. The Ohlone, like many other Native American groups in the Bay Area, likely lived in conical tule thatch houses. In 1770, the Costanoan-speaking people lived in approximately 50 separate and politically autonomous nations or tribelets throughout the Bay Area. Tribelet territory had a range of 10 to 12 miles in diameter, and contained a population that consisted of 200 to 400 people living among four or five villages (Milliken et al. 2009:99). Those living in the Program area resided in large villages along permanent streams in locations that allowed access to the diverse resources found in the tidal marshlands, the valley floor, and the hills. (Milliken et al. 2009:106; Moratto 1984:225). Bay Miwok The “Miwok” (alternatively known as the “Miwuk”) refer to the people that occupied a vast region of central and northern California, from the Pacific Coast, east through the Sacramento-San Joaquin Delta, and south in the Sierra Nevada. There are six sub-groups of Miwok in Northern California; two of them are the “Coast Miwok” and the “Eastern Miwok”, which include the Bay Miwok, the Plains Miwok, the Northern Sierra Miwok, the Central Sierra Miwok, and the Southern Sierra Miwok. As with other tribes of the region, the principal political unit of the Bay Miwok was the tribelet. According to Levy (1978:398), “each tribelet was an independent and sovereign nation that embraced a defined and bounded territory exercising control over the natural resources contained therein.” Each tribelet consisted of several semi-permanent inhabited settlements and a larger number of annually inhabited seasonal campsites. The largest Bay Miwok tribelet/group in present-day Contra Costa County was called the Saclan, which represented the central portion of the county near present Lafayette area (Milliken et al. 2009). Lineage was an important political element to Miwok society. Lineages were named specifically for their locality, and in most cases, a lineage was a permanent element of a tribelet. The population of the Southern Sierra Miwok settlements averaged 25 individuals. Trade occurred throughout the region, with the Southern Sierra Miwok trading salt and obsidian from the Great Basin to the east to the Plains Miwok in the west, and to the Northern Valley Yokuts to the south. Northern Valley Yokuts Ethnographically, the Northern Valley Yokuts occupied the Central Valley from north of present-day Stockton and to the south on either side of the San Joaquin River from the Delta to south of Mendota. The southeast area of Contra Costa County in the Diablo range probably marked the Yokuts' western boundary while the eastern edge would have lain along the Sierra Nevada foothills (Wallace 1978). Yokuts occupation of the northern parts of their range may be relatively recent, as linguistic evidence points toward an earlier Miwok occupation. The Yokuts gradually expanded their range northward and clearly occupied the area during the Spanish Colonial period, as evidenced by mixed historic and prehistoric artifact assemblages. The late prehistoric Yokuts may have been the largest ethnic group in pre-contact California. The triblet, populated by a few hundred to a few thousand occupants, served as the basic political unit (Moratto 1984). Structures ranged from single-family dwellings to multifamily communal structures and included sweathouses and ceremonial lodges. Euroamerican contact with the Northern Valley Yokuts began with infrequent excursions by Spanish explorers traveling through the Sacramento San Joaquin Valley in the late 1700s to early 1800s. Many Yokuts were lured or captured by missionaries and scattered among the various missions. Many escaped and returned to the valley. Yokuts raiding parties targeting the Spanish (and later Mexican) cattle herds became prevalent, leading to Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program 2-14 retaliatory action by the settlers. The malaria epidemic of 1833 decimated the Yokuts population, killing thousands of the tribesmen. The influx of Europeans during the Gold Rush era further reduced the population through disease and violent relations with the miners. Although there was no gold within the Yokuts territory, miners passing through on their way to the diggings caused a certain amount of upheaval. During the Mission Period (1770–1835), native populations, especially along the California coast, where brought—usually by force—to the missions established by the Spanish missionaries to provide labor. The missionization caused the Costanoan—as well as many other adjacent tribes—to experience cataclysmic changes in almost all areas of their life, including a massive decline in population due to introduced diseases and declining birth rate. Following the secularization of the missions by the Mexican government in the 1830s, most Native Americans gradually left the missions to work as manual laborers on the ranchos that were established in the surrounding areas. The Ohlone of the south and east San Francisco Bay area were among the first in the region to feel the impact created by the arrival of the Spanish. Mission Santa Clara in the town of Santa Clara, was established in 1777, just seven months after the founding of Mission Dolores in San Francisco. This was followed by the pueblo at San Jose (El Pueblo San Jose de Guadalupe) shortly thereafter (Kyle, et al. 2002:423-424). Between 1770 and 1840, Mission Santa Clara alone brought in over 4,000 Ohlone and over 1,100 Yokuts speakers for baptism (Milliken et al. 2009). Bay Miwok speakers, on the other hand, represented 16 percent of the population at Mission Dolores in 1800. In subsequent years many more would migrate to the Mission, so that by the end of 1805 they rose to 20 percent of the population (Milliken et al. 2009). 2.3 Historic-Era Context The historic period of California began with Spanish exploration of the Pacific Coast during the I6th century, namely a brief visit by Juan Cabrillo in 1542. During the following two centuries, explorations of the California coast were conducted by the Spanish, English, and Russians. In particular, between 1769 and 1776, the frequency of Spanish explorations of San Francisco Bay-Delta Area increased, with an expedition almost every year, often staged from Monterey where the Presidio and Mission San Carlos Borromeo were founded in 1770 (Milliken et al. 2009). These expeditions began with José de Ortega’s discovery of the entrance to the Golden Gate (under command of Gaspar de Portolá) in 1769. Spanish political and military control of the central California coastal region began with the founding of the missions in Monterey in 1770 and San Francisco in 1776. The Mission Dolores in San Francisco recruited widely from Ohlone, Coast Miwok, Bay Miwok, Wappo, and other communities in the larger geographic region surrounding the San Francisco Bay. Another prominent mission, Mission San Jose, in present-day Fremont, was established in 1797. It was located at the Alson Ohlone village of Oroysom (Milliken et al. 2009:147). This Mission, along with Mission Santa Clara further south, recruited not only Ohlone and Plains Miwok, but many Yokut-speakers from the San Joaquin River area. Indeed, by the end of 1822 over 50 percent of the population at the Mission San Jose was Yokut (Milliken et al. 2009: 149). It was Spanish colonial policy throughout the late 1700s and early 1800s to establish outposts in all lands claimed by Spain. Their establishment resulted in immediate and well-documented negative impacts to lives and traditional lifeways. In time, the widespread development of the Mission system were joined by a road known as "EI Camino Real", stretching from San Diego to the San Francisco Bay area. Settlements grew slowly during this period, as little contact existed between Mexico and Alta California. American interest in the Pacific Coast grew during tile early 19th century, and the Oregon Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program 2-15 territory north of the present California-Oregon border was claimed by the United States in a treaty with Spain in 1819. While little changed in ranchero life, the Mexican War of Independence in 1822 resulted in the secularization of the missions with the re-distribution of their lands and a new system of land grants under the Mexican Federal Law of 1824. As many as 500 land claims were made during this time, many of which became known as "ranchos" (Kyle et al. 2002). Mission lands extended throughout the Bay Area, including portions of Contra Costa County. Between 1836 and 1846, during the era when California was a province of independent Mexico, the following 15 land grants were made in Contra Costa County (UC Berkeley Library 2019) (Table 2). Table 2. Mexican Land Grants in Contra Costa County Grant Number Name Patentee Patent Date Acres 124 Acalanes Brown 5/18/1858 3,329 115 Arroyo de las Nueces y Bolbones Pacheco 04/18/1866 17,782 125 Boca de la Canada de Pinole Valencia 11/30/1879 13,316 114 Canada del Hambre Las Bolsas Soto 12/31/1866 13,354 109 Canada de los Vaqueros Alameda 11/22/1889 17,760 123 Laguna de los Palos Colorados Moraga 08/10/1878 13,316 113 Juntas, Las Welch 07/22/1870 13,293 111 Medanos, Los Stevenson 10/08/1872 8,859 110 Meganos, Los Marsh 08/19/1867 13,316 112 Monte del Diablo Pacheco 03/19/1859 17,922 126 Pinole, El Richardson 08/22/1868 17,761 127 San Pablo Castro 01/31/1873 17,939 118 San Ramon Amador 03/18/1865 16,517 116 San Ramon Carpentier 04/07/1866 8,917 117 San Ramon Norris 07/03/1882 4,451 550 Sobrante, El Castro 08/11/1883 20,565 Many of these early ranchos and their owners established the foundations for the economic and cultural changes that would come throughout the 19th century. By 1848, with the signing of the Treaty of Guadalupe Hidalgo and the ceding of California from Mexico to the United States, followed by the Gold Rush, California quickly transitioned from a sparsely populated, Mission-dominated region, to a wealthy and productive state. Indeed, many individual stories of the early ranchos developed into thriving centers of commerce and development following statehood in California. For example, Ygnacio Martinez, for whom the City of Martinez is named, was born in Mexico City in 1774, and entered military service in 1799 in Santa Barbara (Martinez Historical Society 2019). In 1823, in recognition of his military service, Martinez was given possessory rights to the 17,000-acre Rancho el Pinole, which encompasses the entire Alhambra Valley and most of the downtown Martinez area. Martinez was the first town of the District of Contra Costa, and in 1851 became the County seat as the State legislature organized California’s vast landscape into 27 counties. As empty-handed gold seekers returned from their quest for instant wealth, they settled in areas, such as Martinez, that had appealed to them during their rush to the gold fields. In turn, these new residents encouraged emigration from their home regions Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program 2-16 as they wrote family and friends and described the compelling, agriculturally-productive landscape of Contra Costa County. Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program 3-17 3 Native American Consultation and Archival Research 3.1 Native American Consultation As discussed in Section 1.2.1, State of California Regulations, CEQA and State CEQA Guidelines, the lead CEQA agency (i.e., the County) is required to notify Native American tribes with a traditional and cultural affiliation with the Program, which, in this case, is preparation of the Manual, pursuant to PRC 21080.3.1. The Assembly Bill 52 consultation for the CEQA process associated with the Program is addressed separately in the forthcoming CEQA documentation. However, as part of a good-faith effort to inform the local tribes of on-going activities conducted by the County, the County contacted the Native American Heritage Commission (NAHC) on April 25, 2018, for a list of tribes with a traditional and cultural affiliation with Contra Costa County. The NAHC responded on April 26, 2019, with a list of seven tribes affiliated with the county. The County subsequently sent project notification letters, via certified return receipt, to all of the tribes listed on March 30, 2018 (see Table 3). All correspondence between the County, the NAHC, and notified tribes is presented in Appendix A. The County has not received any responses from the tribes contacted, to date. Table 3. Native American Correspondence Tribe Name Address Notification Letter Mailed Letter Receipt Date Amah Mutsun Tribal Band Valentin Lopez, Chairperson Galt, CA 95632 May 7, 2019 May 10, 2019 Amah Mutsun Tribal Band of Mission San Juan Bautista Irenne Zwierlein, Chairperson Woodside, CA 94062 May 7, 2019 May 13, 2019 Indian Canyon Mutsun Band of Costanoan Ann Marie Sayers, Chairperson Hollister, CA 95024 May 7, 2019 May 17, 2019 Muwekma Ohlone Indian Tribe of the San Francisco Bay Area Charlene Nijmeh Chairperson Castro Valley, CA May 7, 2019 May 10, 2019 ? (no date on receipt) North Valley Yokuts Tribe Katherine Erolinda Perez, Chairperson Linden, CA May 7, 2019 May 9, 2019 Ohlone Indian Tribe Andrew Galvin Fremont, CA 94539 May 7, 2019 May 13, 2019 Wilton Rancheria Raymond Hitchcock, Chairperson Elk Grove, CA 95624 May 7, 2019 May 9, 2019 3.2 Archival Research and Cultural Resources Sensitivity A records search of the Program area and maintenance reaches was conducted at the Northwest Information Center (NWIC) of the California Historical Resources Information System at Sonoma State University in September 2018 (NWIC File No. 18-0644) (Appendix B). The purpose of the record search was to provide baseline information about the number of recorded cultural resources within the Program area in order to ascertain the general sensitivity of the region for cultural resources. The existing channels and basins within the County’s purview were used, along with a Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program 3-18 200-foot buffer, to select and obtain cultural resource geographic data 3. A total of 63 previously recorded cultural resources were returned in the results (see Table 4). The information has largely been derived from study results filed at the NWIC and is not necessarily a comprehensive reflection of all cultural resources work conducted in the county. Data were also accumulated from historic-period maps and literature for the county. It is important to note that a vast majority of the waterways included in the Program area have not been completely surveyed for archaeological resources. Table 4. Previously Identified Cultural Resource Types within 200 feet of Channels and Basins Cultural Resource Type Age Historic Prehistoric Prehistoric, Historic Prehistoric, Protohistoric, Historic Grand Total Building, Site 2 1 3 Building, Structure 1 1 Building, Structure, Site 2 2 4 Site 7 30 2 39 Site, Element of district 5 5 Site, Other 2 2 Structure 9 9 Grand Total 21 37 4 1 63 Source: Northwest Information Center, Sonoma State University File No.18-0644; See Appendix B for a map of the recorded resources. 3.3 Cultural Resource Types The information presented in Chapter 2, Project Context, and Section 3.2, Archival Research and Cultural Resources Sensitivity, indicates that there is a high potential for the presence of cultural resources, both Native American and historic era, within the Program area. Sites are most likely to occur in valley settings along drainages, at the interface between valleys and hills, along ridgetops and on mid-slope terraces, and in areas near San Francisco Bay. The following sections describe the kinds of cultural resources that are likely to be present within the Program area. 3.3.1 Native American Site Types A total of 37 prehistoric and 5 prehistoric/historic sites have been identified in the Program area within 200 feet of a channel or basin (see Table 4)—mainly distributed along the bay shore and uplands. Sites that represent the Native American prehistoric and ethnographic periods would include the remains of village life and subsistence practices. Major occupation sites would most likely be located in valleys, or along areas where streams meet the shore, where perennial fresh water sources are available. Village sites might contain darkened, organic-rich soils referred to as midden, as well as depressions that reflect the locations of circular residential houses or, more rarely, larger dance houses used for ceremonial purposes. Satellite villages may be situated in close proximity to 3 For the purposes of this assessment, only geographic location data and simplified data tables of the resources were obtained. Full details on the individual resources and their status as historical resources was not reviewed and would be necessary if specific projects within the Program may impact these resources. Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program 3-19 primary occupation sites. Seasonal campsites may also contain midden soils, but would likely be located on flats or swales in the surrounding hills; again, proximity to water would be important. Bedrock mortars, used to grind acorns, or bedrock milling stones, used to grind seeds, are also generally found close to water sources. These features may be found in conjunction with village or campsites, or they may be isolated in areas where there is (was) an abundance of acorns or seeds. Human burials, including cremations, could be expected at occupation sites. Some of the most prominent archaeological sites in the Bay Area are located within Contra Costa County, namely clustering near the bay along Wildcat Creek in North Richmond (Ellis Landing site, CCO-295) and on Baxter Creek within Richmond (Stege Mound, CCO-298).These sites represented large middens with burials, similar to the Emeryville Shellmound, as well as other shellmound sites throughout the Bay Area, that were occupied for many thousands of years. Indeed, the Ellis Landing and Stege Mound were occupied between 2700 and 650 BP, while the Ellis Landing site was occupied from 1100 to 250 BP (Byrd et al. 2017). 3.3.2 Historic Era Site Types A total of 21 historic and 5 prehistoric/historic sites have been previously identified within 200 feet of a channel or basin within the Program area. Historic era sites in the Program region would span the time from the arrival of the Spanish in the Bay Area and the rapid settlement of the Contra Costa Valley by recipients of land grants in the early 1800s, to modern historic times. All of the ranchos contained viable sources of waters in the form of the Contra Costa River or other perennial streams, thus it would be expected that the remains of early historic occupation would be in close proximity to areas that could be affected by the Program. Sites and features from the rancho period would include the remains of homes, including adobes, barns, tank houses, and other ancillary structures associated with farming and ranching (e.g., carriage houses, storage sheds). Refuse from these habitations could also be expected and, as continued into the 20th century, drainages were often the recipient of people’s garbage. Gristmills and sawmills required water for operation, thus remains of these sorts would be located near viable water sources throughout the Program area. 3.3.3 Archaeological Site Potential Model In an effort to determine areas within the Program area that may possess sensitivity for archaeological resources, a predictive model was developed using a geographic information system (GIS). The fundamental concept surrounding predictive models is to project known patterns or relationships into unknown areas. In the case of archaeological predictive modeling, the primary assumption is that archaeological sites tend to recur in areas favorable to human settlement. The model utilizes those environmental characteristics of places where sites do or do not occur and allows for the extrapolation from small areas to broader geographic areas. Previous research by Meyer (2013) has indicated that among the multiple environmental conditions that may predict prehistoric human settlement or activity in central and northern California, three environmental factors—distance to water, slope, and distance to where a stream met the historical shoreline (or confluence) —were identified as predicting the majority of site locations. Slope For the purposes of this analysis, an elevation model (Digital Elevation Model) of Contra Costa County was used to develop a surface that was reclassified to slope percentage. All spatial analyses were carried out using ESRI ArcMap 10.6 and the Spatial Analyst extension. All GIS datasets were saved as standard ESRI grids, shapefiles, or personal geodatabases. Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program 3-20 Hydrography The streams dataset was derived from the National Hydrography Database and was clipped to the Contra Costa County boundaries. The confluences were derived from intersect points within the stream dataset and the historic boundaries of the San Francisco Bay shoreline (SFEI 1998). These areas of confluence were the focus given the primacy of these areas for resource procurement, as opposed to all other possible confluence points across the landscape. Surface Site Potential Model Based on the weighted model of environmental criteria described above, a map depicting the potential for surface archaeological sites was developed 4. Surface site potential was calculated using the relative contribution, or weighted value, of each environmental theme (score) for every 10-x-10-meter grid cell across the entire study area. The distance to water factor was weighted higher than the other factors because it proved to have the greatest positive and negative correlation with known site locations. The relative contribution of the factors of slope, and distance to confluence were found to be nearly equal, and were weighted accordingly. Table 5 lists the model criteria classes as well as the weight for each class. Adding the appropriate weight for each layer determined the overall sensitivity score for each pixel, in this case a scale of 1 to 5, where the lower score indicates a lower potential for surface archaeological sites to occur. Figure 3 presents a surface sensitivity mapping for archaeological sites in the study area. While the surface site model itself does not alter the “geologic potential” of a landform to contain buried sites, it does provide a rationale to better distinguish areas with the highest buried site potential from those with lower potential, even across the same landform. Table 5. Surface Model Weights by Environmental Condition Environmental Condition Scores Slope (%) (20 % weight) >20 15 to 20 10 to 15 10 to 5 0 to 5 Distance to Streams (feet) (60% weight) >1,200 600 to 1,200 300 to 600 150 to 300 0 to 150 Distance to Confluence at historical shoreline zone (feet) (20% weight) >1,200 600 to 1,200 300 to 600 150 to 300 0 to 150 Scale Value 1 2 3 4 5 Buried Site Potential To develop a map of buried site potential, the geologic ages of landforms were mapped based on methods outlined in Meyer and Rosenthal (2007). The basis for identifying buried site potential is predicated on two assumptions: (1) archaeological deposits cannot be buried within landforms that developed prior to human colonization of North America; and (2) older surface landforms are less 4 In this instance, the surface is considered either currently developed, urbanized land or undeveloped areas. The model is derived from landscape features, such as slope and watercourses, without consideration for whether the area is currently developed or urbanized. This more closely reflects the landscape as it would have existed during the time of prehistoric and historic occupation. Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program 3-21 likely to contain buried deposits because human occupation on these landforms was shorter, and the populations were smaller and less dense during periods of greater antiquity. Figure 4 depicts the age of landforms; in this case the Holocene (11,700 BP to the present) period being the highest to potentially contain buried deposits and Pleistocene (2.5 Million Years BP to 11,700 BP) landforms having lower to the lowest potential for buried deposits. The remaining area is underlain by much older landforms that would have no potential for buried archaeological deposits. Floo d C ontro l Channe ls and D itche s Ba sin s Historical (p re-1 850) Ba y Bo undary 0 5 102.5 Mile s I Figu r e 3 Contra Costa CountyMaintenance Ar eas Ove r viewArchaeological Sit e Potentia l \\H2O-SERVER\GIS_Server\_PROJECTS\14003_ContraCosta_SMP\mxd\Cultural Resources\Figure_3_SMP_surface_site_potential.mxd 7/5/2019 PGSurface Site Potential Lo west Lo w Moder ate High Highe st Flood Control Channels and Ditches Basins Historical (pre-1850) Bay Boundary 0 5 102.5 Mile s I Figu r e 4 Contra Costa CountyMaintenance Ar eas Ove r viewBuried Ar chae olog ica l Sit e Poten tial \\H2O-SERVER\GIS_Server\_PROJECTS\14003_ContraCosta_SMP\mxd\Cultural Resources\Figure_4_SMP_buried_site_potential.mxd 7/5/2019 PGBuried Site Potential (Age) Pleistocen e-Holoce n e (H igh ) Pleistocen e (Lo w) >Pl ei stocene (Lowe st) Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program 4-24 4 Cultural Resources Best Management Practices 4.1 Potential Impacts to Cultural Resources The activities described in Section 1.1.3, Maintenance Activities Descriptions, include a number of ground-disturbing maintenance activities that could potentially impact archaeological resources. Ground-disturbing activities that could impact cultural resources include, but are not limited to: •Culvert replacement with larger capacity culvert that requires excavation beyond existing engineered extent or depths. •Sediment removal that requires excavation outside or deeper than existing engineered extent or depths. •Channel access grading that requires excavation beyond existing engineered extent or depths.It is equally important to note that some maintenance activities do not have the potential to impact cultural resources. These activities include, but are not limited to: Concrete Channel Maintenance. These activities are limited to minor patching and repair of concrete channel walls and beds. Vegetation Management. These activities include mowing, trimming and pruning of trees and shrubs, removing or repositioning downed trees, applying herbicides, grazing, and removal of invasive plants. Substantial vegetation clearing where mechanical means are necessary to remove vegetation could result in disturbance of native ground which would likely have a higher potential to impact archaeological resources. Debris and Trash Removal. This activity involves removing non-sedimentary materials that are deposited in channels and would not result in any ground-disturbing activities. Other Minor Activities. These activities include trash rack maintenance, rodent control, dam site maintenance, and maintenance of other small structures (i.e., flap gates, subdrain vaults, tide gates, fish ladders, etc.) 4.2 Best Management Practices Maps depicting the perceived sensitivity of Contra Costa County for archaeological resources—based on a weighted overlay of slope (percentage), distance to water, and confluence of streams in shoreline areas—were produced for the purpose of the Manual (see Figure 3, provided at the end of Section 3). In addition, a map representing the potential for buried deposits was also produced (see Figure 4). Further, a records search was conducted for the entire county for areas within 200 feet of a maintenance channel or basin to provide additional guidance on the potential for known resources within areas where maintenance may occur. Using these figures and data as a guideline, the County will implement a series of BMPs to evaluate whether a proposed project area requires a cultural resources study. Both the results of the records search provided in Appendix B and Figures 3 and 4 are intended to provide a baseline of both known resources within proximity to the channels and potential for archaeological resources within the Program area as a whole. Given that the majority of the maintenance projects will occur within close proximity to a creek or stream, the potential for Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program 4-25 archaeological deposits to occur is high in these areas; therefore, maintenance activities that may cause impacts to cultural resources, such as ground-disturbing activity in native soils or replacement or alteration of existing infrastructure, would require implementation of BMPs CUL-1 and CUL-2. A programmatic approach has been designed to allow the County Program Managers to conduct maintenance activities in an efficient and cost-effective manner without sacrificing protection of cultural resources. A majority of the maintenance activities have very low potential for impacting cultural resources. However, for maintenance activities that involve excavation or repair into previously undisturbed native soils beyond existing engineered extent or depths (e.g., some culvert replacement projects), the first step is to conduct a desktop investigation to determine the sensitivity of the site. In areas with unknown or high sensitivity, a cultural resources investigation will be conducted by a qualified professional archaeologist prior to performing the maintenance activity. The cultural resources investigation will include the following elements: •Background research and Native American consultation; •Pedestrian survey; •Documentation; and •Management requirements, if necessary.When cultural resources are identified within a maintenance project area, the first consideration should be to avoid the resource, if feasible. If an archaeological resource cannot be avoided and project activities will impact the site, the resource must be evaluated for significance and eligibility for listing in the NRHP and CRHR. Resources determined to be historic properties/historical resources 5 through evaluation will require mitigation. Avoidance or capping of an eligible resource is the preferred mitigation; however, if a site cannot be preserved, data recovery is an acceptable method of mitigation. Data recovery involves additional excavation to retrieve important information from those portions of a site that will be disturbed by the project. If project activities are directly adjacent to an archaeological site, construction work should be monitored by a qualified archaeologist. If maintenance must occur, then an unanticipated discovery plan would be developed and recovery work would be coordinated with local Native American tribal representatives, if appropriate. The County has developed a set of cultural resource BMPs in the Manual, listed in Table 6 below, that are intended to be implemented specifically during ground-disturbing activities (e.g., bank stabilization, culvert replacement,). Implementation of these BMPs will be coordinated by the Program Managers and directed by qualified cultural resource specialists. 5 Resources determined eligible for the NRHP are referred to as historic properties; those found eligible to the CRHR are called historical resources. Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program 4-26 Table 6. Cultural Resources Best Management Practices BMP Number BMP Title BMP Description CUL-1 Review Sensitivity Maps During the early phases of Annual Work Plan development, for all locations where ground-disturbing activities are proposed where excavation would be required beyond the facility’s as-built design or otherwise reach previously undisturbed soils beyond existing engineered depths or extent, the County will review the Cultural Sensitivity Maps (Appendix E of the Manual). If the foregoing conditions are not applicable to the maintenance activity being performed, only BMP CUL-5 and CUL-6 will be required. Based on the location of projects, and whether or not excavation or ground disturbance will occur beyond existing engineered depths or extent, BMPs CUL-2 through CUL-4 shall be implemented as follows: High Sensitivity: BMPs CUL-2, CUL-3, and CUL-4 Moderate Sensitivity: BMP CUL-2 and CUL-3 Low Sensitivity: BMPs CUL-2 through CUL- 4 not required Unknown Sensitivity: BMP CUL-2 and CUL-3 BMPs CUL-5 and CUL-6 are applicable to all ground- disturbing activities in natural channels or native soils, regardless of the sensitivity level of the work area. CUL-2 Record Search and Field Inventory for Highly or Moderately Sensitive Areas, and Areas of Unknown Sensitivity The County will retain a qualified cultural resources specialist to conduct a review of and evaluate locations that involve soil disturbance/excavation in natural channels or native soils identified as Highly to Moderately Sensitive to determine the potential for these activities to affect significant cultural resources. The initial evaluation will be based on a review of archival information provided by the Northwest Information Center (NWIC) of the California Historical Resources Information System in regard to the project area based on a 0.25-mile search radius. This initial archival review will be completed by the professional archaeologist who will be able to view confidential site location data and literature to arrive at a preliminary sensitivity determination. It is required that the County conduct a review of the Sacred Lands Inventory of the Native American Heritage Commission (NAHC) and due diligence outreach with individuals identified by the NAHC and/or local historical societies or groups. This outreach would involve sending a letter with a request for pertinent information about cultural resources within the project area and to identify any concerns. This outreach is in addition to notification under PRC 21080.3.1 (i.e., CUL-3), and may be appropriate for projects that would not otherwise require Assembly Bill 52 notification. Such outreach is also encouraged under Section 106 implementing regulations at 36 CFR 800.4(a)(3) for identification of historic properties. Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program 4-27 BMP Number BMP Title BMP Description The qualified archaeologist will conduct field inventory of the project area to determine the presence/absence of cultural materials on the surface or in exposed profiles (e.g. creek banks, artificial cuts). The results, along with any mitigation and/or management recommendations, will be presented to the County in an appropriate report format that includes all relevant maps, figures, and correspondence with interested parties. The report will also include a summary of the records search and archival research data, and pertinent geoarchaeological overviews and studies, and regional research designs, as appropriate. A summary table indicating appropriate management actions (e.g., monitoring during construction, presence/absence testing for subsurface resources, and data recovery) will be developed for each project work area reviewed. The maintenance activities will be implemented to avoid adverse effects to historic properties as defined by 36 CFR 800. If adverse effects are not avoidable, the County will immediately notify the federal lead agency (USACE) project manager prior to the maintenance activity. The County understands that USACE is required to ensure there is a resolution of adverse effects in accordance with 36 CFR 800 and 33 CFR 325 Appendix C. EXCEPTIONS: After the NWIC record search and NAHC sacred lands search have been conducted, the qualified archaeologist may determine that a field review is not necessary under the following circumstances: Locales that have previously been subject to cultural resource studies with the past 24 months where no previously identified cultural resources or historical resources were documented. Locales that have previously been subject to cultural resources studies within the past 24 months, but identified cultural resources have been determined by a qualified archaeologist/resource specialist as not eligible for listing in the California Register of Historical Resources (CRHR) or the National Register of Historic Places (NRHP). A short report would be required to document the decision not to conduct a field study. CUL-3 Consult with Native American Tribes The County, as the lead CEQA agency, has notified Native American tribes about the Maintenance Program according to PRC 21080.3.1 (also referred to as Assembly Bill 52); only Native American tribes that have previously requested notification from the County pursuant to PRC 21080.3.1(b) require notification. For tribes that request consultation under PRC 21080.3.1(b)(2), the County will consult with those tribes pursuant to PRC 21080.3.2 for projects in areas of high, moderate, and unknown sensitivity Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program 4-28 BMP Number BMP Title BMP Description CUL-4 Construction Monitoring The County will retain a qualified archaeologist to be present on-site during ground-disturbing activities within areas identified as highly sensitive for cultural areas, unless the qualified archaeologist determines otherwise after the field inventory conducted under CUL-2. Similarly, after conducting the field study under CUL-2, the qualified archaeologist may determine that areas originally identified as moderately sensitive for cultural resources warrant monitoring during construction. The reasons for conducting monitoring in areas initially considered of moderate sensitivity would be discussed in the inventory report. The archaeologist will meet or exceed the minimum requirements stipulated by the Secretary of the Interior’s Professional Qualifications Standards for Archaeology and Historic Preservation (https://www.nps.gov/history/local- law/arch_stnds_9.htm). The archaeologist shall demonstrate experience with local and regional archaeological materials from pre-contact to post-contact contexts. The qualified archaeologist will have the authority to stop work if cultural resources are discovered. If any cultural resources are discovered during construction monitoring, BMP CUL-6 would be implemented as appropriate. CUL-5 Conduct Pre-Maintenance Educational Training At the beginning of each maintenance season, and in concert with implementing BMP BIO-1, as well as before conducting activities subject to BMP CUL-2 through CUL-4, all maintenance personnel will participate in an educational training session conducted by a qualified cultural resources specialist. This training will include instruction on how to identify historic and prehistoric resources that may be encountered, and will describe the appropriate protocol to be followed if resources are discovered during maintenance work. CUL-6 Address Discovery of Cultural Remains or Paleontological Resources Appropriately Unanticipated discoveries of cultural and paleontological resources may occur during maintenance construction activities. Examples of prehistoric Native American cultural remains are obsidian and chert flaked-stone tools (e.g., projectile points, knives, scrapers) or significant areas of tool-making debris; culturally darkened soil (“midden”) containing heat-affected rocks, artifacts, or shellfish remains; stone milling equipment (e.g., mortars, pestles, handstones, or milling slabs); and battered stone tools, such as hammerstones and pitted stones. Historic- period artifacts may include stone, concrete, or adobe footings, foundations, and walls; filled wells or privies; and deposits of metal, glass, and/or ceramic refuse. Paleontological resources are fossilized remains of plants and animals. Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program 4-29 BMP Number BMP Title BMP Description Work will be restricted or stopped in areas where remains or artifacts are found until proper protocols are met, as described below. Protocols for treatment of prehistoric or historic cultural resources, or human remains: 1.Work at the location of the find will halt immediately within 50 feet of the find. A “no work” zone will be established using appropriate flagging to delineate the boundary of this zone, which will measure at least 50 feet in all directions from the find. 2.If human remains are inadvertently discovered, the maintenance crew supervisor will immediately notify the Contra Costa County Coroner and provide any information that identifies the remains as Native American. If the remains are determined to be those of a prehistoric Native American or a Native American from the ethnographic period, the Coroner will contact NAHC within 24 hours of being notified about the remains. NAHC will designate and notify a most likely descendant (MLD) within 24 hours. The MLD will have 48 hours to consult and provide recommendations for the treatment or disposition, with proper dignity, of the human remains and grave goods. 3.The County will retain the services of a consulting archaeologist, and the MLD (for discoveries of human remains), who will visit the discovery site as soon as practicable and perform minor hand excavation to describe the archaeological resources present and assess the amount of disturbance. 4.The consulting archaeologist will provide to the County and USACE, at a minimum, written and digital-photographic documentation of all observed materials, utilizing the CRHR and NRHP guidelines for evaluating archaeological resources. Based on the assessment, the County and USACE will identify the CEQA and Section 106 cultural resources compliance procedures to be implemented. 5.If the consulting archaeologist determines that the find appears not to meet the CRHR or NRHP criteria of significance, and a USACE archaeologist concurs with the consulting archaeologist’s conclusions, construction may continue while monitored by the consulting archaeologist. The authorized maintenance work will resume at the discovery site only after the County has retained a consulting archaeologist to monitor and the Maintenance Manager has received notification from USACE allowing work to continue. 6.All intact pre-contact human remains will be automatically eligible to the NRHP and CRHR and thus historic properties protected under Section 106 of NHPR. Pre-contact human Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program 4-30 BMP Number BMP Title BMP Description remains discovered in secondary contexts will need be evaluated for NRHP and CRHR eligibility by a qualified archaeologist in consort with the MLD. 7.If the find appears significant, avoidance of additional impacts is the preferred alternative. The consulting archaeologist will determine if adverse impacts to the resources can be avoided. 8.Where avoidance is not practical (e.g., maintenance activities cannot be deferred or must be completed to satisfy the Maintenance Program objective), the County will develop an action plan (also known as a data recovery plan) and submit it to USACE within 48 hours of determining that maintenance activities cannot be deferred. The action plan will be submitted by email to the appropriate archeological/cultural resources contact at the USACE. The action plan is equivalent to a data recovery plan. It will be prepared in accordance with the current professional standards and state guidelines for reporting the results of the work, and will describe the services of a Native American consultant, if appropriate, and a proposal for curation of cultural materials recovered from a non-grave context. 9.The recovery effort will be documented in a report prepared by the consulting archaeologist in accordance with current archaeological standards. Any non-grave artifacts will be placed with an appropriate repository. 10.In the event of discovery of human remains (or if a find consists of bones suspected to be human), the field crew supervisor in consort with the MLD will take immediate steps to secure and protect such remains from vandalism during periods when work crews are absent.) 11.Preservation in situ is the preferred option for human remains. Human remains will be preserved in situ if continuation of the maintenance work, as determined by the consulting archaeologist and MLD, will not cause further damage to the remains. The remains and artifacts will be documented, the find location carefully backfilled (with protective geo-fabric if desirable), and the information recorded in County Maintenance Program files. 12.If human remains or cultural items are exposed during maintenance that cannot be protected from further damage, and those remains are determined eligible to the NRHP as a historic property, then USACE is required to notify the Advisory Council on Historic Preservation of the impending unavoidable adverse effects to the human remains and develop a plan, in consort with the MLD, to resolve those adverse effects. 13.The County and lead state and federal agencies will make every effort to follow the MLD’s instructions and wishes for handling pre-contact human remains once exhumed and for Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program 4-31 BMP Number BMP Title BMP Description all post-exhumation handling and re-interment. The MLD will be afforded the opportunity to determine whether any scientific analyses may be conducted, including isometric, DNA, and radiocarbon analyses on the human remains and any burial associated artifacts. Protocols for treatment of paleontological resources: 14.Work at the location of the find will halt immediately within 50 feet of the find. A “no work” zone will be established utilizing appropriate flagging to delineate the boundary of this zone, which will measure at least 50 feet in all directions from the find. 15.The County will retain the services of a consulting paleontologist who meets the Society for Vertebrate Paleontology’s criteria for a “qualified professional paleontologist” (Society of Vertebrate Paleontology Conformable Impact Mitigation Guidelines Committee 1995). 16.The consulting paleontologist will follow the Society for Vertebrate Paleontology’s guidelines for treatment of the find. Treatment may include preparation and recovery of fossil materials for donation to an appropriate museum or university collection, and may include preparation of a report describing the find. The County will be responsible for ensuring that the paleontologist’s recommendations are implemented. Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program 5-32 5 Summary The County is preparing a Routine Maintenance Manual to implement the Program for maintenance activities at the County’s flood control channels and other facilities including creeks, culverts, bridges, and basins throughout Contra Costa County, California. Primary maintenance activities generally include limited sediment removal from channels and culverts, vegetation trimming and removal along and within channels, trash and debris removal, and culvert repair and replacement. Many of the maintenance activities are relatively benign with respect to damaging cultural resources (i.e., removing sediment from engineered channels, hand removal of plants, etc.), but other activities (i.e., sediment removal where disturbance of native ground surface is necessary, culvert repair that requires alteration of the existing culvert beyond the extent of the existing culvert footprint, or alteration of built structures, etc.) have the potential to impact cultural resources. Archaeological sites are particularly vulnerable when ground disturbance occurs. Archival research and record searches at the NWIC have demonstrated that all of Contra Costa County is sensitive for cultural resources, and this is particularly applicable to areas near watercourses, which are the focus of the Program. The County is committed to protecting cultural resources during the course of regular maintenance activities and has developed a series of BMPs for evaluating the need for cultural resources studies prior to conducting specific actions. The BMPs define protocols for evaluating the potential of disturbing cultural resources at a project location and, if necessary, conducting site-specific record searches and field surveys. The County will make every effort to avoid impacts to identified cultural resources, if possible. However, construction monitoring may be recommended, or further investigations to evaluate sites for the NRHP or the CRHR may be necessary if cultural resources are identified and cannot be avoided by the activity. Sites eligible for the NRHP/CRHR may require data recovery at those sites that cannot be avoided. The County will consult with federal agencies, as required, and with Native American tribes with a traditional and cultural affiliation with a specific project area, as appropriate. Implementation of the BMP protocols will be conducted pursuant to the requirements of Section 106 of the NHPA, with the goal of having no historic properties affected per 36 CFR 800.4(d)(1) or no effect on historic properties per 36 CFR 800.5(b). Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program 6-33 6 References Arnold, J.E., M.R. Walsh, and S.E. Hollimon 2004. The Archaeology of California. Journal of Archaeological Research, Vol. 12, No. 1: 1-73. Broughton, J. M. 1997. Widening diet breadth, declining foraging efficiency, and prehistoric harvest pressure: Ichthyofaunal evidence from the Emeryville shellmound, California. Antiquity 71: 845–862. Broughton, J. M. 1994. Declines in mammalian foraging efficiency during the late Holocene, San Francisco Bay, California. Journal of Anthropological Archaeology 13: 371–401. Broughton, J. M. 1999. Resource Depression and Intensification During the Late Holocene, San Francisco Bay: Evidence from the Emeryville Shellmound Vertebrate Fauna, University of California Anthropological Records No. 32, Berkeley. Byrd, B.F., A.R. Whitaker, P.J. Mikkelsen, and J.S. Rosenthal 2017. San Francisco- Bay Regional Context and Research Design for Native American Archaeological Resources, Caltrans District 4. Prepared for California Department of Transportation, Oakland, CA. Jones, T. L. 1991. Marine-resource value and the priority of coastal settlement: A California perspective. American Antiquity 56: 419–443. Jones, T. L. 1992. Settlement trends along the California coast. In Jones, T. L. (ed.), Essays on the Prehistory of Maritime California, Center for Archaeological Research at Davis, Vol. 10, University of California, Davis, pp. 1–37. King, T.F. 1974. The evolution of status ascription around San Francisco Bay. In ?Antap: California Indian Political and Economic Organization. Eds Bean, L.J. and King, T.F. Bellena Press Anthropological Papers. 2: 35-54. Kyle, D. E., Hoover, M., H. E. Rensch, E. G. Rensch, and W. N. Abeloe. 2002. Historic Spots in California. 5th edition, Stanford, CA: Stanford University Press. Levy, R. 1978. Eastern Miwok. In Handbook of North American Indians. Volume 8: California. Ed by R.F. Heizer. Smithsonian Institution: Washington, D.C. Martinez Historical Society, History of Martinez, https://www.martinezhistory.org/History/martinezhistory/martinezhistory.html. Accessed July 5, 2019. Meyer, J., and J. Rosenthal. 2007. Geoarchaeological Overview of the Nine Bay Area Counties in Caltrans County 4. Report prepared for the California Department of Transportation, County 4, Oakland, California. Meyer, J 2013. A Geoarchaeological Overview and Assessment of Northeast California: Cultural Resources Inventory of Caltrans County 2 Rural Conventional Highways: Lassen, Modoc, Plumas, Shasta, Siskiyou, Tehama, and Trinity Counties. Far Western Anthropological Research Group, Inc., Davis, California. Submitted to California Department of Transportation, County 2, Redding, California. Milliken, R., L. H. Shoup, and B. R. Ortiz. 2009. Ohlone/Costanoan Indians of the San Francisco Peninsula and their Neighbors, Yesterday and Today. Prepared for National Park Service, Golden Gate National Recreation Area, San Francisco, California. Moratto, M.J. 1984. California Archaeology. Smithsonian Press: San Diego, CA. Cultural Resources Assessment Report September 2019 Contra Costa County Routine Maintenance Program 6-34 Nelson, N.C. 1909. Shellmounds of the San Francisco Bay Region. University of California Publications, American Archaeology and Ethnology, Vol. 7, No. 4. San Francisco Estuary Institute (SFEI). 1998. "Bay Area EcoAtlas V1.50b4 1998: Geographic Information System of wetland habitats past and present." Accessed July 2019. http://www.sfei.org/content/ecoatlas-version-150b4-1998. Society of Vertebrate Paleontology, 1995 (revised 2010). Standard Procedures for the Assessment and Mitigation of Adverse Impacts to Paleontological Resources. Available online: http://vertpaleo.org/The-Society/Governance-Documents/SVP_Impact_Mitigation_Guidelines.aspx UC Berkeley Library, Contra Costa County Land Grants, http://www.lib.berkeley.edu/EART/ContraCostaRanchos.html. Accessed July 5, 2019. Wallace, W.J. 1978. Post-Pleistocene Archaeology. In Handbook of North American Indians, Vol. 8.: 462-470. Ed. Heizer, R.F. Smithsonian Institution: Washington, D.C. 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Native American Correspondence Sacred Lands File & Native American Contacts List Request Native American Heritage Commission 1550 Harbor Blvd, Suite 100 West Sacramento, CA 95691 916-373-3710 916-373-5471 – Fax nahc@nahc.ca.gov Information Below is Required for a Sacred Lands File Search Project: ______________________________________________________________________ County:______________________________________________________________________ USGS Quadrangle Name:_______________________________________________________ Township:__________ Range:__________ Section(s):__________ Company/Firm/Agency:_________________________________________________________ Street Address:________________________________________________________________ City:______________________________________________ Zip:______________________ Phone:_____________________________________________ Fax:_______________________________________________ Email:_____________________________________________ Project Description: Contra Costa County Routine Maintenence Manual Contra Costa Multiple - see attached list Janis Offermann, Horizon Water and Environment 400 Capitol Mall, Suite 2500 Sacramento 95814 916.465.8076 janis@horizonh2o.com Contra Costa County Flood Contro and Water Conservaiton District is preparing a Routine Maintenance Manual to establish operating procedures and guidelines for conducting routine maintenance on the flood control channels,creeks, basins, and other facilities under its jurisdiction throughout Contra Costa County. The manual must comply with CEQA, which includes an analysis of the potential for impacting cultural resources. MAPNAME MERIDIAN TOWNSHIP TOWNDIR RANGE RANGEDIR SECTION MTRS LAS TRAMPAS RIDGE M 01.0 S 02.0 W 05 M01.0S02.0W05 LAS TRAMPAS RIDGE M 01.0 S 02.0 W 04 M01.0S02.0W04 LAS TRAMPAS RIDGE M 01.0 S 02.0 W 03 M01.0S02.0W03 LAS TRAMPAS RIDGE M 01.0 S 02.0 W 02 M01.0S02.0W02 LAS TRAMPAS RIDGE M 01.0 S 02.0 W 01 M01.0S02.0W01 LAS TRAMPAS RIDGE M 01.0 S 01.0 W 06 M01.0S01.0W06 LAS TRAMPAS RIDGE M 01.0 S 01.0 W 05 M01.0S01.0W05 LAS TRAMPAS RIDGE M 01.0 S 02.0 W 12 M01.0S02.0W12 LAS TRAMPAS RIDGE M 01.0 S 01.0 W 07 M01.0S01.0W07 LAS TRAMPAS RIDGE M 01.0 S 01.0 W 18 M01.0S01.0W18 LAS TRAMPAS RIDGE M 01.0 S 02.0 W 13 M01.0S02.0W13 LAS TRAMPAS RIDGE M 01.0 S 01.0 W 20 M01.0S01.0W20 LAS TRAMPAS RIDGE M 01.0 S 01.0 W 19 M01.0S01.0W19 LAS TRAMPAS RIDGE M 01.0 S 01.0 W 29 M01.0S01.0W29 Mare Island Quadrangle M 02.0 N 04.0 W 11 M02.0N04.0W11 Mare Island Quadrangle M 02.0 N 04.0 W 12 M02.0N04.0W12 Mare Island Quadrangle M 02.0 N 04.0 W 13 M02.0N04.0W13 Mare Island Quadrangle M 02.0 N 04.0 W 15 M02.0N04.0W15 Mare Island Quadrangle M 02.0 N 04.0 W 22 M02.0N04.0W22 Mare Island Quadrangle M 02.0 N 04.0 W 20 M02.0N04.0W20 VINE HILL M 02.0 N 02.0 W 04 M02.0N02.0W04 VINE HILL M 02.0 N 02.0 W 09 M02.0N02.0W09 VINE HILL M 02.0 N 02.0 W 10 M02.0N02.0W10 VINE HILL M 02.0 N 02.0 W 15 M02.0N02.0W15 VINE HILL M 02.0 N 02.0 W 20 M02.0N02.0W20 VINE HILL M 02.0 N 02.0 W 21 M02.0N02.0W21 VINE HILL M 02.0 N 02.0 W 22 M02.0N02.0W22 VINE HILL M 02.0 N 02.0 W 23 M02.0N02.0W23 HONKER BAY M 02.0 N 01.0 W 16 M02.0N01.0W16 HONKER BAY M 02.0 N 01.0 W 14 M02.0N01.0W14 HONKER BAY M 02.0 N 01.0 W 13 M02.0N01.0W13 ANTIOCH NORTH M 02.0 N 02.0 E 18 M02.0N02.0E18 ANTIOCH NORTH M 02.0 N 02.0 E 19 M02.0N02.0E19 ANTIOCH NORTH M 02.0 N 02.0 E 20 M02.0N02.0E20 JERSEY ISLAND M 02.0 N 03.0 E 18 M02.0N03.0E18 JERSEY ISLAND M 02.0 N 03.0 E 19 M02.0N03.0E19 SAN QUENTIN M 02.0 N 05.0 W 35 M02.0N05.0W35 SAN QUENTIN M 01.0 N 05.0 W 02 M01.0N05.0W02 RICHMOND M 02.0 N 05.0 W 36 M02.0N05.0W36 RICHMOND M 02.0 N 04.0 W 31 M02.0N04.0W31 RICHMOND M 02.0 N 05.0 W 35 M02.0N05.0W35 RICHMOND M 01.0 N 05.0 W 02 M01.0N05.0W02 RICHMOND M 01.0 N 05.0 W 01 M01.0N05.0W01 RICHMOND M 01.0 N 04.0 W 05 M01.0N04.0W05 RICHMOND M 01.0 N 04.0 W 11 M01.0N04.0W11 RICHMOND M 02.0 N 04.0 W 22 M02.0N04.0W22 RICHMOND M 02.0 N 04.0 W 27 M02.0N04.0W27 RICHMOND M 02.0 N 04.0 W 20 M02.0N04.0W20 RICHMOND M 02.0 N 04.0 W 29 M02.0N04.0W29 BRIONES VALLEY M 02.0 N 03.0 W 24 M02.0N03.0W24 BRIONES VALLEY M 01.0 N 02.0 W 31 M01.0N02.0W31 WALNUT CREEK M 02.0 N 02.0 W 20 M02.0N02.0W20 WALNUT CREEK M 02.0 N 02.0 W 21 M02.0N02.0W21 WALNUT CREEK M 02.0 N 02.0 W 22 M02.0N02.0W22 WALNUT CREEK M 02.0 N 02.0 W 23 M02.0N02.0W23 WALNUT CREEK M 02.0 N 02.0 W 27 M02.0N02.0W27 WALNUT CREEK M 02.0 N 02.0 W 26 M02.0N02.0W26 WALNUT CREEK M 02.0 N 02.0 W 34 M02.0N02.0W34 WALNUT CREEK M 02.0 N 02.0 W 35 M02.0N02.0W35 WALNUT CREEK M 01.0 N 02.0 W 03 M01.0N02.0W03 WALNUT CREEK M 01.0 N 02.0 W 02 M01.0N02.0W02 WALNUT CREEK M 01.0 N 02.0 W 01 M01.0N02.0W01 WALNUT CREEK M 01.0 N 02.0 W 10 M01.0N02.0W10 WALNUT CREEK M 01.0 N 02.0 W 11 M01.0N02.0W11 WALNUT CREEK M 01.0 N 02.0 W 12 M01.0N02.0W12 WALNUT CREEK M 01.0 N 01.0 W 07 M01.0N01.0W07 WALNUT CREEK M 01.0 N 01.0 W 18 M01.0N01.0W18 WALNUT CREEK M 01.0 N 02.0 W 13 M01.0N02.0W13 WALNUT CREEK M 01.0 N 02.0 W 14 M01.0N02.0W14 WALNUT CREEK M 01.0 N 02.0 W 15 M01.0N02.0W15 WALNUT CREEK M 01.0 N 01.0 W 20 M01.0N01.0W20 WALNUT CREEK M 01.0 N 01.0 W 19 M01.0N01.0W19 WALNUT CREEK M 01.0 N 02.0 W 23 M01.0N02.0W23 WALNUT CREEK M 01.0 N 02.0 W 26 M01.0N02.0W26 WALNUT CREEK M 01.0 N 01.0 W 30 M01.0N01.0W30 WALNUT CREEK M 01.0 N 01.0 W 29 M01.0N01.0W29 WALNUT CREEK M 01.0 N 02.0 W 31 M01.0N02.0W31 WALNUT CREEK M 01.0 N 02.0 W 32 M01.0N02.0W32 WALNUT CREEK M 01.0 N 02.0 W 33 M01.0N02.0W33 WALNUT CREEK M 01.0 N 02.0 W 34 M01.0N02.0W34 WALNUT CREEK M 01.0 N 02.0 W 35 M01.0N02.0W35 WALNUT CREEK M 01.0 N 01.0 W 32 M01.0N01.0W32 WALNUT CREEK M 01.0 S 02.0 W 05 M01.0S02.0W05 WALNUT CREEK M 01.0 S 02.0 W 04 M01.0S02.0W04 WALNUT CREEK M 01.0 S 02.0 W 03 M01.0S02.0W03 WALNUT CREEK M 01.0 S 02.0 W 02 M01.0S02.0W02 WALNUT CREEK M 01.0 S 02.0 W 01 M01.0S02.0W01 WALNUT CREEK M 01.0 S 01.0 W 06 M01.0S01.0W06 WALNUT CREEK M 01.0 S 01.0 W 05 M01.0S01.0W05 CLAYTON M 01.0 N 01.0 W 20 M01.0N01.0W20 CLAYTON M 01.0 N 01.0 W 29 M01.0N01.0W29 CLAYTON M 01.0 N 01.0 W 32 M01.0N01.0W32 CLAYTON M 01.0 S 01.0 W 05 M01.0S01.0W05 ANTIOCH SOUTH M 01.0 N 02.0 E 09 M01.0N02.0E09 ANTIOCH SOUTH M 02.0 N 02.0 E 19 M02.0N02.0E19 ANTIOCH SOUTH M 02.0 N 02.0 E 20 M02.0N02.0E20 ANTIOCH SOUTH M 02.0 N 02.0 E 29 M02.0N02.0E29 ANTIOCH SOUTH M 01.0 N 02.0 E 08 M01.0N02.0E08 ANTIOCH SOUTH M 01.0 N 02.0 E 21 M01.0N02.0E21 BRENTWOOD M 01.0 N 02.0 E 02 M01.0N02.0E02 BRENTWOOD M 01.0 N 02.0 E 01 M01.0N02.0E01 BRENTWOOD M 01.0 N 03.0 E 06 M01.0N03.0E06 BRENTWOOD M 01.0 N 02.0 E 09 M01.0N02.0E09 BRENTWOOD M 01.0 N 02.0 E 11 M01.0N02.0E11 BRENTWOOD M 01.0 N 02.0 E 12 M01.0N02.0E12 BRENTWOOD M 01.0 N 03.0 E 07 M01.0N03.0E07 BRENTWOOD M 01.0 N 02.0 E 14 M01.0N02.0E14 BRENTWOOD M 01.0 N 02.0 E 13 M01.0N02.0E13 BRENTWOOD M 01.0 N 03.0 E 18 M01.0N03.0E18 BRENTWOOD M 02.0 N 03.0 E 19 M02.0N03.0E19 BRENTWOOD M 02.0 N 02.0 E 25 M02.0N02.0E25 BRENTWOOD M 02.0 N 03.0 E 30 M02.0N03.0E30 BRENTWOOD M 02.0 N 02.0 E 35 M02.0N02.0E35 BRENTWOOD M 02.0 N 03.0 E 31 M02.0N03.0E31 BRENTWOOD M 01.0 N 02.0 E 21 M01.0N02.0E21 BRENTWOOD M 01.0 N 02.0 E 22 M01.0N02.0E22 BRENTWOOD M 01.0 N 02.0 E 23 M01.0N02.0E23 BRENTWOOD M 01.0 N 02.0 E 24 M01.0N02.0E24 BRENTWOOD M 01.0 N 02.0 E 27 M01.0N02.0E27 BRENTWOOD M 01.0 N 03.0 E 28 M01.0N03.0E28 BRENTWOOD M 01.0 N 02.0 E 35 M01.0N02.0E35 BRENTWOOD M 01.0 N 03.0 E 32 M01.0N03.0E32 BRENTWOOD M 01.0 N 03.0 E 33 M01.0N03.0E33 BRENTWOOD M 01.0 N 03.0 E 34 M01.0N03.0E34 BRENTWOOD M 01.0 S 02.0 E 02 M01.0S02.0E02 WOODWARD ISLAND M 01.0 N 03.0 E 34 M01.0N03.0E34 WOODWARD ISLAND M 01.0 N 03.0 E 35 M01.0N03.0E35 DIABLO M 02.0 S 01.0 W 01 M02.0S01.0W01 DIABLO M 02.0 S 01.0 W 04 M02.0S01.0W04 DIABLO M 02.0 S 01.0 W 09 M02.0S01.0W09 DIABLO M 02.0 S 01.0 W 12 M02.0S01.0W12 DIABLO M 02.0 S 01.0 W 13 M02.0S01.0W13 DIABLO M 01.0 S 01.0 W 05 M01.0S01.0W05 DIABLO M 01.0 S 01.0 W 23 M01.0S01.0W23 DIABLO M 01.0 S 01.0 W 24 M01.0S01.0W24 DIABLO M 01.0 S 01.0 W 21 M01.0S01.0W21 DIABLO M 01.0 S 01.0 W 20 M01.0S01.0W20 DIABLO M 01.0 S 01.0 W 25 M01.0S01.0W25 DIABLO M 01.0 S 01.0 E 30 M01.0S01.0E30 DIABLO M 01.0 S 01.0 W 28 M01.0S01.0W28 DIABLO M 01.0 S 01.0 W 27 M01.0S01.0W27 DIABLO M 01.0 S 01.0 E 29 M01.0S01.0E29 DIABLO M 01.0 S 01.0 W 29 M01.0S01.0W29 DIABLO M 01.0 S 01.0 W 33 M01.0S01.0W33 DIABLO M 01.0 S 01.0 W 35 M01.0S01.0W35 DIABLO M 01.0 S 01.0 W 36 M01.0S01.0W36 DIABLO M 01.0 S 01.0 W 34 M01.0S01.0W34 DIABLO M 01.0 S 01.0 E 31 M01.0S01.0E31 DIABLO M 01.0 S 01.0 E 32 M01.0S01.0E32 BYRON HOT SPRINGS M 01.0 S 02.0 E 02 M01.0S02.0E02 STATE OF CALIFORNIA Gavin Newsom, Governor NATIVE AMERICAN HERITAGE COMMISSION Cultural and Environmental Department 1550 Harbor Blvd., Suite 100 West Sacramento, CA 95691 Phone: (916) 373-3710 Email: nahc@nahc.ca.gov Website: http://www.nahc.ca.gov April 26, 2019 Janis Offermann Horizon Water and Environment VIA Email to: janis@horizonh2o.com RE: Contra Costa County Routine Maintenance Manual Project; Las Trampas Ridge, Mare Island, Vine Hill, Honker Bay, Antioch North, Jersey Island, San Quentin, Richmond, Briones Valley, Walnut Creek, Clayton, Antioch South, Brentwood, Woodward Island, Diablo, and Byron Hot Springs USGS Quadrangles, Contra Costa County, California. Dear Ms. Offermann: A record search of the Native American Heritage Commission (NAHC) Sacred Lands File (SLF) was completed for the information you have submitted for the above referenced project. The results were negative. However, the absence of specific site information in the SLF does not indicate the absence of cultural resources in any project area. Other sources of cultural resources should also be contacted for information regarding known and recorded sites. Attached is a list of Native American tribes who may also have knowledge of cultural resources in the project area. This list should provide a starting place in locating areas of potential adverse impact within the proposed project area. I suggest you contact all of those indicated; if they cannot supply information, they might recommend others with specific knowledge. By contacting all those listed, your organization will be better able to respond to claims of failure to consult with the appropriate tribe. If a response has not been received within two weeks of notification, the Commission requests that you follow-up with a telephone call or email to ensure that the project information has been received. If you receive notification of change of addresses and phone numbers from tribes, please notify the NAHC. With your assistance, we can assure that our lists contain current information. If you have any questions or need additional information, please contact me at my email address: gayle.totton@nahc.ca.gov. Sincerely, Gayle Totton, B.S., M.A., Ph.D. Associate Governmental Program Analyst Attachment Gayle Totton Amah MutsunTribal Band Valentin Lopez, Chairperson P.O. Box 5272 Galt, CA, 95632 Phone: (916) 743 - 5833 vlopez@amahmutsun.org Costanoan Northern Valley Yokut Amah MutsunTribal Band of Mission San Juan Bautista Irenne Zwierlein, Chairperson 789 Canada Road Woodside, CA, 94062 Phone: (650) 851 - 7489 Fax: (650) 332-1526 amahmutsuntribal@gmail.com Costanoan Indian Canyon Mutsun Band of Costanoan Ann Marie Sayers, Chairperson P.O. Box 28 Hollister, CA, 95024 Phone: (831) 637 - 4238 ams@indiancanyon.org Costanoan Muwekma Ohlone Indian Tribe of the SF Bay Area Charlene Nijmeh, Chairperson 20885 Redwood Road, Suite 232 Castro Valley, CA, 94546 Phone: (408) 464 - 2892 cnijmeh@muwekma.org Costanoan North Valley Yokuts Tribe Katherine Erolinda Perez, Chairperson P.O. Box 717 Linden, CA, 95236 Phone: (209) 887 - 3415 canutes@verizon.net Costanoan Northern Valley Yokut The Ohlone Indian Tribe Andrew Galvan, P.O. Box 3388 Fremont, CA, 94539 Phone: (510) 882 - 0527 Fax: (510) 687-9393 chochenyo@AOL.com Bay Miwok Ohlone Patwin Plains Miwok Wilton Rancheria Raymond Hitchcock, Chairperson 9728 Kent Street Elk Grove, CA, 95624 Phone: (916) 683 - 6000 Fax: (916) 683-6015 rhitchcock@wiltonrancheria- nsn.gov Miwok 1 of 1 This list is current only as of the date of this document. Distribution of this list does not relieve any person of statutory responsibility as defined in Section 7050.5 of the Health and Safety Code, Section 5097.94 of the Public Resource Section 5097.98 of the Public Resources Code. This list is only applicable for contacting local Native Americans with regard to cultural resources assessment for the proposed Contra Costa County Routine Maintenance Manual Project, Contra Costa County. PROJ-2019- 002447 04/26/2019 09:05 AM Native American Heritage Commission Native American Contact List Contra Costa County 4/26/2019 Appendix B. Northwest Information Center Results [CONFIDENTIAL] RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Ruggeri-Jensen-Azar, in the amount not to exceed $250,000 to provide on-call land development engineering services for the period December 1, 2020 to November 30, 2023, Countywide. (All Districts) Project No.: Various. FISCAL IMPACT: 100% Developer Fees. BACKGROUND: The Public Works Department is involved in the review of land development projects throughout the County. As part of this regular work, consultant services are required to augment staff and provide special technical assistance on an on-call basis. After a solicitation process, Ruggeri-Jensen-Azar was one of two firms selected to provide land development engineering services. These services include researching, writing, reviewing, and preparing conditions of approval for land development entitlements, as well as plan checking for conditions of approval compliance. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Warren Lai - Deputy, Slava Gospodchikov - Engineering Services , Larry Gossett- Engineering Services, Randolf Sanders- Engineering Services, Samantha Fithan- Administration , Michael Mann- Finance, Ruggeri-Jensen-Azar, Consultant C. 4 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 17, 2020 Contra Costa County Subject:Execute a contract with Rugger-Jensen-Azar, to provide on-call land development engineering services, Countywide. CONSEQUENCE OF NEGATIVE ACTION: Without the approval of the Board of Supervisors, the Public Works Department will be unable to complete land development engineering projects in a timely manner, therefore delaying completion of current and future land development projects. ATTACHMENTS Ruggeri-Jensen-Azar, Consulting Services Agreement Contra Costa County Project Name: On -Call Land Dev. Eng Standard Form CSA (Basic Terms) Revised2011 Project No.: Various CONSULTING SERVICES AGREEMENT To be used only for Architectural, Engineering or Land Surveying Services) This consulting services agreement ("Agreement") is dated December 1, 2020, and is between the agency and the consultant identified below. The parties agree to each of the terms set forth below (the "Basic Terms") and to each of the terns set forth in the Attachments (as defined below). 2. Parties. a) b) Agency: (check one) Contra Costa County for its Department named below Contra Costa County Flood Control and Water Conservation District Contra Costa County Fire Protection District Housing Authority of the County of Contra Costa Contra Costa County Redevelopment Agency 0) Department (if applicable): Public Works ii) Department Head means the individual named below or his or her designee (check one): Director of General Services Public Works Director/Chief Engineer Fire Chief Housing Authority Executive Director Director of Department of Conservation and Development iii) Agency Mailing Address: Contra Costa County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Randolf Sanders Consultant's Name & Address: Ruggeri -Jensen -Azar 4690 Chabot Drive, Suite 200 Pleasanton, CA 94588 Attn: Eddie K. Sieu i) Type of Business Entity: Corporation e.g., individual, corporation, sole proprietorship, partnership, limited liability company) If corporation, add State of incorporation: California ii) Federal Taxpayer I.D. or SSN: 77-0404780 iii) License Number: 44189 Proiect Name, Number, & Location: On -Call Land Development Engineering Consulting Services Various Project Numbers and Tasks Orders Term. The effective date of this Agreement is December 1, 2020. It terminates on November 30, 2023 unless sooner terminated as provided herein. Basic Terms Pagel of 3) Contra Costa County Standard Form CSA (Basic Terns) Revised 2011 4. 5 6. 7 Payment Limit. Payments under this Agreement cannot exceed: $250,000. Project Name: On -Call Land Dev. Eng Project No.:Various Legal Authority. This Agreement is entered into under and subject to Government Code Section 4525 or Section 31000, or: Health and Safety Code Section 13861 (Fire Protection District) Health and Safety Code Section 34314 (Housing Authority) Health and Safety Code Section 33125 (Redevelopment Agency) Other (Spec) Attachments. The following documents are attached to this Agreement (the "Attachments") and are incorporated herein by reference. This Agreement includes the Basic Terms, the signature pages, and all of the Attachments. General Conditions (always attached) Special Conditions (optional) Appendix A: Scope of Services (always attached) Appendix B: Payment Provisions, Project Personnel and Billing Rates (always attached) Signatures. The signatures set forth below attest the parties' agreement hereto: Consu is Name: a By Signature of indivi or officer) Print name and title, if applbkble) CONSULTANT SIGNATURE B By Signature of individual 7icable) Print name and title, if Note to Consultant: If Consultant is a corpo Lion, two officers must sign the AgreemepkThe first signature (Signature A) must be that of the chairman of the board, president, or e-president; the second signature ignature B) must be that of the secretary, assistant secretary, chief financial officer, or assists treasurer. (Civil Code Se on 1190 and Corporations Code Section 313.) The acknowledgment below must be signed by a Notary Pu 'c. State of California County of On before me, Consultant), who proved to me on the instrument and acknowledged to me th signature( s) on the instrument the pyt<1 insert name(s) an itle(s jw' o'f satisfactory evidence to be the person(s she/ they executed the same in his/her/their auth or the entity upon behalf of which the person(s, I Notary Public, personally appeared of the officer(s) signing on behalf of the name( s) is/are subscribed to the within o . ed capacity(ies), and that by his/her/their 1 act . executed the instrument. I certify under PENALTY O ERJURY under the laws of the State of California that the foregoing WITNESS MY HA AND OFFICIAL SEAL Notary' s Seal) Basic Terms Page 2 of 3) is true and correct. Signatures. The signatures set forth below attest the parties' agreement hereto: CONSULTANT SIGNATURES SIGNATURE A SIGNATURE B Consultant's Name: Ruggeri -Jensen -Azar, a California Corporation Consultant's Name: Ruggeri -Jensen -Azar, a California Corporation M Signature of individual or officer) Print name and title, if applicable) a Signature of individual or officer) Print name and title, if applicable) Note to Consultant: If Consultant is a corporation, two officers must sign the Agreement. The first signature (Signature A) must be that of the chairman of the board, president, or vice-president; the second signature (Signature B) must be that of the secretary, assistant secretary, chief financial officer, or assistant treasurer. (Civil Code Section 1190 and Corporation Code Section 313.) The acknowledgment below must be signed by a Notary Public. 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 before me, personally appeared, Date), Name and Title of Officer), 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 of Notary Public r-----------------------, I I I I I I I I I I I I I I I I I I I L--------- — — — -------I Place Notary Seal Above ACKNOWLEDGMENT (by Corporation, Partnership, or Individual) Civil Code § 1189) Consultant Signatures Page 1 of 1) Contra Costa County Project Name: On -Call Land Dev. Eng Standard Form CSA (Basic Terms) Revised 2011 Project No.: Various AGENCY a) If Agreement is approved by Agency governing body (required if Payment Limit exceeds $100,000): AGENCY, By Board Chair/Designee ATTEST: Clerk of the Board of Supervisors By Deputy b) If Agreement is approved by County Purchasing Agent: AGENCY, By County Purchasing Agent or Designee RECOMMENDED BY DEPARTMENT M Designee COUNTY APPROVALS FORM APPROVED BY COUNTY COUNSEL By Deputy County Counsel APPROVED: COUNTY ADMINISTRATOR By Designee Basic Terms Page 3 of 3) Contra Costa County GENERAL CONDITIONS Standard Form (Consulting Services Agreement) Revised 2011 Employment/Scope of Service. Agency hereby employs Consultant, and Consultant accepts such employment, to perform the professional services as described in Appendix A (Scope of Services), upon the terms and in consideration of the payments stated herein. Report Disclosure Section. Pursuant to Government Code Section 7550, Consultant shall include in all documents or written reports completed and submitted to Agency in accordance with this Agreement, a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report. This section only applies if the Payment Limit of this Agreement exceeds $5,000. If multiple documents or written reports are the subject or product of this Agreement, the disclosure section may also contain a statement indicating that the total Agreement amount represents compensation for multiple documents or written reports. 10. Insurance. Consultant may not commence work under this Agreement until it has furnished evidence of the insurance required herein to the Department Head, and the Department Head has approved it, and may not continue to perform any work under this Agreement if the insurance required herein is no longer in effect. a) Types and Amount of Insurance: Consultant, at no cost to Agency, shall obtain and maintain during the term hereof: (i) Workers' Compensation Insurance pursuant to state law, including, without limitation, California Labor Code section 3700; (ii) Professional Liability Insurance with a minimum coverage limit of $1,000,000 for claims made in the aggregate annually and a maximum self -insured retention or self -insured retained limit of liability of $25,000, for all damages or losses because of errors, omissions or malpractice arising out of the provision of professional services by Consultant and Consultant's subconsultants under this Agreement; and (iii) liability insurance with a minimum coverage limit of $5,000,000 for claims made in the aggregate annually for all personal injury and property damage, to include liability assumed under this Agreement, the use of any licensed motor vehicle by Consultant or subconsultants, and naming Agency, its governing body, officers and employees as additional insureds. The policies will constitute primary insurance as to Agency and its governing body, officers and employees such that other insurance policies held by them or their self-insurance program(s) are not required to contribute to any loss covered under Consultant's insurance policy or policies. b) Certificate of Insurance: Prior to the effective date of this Agreement, Consultant shall furnish to the Department Head certificates of insurance evidencing the coverage required herein and requiring 30 days' written notice to Agency of policy lapse, cancellation or material change in coverage. If Consultant renews the insurance policy(ies) or acquires a new insurance policy(ies) or amends the coverage through an endorsement to the policy(ies) at any time during the term of this Agreement, then Consultant shall provide current certificate(s) to the Department Head. c) Warran : Consultant represents and warrants that, as of the effective date of this Agreement, Consultant is not aware of any situation that has occurred that could reduce the limits of liability set forth above for claims made under this Agreement. d) Labor Code Section 1861 Certification: In executing this Agreement, Consultant certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 11. Payment. Agency shall pay Consultant for professional services performed as described in Appendix A at the rates shown in Appendix B, which include all overhead and incidental expenses, for which no additional compensation will be allowed. Notwithstanding the foregoing, Agency shall reimburse those incidental expenses specifically itemized in Appendix B, provided that Consultant submits copies of receipts and, if applicable, a detailed mileage log to the Department Head. In no event may the total amount paid to Consultant exceed the Payment Limit specified in Section 4, Payment Limit, without Agency's prior written approval. a) Billing Statements: Consultant shall submit billing statements in the manner and form prescribed by the Department Head detailing the work performed and listing, for each item of services, the employee categories, hours and rates. Except as otherwise provided in the Scope of Services, Consultant shall submit the billing statements no later than 30 days from the end of the month in which the services described in the billing statement were actually rendered. Except as provided in subsections (b)— (d) below, Agency will endeavor to pay Consultant within 30 days after receipt of each statement. General Conditions Page 1 of 7) Contra Costa County GENERAL CONDITIONS Standard Form (Consulting Services Agreement) Revised 2011 b) Documentation: Consultant shall furnish progress reports with each billing statement at no additional charge. Consultant shall include sufficient detail in each progress report, and shall furnish to the Department Head whatever additional information is necessary, to enable the Department Head to determine whether Consultant is performing all tasks described in the Scope of Services pursuant to the schedule set forth in the Scope of Services. c) Penalty for Late Submission: If Agency is unable to obtain reimbursement from the state or federal government as a result of Consultant's failure to submit to Agency a timely billing statement as set forth above, Agency will not be obligated to pay Consultant for the services included in the late billing statement. d) Right to Withhold: Agency may withhold payment to Consultant following written notice to Consultant that: (i) Consultant has failed to fully perform its obligations under this Agreement (including, without limitation, any failure to submit required deliverable items according to the schedule set forth in the Scope of Services); (ii) Consultant has neglected, failed, or refused to furnish information or cooperate with any inspection, review, or audit of its work or records; or (iii) Consultant has failed to sufficiently itemize or document its billing statement. e) Audit Exceptions: Consultant accepts responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate county, state or federal audit agencies resulting from its performance of this Agreement. Within 30 days of demand, Consultant shall pay Agency the full amount of Agency's obligation to the state and/or federal government resulting from any audit exceptions that are attributable to Consultant's failure to properly perform any of its obligations under this Agreement. f) Payment Retention: Agency may retain 10% of each billing statement as security for the fulfillment of this Agreement. After Consultant has completed all services as required under this Agreement, submitted final billing, and if the Department Head has determined that the services have been completed in accordance with this Agreement, Agency will release all withheld funds. g) Penalties for False Claims: Any person who commits any of the following acts shall be liable to Agency for three times the amount of damages which Agency sustains because of the act of that person. A person who commits any of the following acts shall also be liable to Agency for the costs of a civil action brought to recover any of those penalties or damages, and may be liable to Agency for a civil penalty of not less than $5,000 and not more than $10,000 for each false claim: (a) Knowingly presents or causes to be presented to an officer or employee of Agency a false claim for payment or approval. (b) Knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by Agency. (c) Conspires to defraud Agency by getting a false claim allowed or paid by Agency. (d) Knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to Agency. (e) Is a beneficiary of an inadvertent submission of a false claim to Agency, subsequently discovers the falsity of the claim, and fails to disclose the false claim to Agency within a reasonable time after discovery of the false claim. Liability under this section shall be joint and several for any act committed by two or more persons. 12. Extra Work. Any work or services in addition to the work or services described in the Scope of Services that Agency deems necessary to properly complete the work or services described in Scope of Services shall be performed by Consultant at the direction of Agency according to the rates or charges listed in Appendix B. In the event that no rate or charge is listed for a particular type of extra work, Consultant will be paid for the extra work at a rate to be mutually agreed on prior to the commencement of the extra work. In no event will Consultant be entitled to compensation for extra work unless, prior to commencement of the extra work, Agency has executed a written amendment describing the extra work and payment terms in accordance with Section 32, Amendments. 13. Time for Completion. Consultant shall complete all services covered by this Agreement no later than the end of the term as set forth above. Notwithstanding the foregoing, to the extent the Scope of Services provides for the phasing of services, Consultant shall complete all services for each phase of the project by the deadlines stated in the Scope of Services. 14. Termination by Agency. At its option, Agency may terminate this Agreement at any time by written notice to Consultant, whether or not Consultant is then in default. Upon such termination, Consultant shall, without delay, deliver to Agency all materials and records prepared or obtained in the performance of this Agreement, and Agency shall pay Consultant, without duplication, all amounts due for the services rendered up to the date of termination. General Conditions Page 2 of 7) Contra Costa County GENERAL CONDITIONS Standard Form (Consulting Services Agreement) Revised 2011 15. Abandonment by Consultant. If Consultant ceases performing services under this Agreement or otherwise abandons the project prior to completing all of the services described in this Agreement, Consultant shall deliver to Agency, without delay, all materials and records prepared or obtained in the performance of this Agreement. Agency shall pay Consultant the amount it determines to be the reasonable value of the services performed up to the time of cessation or abandonment, less a deduction for any damages or additional expenses which Agency incurs as a result of such cessation or abandonment. 16. Ownership of Documents. All materials and records of a finished nature, such as final plans, specifications, reports, and maps, prepared or obtained in the performance of this Agreement, shall be delivered to and become the property of Agency. Consultant shall retain, and make available to Agency in accordance with Section 17, Record Retention and Auditine, all materials of a preliminary nature, such as survey notes, sketches, preliminary plans, computations and other data, prepared or obtained in the performance of this Agreement. 17. Record Retention and Auditine. Except for materials and records delivered to Agency, Consultant shall retain all materials and records prepared or obtained in the performance of this Agreement, including financial records, for a period of at least five years after Consultant's receipt of the final payment under this Agreement. Upon request by Agency, Consultant shall promptly make such materials and records available to Agency, or to authorized representatives of the state and federal governments, at a convenient location within Contra Costa County designated by the Department Head, at no additional charge and without restriction or limitation on their use. 18. Independent Contractor Status. The parties intend that Consultant, in performing the services specified herein, is acting as an independent contractor and that Consultant will control the work and the manner in which it is performed. This Agreement is not intended and may not be construed to create the relationship between the parties of agent, servant, employee, partnership, joint venture or association. Additionally, Consultant is not entitled to participate in any pension plan, workers' compensation plan, health plan, insurance, bonus or similar benefits Agency provides to its employees. In the event that Agency exercises its right to terminate the Agreement, Consultant expressly agrees that it will have no recourse or right of appeal under any rules, regulations, ordinances or laws applicable to employees. 19. Breach. If Consultant fails to perform any of the services described in this Agreement in the manner and timeframe set forth in the Scope of Services or otherwise breaches this Agreement, Agency may pursue all remedies provided by law or equity. Disputes relating to the performance of this Agreement are not subject to non judicial arbitration. 20. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable laws, statutes, ordinances, rules and regulations, whether federal, state, or local in origin, including, but not limited to, licensing and purchasing practices, and wages, hours and conditions of employment, including nondiscrimination and prevailing wage rates and their payment in accordance with California Labor Code Section 1775. If any federal or state regulations or laws touching upon the subject of this Agreement are adopted or revised during the term hereof, this Agreement will be deemed amended and Consultant will comply with such federal or state requirements. 21. Assignment. Consultant may not assign or transfer this Agreement, in whole or in part, whether voluntarily, by operation of law or otherwise; provided, however, Consultant may, subject to any required state or federal approval, enter into subcontracts for the portion of the services for which Consultant does not have the facilities to perform so long as Consultant obtains the Department Head's written consent to such subcontracting prior to execution of this Agreement. The Department Head may withhold consent to any proposed subcontract in his or her sole and absolute discretion. Any purported assignment, transfer or subcontract that does not comply with the terms hereof is void. 22. Endorsement on Plans. Consultant shall endorse all plans, specifications, estimates, reports and other items described in Scope of Services prior to delivering them to Agency, and, where appropriate, indicate his or her registration number. 23. Works Made for Hire; Confidentiality. All reports, original drawings, graphics, plans, studies, and other data and documents, in whatever form or format, assembled or prepared by Consultant or Consultant's subcontractors, consultants, and other agents in connection with this Agreement are "works made for hire" (as defined in the Copyright Act, 17 U.S.C.A., Sections 101 et seg., as amended) for Agency, and Consultant unconditionally and irrevocably transfers and assigns to Agency all right, title, and interest, including all copyrights and other intellectual property rights, in or to the works made for hire. If any of the works made for hire is subject to copyright protection, Agency reserves the right to copyright such works and Consultant agrees not to copyright such works. If any works made for hire are copyrighted, Agency reserves a royalty -free, irrevocable license to reproduce, publish, and General Conditions Page 3 of 7) Contra Costa County GENERAL CONDITIONS Standard Form (Consulting Services Agreement) Revised 2011 use the works made for hire, in whole or in part, without restriction or limitation, and to authorize others to do so. Unless required by law, Consultant shall not publish, transfer, discuss, or disclose any of the above -described works made for hire, or any financial, statistical, personal, technical, or other data or information relative to Agency's operations, which are designated confidential by Agency and made available to Consultant in order to carry out Consultant's work under this Agreement, or any information gathered, discovered, or generated in any way through this Agreement, without Agency's prior express written consent. Permission to disclose information on one occasion or public hearing does not constitute authorization to further disclose such information on any other occasion. 24. Indemnification. Consistent with California Civil Code section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify, protect, defend and hold harmless Agency, and its employees, officials, and agents, from any and all demands, losses, claims, costs, liabilities, and expenses for any damage, injury, or death, including any and all administrative fines, penalties or costs imposed as a result of an administrative proceeding, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its officers, employees, agents, contractors, subconsultants, or any persons under its direction or control. If requested by Agency, Consultant shall defend any such suits at its sole cost and expense. If Agency elects to provide its own defense, Consultant shall reimburse Agency for any expenditures, including reasonable attorneys' fees and costs. Consultant's obligations under this section exist regardless of concurrent negligence or willful misconduct on the part of Agency or any other person; provided, however, that Consultant will not be required to indemnify, including the cost to defend, Agency for the proportion of liability a court determines does not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its officers, employees, agents, contractors, subconsultants, or any persons under its direction or control. This indemnification clause will survive the termination or expiration of this Agreement. 25. Endorsements. Consultant may not, in its capacity as a Consultant with Agency, (a) publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of Agency's governing body, (b) publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well -established and widely accepted scientific basis for such claims or without the prior approval of Agency's governing body or (c) participate or appear in any commercially -produced advertisements designed to promote a particular brand name or commercial product, even if Consultant is not publicly endorsing a product, as long as Consultant's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Agency. Notwithstanding the foregoing, Consultant may express its views on products to other consultants, to Agency's governing body or its officers, or to others who may be authorized by Agency's governing body or by law to receive such views. 26. Project Personnel. In performing the services authorized under this Agreement, Consultant shall use the personnel listed in Appendix B. Consultant may only make changes in project personnel and authorized subconsultants with the Department Head's prior written consent, and Consultant shall notify the Department Head in writing at least thirty (30) days in advance of any proposed change. Any person proposed as a replacement shall possess training, experience, and credentials comparable to those of the person being replaced. 27. Inspection. Authorized representatives of Agency, the State of California and the United States Government may monitor, inspect, review and audit Consultant's performance, place of business and records pertaining to this Agreement. Consultant shall make these items available for inspection upon request. 28. Conflicts of Interest. Consultant covenants that it presently has no interest and that it will not acquire any interest, direct or indirect, that represents a financial conflict of interest under state law or that would otherwise conflict in any manner or degree with the performance of its services hereunder. Consultant further covenants that in the performance of this Agreement, Consultant will employ no person having any such interest. If requested to do so by Agency, Consultant shall complete a Statement of Economic Interest" form and deliver it to the Department Head and shall require any other person doing work under this Agreement to complete a "Statement of Economic Interest" form and deliver it to the Department Head. Consultant covenants that Consultant, its employees and officials, are not now employed by Agency and have not been so employed by Agency within 12 months immediately preceding this Agreement; or, if so employed, did not then and do not now occupy a position that would create a conflict of interest under Government Code Section 1090. In addition to any indemnity provided by Consultant in this Agreement, Consultant shall indemnify, defend and hold Agency harmless from any and all claims, investigations, liabilities or damages resulting from or related to any and all alleged conflicts interest. 29. Nonrenewal. Consultant understands and agrees that there is no representation, implication, or understanding that the services provided by Consultant under this Agreement will be purchased by Agency under a new contract following expiration or General Conditions Page 4 of 7) Contra Costa County Standard Form Revised 2011 GENERAL CONDITIONS Consulting Services Agreement) termination of this Agreement, and Consultant waives all rights or claims to notice or hearing respecting any failure to continue purchasing all or any such services from Consultant. 30. Professional Competence; Licensure. Consultant represents and warrants that it is (i) professionally competent and able to provide the professional services described in this Agreement by reason of Consultant's personal knowledge and skill, and (ii) currently licensed by the State of California, and will remain licensed in good standing at all times during the term ofthis Agreement, as one or more of the following: (a) an architect pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the California Business and Professions Code; (b) a landscape architect pursuant to Chapter 3.5 (commencing with Section 5615) of Division 3 of the California Business and Professions Code; (c) a professional engineer pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the California Business and Professions Code; or (d) a professional land surveyor pursuant to Chapter 15 commencing with Section 8700) of Division 3 of the California Business and Professions Code. 31. Notices. All notices under this Agreement must be in writing, and, except as otherwise provided in the Scope of Services, sent by personal delivery (including overnight courier service) or by certified United States Mail, postage prepaid, to the parties at the addresses designated above, unless changed by written notice to the other party. Consultant shall address all notices to Agency to the Department Head. The effective date of the notice is the date of deposit in the mail or of other delivery, except that the effective date of notice to Agency is the date of receipt by the Department Head. 32. Amendments. This Agreement may be amended only by written agreement signed by both of the parties. 33. Dishes. Disagreements between Agency and Consultant concerning the meaning, requirements or performance of this Agreement are subject to final written determination of the Department Head or in accordance with the applicable procedures (if any) required by state or federal government. 34. Choice of Law and Personal Jurisdiction. This Agreement is made in Contra Costa County and is governed by, and will be construed in accordance with, the laws of the State of California. The parties, to the fullest extent permitted by law, knowingly, intentionally, and voluntarily, with and upon the advice of competent counsel, submit to personal jurisdiction in the State of California over any suit, action or proceeding arising from or relating to the terms of this Agreement. 35. No Implied Waiver. No waiver of any provision of this Agreement by Agency is valid unless it is in writing and signed by Agency. Waiver by Agency at any time of any breach of this Agreement may not be deemed a waiver of or consent to a subsequent breach of the same or any other provision ofthis Agreement. If Consultant's action requires the consent or approval of Agency, that consent or approval on one occasion may not be deemed a consent to or approval of that action on any later occasion or a consent to or approval of any other action. Subject to Section 33, Disputes, inspections, approvals or statements by any officer, agent or employee of Agency indicating Consultant's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of Consultant's performance, or payments therefor, or any combination of these acts, does not relieve Consultant of its obligation to fulfill this Agreement as prescribed or prevent Agency from bringing an action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Agreement. 36. Successors and Assigns. Subject to Section 21, Assi nment, this Agreement binds Consultant's successors, assigns, heirs, executors and personal representatives. 37. No Third -Party Beneficiaries. This Agreement is intended solely for the benefit of the parties hereto, and no third party has any right or interest in any provision of this Agreement or as a result of any action or inaction of any party in connection therewith. 38. Construction. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the parties to this Agreement. The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this Agreement. This Agreement may not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party does not apply to the interpretation of this Agreement. 39. Severability. If any term or provision of this Agreement is, to any extent, held invalid or unenforceable, the remainder of this Agreement will not be affected thereby. General Conditions Page 5 of 7) Contra Costa County Standard Form Revised 2011 GENERAL CONDITIONS Consulting Services Agreement) 40. Entire Agreement. This Agreement, together with all of the attachments listed in Section 6, Attachments, contains all of the terms and conditions agreed upon by the parties regarding the subject matter of this Agreement, and supercedes all previous communications, representations, understandings and agreements, whether verbal, written, express or implied, between the parties. 41. Authorization. Consultant, or the representative(s) signing this Agreement on behalf of Consultant, represents and warrants that Consultant has full power and authority to enter into this Agreement and to perform the obligations set forth herein, and that the representatives signing this Agreement have the authority to execute this Agreement on behalf of Consultant and to bind Consultant to its contractual obligations hereunder. The following provisions apply only to projects usinH US Department of Transportation funds. 42. Disadvantaged Business Enterprise (DBE) Requirements (Federal aid projects only). Consultant shall comply with all applicable provisions of 49 CFR, Parts 23 and 26, and the Contra Costa County's Disadvantaged Business Enterprise (DBE) Program, which are incorporated into this Agreement by reference. In addition, in performing services under this Agreement, Consultant shall utilize all DBEs listed in Consultant's written response to Agency's request for qualifications or request for proposal and shall pay to the listed DBEs the estimated amounts listed in Appendix B attached to this Agreement. Consultant shall not substitute a listed DBE at any time or decrease the amount to be paid to a listed DBE without the advance, written consent of Agency. If a listed DBE is proposed to be replaced, Consultant shall make a good faith effort to replace the original DBE with another DBE and shall submit to Agency written documentation of such effort. 43. Federal Cost Principles and Procedures (Federal aid projects only). Consultant shall comply with the following provisions, which are incorporated into this Agreement by reference: (a) the cost principles for allowability of individual items of costs set forth in 48 CFR, Chapter 1, Part 31: (b) the administrative procedures set forth in 49 CFR, Part 18; and (c) the administrative procedures for non-profit organizations set forth in OMB Circular A-110, if applicable to Consultant. In the event that payment is made to Consultant for any costs that are determined by subsequent audit to be unallowable under 48 CFR, Chapter 1, Part 31, Consultant shall refund the payment to Agency within 30 days of written request from Agency. Should Consultant fail to do so, and should Agency file legal action to recover the refund, Consultant shall reimburse Agency for all attorneys' fees, costs, and other expenses incurred by Agency in connection with such action. 44. Prohibition of Emending Local Agency State or Federal Funds for Lobbying (Federal aid in excess of $100 000 only). In executing this Agreement, Consultant makes the following certification, which certification is a material representation of fact relied upon by Agency in entering into this Agreement: a) Certification. To the best of Consultant's knowledge and belief: W No state, federal or local agency appropriated funds have been paid, or will be paid by or on behalf of Consultant to any person for influencing or attempting to influence an officer or employee of any state or federal agency, a member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a member of the Legislature or Congress, in connection with the awarding of any state or federal contract, the making of any state or federal grant, the making of any state or federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement. ii) If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with this federal contract, grant, loan, or cooperative agreement, Consultant shall complete and submit Form — LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. b) Penalty for Failure to File Disclosure Form. Submission of the disclosure form is a prerequisite for making or entering into this Agreement imposed by Title 31 U.S.C. Section 1352. Any person who fails to file the required disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. c) Applicability to Subconsultants. In executing this Agreement, Consultant also agrees to require that the language of this General Conditions Page 6 of 7) Contra Costa County GENERAL CONDITIONS Standard Form (Consulting Services Agreement) Revised 2011 Section 44 be included in all contracts with subconsultants that exceed $100,000, and that all such subconsultants shall certify and disclose accordingly. 45. Compliance with American Recovery and Reinvestment Act ("Recovery Act"). Consultant shall comply with the following provisions, which are incorporated into this Agreement by reference: (a) the statutory provisions contained in Chapter 1 of Title 23 of the United States Code; and (b) the reporting requirements, terms and conditions set forth in Sections 1201 and 1512 of the Recovery Act, and as designated by the State of California. Consultant's failure to comply with these provisions will result in retentions from progress payments due and/or other sanctions. General Conditions Page 7 of 7) Contra Costa County Standard Form Revised 05162018 Contra Costa County Standard Form L4 Revised 05162018 Project Name: On- Call land Dev. Eng. Project No.: Various Special Conditions Consulting Services Agreement) SPECIAL CONDITIONS Purchase of Services - Long Form) Consultant and Agency agree that the following Special Conditions modify the General Conditions and are part of this Agreement. As used in this Agreement, the terms "Consultant" and "Contractor" both mean Ruggeri -Jensen -Azar. As used in this Agreement, the terms "Agency", "Local Agency", "Sponsor" and "County" all mean Contra Costa County. As used in this Contract, the terms "Agency" and "County' both mean Contra Costa County Flood Control and Water Conservation District. As used in this Agreement, the term "Contract" has the same meaning as "Agreement" (as defined in the first paragraph of this Agreement). As used in this Contract, the term "Agreement" has the same meaning as "Contract." No payment will be made prior to Agency's approval of any work, nor will Contractor perform any work prior to Agency's approval of this Contract. 2. California Labor Code Section 1771.1(a) is hereby incorporated into the Agreement as if fully set forth herein. Subject to the limited exceptions for bid purposes under Labor Code Section 1771.1(a), no contractor or subcontractor may be listed on a bid proposal for a public works project unless currently registered and qualified with the Department of Industrial Relations pursuant to Labor Code section 1725.5, and no contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Section 10(b) (Certificate of Insurance): of the CSA General Conditions is hereby deleted in its entirety and replaced with the following: b) Certificate of Insurance: Prior to the effective date of this Agreement, Consultant shall furnish to the Contra Costa County Public Works Department (Department) certificates of insurance evidencing the coverage required herein. Additionally, no later than five days after Consultant's receipt of (i) a notice of cancellation or a notice of an intention to cancel any of Consultant's insurance coverage required by this Agreement, or (ii) a notice of a material change to Consultant's insurance coverage required by this Agreement, Consultant will provide Derpartment a copy of such notice of cancellation, or notice of intention to cancel, or notice of material change. Consultant's failure to provide Department the notice as required by the preceding sentence is a default under this Agreement. If Consultant renews any of the insurance policies or acquires any new insurance policies or amends the coverage through an endorsement to any policy at any time during the term of this Agreement, then Consultant shall provide current certificates to Department." 4. Section I I(f) Payment Retention of the CSA General Conditions is hereby deleted in its entirety and replaced with Special Conditions Page I of 2) the following: f) Payment Retention: Agency will not retain any funds." Subcontractors. Notwithstanding the provisions of Section 21 Assignment of the CSA General Conditions, County hereby consents to Consultant subcontracting with its subcontractors: (i) Schaaf & Wheeler; (ii) Illingworth & Rodkin, Inc. (each a "Subcontractor"); provided that no Subcontractor contract will include payment provisions greater than the amounts such Subcontractor is to be paid according to Attachment 1 to Appendix B of this Contract. Consultant may request changes in the Subcontractors set forth in this Section 5, and in the Subcontractor rates set forth in Attachment 1 to Appendix B to this Agreement. Consultant shall provide County with at least thirty (30) days advanced written notice of a proposed change in Subcontractors and Subcontractors rates. The requested change will become effective upon the execution on an administrative amendment by Consultant and County pursuant to Special Condition 32.1 (Administrative Amendments) of this Agreement. Any changes to Subcontractors shall not result in any increase in the payment limit specified in Section 4 (Payment Limit) of this Agreement. Section 23 (Works Made for Hire; Confidentiality) of the CSA General Conditions is hereby deleted in its entirety and replaced with the following: 23. Works Made for Hire; Confidentiality. All reports, original drawings, graphics, plans, studies, and other data and documents, in whatever form or format, assembled or prepared by Consultant or Consultant's subcontractors, consultants, and other agents in connection with this Agreement (collectively, the "Work") are not "works made for hire" (as defined in the Copyright Act, 17 U.S.C.A., Sections 101 et seq., as amended) for Agency. Consultant unconditionally and irrevocably transfers and assigns to Agency all right, title, and interest, including all copyrights and other intellectual property rights, in or to the Work. If any of the Work is subject to copyright protection, Agency reserves the right to copyright such Work and Consultant agrees not to copyright such Work. If any Work is copyrighted, Agency reserves a royalty -free, irrevocable license to reproduce, publish, and use the Work, in whole or in part, without restriction or limitation, and to authorize others to do so. Unless required by law, Consultant shall not publish, transfer, discuss, or disclose any of the above -described Work, or any financial, statistical, personal, technical, or other data or information relative to Agency's operations, which are designated confidential by Agency and made available to Consultant in order to carry out Consultant's work under this Agreement, or any information gathered, discovered, or generated in any way through this Agreement, without Agency's prior express written consent. Permission to disclose information on one occasion or public hearing does not constitute authorization to further disclose such information on any other occasion." 7. Section 32 (Amendments) of the CSA General Conditions is hereby amended by adding a new Section 32.1 Administrative Amendments) immediately following Section 32 (Amendments) as follows: 32.1. Administrative Amendments. Attachment 1 to Appendix B (Payment Provisions) of this Agreement and the approved Subcontractors under Section 21 (Assignment), as modified by these Special Conditions, may be amended by an administrative amendment to this Agreement executed by Consultant and the County Administrator (or designee), subject to any required state or federal approval, provided that such administrative amendment may not increase the Payment Limit of this Agreement or reduce the services Consultant is obligated to provide pursuant to this Agreement." Special Conditions Page 2 of 2) Contra Costa County Project Name: On -Call LDE Standard Form (Appendix A to CSA) On Call Civ Eng Services Project No.: Various Revised 2011 Appendix A to Consulting Services Agreement Scope of Services On Call Civil Engineering Services) OVERVIEW AND GENERAL REOUIREMENTS A. Agency is involved in the review, design, construction, and maintenance of various public works of improvement throughout Contra Costa County. Projects range from simple maintenance -related projects, such as slurry sealing existing road pavements, to more complex capital road, airport, and flood control channel improvement projects. In executing these projects, Agency, at times, requires additional temporary services from persons specially trained, experienced, expert and competent to perform design professional services, including civil engineering services. For that reason, Agency is entering into this Agreement with Consultant. Under this Agreement, Consultant will provide civil engineering services on an "on call" basis in support of a variety of road, airport and flood control projects throughout Contra Costa County. Examples of typical Agency projects and typical Consultant services covered by this Agreement are listed in Paragraphs 3 and 4 below. B. As provided in Section 26 of this Agreement, Project Personnel, subconsultants retained by Consultant must be authorized in advance, in writing, by Agency's Department Head. Consultant shall direct the tasks and activities of its authorized subconsultants and ensure that the tasks, activities and/or products required by this Agreement are completed in a timely manner and in accordance with the applicable standard of care for the given subconsultant. Notwithstanding the authorization for work to be performed by a particular subconsultant, Consultant is solely responsible for the performance of all services and delivery of all products under this Agreement. C. Work shown or specified in reports, drawings, and specifications must comply with all requirements of the Contra Costa County Ordinance Code, all applicable State and Federal codes and regulations, and all applicable requirements of the local fire district and utility companies or districts having jurisdiction over the project or area in which the project is located. TASK ORDER PROCEDURES A. TASK ORDERS During the term of this Agreement, when Agency has a need for Consultant to provide civil engineering services, Agency will forward a proposed Task Order to Consultant. Within the timeframe requested by Agency, Consultant will provide Agency with a cost proposal for the services and deliverables specified in the Task Order, including a written estimate of the number of hours per staff person, any anticipated reimbursable expenses, and total dollar amount. Once Agency and Consultant agree to a cost breakdown and commencement date for the services and deliverables identified in the Task Order (with a payment limit for the Task Order that does not cause the total payments under this Agreement to exceed the Payment Limit set forth in Section 4 of this Agreement, Payment Limit), Consultant and Agency (through its Department Head) will execute the final version of the Task Order. Appendix A On Call Civil Engineering Services) Page 1 of 5) Contra Costa County Project Name: On -Call LDE Standard Form (Appendix A to CSA) On Call Civ Eng Services Project No.: Various Revised 2011 B. AUTHORIZED REPRESENTATIVES During the term of this Agreement, the Department Head, on behalf of Agency, and the individuals listed below, on behalf of Consultant, are authorized to execute Task Orders under this Agreement. Consultant may change the individuals authorized to execute Task Orders upon thirty (30) days advance written notice to Agency. FOR CONSULTANT: Eddie K. Sieu, PE - Principal/Senior Project Manager Note: A Task Order is of no force or effect until it is signed by the Department Head. Consultant shall not commence work, and no expenditures are authorized, until the Department Head has executed a Task Order for the particular task and products at issue. Notwithstanding anything to the contrary, the Department Head is not authorized to execute a Task Order that causes the total payments under this Agreement to exceed the Payment Limit set forth in Section 4. Payment Limit of this Agreement. 3. TYPICAL AGENCY PROJECTS During the term of this Agreement, Agency may call upon Consultant to provide services under this Agreement for the types of projects listed below. The actual project on which Consultant will work will be specified in a separate Task Order. Slurry sealing or hot mix asphalt overlaying of existing road pavements Road intersection functional improvements, such as turn pockets, median islands, curb ramps for Americans with Disability Act (ADA) compliance, etc. Road widening for safety and capacity, including pavement widening and shoulders Reconstruction of failed road structural section (pavement and road base materials) Roadside drainage improvements, such as ditches, storm drain pipes, manholes, and inlets Storm water treatment and flow control improvements for Clean Water Program compliance Road realignments for safety Frontage improvements, i.e. curb and sidewalk Simple non-structural landslide repairs, i.e. earthwork and sub drainage work Restoration of eroded or failed creek banks and scour repairs at bridges Area -wide drainage improvements, such as open channels, concrete box culverts, large diameter storm drain pipes, manholes, and collector pipes, ditches and inlets Storm water detention basin construction or modifications Appendix A On Call Civil Engineering Services) Page 2 of 5) Contra Costa County Project Name: On -Call LDE Standard Form (Appendix A to CSA) On Call Civ Eng Services Project No.: Various Revised 2011 Flood control channel silt removal and levee restoration Airport taxiway and runway pavement reconstruction and rehabilitation (seals, asphalt overlays and reconstruction) Parking lot pavement reconstruction and rehabilitation (seals, asphalt overlays and reconstruction) Bicycle and pedestrian path construction Prefabricated bicycle and pedestrian bridge installation Appurtenant improvements such as standard cantilevered or mechanically stabilized retaining walls, road signage and striping, boundary fences, guard railing, concrete safety barriers, permanent and temporary erosion control measures Traffic calming improvements 4. TYPICAL CONSULTANT SERVICES During the term of this Agreement, Consultant will perform, at Agency's written request, the following types of civil engineering services as further specified by Task Order: Provide topographical and property field and office surveying Perform alternative analysis, such as road or flood control alignments, retaining structure type options, etc., including comparisons (cost to construct, public acceptance, ease of maintenance, longevity) of the alternates; and prepare written summary report of alternative analysis Coordinate with impacted utilities to determine conflicts and determine what utility relocation work is required and when the relocation work should be done relative to project construction Attend technical meetings and present design proposals at public forums Provide engineering support during project bidding and construction Perform peer review of plans and calculations for a variety of road, flood control, airport, and drainage infrastructure projects Prepare geometric layouts of planned improvements Perform earthwork and quantity calculations, estimate unit bid prices and prepare list of bid items Perform hydrologic, hydraulic and other calculations as necessary for the design of drainage, flood control, and clean water treatment and flood control improvements Prepare Design Exception Fact Sheets when necessary Appendix A On Call Civil Engineering Services) Page 3 of 5) Contra Costa County Standard Form (Appendix A to CSA) On Call Civ Eng Services Revised 2011 Project Name: On -Call LDE Project No.: Various Provide necessary engineering and design information to Agency staff in support of environmental compliance and regulatory permitting Prepare construction plans and special provisions, with the following types of plan sheets, as applicable, and submit them to Agency for review at 35%, 65%, 95% and 100% completion, unless otherwise instructed by Agency Plans will include one or more of the following types of plan sheets, as specified by Agency: Title Sheet Typical Cross Sections Key Map and Line Index Layout Profile and Superelevation Diagram Construction Details Contour Grading Plans Drainage Plans and Profiles Utility Plan Pavement Delineation and Traffic Signage Plan Construction Staging Plan Traffic Handling Plan Signing and Striping Plan Median Curb Plan and Profile Curb Return Profiles Demolition Plan Provide final reproducible hardcopies and electronic files of plans (Microstation file format) and special provisions (Word file format) Prepare Project Study Reports Work with Agency staff to develop and adhere to a Task Order work time schedule that meets Agency's requirements Provide necessary management oversight and quality assurance to meet Task Order specified end product(s) (deliverables) within agreed schedule and budget Collect and review all relevant data necessary to perform Task Order Determine construction staging and traffic control plans PERFORMANCE STANDARDS Consultant shall perform civil engineering design services in compliance with the latest editions of design standards, including without limitation, Federal Aviation Administration (FAA) design standards, California Department of Transportation (Caltrans) Highway Design Manual, American Association of State Highway Transportation Officials' (AASHTO) "A Policy on Geometric Design of Highways and Streets", Agency design standards, and any additional standards referenced in the Task Order. Consultant shall also comply with Caltrans' format standards for all products, such as preliminary and/or final plans (hardcopy and electronic, CADD files), technical specifications, calculations, and cost estimates as required by each Task Order. Cost considerations will not be deemed justification for breach of sound principles of engineering design. Consultant will remain solely Appendix A On Call Civil Engineering Services) Page 4 of 5) Contra Costa County Project Name: On -Call LDE Standard Form (Appendix A to CSA) On Call Civ Eng Services Project No.: Various Revised 2011 responsible for the adequacy, fitness and correctness of design and all designing work in accordance with sound and accepted engineering principles despite Agency's approval or acceptance of reports, plans, specifications, and any other product prepared by Consultant under this Agreement. PAYMENT DEMANDS Consultant shall submit a written demand or invoice for the services provided under each Task Order either (i) upon completion of the services described in the Task Order if the services take less than one month to complete; or (ii) monthly, if the services under a Task Order take more than one month to complete. In each case, Consultant shall describe the work performed and list, for each item of services, the employee categories, hours and rates (consistent with the rates shown on Appendix B). All payment demands and payments hereunder are subject to Section 11 of this Agreement, Payment. NON-EXCLUSIVE AGREEMENT Consultant acknowledges that this Agreement is not exclusive and that Agency may, at any and all times during the term of this Agreement, obtain civil engineering and other types of services from any appropriate source. 8. TIME Consultant understands and agrees that time is of the essence in this Agreement. Consultant shall perform the services authorized under each Task Order expeditiously and with adequate forces and shall complete the services within the time specified in each Task Order. Appendix A On Call Civil Engineering Services) Page 5 of 5) Contra Costa County Project Name: On -Call LDE Standard Form (Appendix B to CSA) Revised 2011 Project No.: Various Appendix B to Consulting Services Agreement Payment Provisions, Project Personnel and Billing Rates I. PAYMENT PROVISIONS A. Payment for services will not exceed the billing rates set forth in this Appendix B and will be based on the actual hours worked (by Consultant and authorized subconsultants) and actual approved Other Direct Costs (described below) subject to the Payment Limit specified in Section 4 of this Agreement, Payment Limit. In addition, payments for services (including payments to Consultant for authorized subconsultants) and Other Direct Costs will not exceed the following amounts for each phase or period indicated below unless approved in advance in writing by the Department Head: 1. LDE On -Call Services: $250,000 (100% of Payment Limit) 2. Not Applicable: $ ( % of Payment Limit) 3. Not Applicable: $ ( % of Payment Limit) 4. Not Applicable: $ ( % of Payment Limit) B. Payment to Consultant for subconsultants authorized in advance by Agency in accordance with Section 21 of this Agreement, Assignment, will be the amount equal to Consultant's direct costs, without handling mark ups. Consultant shall submit Subconsultant invoices as part of Consultant's bill for services. C. Payments for the extra work specified in Section 12 of this Agreement, Extra Work, shall be computed separately and shall not exceed any limits specified in Agency's written amendment describing the extra work and payment terms for the extra work. D. Subject to the Payment Limit in Section 4 of this Agreement, Payment Limit, Agency will reimburse the actual cost (without mark up) of documented expenditures by Consultant and its employees and authorized subconsultants for the Other Direct Costs listed below to the extent such Other Direct Costs were incurred to perform the services described in this Agreement: None E. All other expenses (i.e., those not listed under Paragraph D above) are not reimbursable and are deemed covered by the hourly billing rates set forth in Section II of this Appendix B. When any of the items listed under Paragraph D above are provided for Consultant's own use and not at Agency's request, expenses therefor are not reimbursable and are deemed covered by the hourly billing rates set forth in Section II of this Appendix B. Agency will not pay for Consultant's and its subconsultants' time and expenses for transportation between Consultant's and its subconsultants' various offices. Costs for such transportation are deemed covered by the hourly billing rates set forth in Section II of this Appendix B. Appendix B Page 1 of 2) Attachment 1 to Appendix B 1x RUGGERI-JENSEN-AZAR ENGINEERS PLANNERS SURVEYORS Project Personnel and Billing Rates for On -Call Land Development Engineering Consulting Services Contra Costa County, California Consulting Firm: Ruggeri -Jensen -Azar Eddie Sieu, PE Principal / Sr. Project Manager 250.00 260.00 270.00 280.00 Scott Shortlidge, PLS Sr. Project Manager 240.00 250.00 258.00 270.00 Leo Trujillo, PE, TE Sr. Project Manager 240.00 250.00 258.00 270.00 Alex Azar, PE Project Manager 224.00 233.00 243.00 255.00 David Terhune, PE Project Manager 224.00 233.00 243.00 255.00 Dominic Carucci, PE Project Manager 224.00 233.00 243.00 255.00 Kirk Myers, PE, PLS Project Manager 224.00 233.00 243.00 255.00 Celina Le, PE, TE Sr. Engineer 213.00 222.00 230.00 240.00 Erik Trujillo, EIT Engineer 183.00 190.00 198.00 205.00 Alan Mullen Sr. Technician 164.00 167.00 170.00 175.00 GAAdmin\PROPOSAL\Public Works Proposals\Counties\contrcostacounty\20200n Call Land Develop men t\Contract Award Letter\Billing Rates.doa JLVJ RUGGER FJENSEN-AZAR ENGINEERS PLANNERS • SURVEYORS Consulting Firm: Schaaf & Wheeler Name Charles D. Anderson, PE Principal Project 247.00 255.00 262.00 270.00 Manager Daniel J. Schaaf, PE Principal Project 247.00 255.00 262.00 270.00 Manager Caitlin J. Gilmore, PE Senior Project Manager 232.00 239.00 246.00 253.00 Robin J. Lee, PE Senior Engineer 216.00 223.00 229.00 236.00 Emily D. Straley, PE Senior Engineer 216.00 223.00 229.00 236.00 Kathryn M. Hogan, PE Senior Engineer 216.00 223.00 229.00 236.00 Consulting Firm: Illingworth & Rodkin, Inc. Michael S. Thill Principal 230.00 230.00 241.50 241.50 James A. Reyff Principal 230.00 230.00 241.50 241.50 Paul A Donavan Principal 230.00 230.00 241.50 241.50 Fred M. Svinth Principal 230.00 230.00 241.50 241.50 Keith Pommerenck Sr. Consultant 205.00 205.00 215.25 215.25 Carrie Janello Sr. Consultant 205.00 205.00 215.25 215.25 Dana Lodico Sr. Consultant 205.00 205.00 215.25 215.25 Jay Witt Sr. Consultant 205.00 205.00 215.25 215.25 Casey Divine Sr. Consultant 180.00 180.00 189.00 189.00 Mimi McNamara Staff Consultant 155.00 155.00 162.75 162.75 Cameron Heyvaert Staff Consultant 155.00 155.00 162.75 162.75 Micah Black Staff Consultant 155.00 155.00 162.75 162.75 G:\Adrnin\PROPOSAL\PubkWorks Proposals\Counties\contrcostacounty\2020 On Call Land Development\Contract Award Letter\8illing Rate s.doa RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with MNS Engineers, Inc., in an amount not to exceed $250,000 to provide on-call land development engineering services for the period December 1, 2020 to November 30, 2023, Countywide. (All Districts) Project No.: Various. FISCAL IMPACT: 100% Developer Fees. BACKGROUND: The Public Works Department is involved in the review of land development projects throughout the County. As part of this regular work, consultant services are required to augment staff and provide special technical assistance on an on-call basis. After a solicitation process, MNS Engineers, Inc. was one of two firms selected to provide land development engineering services. These services include researching, writing, reviewing, and preparing conditions of approval for land development entitlements, as well as plan checking for conditions of approval compliance. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Warren Lai - Deputy, Slava Gospodchikov - Engineering Services , Larry Gossett- Engineering Services, Randolf Sanders- Engineering Services, Samantha Fithan- Administration , Michael Mann- Finance, MNS Engineers, Inc. - Consultant C. 5 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 17, 2020 Contra Costa County Subject:Execute a contract with MNS Engineers Inc., to provide on-call land development engineering services, Countywide. CONSEQUENCE OF NEGATIVE ACTION: Without the approval of the Board of Supervisors, the Public Works Department will be unable to complete land development engineering projects in a timely manner, therefore delaying completion of current and future land development projects. ATTACHMENTS MNS Engineers Inc., Consulting Services Agreement Contra Costa County Project Name: On -Call Land Dev. Eng Standard Form CSA (Basic Terms) Revised 2011 Project No.: Various CONSULTING SERVICES AGREEMENT To be used only for Architectural, Engineering or Land Surveying Services) This consulting services agreement ("Agreement") is dated December 1, 2020, and is between the agency and the consultant identified below. The parties agree to each of the terms set forth below (the "Basic Terms") and to each of the terms set forth in the Attachments (as defined below). Parties. a) Agency: (check one) Contra Costa County for its Department named below Contra Costa County Flood Control and Water Conservation District Contra Costa County Fire Protection District Housing Authority of the County of Contra Costa Contra Costa County Redevelopment Agency i) Department (if applicable): Public Works ii) Department Head means the individual named below or his or her designee (check one): Director of General Services Public Works Director/Chief Engineer Fire Chief Housing Authority Executive Director Director of Department of Conservation and Development iii) Agency Mailing Address: Contra Costa County Public Works Department 255 Glacier Drive Martinez, CA 94553 Attn: Randolf Sanders b) Consultant's Name & Address: MNS Engineers, Inc. 201 N. Calle Cesar Chavez, Suite 300 Santa Barbara, CA 93103 Attn: Miranda Patton i) Type of Business Entity: Corporation e.g., individual, corporation, sole proprietorship, partnership, limited liability company) If corporation, add State of incorporation: California ii) Federal Taxpayer I.D. or SSN: 95-2080889 iii) License Number: 52314 2. Project Name, Number, & Location: On -Call Land Development Engineering Consulting Services Various Project Numbers and Tasks Orders Term. The effective date of this Agreement is December 1, 2020. It terminates on November 30, 2023 unless sooner terminated as provided herein. Basic Terms Page 1 of 3) Contra Costa County Standard Form CSA (Basic Terms) Revised 2011 4 r 7 Payment Limit. Payments under this Agreement cannot exceed: $250,000. Project Name: On -Call Land Dev. Eng Project No.: Various Legal Authority. This Agreement is entered into under and subject to Government Code Section 4525 or Section 31000, or: Health and Safety Code Section 13861 (Fire Protection District) Health and Safety Code Section 34314 (Housing Authority) Health and Safety Code Section 33125 (Redevelopment Agency) Other (Spec) Attachments. The following documents are attached to this Agreement (the "Attachments") and are incorporated herein by reference. This Agreement includes the Basic Terms, the signature pages, and all of the Attachments. General Conditions (always attached) Special Conditions (optional) Appendix A: Scope of Services (always attached) Appendix B: Payment Provisions, Project Personnel and Billing Rates (always attached) Signatures. The signatures set forth below attest the parties' agreement hereto: Consult 's Name: a By Signature of individua officer) CONSULTANT SIGNATURE B By Signature of individual or Print name and title, if applica`b e) (Print name and title, if Xlicable) Note to Consultant: If Consultant is a corpora ' n, two officers must sign the Agreeme .The first signature (Signature A) must be that of the chairman of the board, president, or vi - resident; the second signature ignature B) must be that of the secretary, assistant secretary, chief financial officer, or assist easurer. (Civil Code Se on 1190 and Corporations Code Section 313.) The acknowledgment below must be signed by a Notary Pub ' . State of California County of On before me, Consultant), who proved to me on the bas instrument and acknowledged to me tha signature(s) on the instrument the pe on(s MENT insert name(s) and i le(s i f satisfactory evidence to be the person(s) e/she/they executed the same in his/her/their auth or the entity upon behalf of which the person(s, Notary Public, personally appeared of the officer(s) signing on behalf of the ose name(s) is/are subscribed to the within or d capacity(ies), and that by his/her/their acte& executed the instrument. I certify under PENALTY Ofs,IPERJURY under the laws of the State of California that the foregoing WITNESS MY HAWAND OFFICIAL SEAL Notary's Seal) is true and correct. Basic Terms Page 2 of 3) Signatures. The signatures set forth below attest the parties' agreement hereto: CONSULTANT SIGNATURES SIGNATURE A SIGNATURE B Consultant's Name: MConsultant' s Name: NS Engineers, Inc., a California Corporation MNS Engineers, Inc., a California Corporation By Signature of individual or officer) Print name and title, if applicable) By Signature of individual or officer) Print name and title, if applicable) Note to Consultant: If Consultant is a corporation, two officers must sign the Agreement. The first signature (Signature A) must be that of the chairman of the board, president, or vice-president; the second signature (Signature B) must be that of the secretary, assistant secretary, chief financial officer, or assistant treasurer. (Civil Code Section 1190 and Corporation Code Section 313.) The acknowledgment below must be signed by a Notary Public. 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 before me, personally appeared, Date), Name and Title of Officer), 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 of Notary Public r--------------------- I I I I I I I I I I I I I I I I I I I I L- — — — — — — — — — — — -------- I Place Notary Seal Above ACKNOWLEDGMENT ( by Corporation, Partnership, or Individual) Civil Code §1189) Consultant Signatures Page 1 of 1) Contra Costa County Project Name: On -Call Land Dev. Eng Standard Form CSA (Basic Terms) Revised 2011 Project No.: Various AGENCY a) If Agreement is approved by Agency governing body (required if Payment Limit exceeds $100,000) AGENCY, By Board Chair/Designee ATTEST: Clerk of the Board of Supervisors By Deputy b) If Agreement is approved by County Purchasing Agent: AGENCY, By County Purchasing Agent or Designee RECOMMENDED BY DEPARTMENT COUNTY APPROVALS FORM APPROVED BY COUNTY COUNSEL By Designee Deputy County Counsel APPROVED: COUNTY ADMINISTRATOR By Designee Basic Terms Page 3 of 3) Contra Costa County GENERAL CONDITIONS Standard Form (Consulting Services Agreement) Revised 2011 8. Employment/Scope of Service. Agency hereby employs Consultant, and Consultant accepts such employment, to perform the professional services as described in Appendix A (Scope of Services), upon the terms and in consideration of the payments stated herein. 9. Report Disclosure Section. Pursuant to Government Code Section 7550, Consultant shall include in all documents or written reports completed and submitted to Agency in accordance with this Agreement, a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report. This section only applies if the Payment Limit of this Agreement exceeds $5,000. If multiple documents or written reports are the subject or product of this Agreement, the disclosure section may also contain a statement indicating that the total Agreement amount represents compensation for multiple documents or written reports. 10. Insurance. Consultant may not commence work under this Agreement until it has furnished evidence of the insurance required herein to the Department Head, and the Department Head has approved it, and may not continue to perform any work under this Agreement if the insurance required herein is no longer in effect. a) Types and Amount of Insurance: Consultant, at no cost to Agency, shall obtain and maintain during the term hereof: (i) Workers' Compensation Insurance pursuant to state law, including, without limitation, California Labor Code section 3700; (ii) Professional Liability Insurance with a minimum coverage limit of $1,000,000 for claims made in the aggregate annually and a maximum self -insured retention or self -insured retained limit of liability of $25,000, for all damages or losses because of errors, omissions or malpractice arising out of the provision of professional services by Consultant and Consultant's subconsultants under this Agreement; and (iii) liability insurance with a minimum coverage limit of $5,000,000 for claims made in the aggregate annually for all personal injury and property damage, to include liability assumed under this Agreement, the use of any licensed motor vehicle by Consultant or subconsultants, and naming Agency, its governing body, officers and employees as additional insureds. The policies will constitute primary insurance as to Agency and its governing body, officers and employees such that other insurance policies held by them or their self-insurance program(s) are not required to contribute to any loss covered under Consultant's insurance policy or policies. b) Certificate of Insurance: Prior to the effective date of this Agreement, Consultant shall furnish to the Department Head certificates of insurance evidencing the coverage required herein and requiring 30 days' written notice to Agency of policy lapse, cancellation or material change in coverage. If Consultant renews the insurance policy(ies) or acquires a new insurance policy(ies) or amends the coverage through an endorsement to the policy(ies) at any time during the term of this Agreement, then Consultant shall provide current certificate(s) to the Department Head. c) Warran : Consultant represents and warrants that, as of the effective date of this Agreement, Consultant is not aware of any situation that has occurred that could reduce the limits of liability set forth above for claims made under this Agreement. d) Labor Code Section 1861 Certification: In executing this Agreement, Consultant certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 11. Payment. Agency shall pay Consultant for professional services performed as described in Appendix A at the rates shown in Appendix B, which include all overhead and incidental expenses, for which no additional compensation will be allowed. Notwithstanding the foregoing, Agency shall reimburse those incidental expenses specifically itemized in Appendix B, provided that Consultant submits copies of receipts and, if applicable, a detailed mileage log to the Department Head. In no event may the total amount paid to Consultant exceed the Payment Limit specified in Section 4, Payment Limit, without Agency's prior written approval. a) Billing Statements: Consultant shall submit billing statements in the manner and form prescribed by the Department Head detailing the work performed and listing, for each item of services, the employee categories, hours and rates. Except as otherwise provided in the Scope of Services, Consultant shall submit the billing statements no later than 30 days from the end of the month in which the services described in the billing statement were actually rendered. Except as provided in subsections (b)— (d) below, Agency will endeavor to pay Consultant within 30 days after receipt of each statement. General Conditions Page 1 of 7) Contra Costa County GENERAL CONDITIONS Standard Form (Consulting Services Agreement) Revised 2011 b) Documentation: Consultant shall furnish progress reports with each billing statement at no additional charge. Consultant shall include sufficient detail in each progress report, and shall furnish to the Department Head whatever additional information is necessary, to enable the Department Head to determine whether Consultant is performing all tasks described in the Scope of Services pursuant to the schedule set forth in the Scope of Services. c) Penalty for Late Submission: If Agency is unable to obtain reimbursement from the state or federal government as a result of Consultant's failure to submit to Agency a timely billing statement as set forth above, Agency will not be obligated to pay Consultant for the services included in the late billing statement. d) Right to Withhold: Agency may withhold payment to Consultant following written notice to Consultant that: (i) Consultant has failed to fully perform its obligations under this Agreement (including, without limitation, any failure to submit required deliverable items according to the schedule set forth in the Scope of Services); (ii) Consultant has neglected, failed, or refused to furnish information or cooperate with any inspection, review, or audit of its work or records; or (iii) Consultant has failed to sufficiently itemize or document its billing statement. e) Audit Exceptions: Consultant accepts responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate county, state or federal audit agencies resulting from its performance of this Agreement. Within 30 days of demand, Consultant shall pay Agency the full amount of Agency's obligation to the state and/or federal government resulting from any audit exceptions that are attributable to Consultant's failure to properly perform any of its obligations under this Agreement. f) Payment Retention: Agency may retain 10% of each billing statement as security for the fulfillment of this Agreement. After Consultant has completed all services as required under this Agreement, submitted final billing, and if the Department Head has determined that the services have been completed in accordance with this Agreement, Agency will release all withheld funds. g) Penalties for False Claims: Any person who commits any of the following acts shall be liable to Agency for three times the amount of damages which Agency sustains because of the act of that person. A person who commits any of the following acts shall also be liable to Agency for the costs of a civil action brought to recover any of those penalties or damages, and may be liable to Agency for a civil penalty of not less than $5,000 and not more than $10,000 for each false claim: (a) Knowingly presents or causes to be presented to an officer or employee of Agency a false claim for payment or approval. (b) Knowingly makes, uses, or causes to be made or used a false record or statement to get a false claim paid or approved by Agency. (c) Conspires to defraud Agency by getting a false claim allowed or paid by Agency. (d) Knowingly makes, uses, or causes to be made or used a false record or statement to conceal, avoid, or decrease an obligation to pay or transmit money or property to Agency. (e) Is a beneficiary of an inadvertent submission of a false claim to Agency, subsequently discovers the falsity of the claim, and fails to disclose the false claim to Agency within a reasonable time after discovery of the false claim. Liability under this section shall be joint and several for any act committed by two or more persons. 12. Extra Work. Any work or services in addition to the work or services described in the Scope of Services that Agency deems necessary to properly complete the work or services described in Scope of Services shall be performed by Consultant at the direction of Agency according to the rates or charges listed in Appendix B. In the event that no rate or charge is listed for a particular type of extra work, Consultant will be paid for the extra work at a rate to be mutually agreed on prior to the commencement of the extra work. In no event will Consultant be entitled to compensation for extra work unless, prior to commencement of the extra work, Agency has executed a written amendment describing the extra work and payment terms in accordance with Section 32, Amendments. 13. Time for Completion. Consultant shall complete all services covered by this Agreement no later than the end of the term as set forth above. Notwithstanding the foregoing, to the extent the Scope of Services provides for the phasing of services, Consultant shall complete all services for each phase of the project by the deadlines stated in the Scope of Services. 14. Termination by Agency. At its option, Agency may terminate this Agreement at any time by written notice to Consultant, whether or not Consultant is then in default. Upon such termination, Consultant shall, without delay, deliver to Agency all materials and records prepared or obtained in the performance of this Agreement, and Agency shall pay Consultant, without duplication, all amounts due for the services rendered up to the date of termination. General Conditions Page 2 of 7) Contra Costa County GENERAL CONDITIONS Standard Form (Consulting Services Agreement) Revised 2011 15. Abandonment by Consultant. If Consultant ceases performing services under this Agreement or otherwise abandons the project prior to completing all of the services described in this Agreement, Consultant shall deliver to Agency, without delay, all materials and records prepared or obtained in the performance of this Agreement. Agency shall pay Consultant the amount it determines to be the reasonable value of the services performed up to the time of cessation or abandonment, less a deduction for any damages or additional expenses which Agency incurs as a result of such cessation or abandonment. 16. Ownership of Documents. All materials and records of a finished nature, such as final plans, specifications, reports, and maps, prepared or obtained in the performance of this Agreement, shall be delivered to and become the property of Agency. Consultant shall retain, and make available to Agency in accordance with Section 17, Record Retention and Auditing, all materials of a preliminary nature, such as survey notes, sketches, preliminary plans, computations and other data, prepared or obtained in the performance of this Agreement. 17. Record Retention and Auditing. Except for materials and records delivered to Agency, Consultant shall retain all materials and records prepared or obtained in the performance of this Agreement, including financial records, for a period of at least five years after Consultant's receipt of the final payment under this Agreement. Upon request by Agency, Consultant shall promptly make such materials and records available to Agency, or to authorized representatives of the state and federal governments, at a convenient location within Contra Costa County designated by the Department Head, at no additional charge and without restriction or limitation on their use. 18. Independent Contractor Status. The parties intend that Consultant, in performing the services specified herein, is acting as an independent contractor and that Consultant will control the work and the manner in which it is performed. This Agreement is not intended and may not be construed to create the relationship between the parties of agent, servant, employee, partnership, joint venture or association. Additionally, Consultant is not entitled to participate in any pension plan, workers' compensation plan, health plan, insurance, bonus or similar benefits Agency provides to its employees. In the event that Agency exercises its right to terminate the Agreement, Consultant expressly agrees that it will have no recourse or right of appeal under any rules, regulations, ordinances or laws applicable to employees. 19. Breach. If Consultant fails to perform any of the services described in this Agreement in the manner and timeframe set forth in the Scope of Services or otherwise breaches this Agreement, Agency may pursue all remedies provided by law or equity. Disputes relating to the performance of this Agreement are not subject to non judicial arbitration. 20. Compliance with Laws. In performing this Agreement, Consultant shall comply with all applicable laws, statutes, ordinances, rules and regulations, whether federal, state, or local in origin, including, but not limited to, licensing and purchasing practices, and wages, hours and conditions of employment, including nondiscrimination and prevailing wage rates and their payment in accordance with California Labor Code Section 1775. If any federal or state regulations or laws touching upon the subject of this Agreement are adopted or revised during the term hereof, this Agreement will be deemed amended and Consultant will comply with such federal or state requirements. 21. Assignment. Consultant may not assign or transfer this Agreement, in whole or in part, whether voluntarily, by operation of law or otherwise; provided, however, Consultant may, subject to any required state or federal approval, enter into subcontracts for the portion of the services for which Consultant does not have the facilities to perform so long as Consultant obtains the Department Head's written consent to such subcontracting prior to execution of this Agreement. The Department Head may withhold consent to any proposed subcontract in his or her sole and absolute discretion. Any purported assignment, transfer or subcontract that does not comply with the terms hereof is void. 22. Endorsement on Plans. Consultant shall endorse all plans, specifications, estimates, reports and other items described in Scope of Services prior to delivering them to Agency, and, where appropriate, indicate his or her registration number. 23. Works Made for Hire; Confidentiality. All reports, original drawings, graphics, plans, studies, and other data and documents, in whatever form or format, assembled or prepared by Consultant or Consultant's subcontractors, consultants, and other agents in connection with this Agreement are "works made for hire" (as defined in the Copyright Act, 17 U.S.C.A., Sections 101 etseg., as amended) for Agency, and Consultant unconditionally and irrevocably transfers and assigns to Agency all right, title, and interest, including all copyrights and other intellectual property rights, in or to the works made for hire. If any of the works made for hire is subject to copyright protection, Agency reserves the right to copyright such works and Consultant agrees not to copyright such works. If any works made for hire are copyrighted, Agency reserves a royalty -free, irrevocable license to reproduce, publish, and General Conditions Page 3 of 7) Contra Costa County GENERAL CONDITIONS Standard Form (Consulting Services Agreement) Revised 2011 use the works made for hire, in whole or in part, without restriction or limitation, and to authorize others to do so. Unless required by law, Consultant shall not publish, transfer, discuss, or disclose any of the above -described works made for hire, or any financial, statistical, personal, technical, or other data or information relative to Agency's operations, which are designated confidential by Agency and made available to Consultant in order to carry out Consultant's work under this Agreement, or any information gathered, discovered, or generated in any way through this Agreement, without Agency's prior express written consent. Permission to disclose information on one occasion or public hearing does not constitute authorization to further disclose such information on any other occasion. 24. Indemnification. Consistent with California Civil Code section 2782.8, Consultant shall, to the fullest extent permitted by law, indemnify, protect, defend and hold harmless Agency, and its employees, officials, and agents, from any and all demands, losses, claims, costs, liabilities, and expenses for any damage, injury, or death, including any and all administrative fines, penalties or costs imposed as a result of an administrative proceeding, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its officers, employees, agents, contractors, subconsultants, or any persons under its direction or control. If requested by Agency, Consultant shall defend any such suits at its sole cost and expense. If Agency elects to provide its own defense, Consultant shall reimburse Agency for any expenditures, including reasonable attorneys' fees and costs. Consultant's obligations under this section exist regardless of concurrent negligence or willful misconduct on the part of Agency or any other person; provided, however, that Consultant will not be required to indemnify, including the cost to defend, Agency for the proportion of liability a court determines does not arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its officers, employees, agents, contractors, subconsultants, or any persons under its direction or control. This indemnification clause will survive the termination or expiration of this Agreement. 25. Endorsements. Consultant may not, in its capacity as a Consultant with Agency, (a) publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of Agency's governing body, (b) publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well -established and widely accepted scientific basis for such claims or without the prior approval of Agency's governing body or (c) participate or appear in any commercially -produced advertisements designed to promote a particular brand name or commercial product, even if Consultant is not publicly endorsing a product, as long as Consultant's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Agency. Notwithstanding the foregoing, Consultant may express its views on products to other consultants, to Agency's governing body or its officers, or to others who may be authorized by Agency's governing body or by law to receive such views. 26. Project Personnel. In performing the services authorized under this Agreement, Consultant shall use the personnel listed in Appendix B. Consultant may only make changes in project personnel and authorized subconsultants with the Department Head's prior written consent, and Consultant shall notify the Department Head in writing at least thirty (30) days in advance of any proposed change. Any person proposed as a replacement shall possess training, experience, and credentials comparable to those of the person being replaced. 27. Inspection. Authorized representatives of Agency, the State of California and the United States Government may monitor, inspect, review and audit Consultant's performance, place of business and records pertaining to this Agreement. Consultant shall make these items available for inspection upon request. 28. Conflicts of Interest. Consultant covenants that it presently has no interest and that it will not acquire any interest, direct or indirect, that represents a financial conflict of interest under state law or that would otherwise conflict in any manner or degree with the performance of its services hereunder. Consultant further covenants that in the performance of this Agreement, Consultant will employ no person having any such interest. If requested to do so by Agency, Consultant shall complete a Statement of Economic Interest" form and deliver it to the Department Head and shall require any other person doing work under this Agreement to complete a "Statement of Economic Interest" form and deliver it to the Department Head. Consultant covenants that Consultant, its employees and officials, are not now employed by Agency and have not been so employed by Agency within 12 months immediately preceding this Agreement; or, if so employed, did not then and do not now occupy a position that would create a conflict of interest under Government Code Section 1090. In addition to any indemnity provided by Consultant in this Agreement, Consultant shall indemnify, defend and hold Agency harmless from any and all claims, investigations, liabilities or damages resulting from or related to any and all alleged conflicts interest. 29. Nonrenewal. Consultant understands and agrees that there is no representation, implication, or understanding that the services provided by Consultant under this Agreement will be purchased by Agency under a new contract following expiration or General Conditions Page 4 of 7) Contra Costa County Standard Form Revised 2011 GENERAL CONDITIONS Consulting Services Agreement) termination of this Agreement, and Consultant waives all rights or claims to notice or hearing respecting any failure to continue purchasing all or any such services from Consultant. 30. Professional Competence; Licensure. Consultant represents and warrants that it is (i) professionally competent and able to provide the professional services described in this Agreement by reason of Consultant's personal knowledge and skill, and (ii) currently licensed by the State of California, and will remain licensed in good standing at all times during the term of this Agreement, as one or more of the following: (a) an architect pursuant to Chapter 3 (commencing with Section 5500) of Division 3 of the California Business and Professions Code; (b) a landscape architect pursuant to Chapter 3.5 (commencing with Section 5615) of Division 3 of the California Business and Professions Code; (c) a professional engineer pursuant to Chapter 7 (commencing with Section 6700) of Division 3 of the California Business and Professions Code; or (d) a professional land surveyor pursuant to Chapter 15 commencing with Section 8700) of Division 3 of the California Business and Professions Code. 31. Notices. All notices under this Agreement must be in writing, and, except as otherwise provided in the Scope of Services, sent by personal delivery (including overnight courier service) or by certified United States Mail, postage prepaid, to the parties at the addresses designated above, unless changed by written notice to the other party. Consultant shall address all notices to Agency to the Department Head. The effective date of the notice is the date of deposit in the mail or of other delivery, except that the effective date of notice to Agency is the date of receipt by the Department Head. 32. Amendments. This Agreement may be amended only by written agreement signed by both of the parties. 33. Disputes. Disagreements between Agency and Consultant concerning the meaning, requirements or performance of this Agreement are subject to final written determination of the Department Head or in accordance with the applicable procedures (if any) required by state or federal government. 34. Choice of Law and Personal Jurisdiction. This Agreement is made in Contra Costa County and is governed by, and will be construed in accordance with, the laws of the State of California. The parties, to the fullest extent permitted by law, knowingly, intentionally, and voluntarily, with and upon the advice of competent counsel, submit to personal jurisdiction in the State of California over any suit, action or proceeding arising from or relating to the terms of this Agreement. 35. No Implied Waiver. No waiver of any provision of this Agreement by Agency is valid unless it is in writing and signed by Agency. Waiver by Agency at any time of any breach of this Agreement may not be deemed a waiver of or consent to a subsequent breach of the same or any other provision of this Agreement. If Consultant's action requires the consent or approval of Agency, that consent or approval on one occasion may not be deemed a consent to or approval of that action on any later occasion or a consent to or approval of any other action. Subject to Section 33, Disputes, inspections, approvals or statements by any officer, agent or employee of Agency indicating Consultant's performance or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of Consultant's performance, or payments therefor, or any combination of these acts, does not relieve Consultant of its obligation to fulfill this Agreement as prescribed or prevent Agency from bringing an action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Agreement. 36. Successors and Assigns. Subject to Section 21, Assignment, this Agreement binds Consultant's successors, assigns, heirs, executors and personal representatives. 37. No Third -Party Beneficiaries. This Agreement is intended solely for the benefit of the parties hereto, and no third party has any right or interest in any provision of this Agreement or as a result of any action or inaction of any party in connection therewith. 38. Construction. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the parties to this Agreement. The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions ofthis Agreement. This Agreement may not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party does not apply to the interpretation of this Agreement. 39. Severability. If any term or provision of this Agreement is, to any extent, held invalid or unenforceable, the remainder of this Agreement will not be affected thereby. General Conditions Page 5 of 7) Contra Costa County Standard Form Revised 2011 GENERAL CONDITIONS Consulting Services Agreement) 40. Entire Agreement. This Agreement, together with all of the attachments listed in Section 6, Attachments, contains all of the terms and conditions agreed upon by the parties regarding the subject matter of this Agreement, and supercedes all previous communications, representations, understandings and agreements, whether verbal, written, express or implied, between the parties. 41. Authorization. Consultant, or the representative(s) signing this Agreement on behalf of Consultant, represents and warrants that Consultant has full power and authority to enter into this Agreement and to perform the obligations set forth herein, and that the representatives signing this Agreement have the authority to execute this Agreement on behalf of Consultant and to bind Consultant to its contractual obligations hereunder. The following provisions apply only to projects using US Department of Transportation funds. 42. Disadvantaged Business Enterprise (DBE) Requirements (Federal aid projects only). Consultant shall comply with all applicable provisions of 49 CFR, Parts 23 and 26, and the Contra Costa County's Disadvantaged Business Enterprise (DBE) Program, which are incorporated into this Agreement by reference. In addition, in performing services under this Agreement, Consultant shall utilize all DBEs listed in Consultant's written response to Agency's request for qualifications or request for proposal and shall pay to the listed DBEs the estimated amounts listed in Appendix B attached to this Agreement. Consultant shall not substitute a listed DBE at any time or decrease the amount to be paid to a listed DBE without the advance, written consent of Agency. If a listed DBE is proposed to be replaced, Consultant shall make a good faith effort to replace the original DBE with another DBE and shall submit to Agency written documentation of such effort. 43. Federal Cost Principles and Procedures (Federal aid projects only). Consultant shall comply with the following provisions, which are incorporated into this Agreement by reference: (a) the cost principles for allowability of individual items of costs set forth in 48 CFR, Chapter 1, Part 31: (b) the administrative procedures set forth in 49 CFR, Part 18; and (c) the administrative procedures for non-profit organizations set forth in OMB Circular A-110, if applicable to Consultant. In the event that payment is made to Consultant for any costs that are determined by subsequent audit to be unallowable under 48 CFR, Chapter 1, Part 31, Consultant shall refund the payment to Agency within 30 days of written request from Agency. Should Consultant fail to do so, and should Agency file legal action to recover the refund, Consultant shall reimburse Agency for all attorneys' fees, costs, and other expenses incurred by Agency in connection with such action. 44. Prohibition of Expending Local Agency State or Federal Funds for Lobbying (Federal aid in excess of $100 000 only. In executing this Agreement, Consultant makes the following certification, which certification is a material representation of fact relied upon by Agency in entering into this Agreement: a) Certification. To the best of Consultant's knowledge and belief: i) No state, federal or local agency appropriated funds have been paid, or will be paid by or on behalf of Consultant to any person for influencing or attempting to influence an officer or employee of any state or federal agency, a member of the State Legislature or United States Congress, an officer or employee of the Legislature or Congress, or any employee of a member of the Legislature or Congress, in connection with the awarding of any state or federal contract, the making of any state or federal grant, the making of any state or federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement. ii) If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress, in connection with this federal contract, grant, loan, or cooperative agreement, Consultant shall complete and submit Form — LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. b) Penalty for Failure to File Disclosure Form. Submission of the disclosure form is a prerequisite for making or entering into this Agreement imposed by Title 31 U.S.C. Section 1352. Any person who fails to file the required disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. c) Applicability to Subconsultants. In executing this Agreement, Consultant also agrees to require that the language of this General Conditions Page 6 of 7) Contra Costa County GENERAL CONDITIONS Standard Form (Consulting Services Agreement) Revised 2011 Section 44 be included in all contracts with subconsultants that exceed $100,000, and that all such subconsultants shall certify and disclose accordingly. 45. Compliance with American Recovery and Reinvestment Act ("Recovery Act"). Consultant shall comply with the following provisions, which are incorporated into this Agreement by reference: (a) the statutory provisions contained in Chapter 1 of Title 23 of the United States Code; and (b) the reporting requirements, terms and conditions set forth in Sections 1201 and 1512 of the Recovery Act, and as designated by the State of California. Consultant's failure to comply with these provisions will result in retentions from progress payments due and/or other sanctions. General Conditions Page 7 of 7) Contra Costa County Standard Form Revised 05162018 Contra Costa County Standard Form L-4 Revised 05162018 Project Name: On -Call Land Dev. Eng. Project No.: Various Special Conditions Consulting Services Agreement) SPECIAL CONDITIONS Purchase of Services - Long Form) Consultant and Agency agree that the following Special Conditions modify the General Conditions and are part of this Agreement. As used in this Agreement, the terms "Consultant" and "Contractor" both mean MNS Engineers, Inc. As used in this Agreement, the terms "Agency", "Local Agency", "Sponsor" and "County" all mean Contra Costa County. As used in this Contract, the terms "Agency" and "County' both mean Contra Costa County Flood Control and Water Conservation District. As used in this Agreement, the term "Contrast" has the same meaning as "Agreement" (as defined in the first paragraph of this Agreement). As used in this Contract, the term "Agreement" has the same meaning as "Contract." No payment will be made prior to Agency's approval of any work, nor will Contractor perform any work prior to Agency's approval of this Contract. California Labor Code Section 1771. l (a) is hereby incorporated into the Agreement as if fully set forth herein. Subject to the limited exceptions for bid purposes under Labor Code Section 1771.1(a), no contractor or subcontractor may be listed on a bid proposal for a public works project unless currently registered and qualified with the Department of Industrial Relations pursuant to Labor Code section 1725.5, and no contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. The project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Section 10(b) (Certificate of Insurance): of the CSA General Conditions is hereby deleted in its entirety and replaced with the following: b) Certificate of Insurance: Prior to the effective date of this Agreement, Consultant shall furnish to the Contra Costa County Public Works Department (Department) certificates of insurance evidencing the coverage required herein. Additionally, no later than five days after Consultant's receipt of (i) a notice of cancellation or a notice of an intention to cancel any of Consultant's insurance coverage required by this Agreement, or (ii) a notice of a material change to Consultant's insurance coverage required by this Agreement, Consultant will provide Derpartment a copy of such notice of cancellation, or notice of intention to cancel, or notice of material change. Consultant's failure to provide Department the notice as required by the preceding sentence is a default under this Agreement. If Consultant renews any of the insurance policies or acquires any new insurance policies or amends the coverage through an endorsement to any policy at any time during the term of this Agreement, then Consultant shall provide current certificates to Department." 4. Section I l(f) Payment Retention of the CSA General Conditions is hereby deleted in its entirety and replaced with Special Conditions Page 1 of 2) the following: f) Payment Retention: Agency will not retain any funds." Subcontractors. Notwithstanding the provisions of Section 21 Assignment of the CSA General Conditions, County hereby consents to Consultant subcontracting with its subcontractors: (i) T J K M ( "Subcontractor"); provided that no Subcontractor contract will include payment provisions greater than the amounts such Subcontractor is to be paid according to Attachment 1 to Appendix B of this Contract. Consultant may request changes in the Subcontractors set forth in this Section 5, and in the Subcontractor rates set forth in Attachment 1 to Appendix B to this Agreement. Consultant shall provide County with at least thirty (30) days advanced written notice of a proposed change in Subcontractors and Subcontractors rates. The requested change will become effective upon the execution on an administrative amendment by Consultant and County pursuant to Special Condition 32.1 (Administrative Amendments) of this Agreement. Any changes to Subcontractors shall not result in any increase in the payment limit specified in Section 4 (Payment Limit) of this Agreement. Section 23 (Works Made for Hire; Confidentiality) of the CSA General Conditions is hereby deleted in its entirety and replaced with the following: 23. Works Made for Hire; Confidentiality. All reports, original drawings, graphics, plans, studies, and other data and documents, in whatever form or format, assembled or prepared by Consultant or Consultant's subcontractors, consultants, and other agents in connection with this Agreement (collectively, the "Work") are not "works made for hire" (as defined in the Copyright Act, 17 U.S.C.A., Sections 101 et seq., as amended) for Agency. Consultant unconditionally and irrevocably transfers and assigns to Agency all right, title, and interest, including all copyrights and other intellectual property rights, in or to the Work. If any of the Work is subject to copyright protection, Agency reserves the right to copyright such Work and Consultant agrees not to copyright such Work. If any Work is copyrighted, Agency reserves a royalty -free, irrevocable license to reproduce, publish, and use the Work, in whole or in part, without restriction or limitation, and to authorize others to do so. Unless required by law, Consultant shall not publish, transfer, discuss, or disclose any of the above -described Work, or any financial, statistical, personal, technical, or other data or information relative to Agency's operations, which are designated confidential by Agency and made available to Consultant in order to carry out Consultant's work under this Agreement, or any information gathered, discovered, or generated in any way through this Agreement, without Agency's prior express written consent. Permission to disclose information on one occasion or public hearing does not constitute authorization to further disclose such information on any other occasion." Section 32 (Amendments) of the CSA General Conditions is hereby amended by adding a new Section 32.1 Administrative Amendments) immediately following Section 32 (Amendments) as follows: 32.1. Administrative Amendments. Attachment 1 to Appendix B (Payment Provisions) of this Agreement and the approved Subcontractors under Section 21 (Assignment), as modified by these Special Conditions, may be amended by an administrative amendment to this Agreement executed by Consultant and the County Administrator (or designee), subject to any required state or federal approval, provided that such administrative amendment may not increase the Payment Limit of this Agreement or reduce the services Consultant is obligated to provide pursuant to this Agreement." Special Conditions Page 2 of 2) Contra Costa County Project Name: On -Call LDE Standard Form (Appendix A to CSA) On Call Civ Eng Services Project No.: Various Revised 2011 Appendix A to Consulting Services Agreement Scope of Services On Call Civil Engineering Services) OVERVIEW AND GENERAL REOUIREMENTS A. Agency is involved in the review, design, construction, and maintenance of various public works of improvement throughout Contra Costa County. Projects range from simple maintenance -related projects, such as slurry sealing existing road pavements, to more complex capital road, airport, and flood control channel improvement projects. In executing these projects, Agency, at times, requires additional temporary services from persons specially trained, experienced, expert and competent to perform design professional services, including civil engineering services. For that reason, Agency is entering into this Agreement with Consultant. Under this Agreement, Consultant will provide civil engineering services on an "on call" basis in support of a variety of road, airport and flood control projects throughout Contra Costa County. Examples of typical Agency projects and typical Consultant services covered by this Agreement are listed in Paragraphs 3 and 4 below. B. As provided in Section 26 of this Agreement, Project Personnel, subconsultants retained by Consultant must be authorized in advance, in writing, by Agency's Department Head. Consultant shall direct the tasks and activities of its authorized subconsultants and ensure that the tasks, activities and/or products required by this Agreement are completed in a timely manner and in accordance with the applicable standard of care for the given subconsultant. Notwithstanding the authorization for work to be performed by a particular subconsultant, Consultant is solely responsible for the performance of all services and delivery of all products under this Agreement. C. Work shown or specified in reports, drawings, and specifications must comply with all requirements of the Contra Costa County Ordinance Code, all applicable State and Federal codes and regulations, and all applicable requirements of the local fire district and utility companies or districts having jurisdiction over the project or area in which the project is located. 2. TASK ORDER PROCEDURES A. TASK ORDERS During the term of this Agreement, when Agency has a need for Consultant to provide civil engineering services, Agency will forward a proposed Task Order to Consultant. Within the timeframe requested by Agency, Consultant will provide Agency with a cost proposal for the services and deliverables specified in the Task Order, including a written estimate of the number of hours per staff person, any anticipated reimbursable expenses, and total dollar amount. Once Agency and Consultant agree to a cost breakdown and commencement date for the services and deliverables identified in the Task Order (with a payment limit for the Task Order that does not cause the total payments under this Agreement to exceed the Payment Limit set forth in Section 4 of this Agreement, Payment Limit), Consultant and Agency (through its Department Head) will execute the final version of the Task Order. Appendix A On Call Civil Engineering Services) Page 1 of 5) Contra Costa County Project Name: On -Call LDe Standard Form (Appendix A to CSA) On Call Civ Eng Services Project No.: Various Revised 2011 B. AUTHORIZED REPRESENTATIVES During the term of this Agreement, the Department Head, on behalf of Agency, and the individuals listed below, on behalf of Consultant, are authorized to execute Task Orders under this Agreement. Consultant may change the individuals authorized to execute Task Orders upon thirty (30) days advance written notice to Agency. FOR CONSULTANT: Paul Greenway, PE - Senior Project Manager Note: A Task Order is of no force or effect until it is signed by the Department Head Consultant shall not commence work, and no expenditures are authorized, until the Department Head has executed a Task Order for the particular task and products at issue. Notwithstanding anything to the contrary, the Department Head is not authorized to execute a Task Order that causes the total payments under this Agreement to exceed the Payment Limit set forth in Section 4. Payment Limit of this Agreement. 3. TYPICAL AGENCY PROJECTS During the term of this Agreement, Agency may call upon Consultant to provide services under this Agreement for the types of projects listed below. The actual project on which Consultant will work will be specified in a separate Task Order. Slurry sealing or hot mix asphalt overlaying of existing road pavements Road intersection functional improvements, such as turn pockets, median islands, curb ramps for Americans with Disability Act (ADA) compliance, etc. Road widening for safety and capacity, including pavement widening and shoulders Reconstruction of failed road structural section (pavement and road base materials) Roadside drainage improvements, such as ditches, storm drain pipes, manholes, and inlets Storm water treatment and flow control improvements for Clean Water Program compliance Road realignments for safety Frontage improvements, i.e. curb and sidewalk Simple non-structural landslide repairs, i.e. earthwork and sub drainage work Restoration of eroded or failed creek banks and scour repairs at bridges Area -wide drainage improvements, such as open channels, concrete box culverts, large diameter storm drain pipes, manholes, and collector pipes, ditches and inlets Storm water detention basin construction or modifications Appendix A On Call Civil Engineering Services) Page 2 of 5) Contra Costa County Project Name: On -Call LDE Standard Form (Appendix A to CSA) On Call Civ Eng Services Project No.: Various Revised 2011 Flood control channel silt removal and levee restoration Airport taxiway and runway pavement reconstruction and rehabilitation (seals, asphalt overlays and reconstruction) Parking lot pavement reconstruction and rehabilitation (seals, asphalt overlays and reconstruction) Bicycle and pedestrian path construction Prefabricated bicycle and pedestrian bridge installation Appurtenant improvements such as standard cantilevered or mechanically stabilized retaining walls, road signage and striping, boundary fences, guard railing, concrete safety barriers, permanent and temporary erosion control measures Traffic calming improvements 4. TYPICAL CONSULTANT SERVICES During the term of this Agreement, Consultant will perform, at Agency's written request, the following types of civil engineering services as further specified by Task Order: Provide topographical and property field and office surveying Perform alternative analysis, such as road or flood control alignments, retaining structure type options, etc., including comparisons (cost to construct, public acceptance, ease of maintenance, longevity) of the alternates; and prepare written summary report of alternative analysis Coordinate with impacted utilities to determine conflicts and determine what utility relocation work is required and when the relocation work should be done relative to project construction Attend technical meetings and present design proposals at public forums Provide engineering support during project bidding and construction Perform peer review of plans and calculations for a variety of road, flood control, airport, and drainage infrastructure projects Prepare geometric layouts of planned improvements Perform earthwork and quantity calculations, estimate unit bid prices and prepare list of bid items Perform hydrologic, hydraulic and other calculations as necessary for the design of drainage, flood control, and clean water treatment and flood control improvements Prepare Design Exception Fact Sheets when necessary Appendix A On Call Civil Engineering Services) Page 3 of 5) Contra Costa County Standard Form (Appendix A to CSA) On Call Civ Eng Services Revised 2011 Project Name: On -Call LDE Project No.: Various Provide necessary engineering and design information to Agency staff in support of environmental compliance and regulatory permitting Prepare construction plans and special provisions, with the following types of plan sheets, as applicable, and submit them to Agency for review at 35%, 65%, 95% and 100% completion, unless otherwise instructed by Agency Plans will include one or more of the following types of plan sheets, as specified by Agency: Title Sheet Typical Cross Sections Key Map and Line Index Layout Profile and Superelevation Diagram Construction Details d• Contour Grading Plans Drainage Plans and Profiles Utility Plan Pavement Delineation and Traffic Signage Plan Construction Staging Plan Traffic Handling Plan Signing and Striping Plan Median Curb Plan and Profile Curb Return Profiles Demolition Plan Provide final reproducible hardcopies and electronic files of plans (Microstation file format) and special provisions (Word file format) Prepare Project Study Reports Work with Agency staff to develop and adhere to a Task Order work time schedule that meets Agency's requirements Provide necessary management oversight and quality assurance to meet Task Order specified end product(s) (deliverables) within agreed schedule and budget Collect and review all relevant data necessary to perform Task Order Determine construction staging and traffic control plans PERFORMANCE STANDARDS Consultant shall perform civil engineering design services in compliance with the latest editions of design standards, including without limitation, Federal Aviation Administration (FAA) design standards, California Department of Transportation (Caltrans) Highway Design Manual, American Association of State Highway Transportation Officials' (AASHTO) "A Policy on Geometric Design of Highways and Streets", Agency design standards, and any additional standards referenced in the Task Order. Consultant shall also comply with Caltrans' format standards for all products, such as preliminary and/or final plans (hardcopy and electronic, CADD files), technical specifications, calculations, and cost estimates as required by each Task Order. Cost considerations will not be deemed justification for breach of sound principles of engineering design. Consultant will remain solely Appendix A On Call Civil Engineering Services) Page 4 of 5) Contra Costa County Project Name: On -Call LDE Standard Form (Appendix A to CSA) On Call Civ Eng Services Project No.: Various Revised 2011 responsible for the adequacy, fitness and correctness of design and all designing work in accordance with sound and accepted engineering principles despite Agency's approval or acceptance of reports, plans, specifications, and any other product prepared by Consultant under this Agreement. 6. PAYMENT DEMANDS Consultant shall submit a written demand or invoice for the services provided under each Task Order either (i) upon completion of the services described in the Task Order if the services take less than one month to complete; or (ii) monthly, if the services under a Task Order take more than one month to complete. In each case, Consultant shall describe the work performed and list, for each item of services, the employee categories, hours and rates (consistent with the rates shown on Appendix B). All payment demands and payments hereunder are subject to Section 11 of this Agreement, Payment. 7. NON-EXCLUSIVE AGREEMENT Consultant acknowledges that this Agreement is not exclusive and that Agency may, at any and all times during the term of this Agreement, obtain civil engineering and other types of services from any appropriate source. 8. TIME Consultant understands and agrees that time is of the essence in this Agreement. Consultant shall perform the services authorized under each Task Order expeditiously and with adequate forces and shall complete the services within the time specified in each Task Order. Appendix A On Call Civil Engineering Services) Page 5 of 5) Contra Costa County Project Name: On -Call LDE Standard Form (Appendix B to CSA) Revised 2011 Project No.: Various Appendix B to Consulting Services Agreement Payment Provisions, Project Personnel and Billing Rates PAYMENT PROVISIONS A. Payment for services will not exceed the billing rates set forth in this Appendix B and will be based on the actual hours worked (by Consultant and authorized subconsultants) and actual approved Other Direct Costs (described below) subject to the Payment Limit specified in Section 4 of this Agreement, Payment Limit. In addition, payments for services (including payments to Consultant for authorized subconsultants) and Other Direct Costs will not exceed the following amounts for each phase or period indicated below unless approved in advance in writing by the Department Head: 1. LDE On -Call Services: $250,000 (100% of Payment Limit) 2. Not Applicable: $ ( % of Payment Limit) 3. Not Applicable: $ ( % of Payment Limit) 4. Not Applicable: $ ( % of Payment Limit) B. Payment to Consultant for subconsultants authorized in advance by Agency in accordance with Section 21 of this Agreement, Assignment will be the amount equal to Consultant's direct costs, without handling mark ups. Consultant shall submit Subconsultant invoices as part of Consultant's bill for services. C. Payments for the extra work specified in Section 12 of this Agreement, Extra Work, shall be computed separately and shall not exceed any limits specified in Agency's written amendment describing the extra work and payment terms for the extra work. D. Subject to the Payment Limit in Section 4 of this Agreement, Payment Limit, Agency will reimburse the actual cost (without mark up) of documented expenditures by Consultant and its employees and authorized subconsultants for the Other Direct Costs listed below to the extent such Other Direct Costs were incurred to perform the services described in this Agreement: None E. All other expenses (i.e., those not listed under Paragraph D above) are not reimbursable and are deemed covered by the hourly billing rates set forth in Section II of this Appendix B. When any of the items listed under Paragraph D above are provided for Consultant's own use and not at Agency's request, expenses therefor are not reimbursable and are deemed covered by the hourly billing rates set forth in Section lI of this Appendix B. Agency will not pay for Consultant's and its subconsultants' time and expenses for transportation between Consultant's and its subconsultants' various offices. Costs for such transportation are deemed covered by the hourly billing rates set forth in Section lI of this Appendix B. Appendix B Page 1 of 2) Attachment 1 to Appendix B ENGINEERS INC CONTRA COSTA COUNTY - PUBLIC WORKS DEPARTMENT On -Call Land Development Engineering Consulting Services Hourly Billing Rate 8/17/20 to 7/1/2021 to 7/1/2022 to 7/1/2023 toMNSStaffStaffType 6/30/2021 6/30/2022 6/30/2023 6/30/2024 PROJECT MANAGEMENT Jeff Edwards----------------------------!Principal-In-Charge 3091 $ 321 1 $ 334 ' $ 348 7---------------i--------------T--------------T--- Paul Greenway, PE (Senior Protect Manager -- $ a---------- 281 1 $ 292 -- $ 3041 $ 316 Paul Goryl, PE Senior Project Manager I $ f-------------- 281 I $ 1-------------- 292 ! $ i--------------- 304 ! $ 316 LAND DEVELOPMENT PLAN CHECK Curtis Nay, PE T---....-------.--.•------..-..----y---------------T-------------- Plan Check Engineer ; $ 197 I $ 205 ! $ I 213 ; $ 222 Dale Lipp, PE !Senior Plan Check Engineer $ 259 I $ 269 I $ 280 1 $ 291 T--•--.-.--...----•7------.....----T-•-------- Craig Snell, QSD/QSP, CPESC --Permit Engineer -- $ 174 -- $ T...----------- 181$ 188$ 1966 SURVEY DOCUMENT REVIEW Mark Reinhardt, PLS Principal Surveyor r I 259 $ 269.,'-- o---T--------- r------- S^ne Sbec, , ,'Supervising $ I 2-9--1 - 265 Richard Sleeman III---------------- *Assistant Project Surveyor I $ 169 ; $ 1761 $ 183 I $ 190 T--------------------------------------- Mara Ueoka (Senior Land Title Analyst $ 185 $ 192 I $ 200 I $ 208 FLOODPLAIN, HYDROLOGY/HYDRAULICS, STORMWATER John Mukhar, PE a---------------------------------- Principal Engineer .. $ 259 -- $ 269 -- $ 280 1 $ 291 Tyler Hunt, PE _ _;Lead Engineer ; a-----------------------------i-------''-- 242 ; $ 252 ; $ 262 I $ 272 Kent Yankee, PE, QSD/QSP Senior Project Engineer ; $ y---_-___-__-___•-------..-----y..-.--.-------- 225 ; $ 234 ; $ 243 ; $ 253 Kurt Shellhause, PE, QSD/QSP --Project Engineer I 1971 $ 205 111 $ 213 $ 222 t---------------'' r-------------- Craig Snell, QSD/QSP, CPESC ..Permit Engineer .. 174t---------- g------------------- 11 $ 1 1811 $ 188 1 $ 19- Jose Silva, QSP, CPESC Senior Stormwater Specialist -- 169 1 $ 176 -- $ 183 .. i--------------- F---------------F--------------1- MaryZepeda, QSD/QSP, CPESC-IT --Senior Stormwater Specialist 1 169 -- $ 190 176 1 $ 183 1 $ 190 RAFFIC ENGINEERING, TRANSPORTATION PLANNING AND NOISE Ruta Jariwala, PE, TE (TJKM)*** Principal ; 281 ; $ 292 ; $ 304 ; $ 316 Chris Kinzel, PE, TE (TJKM)*** Principal ---------------- 281- -$ ------ 292- $....---304 - - 6 316 Colin Burgett (TJKM)*** T---------------------------------- 236-' SeniorProjectManager ;-$------- 245 ' $....---255-$-_----_265 Janice SpuHer (TJKM)*** Project Manager i $ 202 .. $ 210$ 218' 227 Prashanth Dullu ( TJKM)*** Project Manager 1 202 1 210 a ------- David Royer, PE, TE !Principal Traffic Engineer I $ 259 ; $ L 269 ; $ i ------- 227 280 ; $ 291 LANDSCAPE REVIEW/ INSPECTION Ron Milligan, PLA Landscape Architect ! $ 197 ; $ 205 ! $ 213 ; $ 222 TRUCTAJF,A Greg Rende, PE Principal Engineer -- i---------------+---------------F-- 259 1 $ 269 1 $ 280 .. $ 291 Kent Yankee, PE, QSD/QSP !Senior Project Engineer ! $ 225 ! $ 234 ! $ 243 ! $ 253 RECOMMENDATION(S): ADOPT Resolution No. 2020/290 accepting completion of the warranty period for the Subdivision Agreement, and release of cash deposit for faithful performance, subdivision SD08-09247, for a project developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II) FISCAL IMPACT: 100% Developer Fees BACKGROUND: The public road improvements have met the guaranteed performance standards for the warranty period following completion and acceptance of the improvements. CONSEQUENCE OF NEGATIVE ACTION: The developer will not receive a refund of the cash deposit, the Subdivision Agreement and performance surety bond will not be exonerated, and the billing account will not be liquidated and closed. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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: November 17, 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, Sherri Reed, Michael Mann- Finance, Chris Hallford -Mapping , Ruben Hernandez - DCD, Chris Low - City of San Ramon, Shapell Homes, a Division of Shapell Industries, Inc., Western Surety Company C. 6 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 17, 2020 Contra Costa County Subject:Accepting completion of warranty period for the Subdivision Agreement for subdivision SD08-09247, San Ramon (Dougherty Valley) area. AGENDA ATTACHMENTS Resolution No. 2020/290 MINUTES ATTACHMENTS Signed: Resolution No. 2020/290 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/17/2020 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2020/290 IN THE MATTER OF: Accepting completion of warranty period for the Subdivision Agreement, and release of cash deposit for faithful performance, subdivision SD08-09247, for a project developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II) WHEREAS, on July 12, 2016, this Board resolved that the improvements in subdivision SD08-09247 were completed as provided in the Subdivision Agreement with Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation and now on the recommendation of the Public Works Director; The Board hereby FINDS that the improvements have satisfactorily met the guaranteed performance standards for the period following completion and acceptance. NOW, THEREFORE, BE IT RESOLVED that the Public Works Director is AUTHORIZED to: REFUND the $25,000.00 cash deposit (Auditor’s Deposit Permit No. 673116, dated November 25, 2014) plus interest to Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation in accordance with Government Code Section 53079, if appropriate, Ordinance Code Section 94-4.406, and the subdivision agreement. BE IT FURTHER RESOLVED that upon completion of the warranty and maintenance period, the San Ramon City Council shall accept the civil improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the warranty period has been completed and the Subdivision Agreement and surety bond, Bond No. 58719762, Dated September 29, 2014, issued by Western Surety Company, are EXONERATED. 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: November 17, 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, Sherri Reed, Michael Mann- Finance, Chris Hallford -Mapping , Ruben Hernandez - DCD, Chris Low - City of San Ramon, Shapell Homes, a Division of Shapell Industries, Inc., Western Surety Company RECOMMENDATION(S): ADOPT Resolution No. 2020/293 accepting completion of the warranty period, and release of cash deposit for faithful performance, for road acceptance RA12-01250 (cross-reference subdivision SD14-09341), for a project developed by Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II) FISCAL IMPACT: 100% Developer Fees. BACKGROUND: The public road improvements have met the guaranteed performance standards for the warranty period following completion and acceptance of the improvements. CONSEQUENCE OF NEGATIVE ACTION: The developer will not receive a refund of the cash deposit, the Subdivision Agreement and performance/maintenance surety APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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: November 17, 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, Ronald Lai, Engineering Services, Sherri Reed, Michael Mann- Finance, Joshua Laranang- Engineering Services, Chris Hallford -Mapping , Ruben Hernandez - DCD, Shapell Industries, Inc., a Delaware Corp., North American Specialty Insurance Company C. 7 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 17, 2020 Contra Costa County Subject:Accepting completion of warranty period for Subdivision Agreement for road acceptance RA12-01250, San Ramon (Dougherty Valley) area. CONSEQUENCE OF NEGATIVE ACTION: (CONT'D) bond will not be exonerated, and the billing account will not be liquidated and closed. AGENDA ATTACHMENTS Resolution No. 2020/293 MINUTES ATTACHMENTS Signed: Resolution No. 2020/293 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/17/2020 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2020/293 IN THE MATTER OF: Accepting completion of warranty period, and release of cash deposit for faithful performance, road acceptance RA12-01250 (cross-reference subdivision SD14-09341), for a project developed by Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II) WHEREAS, on November 15, 2016, this Board resolved that the improvements in road acceptance RA12-01250 (cross-reference SD14-09341) were completed as provided in the Road Improvement Agreement with Shapell Industries, Inc., a Delaware Corporation and now on the recommendation of the Public Works Director; The Board hereby FINDS that the improvements have satisfactorily met the guaranteed performance standards for the period following completion and acceptance. NOW, THEREFORE, BE IT RESOLVED that the Public Works Director is AUTHORIZED to: REFUND the $27,000.00 cash deposit (Auditor’s Deposit Permit No. DP694126, dated September 17, 2015) plus interest to Shapell Industries, Inc., a Delaware Corporation, in accordance with Government Code Section 53079, if appropriate, Ordinance Code Section 94-4.406, and the Road Improvement Agreement. BE IT FURTHER RESOLVED that upon completion of the warranty and maintenance period, the San Ramon City Council shall accept the civil improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. BE IT FURTHER RESOLVED that the warranty period has been completed and the Road Improvement Agreement and surety bond, Bond No. 2177749, dated August 26,2015, issued by North American Specialty Insurance Company, are EXONERATED. 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: November 17, 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, Ronald Lai, Engineering Services, Sherri Reed, Michael Mann- Finance, Joshua Laranang- Engineering Services, Chris Hallford -Mapping , Ruben Hernandez - DCD, Shapell Industries, Inc., a Delaware Corp., North American Specialty Insurance Company RECOMMENDATION(S): RECEIVE this report concerning the final settlement of Mary McCaslin-Curry and AUTHORIZE payment from the Workers' Compensation Internal Service Fund in an amount not to exceed $425,000, less permanent disability advances. FISCAL IMPACT: Workers' Compensation Internal Service Fund payment of $425,000, less permanent disability advances. BACKGROUND: Attorney Greg M. Stanfield, defense counsel for the County, has advised the County Administrator that within authorization an agreement has been reached settling the workers' compensation claim of Mary McCaslin-Curry vs. Contra Costa County. The Board's November 3, 2020, closed session vote was: Supervisors Gioia, Andersen, Burgis, Mitchoff and Glover - Yes. This action is taken so that the terms of this final settlement and the earlier November 3, 2020, closed session vote of this Board authorizing its negotiated settlement are known publicly. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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 Caoile 335-1400 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 8 To:Board of Supervisors From:Karen Caoile, Director of Risk Management Date:November 17, 2020 Contra Costa County Subject:Final Settlement of Claim, Mary McCaslin-Curry v. Contra Costa County CONSEQUENCE OF NEGATIVE ACTION: Case will not be settled. RECOMMENDATION(S): DENY claims filed by Dalen I. Marsh, Kathryn Stabulis, and Perry Williams, et al. FISCAL IMPACT: No fiscal impact. BACKGROUND: Dalen I. Marsh: Property claim for damage to vehicle arising out of a vehicle accident in an amount to be determined. Kathryn Stabulis: Property claim for damage to vehicle caused by road condition in the amount of $731.73 Perry Williams, et al.: Personal injury claim for injuries sustained in altercation in an amount to exceed $25,000 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 9 To:Board of Supervisors From:David Twa, County Administrator Date:November 17, 2020 Contra Costa County Subject:Claims RECOMMENDATION(S): APPROVE Board meeting minutes for January and February 2020, as on file with the Office of the Clerk of the Board. FISCAL IMPACT: No fiscal impact. BACKGROUND: Government Code Section 25101(b) requires the Clerk of the Board to keep and enter in the minute book of the Board a full and complete record of the proceedings of the Board at all regular and special meetings, including the entry in full of all resolutions and of all decisions on questions concerning the allowance of accounts. The vote of each member on every question shall be recorded. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Joellen Bergamini 925.655.2000 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 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:David Twa, County Administrator Date:November 17, 2020 Contra Costa County Subject:APPROVE the Board meeting minutes for January and February 2020 RECOMMENDATION(S): ACCEPT Board members meeting reports for October 2020. FISCAL IMPACT: No fiscal impact. BACKGROUND: Government Code section 53232.3(d) requires that members of legislative bodies report on meetings attended for which there has been expense reimbursement (mileage, meals, lodging ex cetera). The attached reports were submitted by the Board of Supervisors members in satisfaction of this requirement. Districts I and V have nothing to report. CONSEQUENCE OF NEGATIVE ACTION: The Board of Supervisors will not be in compliance with Government Code 53232.3(d). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Joellen Bergamini 925.655.2000 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 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:David Twa, County Administrator Date:November 17, 2020 Contra Costa County Subject:ACCEPT Board members meeting reports for October 2020 ATTACHMENTS District IV October 2020 Report District II October 2020 Report District III October 2020 Supervisor Karen Mitchoff October 2020 DATE MEETING NAME LOCATION PURPOSE 10/13/20 Board of Supervisors Meeting Martinez Decisions on agenda items 10/27/20 Board of Supervisors Meeting Martinez Decisions on agenda items Supervisor Candace Andersen – Monthly Meeting Report October 2020 Date Meeting Location 1-2 Daily Staff meeting Zoom meeting 1 CCHS Briefing Phone conf 1 MP&L County Connection Zoom Meeting 2 SR Mayors Conf Zoom Meeting 2 LWV Event Zoom Meeting 5 SWAT Zoom Meeting 5-9 Daily Staff Meet Zoom meeting 6 Hap Magee Ribbon Cutting Danville 7 Moraga SIRS Zoom Meeting 7 EB EDA Oakland 8 Rltr Market Assoc Zoom Meeting 8 EBEDA Exec Comm Zoom Meeting 8 CCCSWA Zoom Meeting 12 TWIC Zoom Meeting 12 Internal Ops Zoom Meeting 12-16 Staff meeting daily Zoom Meeting 13 BOS Meeting Zoom Meeting 13 Lafayette City Council Zoom Meeting 14 CCCERA Zoom Meeting 14 LAFCO Zoom Meeting 14 Juvenile Justice Zoom Meeting 15 CCHS Briefing Phone conf 15 CCCTA Zoom meeting 15 COVID Ad hoc Zoom meeting 15 ABAG Housing Committee Zoom meeting 19 Alamo Liaison Zoom meeting 15 Census Committee Zoom meeting 19 TVTC Zoom meeting 19-23 Daily Staff Meeting Zoom meeting 20 BOS meeting Zoom meeting 22 CCHS Brieifing Phone conf 22 CCCSWA Zoom meeting 23 Citizen Corp Zoom meeting 26 Public Protection Zoom meeting 26-30 Staff meeting Zoom meeting 27 CAO interviews Zoom meeting 28 CCCERA Zoom meting 29 CCHS call phone call 29 Family & Human Services Zoom meeting Supervisor Candace Andersen – Monthly Meeting Report October 2020 Date Meeting Name Location 1-Oct Meeting with Health Services Via Phone 1-Oct Local RAN Board Meeting Web Meeting 1-Oct Meeting with Choice In Aging Web Meeting 2-Oct Meeting with CSAC and Alpine County Supervisors Woodrow and Griffiths Via Phone 6-Oct Three Creeks Video Project Brentwood 7-Oct Meeting with CAB Ambassadors for District 3 Web Meeting 7-Oct Mental Health Commission Meeting Web Meeting 8-Oct Meeting with Health Services Via Phone 8-Oct Meeting with Chief Probation Officer, Esa Ehmen- Krause Via Phone 8-Oct Constituent Meeting Web Meeting 8-Oct East Contra Costa County Regional Fee and Finance Authority Meeting Web Meeting 12-Oct Internal Operations Committee Meeting Web Meeting 13-Oct Board of Supervisors Meeting Web Meeting 13-Oct Contra Costa County Fire Protection District Meeting Web Meeting 14-Oct LAFCO Meeting Web Meeting 15-Oct Meeting with Health Services Via Phone 15-Oct Meeting with Oakley Police Chief Dean Capelletti Web Meeting 15-Oct Meeting with CHP Commander Ben Moser Web Meeting 15-Oct Meeting with FM3 Research Web Meeting 15-Oct Meeting with Richmond Community Foundation Web Meeting 16-Oct Delta Counties Coalition Meeting Via Phone 16-Oct East Contra Costa County Habitat Conservancy Web Meeting 16-Oct Pre-Recording for Veterans Day Ceremony Martinez 16-Oct Family Justice Center Special Board Meeting Web Meeting 19-Oct 2020 Census Meeting Web Meeting 19-Oct Meeting with County Staff Web Meeting 20-Oct Board of Supervisors Meeting Web Meeting 21-Oct Meeting with County Administrator, David Twa Via Phone 21-Oct Meeting with First 5 Via Phone 22-Oct Meeting with Health Services Via Phone 26-Oct CCRMC Reopening 4D Web Meeting 27-Oct Board of Supervisors Special Meeting Web Meeting 28-Oct Tri Delta Transit Meeting Web Meeting 29-Oct Meeting with Health Services Via Phone Supervisor Diane Burgis - October 2020 AB1234 Report (Government Code Section 53232.3(d) requires that members legislative bodies report on meetings attended for which there has been expense reimbursement (mileage, meals, lodging, etc). 29-Oct Meeting with Discovery Bay CSD Director, Ashley Porter Web Meeting 29-Oct Constituent Meeting Via Phone 29-Oct Disabled American Veterans 100 Year Celebration Antioch * Reimbursement may come from an agency other than Contra Costa County Purpose Meeting Meeting Meeting Meeting Meeting Meeting Meeting Meeting Meeting Meeting Meeting Meeting Meeting Meeting Meeting Meeting Meeting Meeting Meeting Meeting Meeting Meeting Meeting Meeting Meeting Meeting Meeting Meeting Meeting Meeting Community Outreach Meeting Meeting Meeting Supervisor Diane Burgis - October 2020 AB1234 Report (Government Code Section 53232.3(d) requires that members legislative bodies report on meetings attended for which there has been expense reimbursement (mileage, meals, lodging, etc). Meeting Meeting Community Outreach * Reimbursement may come from an agency other than Contra Costa County APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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: Colleen Awad, 925-521-7100 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Joellen Bergamini, Deputy cc: C. 12 To:Board of Supervisors From:Karen Mitchoff, District IV Supervisor Date:November 17, 2020 Contra Costa County Subject:In the Matter of Honoring Leslie Stewart, Contra Costa County Hazardous Materials Commissioner on the Occasion of her Retirement ATTACHMENTS Resolution 2020/295 In the matter of:Resolution No. 2020/295 In the Matter of Honoring Leslie Stewart, Contra Costa County Hazardous Materials Commissioner on the Occasion of her Retirement WHEREAS, Commissioner Leslie Stewart, representing the League of Women Voters, was a charter member of the Hazardous Materials Commission when it was formed in 1986; and WHEREAS, Commissioner Leslie Stewart was Chairperson of the Hazardous Materials Commission from 1995 to 2004; and WHEREAS, during her tenure as Chairperson, the Hazardous Materials Commission provided valuable advice to the Board of Supervisors on many complex and contentious issues, most notably the creation and implementation of the County’s Industrial Safety Ordinance and its predecessors; and WHEREAS, during her tenure as Chairperson, Leslie Stewart led the Hazardous Materials Commission through a comprehensive process to author an Environmental Justice Report in 2000 that paved the way for the adoption of the County’s Environmental Justice policy; and WHEREAS, after stepping down as Chairperson she served as an alternate for the League of Women Voters to the Hazardous Materials Commission from 2005 to 2007; and WHEREAS, she returned to the Commission in July of 2009, as the primary representative for the League of Women Voters and has served in that role ever since; and WHEREAS, Leslie Stewart served with integrity and commitment and established a culture within the Commission that is a fair and inviting forum for discussion and debate, with the aim of creating thoughtful and balanced recommendations to the Board of Supervisors. NOW, THEREFORE, BE IT RESOLVED that the Contra Costa County Board of Supervisors recognizes Leslie Stewart for over three decades of service on the Contra Costa County Hazardous Materials Commission and is grateful for her dedication and service to the safety of our community. ___________________ CANDACE ANDERSEN Chair, District II Supervisor ______________________________________ JOHN GIOIA DIANE BURGIS 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: November 17, 2020 David J. Twa, By: ____________________________________, Deputy APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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: 925-521-7100 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Joellen Bergamini, Deputy cc: C. 13 To:Board of Supervisors From:Karen Mitchoff, District IV Supervisor Date:November 17, 2020 Contra Costa County Subject:Honoring Julie Pierce for Her 33 Years of Public Service on the Occasion of Her Retirement ATTACHMENTS Resolution 2020/310 In the matter of:Resolution No. 2020/310 Honoring Julie Pierce for Her 33 Years of Public Service on the Occasion of Her Retirement WHEREAS, Mayor Julie Pierce began her distinguished career in public service when she joined the planning commission of the City of Clayton in 1987, serving until December of 1992; and WHEREAS, Mayor Pierce ran for her first term on the Clayton City Council in 1992, and has been a leader in her community over her 28 years as a member of the City Council, serving her last term as Mayor in 2020, skillfully navigating the challenges arising amidst a pandemic and social unrest; and WHEREAS, Mayor Pierce’s experience and steady leadership has been an asset not only to the City of Clayton, but to Contra Costa County, and our Bay Area Region at-large; and WHEREAS, Mayor Pierce has served 28 years as a Commissioner on the board of the Contra Costa Transportation Authority, as well as 33 years as a Commissioner to TRANSPAC —Transportation Partnership and Cooperation. In each role, she has helped to comprehensively plan for the future needs of transportation in our community; and WHEREAS, in her role as chair of Contra Costa’s Shaping our Future Policy Committee, Mayor Pierce brought together elected officials and stakeholders at the city and county level to develop a plan to strengthen the linkages between housing needs, jobs and transportation infrastructure; and WHEREAS, serving a combined 7 years both as President and Vice President of the Association of Bay Area Governments, as well as 9 years as delegate to the Contra Costa County Mayor’s Conference, Mayor Pierce has brought steady and forward-thinking leadership to our regional planning and governance; and WHEREAS, in each of these roles, Mayor Pierce has played an integral role in fostering consensus among divergent views, and has served as a steadfast leader for her city, county, region and state—working tirelessly to forge meaningful partnerships between each level of government over her 33 years of service to the community. that the Contra Costa County Board of Supervisors recognizes Julie Pierce on the occasion of her retirement from the Clayton City Council and honors her hard work and dedication to good governance at all levels of government and thoughtful planning for the future of our community. ___________________ CANDACE ANDERSEN Chair, District II Supervisor ______________________________________ JOHN GIOIA DIANE BURGIS 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: November 17, 2020 David J. Twa, By: ____________________________________, Deputy RECOMMENDATION(S): APPOINT Sarah Gurdian to the Environmental Justice seat to complete the unexpired term ending on December 31, 2021; and APPOINT Heather Youngs to the Environmental Justice Alternate seat, Don Bristol to the Business 3 seat, Marj Leeds to the Business 3 Alternate seat, Stephen Linsley to the Environmental Organizations 3 seat, and Lisa Park to the Environmental Organizations 3 Alternate seat on the Hazardous Materials Commission, to terms ending on December 31, 2024. FISCAL IMPACT: None. BACKGROUND: The Hazardous Materials Commission was established in 1986 to advise the Board, County Staff and the mayor’s council members, and staffs of the cities within the County, on issues related to the development, approval and administration of the County Hazardous Waste Management Plan. Specifically, the Board charged the Commission with drafting a Hazardous Materials Storage and Transportation Plan and Ordinance, coordinating the implementation of the Hazardous Materials Release Response Plan and inventory program, and to analyze and develop recommendations regarding hazards materials issues with consideration to broad public input, and report back to the Board on Board referrals. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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) 655-2056 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Hazardous Materials Program, CAO C. 14 To:Board of Supervisors From:INTERNAL OPERATIONS COMMITTEE Date:November 17, 2020 Contra Costa County Subject:RECOMMENDATIONS FOR APPOINTMENT TO THE HAZARDOUS MATERIALS COMMISSION BACKGROUND: (CONT'D) The terms of Business Seat #3 and Business Seat #3 Alternate expire on December 31, 2020. The bylaws of the Commission provide that Business Seat #3 and its alternate be nominated by the Contra Costa Taxpayers Association, screened by the Internal Operations Committee and appointed by the Board of Supervisors. The Contra Costa Taxpayers Association has re-nominated Don Bristol or this seat and has re-nominated Marj Leeds for the alternate seat. Their applications and letters of support are attached. The terms for these seats expire on December 31, 2024. The bylaws of the Commission provide that all applicants to any of the two “Environmental Organization” seats be nominated by an environmental organization, but that no particular environmental organization will have an exclusive right to nominate an individual to any one of the two aforesaid seats or their alternates, and therefore, which environmental organizations are represented on the Hazardous Materials Commission rests with the Internal Operations Committee and ultimately the Board of Supervisors. The bylaws of the Commission were amended on July 14, 2020 to add an Environmental Justice Seat and alternate. The bylaws provide that applicants be a layperson from a community that is highly impacted and burdened by hazardous materials facilities and releases, who will be able to represent community interests, screened by the Internal Operations Committee, and appointed by the Board of Supervisors. The Commission advertised for all of the vacant seats from September 3 to September 30, 2020. Following a preliminary review by a Commission membership committee, the full Commission voted 10-0 to recommend these proffered candidates. The applications and any letters of support for candidates are attached, as well as the promotional materials that were developed to advertise these seats. The Board's Internal Operations Committee reviewed and approved the recommended appointments at its November 9, 2020 meeting. ATTACHMENTS HMC Environmental Organizations Media Release HMC Environmental Justice Media Release Candidate Applications_Environmental Justice Seats_HMC Letter of Recommendation for Lisa Park Candidate Applications_Environmental Justice Seats_HMC Candidate Applications_Business Seats_HMC ! Serving Alameda, Contra Costa, Marin and San Francisco counties October 28, 2020 To the Contra Costa County Hazardous Materials Commission: The Sierra Club SF Bay Chapter and the Chapter’s West Contra Costa County Group nominate Lisa Park to represent the Sierra Club in the position of Environmental Seat Alternate. Lisa has been a longtime Sierra Club member and has been an active volunteer for the last several years. We would like her to be a voice in the Commission for the Club’s goals and to inform us of the Commission’s activities. Thank you, Virginia Reinhart 
 Acting Director 
 San Francisco Bay Chapter 2530 San Pablo Ave., Suite I, Berkeley, CA 94702 Tel. (510) 848-0800 Email: info@sfbaysc.org RECOMMENDATION(S): REAPPOINT Dean E. Barbieri to the Member of the Bar seat on the Public Law Library Board of Trustees to a new one-year term expiring on December 31, 2021. FISCAL IMPACT: None. BACKGROUND: The Public Law Library Board of Trustees was established by State law and County Ordinance to maintain a law library in Martinez. The Law Library also operates a branch library in Richmond. The Board of Trustees is the governing body for the Law Library with the authority to determine personnel, fiscal, and administrative policies to fulfill the legal information needs of the community. The Internal Operations Committee annually reviews the appointment to the Member of the Bar seat, which term expires each December 31. Staff opened a four-week recruitment for the Member of the Bar seat (see attached media release) on September 25 and received one application from incumbent Dean E. Barbieri, whose current letter of interest and original resume are attached hereto. At its November 9, 2020 meeting, the Board's Internal Operations Committee reviewed and approved Mr. Barbieri's reappointment. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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) 655-2056 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Law Library, CAO C. 15 To:Board of Supervisors From:INTERNAL OPERATIONS COMMITTEE Date:November 17, 2020 Contra Costa County Subject:RECOMMENDATION FOR APPOINTMENT TO THE PUBLIC LAW LIBRARY BOARD OF TRUSTEES ATTACHMENTS Media Release Public Law Library Letter on Interest_Dean Barbieri Contra Costa County County Administrator’s Office • 1025 Escobar St. • Martinez, CA 94553 • www.contracosta.ca.gov Media Release FOR IMMEDIATE RELEASE Contact: Julie DiMaggio Enea Friday, September 25, 2020 Phone: (925) 655-2056 Email: julie.enea@cao.cccounty.us WOULD YOU LIKE TO SERVE ON THE CONTRA COSTA COUNTY PUBLIC LAW LIBRARY BOARD OF TRUSTEES ? The Contra Costa County Board of Supervisors is seeking applicants for the Public Law Library Board of Trustees. The Board of Trustees was established pursuant to State law and County Ordinance to maintain a law library in Martinez and a branch library in Richmond. The Board of Trustees is the governing body for the Law Library with the aut hority to determine personnel, fiscal, and administrative policies to fulfill the legal information needs of the community. County residents who are members of the State Bar and have an interest in public policy and library administration are encouraged to apply for this non-paid volunteer opportunity. The County Board of Supervisors will appoint to fill one vacancy for a one-year term beginning January 1, 2021 and ending on December 31, 20 21. The Board of Trustees normally meets on the last Thursday of the month at 12:15 p.m. in Martinez. Application forms can be obtained from the Clerk of the Board of Supervisors by calling (925) 655-2000 or the application can be completed on line by visiting the County website at https://www.contracosta.ca.gov/3418. Applications should be returned to the Clerk o f the Board of Supervisors, County Administration Building, 1025 Escobar St., Martinez, CA 94553 no later than by 5 p.m. on Friday, October 23, 2020. Applicants should plan to be available for public interviews in Martinez on Monday, November 9, 2020 . Due to COVID -19, interviews will likely be conducted telephonically. More information about the Contra Costa Public Law Library can be obtained by calling Carey Rowan at (925) 646-2783 or visiting the Law Library website at http://www.cccpllib.org . # # # # RECOMMENDATION(S): REAPPOINT Neil Tsutsui to the Board of Supervisors Appointee seat on the East Bay Regional Parks District Park Advisory Committee for a new two-year term that will expire on December 31, 2022. FISCAL IMPACT: None. EBRPD Park Advisory Committee members are not compensated. BACKGROUND: The Park Advisory Committee (PAC) is a 21-member citizens' advisory group appointed by the East Bay Regional Park District Board of Directors. Candidates are nominated by individual Park District Board members and a variety of other public entities, such as the Mayors' Conference, Board of Supervisors, and Special District Chapters of Alameda and Contra Costa Counties. The PAC studies issues and makes recommendations and comments on a spectrum of policy issues, such as grazing, dogs, horses and bikes in parks, the Park District budget, naming park facilities, park land use plans, new concessions, and more. Members are appointed for two-year terms and may serve a total of four consecutive terms, or eight years. Meetings are held monthly in Oakland. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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) 655-2056 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 , County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Neil Tsutsui, EBRPD, CAO C. 16 To:Board of Supervisors From:INTERNAL OPERATIONS COMMITTEE Date:November 17, 2020 Contra Costa County Subject:RECOMMENDATION FOR APPOINTMENT TO THE EAST BAY REGIONAL PARK DISTRICT PARK ADVISORY COMMITTEE BACKGROUND: (CONT'D) In May 2017, Neil Tsutsui (El Cerrito) was appointed to the Board of Supervisors Appointee seat to complete the unexpired term of the seat vacated by Colin Coffey, when he was appointed to the EBRPD Board of Directors. Mr. Tsutsui was reappointed to a second term on January 1, 2019 that will expire on December 31, 2020. Staff initiated a four-week recruitment with the attached press release on September 25, 2020. Two applications were received, but one applicant later withdrew his application. At its November 9, 2020 meeting, the Board's Internal Operations Committee reviewed and approved Mr. Tsutsui's reappointment. ATTACHMENTS Press Release_East Bay Regional Parks District Candidate Applications_Neil Tsutsui_EBRPD PAC Contra Costa County County Administrator’s Office • 1025 Es cobar St. • Martinez, CA 94553 • www.contracosta.ca.gov Media Release FOR IMMEDIATE RELEASE Contact: Julie DiMaggio Enea Friday, September 25, 2020 Phone: (925) 655-2056 Email: julie.enea@cao.cccounty.us WOULD YOU LIKE TO SERVE ON THE EAST BAY REGIONAL PARKS DISTRICT PARK ADVISORY COMMITTEE ? The Contra Costa County Board of Supervisors is seeking an individual who is interested in park land use to represent the County on the East Bay Regional Parks District Park Advisory Committee (PAC). The PAC is a 21-member citizens' advisory group that studies issues and makes recommendations and comments on myriad policy issues, such as grazing, dogs, horses and bikes in parks, the Park District budget, naming of park facilities, park land use plans, new concessions, and more. Members are appointed for two-year terms and may serve a total of four consecutive terms, or eight years. The term of office for this app ointment will be January 1, 2021 - December 31, 2022. Service is voluntary and members receive no compensation. Meetings are held in the evenings on the fourth Monday of each month at the Park District Headquarters in Oa kland. Appli cation forms for the Contra Costa County seat can be obtained from the Clerk of the Board of Supervisors by calling (925) 655-2000, or the application can be completed on line by visiting the County website at https://www.contracosta.ca.gov/3418. Applications should be submitted to the Clerk of the Board of Supervisors, County Administration Building, 1025 Escobar St., Martinez, CA 94553, no later than 5:00 p.m. on Friday, October 23, 2020. Applicants should plan to be available for public interviews in Martinez on Monday, November 9, 2020. Due to COVID -19, interviews may be conducted telephonically. More information about the Park Advisory Committee can be obtained by calling Erich Pfuehler at the East Bay Regional Parks District at (510) 544 -2006. # # # # Submit Date: Oct 17, 2020 First Name Middle Initial Last Name Home Address Suite or Apt City State Postal Code Primary Phone Email Address Contra Costa County Boards & Commissions Application Form Profile Which supervisorial district do you live in? District 1 Education Select the option that applies to your high school education * High School Diploma College/ University A Name of College Attended Boston University Degree Type / Course of Study / Major Biology, specialization in Marine Science Degree Awarded? Yes No College/ University B Name of College Attended UC San Diego Neil D Tsutsui El Cerrito CA 94530 Neil D Tsutsui Page 1 of 4 Degree Type / Course of Study / Major Ecology, Behavior, and Evolution Degree Awarded? Yes No College/ University C Name of College Attended Degree Type / Course of Study / Major Degree Awarded? Yes No Other schools / training completed: Course Studied Hours Completed Certificate Awarded? Yes No Board and Interest Which Boards would you like to apply for? East Bay Regional Park District's Park Advisory Committee - BOS Appointee: Submitted Seat Name Have you ever attended a meeting of the advisory board for which you are applying? Yes No If you have attended, how many meetings have you attended? I have attended nearly every meeting since my appointment to this board in June 2017 Neil D Tsutsui Page 2 of 4 Upload a Resume Please explain why you would like to serve on this particular board, commitee, or commission. I am currently in my third term as a member of the EBRPD Parks Advisory Committee, and am therefore well-versed in the current issues of importance in the District. I am passionate about protecting our wildlands and open spaces while increasing access to all people for recreation. I have extensive professional experience in science education and biological research, and thus have relevant expertise for this committee. Qualifications and Volunteer Experience I would like to be considered for appointment to other advisory boards for which I may be qualified. Yes No Are you currently or have you ever been appointed to a Contra Costa County advisory board, commission, or committee? Yes No List any volunteer or community experience, including any advisory boards on which you have served. EAST BAY REGIONAL PARK DISTRICT, Parks Advisory Committee. Appointed by Contra Costa County Board of Supervisors. June 2017–Dec. 2020. Sierra Club, West Contra Costa Chapter. Vice-chair, May 2020-present. El Cerrito Environmental Quality Committee (2017-present; Vice-chair, 2019-2020; Chair, 2020-present). Describe your qualifications for this appointment. (NOTE: you may also include a copy of your resume with this application) As a professor of Environmental Science, Policy, and Management at UC Berkeley, I am keenly aware of the environmental challenges that we face today, and I am well-versed in a variety of topics related to ecology and global change. I currently serve as the Contra Costa County BOS representative on the PAC, and I have previously served on many University committees related to personnel, instruction, research, budgets, etc. at the levels of department, college, campus, and UC-wide. I believe that effective engagement with a variety of different user groups is crucial for the continued support of the parks, and that this engagement benefits society generally. In particular, I am interested in continuing to support and develop collaborations between the parts and student groups (university and K12), research scientists, and individuals from underrepresented groups. I have extensive experience collaborating on complex projects, and achieving measurable results within budgetary guidelines and on time. I oversee a medium- sized research lab at UC Berkeley I have been funded continuously with competitive federal and state grants. Conflict of Interest and Certification Tsutsui_CV_Oct2020.pdf Neil D Tsutsui Page 3 of 4 Do you have a Familial or Financial Relationship with a member of the Board of Supervisors? Yes No If Yes, please identify the nature of the relationship: Do you have any financial relationships with the County such as grants, contracts, or other economic relations? Yes No If Yes, please identify the nature of the relationship: Please Agree with the Following Statement I certify that the statements made by me in this application are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I acknowledge and undersand that all information in this application is publicly accessible. I understand that misstatements and/or omissions of material fact may cause forfeiture of my rights to serve on a board, committee, or commission in Contra Costa County. I Agree Neil D Tsutsui Page 4 of 4 Tsutsui, Neil D. Curriculum Vitae 1 CURRICULUM VITAE (abbreviated) NEIL DURIE TSUTSUI Professor and Michelbacher Chair University of California, Berkeley Department of Environmental Science, Policy & Management 130 Mulford Hall, #3114 Berkeley CA 94720-3114 EDUCATION Boston University, September 1994 BA in Biology, specialization in Marine Science. University of California, San Diego – Department of Biology PhD in Biology, September 2000 Dr. Ted J. Case – Thesis advisor PROFESSIONAL APPOINTMENTS University of California, Berkeley Department of Environmental Science, Policy & Management Abraham E. & Martha M. Michelbacher Chair in Systematic Entomology, 2017-present Professor, 2014-present Affiliate Faculty, Essig Museum of Entomology, 2007-present Vice Chair for Instruction, 2010-2012, 2014-2015 Associate Professor, 2009-2014 Assistant Professor, 2007-2009 University of California, Irvine Department of Ecology and Evolutionary Biology Assistant Professor, 2003-2007 University of California, Davis Post-doctoral Associate, 2000-2003 Section of Evolution and Ecology, Center for Population Biology Dr. Richard K. Grosberg – Advisor 20 MOST RECENT PEER-REVIEWED PUBLICATIONS (of 70 total) Tonione, M. A., K. Bi, and N. D. Tsutsui. 2020. Transcriptomic signatures of cold adaptation and heat stress in the thermally sensitive winter ant (Prenolepis imparis). PLOS ONE 15(10): e0239558 https://doi.org/10.1371/journal.pone.0239558 Sánchez-Restrepo, A. F., L. Chifflet, V. A. Confalonieri, N. D. Tsutsui, M. A. Pesquero, and L. A. Calcaterra. 2020. Species delimitation and molecular phylogenetics of South American fire ant decapitating flies (Diptera: Phoridae: Pseudacteon). PLOS ONE 15(7):e0236086. Adams, S. A. and N. D. Tsutsui. 2020. The evolution of species recognition labels in insects. PHILOSOPHICAL TRANSACTIONS ROYAL SOCIETY LONDON B. 375: 20190476. Tsutsui, Neil D. Curriculum Vitae 2 Tonione, M. A., S. Cho, G. Richmond, C. Irian, N. D. Tsutsui. 2020. Thermal acclimation ability differs between high- and low- elevation populations of the winter ant, Prenolepis imparis. ECOLOGY & EVOLUTION 8 :11385-11398. Naughton, I., C. Boser, N. D. Tsutsui, and D. A. Holway. 2020. Direct evidence of native ant displacement by the Argentine ant in island ecosystems. BIOLOGICAL INVASIONS 22:681-691. Felden, A., C. I. Paris, D. G. Chapple, A. V. Suarez, N. D. Tsutsui, P. J. Lester, and M. A. M. Gruber. 2019. Native and introduced Argentine ant populations are characterised by distinct transcriptomic signatures associated with behaviour and immunity. NEOBIOTA. 49:105-126. Buellesbach, J., B. A. Whyte, B., E. Cash, J. D. Gibson, K. J. Scheckel, R. Sandidge, and N. D. Tsutsui. 2018. Desiccation resistance and micro-climate adaptation: Cuticular hydrocarbon signatures of different Argentine ant supercolonies across California. JOURNAL OF CHEMICAL ECOLOGY 44:1101-1114. Torres, C. W., M. A. Tonione, S. R. Ramírez, J. R. Sapp, and N. D. Tsutsui. 2018. Genetic and chemical divergence among host races of a socially parasitic ant. ECOLOGY & EVOLUTION. 8 :11385-11398. DOI: http://dx.doi.org/10.1002/ece3.4547 Felden, A., C. I. Paris, D. G. Chapple, J. Haywood, A. V. Suarez, N. D. Tsutsui, P. J. Lester, and M. A. M. Gruber. 2018. Behavioural variation and plasticity along an invasive ant introduction pathway. JOURNAL OF ANIMAL ECOLOGY 87(6):1653- 1666. https://doi.org/10.1111/1365-2656.12886 Tsutsui, N. D. 2018. Understanding the nature of ant cognition by studying ant cognition in Nature (Box). Animal Cognition, Nereida Bueno-Guerra, Federica Amici (eds). Cambridge University Press. Tsutsui, N. D. 2018. Strangers in a strange land: Biological Invasions and Animal Behavior (Book review). BIOSCIENCE 68(3):223-224. https://doi.org/10.1093/biosci/bix160 Cridland, J., S. R. Ramírez, C. Dean, A. Sciligo, and N. D. Tsutsui. 2018. Genome sequencing of museum specimens reveals rapid changes in genetic composition of honey bees in California. GENOME BIOLOGY & EVOLUTION 10(2):458-472. Cridland, J., N. D. Tsutsui, and S. R. Ramírez. 2017. The complex demographic history and evolutionary origin of the western honey bee, Apis mellifera. GENOME BIOLOGY & EVOLUTION 9 (2):457–472. DOI: https://doi.org/10.1093/gbe/evx009. Mathis, K. A. and N. D. Tsutsui. 2016. Dead ant walking: A myrmecophilous beetle predator uses parasitoid host location cues to selective prey on parasitized ants. PROCEEDINGS OF THE ROYAL SOCIETY OF LONDON, B 283:20161281. Mathis, K. A. and Tsutsui, N. D. 2016. Cuticular hydrocarbon cues are used for host acceptance by Pseudacteon spp. phorid flies that attack Azteca sericeasur ants. JOURNAL OF CHEMICAL ECOLOGY 42:286-293. Emery, V. J. and Tsutsui, N. D. 2016. Differential sharing of chemical cues by social parasites versus social mutualists in a three-species symbiosis. JOURNAL OF CHEMICAL ECOLOGY 42:277-285. Torres, C. W. and Tsutsui, N. D. 2016. The effect of social parasitism by Polyergus breviceps on the nestmate recognition system of its host, Formica altipetens. PLOS ONE 11(2): e0147498. Tsutsui, N. D. 2014. Controlling the spread of Argentine ants. VOICE OF THE PCOC. Fall:10-11. Tillberg, C.V, Edmonds, B., Freauff, A., Hanisch, P., Paris, C., Smith, C.R., Tsutsui, N. D., Wills, B.D., Wittman, S.E., and A.V Suarez. 2014. Foraging ecology of the tropical giant hunting ant Dinoponera australis (Hymenoptera: Formicidae) – Evaluating mechanisms for high abundance. BIOTROPICA 46(2):229-237. Tsutsui, N. D. 2013. Dissecting ant recognition systems in the age of genomics. BIOLOGY LETTERS 9 :20130416. Tsutsui, Neil D. Curriculum Vitae 3 GRANT SUPPORT CALIFORNIA STRUCTURAL PEST CONTROL BOARD, “Diet and colony structure of two emerging invasive pest ants”. October 2018 – August 2020. $146,325. NATIONAL SCIENCE FOUNDATION LONG-TERM RESEARCH IN ENVIRONMENTAL BIOLOGY (LTREB), (co-PI; D.A. Holway, PI). “LTREB Collaborative Proposal: Large- scale removal of introduced ants as a test of community reassembly”. April 2017 – March 2022. $391,313 (Tsutsui share: $177,548). NATIONAL SCIENCE FOUNDATION, IOS-SDS, (B. Fisher, co-PI), “Collaborative Research: Scents of Self: How Trade-offs Shape Self/Non-self Recognition Cues in a Supercolonial Insect” (ranked #1 in panel). February 2016 – January 2020. $830,933. UNITED STATES DEPARTMENT OF AGRICULTURE, NIFA-AFRI. “Using Functional Genomics to Link Behavior, Chemical Ecology and Chemoreception in a Widespread and Damaging Agricultural Pest” February 2016 – January 2019. $498,083. UC BERKELEY BAKAR FELLOW, “Deploying Insect Pheromones to Control a Widespread and Damaging Insect”, July 2012 – June 2017. $250,000. UCMEXUS, (K. Mathis, co-PI), “Host Selection and Successful Parasitism of the Aggressive Arboreal Ant Azteca instabilis by Decapitating Phorid Flies (Genus: Pseudacteon) in Dynamic Coffee Agroecosystems”, January 2012 – December 2013. $11,852. GORDON AND BETTY MOORE FOUNDATION, “Using Genomics, Isotopes and Pollen to Illuminate the Past and Predict the Future of California Bees”, November 2011 – October 2014. $379,339. CALIFORNIA STRUCTURAL PEST CONTROL BOARD, “Bedbug detection using airborne pheromone cues“. February 2011 – February 2012. $116,650. DEFINING WISDOM, sponsored by the University of Chicago Arete Initiative and the John Templeton Foundation. “The Wisdom of the Ant: The Role of Experience in Sociality and Aggression”. October 2008 – September 2010. $100,000. UNITED STATES DEPARTMENT OF AGRICULTURE, NRI-CSREES 2008-35302-04680. “An Integrative Analysis of Altered Social Behavior in the Invasive Argentine Ant (Linepithema humile)”. (ranked #8 of 83). September 2008 – August 2011. $425,000. COMMITTEE ON RESEARCH, FACULTY RESEARCH GRANT (UC-BERKELEY), “A preliminary analysis of candidate genes for aggression in the invasive Argentine ant“. 2007 – 2008. $5,000. AUSTRALIAN RESEARCH COUNCIL, “Sociality and a sense of smell: Receptor organ evolution in ants“. (PI: Mark A. Elgar, University of Melbourne). 2008 – 2010. $225,000. CALIFORNIA STRUCTURAL PEST CONTROL BOARD, “The Role of Genetics and Cuticular Hydrocarbons in Argentine ant Aggression“. (Co-Investigator: Ken Shea, UC-Irvine, Department of Chemistry). September 2005 – August 2008. $312,037. UNITED STATES DEPARTMENT OF AGRICULTURE, NRI-CSREES 2004-35302-14865. “The Genetic and Biochemical Basis of Altered Social Behavior in the Invasive Argentine ant (Linepithema humile)” (ranked #2 of 117). September 2004 – August 2007. $325,000. TEACHING EXPERIENCE & MENTORSHIP G RADUATE S TUDENTS A DVISED: 11 PhD students since 2003. P OST-DOCTORAL R ESEARCHERS A DVISED: 12 since 2003. Tsutsui, Neil D. Curriculum Vitae 4 G RADUATE C OMMITTEE MEMBER 39 since 2003. U NDERGRADUATES M ENTORED: >100 since 2003. C OURSES TAUGHT: UC-Berkeley Insect Behavior (ESPM150, ESPM142), each Fall 2008-2012; 2015-2017, 2019-2020. Molecular Approaches to Environmental Problem Solving (ESPM 192), Spring 2015, 2016, 2018, 2019. Advanced Chemical Ecology (ESPM290), Fall 2014, 2016, 2020. Insect Chemoreception and Chemical Ecology (ESPM290), Spring 2014. Senior Seminar-Conservation & Resource Studies (ESPM194), Spring 2011 (two classes), Spring 2012. Genetics and Genomics of Insect Behavior (ESPM290), Spring 2009. Environmental Science Forum (ESPM 201C), Spring 2008. UC-Irvine Graduate Core in Evolution, Winter 2007. Advanced Evolutionary Biology (BS168), Spring 2004, 2005, 2006. Freshman Seminar (BS2B), “Social behavior of ants”, Spring 2004, 2005, 2006, 2007. 20 MOST RECENT PRESENTATIONS & PROFESSIONAL MEETINGS (of 76 total) Invited workshop speaker. China Training Program for New National Parks System. “Management of Exotic Species”. Berkeley, CA. September 2019. Invited seminar speaker. Kyoto University. “The genetics and chemical ecology of Polyergus kidnapper ants”. Kyoto, Japan. June 2019. Invited workshop speaker. Winter Workshop Series for pest control operators, Target Specialty Products. Anaheim, CA. March 2019. Invited symposium speaker. World Life Science Conference. "Of ants and antennae: How pheromones define the boundaries of both societies and species", Beijing, China. October 2018. Invited seminar speaker. Chinese Academy of Sciences, Institute of Zoology. "Scents of self: How social context shapes ant colony recognition systems", Beijing, China. October 2018. Invited seminar speaker – Animal Behavior Seminar Series. UC Davis, Davis, CA. March 2018. Plenary speaker. American Association of IPM Entomologists, Monterey, CA. “The behavior and social structure of ants”, February 2016. Invited symposium speaker – International Congress of Entomology, Orlando, FL, September 2016. Invited speaker/panelist – Center for Population Biology mini-conference, UC–Davis. February 2015. Invited seminar speaker – PERT Program/Center for Insect Science, U of Arizona. March 2015. Invited speaker – Evolution of Organismality, St. Louis, MO. May 2015. Invited speaker – Target Speciality Products, Sante Fe Springs, CA. June 2015. Invited speaker – Target Speciality Products, San Marcos, CA. June 2015. Invited seminar speaker – Department of Entomology, UC–Davis. January 2014. Invited seminar speaker –Essig Brunch, Essig Museum of Entomology, UC Berkeley, April 2014. Invited speaker – Target Speciality Products, San Jose, CA. June 2014. Tsutsui, Neil D. Curriculum Vitae 5 Invited speaker – Target Speciality Products, Sacramento, CA. June 2014. Keynote speaker – Pest Control Operators of California Expo, Las Vegas, NV. June 2014. Invited speaker – Invasion Genetics:The Baker and Stebbins Legacy, Asilomar, CA. August 2014. Invited symposium speaker – Entomology Society of America, Portland, OR, November 2014. SERVICE C OMMITTEE MEMBER EAST BAY REGIONAL PARK DISTRICT, Parks Advisory Committee. Appointed by Contra Costa County Board of Supervisors. June 2017–Dec. 2020. SIERRA CLUB, West Contra Costa Chapter. Vice-chair, May 2020-present. C O -FOUNDER BACKYARD BIODIVERSITY PROJECT. 2016-present. BAY AREA ANT GROUP (BAAG). 2007-present. E DITORIAL B OARDS: BMC ECOLOGY. Associate Editor, 2011–present. BIOLOGICAL INVASIONS. Associate Editor, 2011–present. PLOS GENETICS. Guest Editor, 2013. AUSTRALIAN JOURNAL OF ZOOLOGY. Associate Editor, 2007–2012. C OMMITTEE M EMBER: NATIONAL ECOLOGICAL OBSERVATORY NETWORK (NEON) DESIGN CONSORTIUM, Invasive Species subcommittee. 2004–2005. R EVIEWER (manuscripts and grant proposals): Several hundred from 2003-present Journals, including: The American Naturalist, Animal Behaviour, Annals of the Entomological Society of America, Behavioral Ecology, Behavioral Ecology & Sociobiology, Biology Letters, BMC Ecology, Conservation Biology, Diversity & Distributions, Ecological Entomology, Ecology, Ecology Letters, eLife, Evolution, Evolutionary Applications, Evolutionary Ecology Research, Genetics, Insectes Sociaux, Journal Chemical of Ecology, Naturwissenschaften, Molecular Ecology, Oecologia, PLoS One, Proceedings of the National Academy of Sciences, Scientific Reports. Funding agencies, including: The National Science Foundation, US Department of Agriculture, National Institute for Climate Change Research (US Dept of Energy), Natural Environment Research Council. S ERVICE TO UC SYSTEM: Member – Faculty advisory committee, UC Education Abroad Program (UCEAP). 2013- present. S ERVICE TO CAMPUS: Member – UC BERKELEY, Hill Campus, Long Range Development Plan Committee, 2019-present. Member – Committee on Courses of Instruction (COCI). 2014–2018. • Sciences subcommittee. 2014–2015. • Variances subcommittee. 2015–2016. • Academic Senate Advisory Committee to Student Information Systems (SIS). 2016–2018. Member – Berkeley Institute for Global Change Biology. 2010–present. Tsutsui, Neil D. Curriculum Vitae 6 Member – Ad hoc campus tenure review committee–2010, 2014. Member – Ecological Preserve and Open Space committee. 2006–2007 (UCI). Member – Phi Beta Kappa nominating committee. 2004–2007 (UCI). S ERVICE TO S CHOOL/COLLEGE: Member – RCNR Executive Committee. Sept. 2019–present. Faculty Judge – College of Natural Resources Gradfest Symposium. 2011. Faculty Judge – College of Natural Resources Honor Symposium. 2010, 2015. Member –Biological Sciences Executive Committee. Elected by department; 2006– 2008 (UCI). Member –Crystal Cove Research Cottage committee. 2005–2006 (UCI). S ERVICE TO THE DEPARTMENT: Member – Equity, Inclusion, and Diversity Committee. 2019–present. Member – Race, Culture, and Environment search committee. 2016. Vice Chair for Instruction. 2010–2012, 2014–2015. Chair – Undergraduate Programs Committee. 2010–2012, 2014–2015. Chair – Ad hoc personnel action committee. 2012, 2016. Member – ESPM Departmental Vision committee. 2012. Member – Molecular Environmental Biology undergraduate advising committee. 2008–present. Member – Graduate student advising committee. 2008–present. Member – Global Change Organismal Biology search committee. 2010. Member – Environmental Science undergraduate major committee. 2008–2010. Member – Environmental Science undergraduate major transition committee. 2010– 2011. Chair – ESPM Safety Committee. 2009. Member – Graduate admissions committee. 2009–2010. Member – Ad hoc tenure and merit review committees – 2 times since 2007. Chair – Graduate student awards committee. 2007–2008. Chair – Molecular Analytical Facility Steering committee. 2006–2007. (UCI) Member – Ecology search committee. 2 positions; 2005–2006. (UCI) Member – Departmental web-page committee. 2003–2007. (UCI) Member – Ad hoc personnel merit review committee – 5 times since 2003. (UCI) RECOMMENDATION(S): REAPPOINT Chris Cowen to the At Large 2 seat and Darryl Young to the At Large 3 seat on the Mosquito & Vector Control District Board of Trustees to new four-year terms ending on January 6, 2025. FISCAL IMPACT: None to the County. The District provides an expense stipend of $100 per month conditioned upon meeting attendance. BACKGROUND: The Contra Costa Mosquito & Vector Control District was established in 1986. The boundaries of the current District are all of Contra Costa County. The District provides Countywide public health services through the control of mosquitoes, rats, skunks, yellow jackets and other vectors. This is important to prevent the transmission of disease and to minimize vector population outbreaks,which would interfere with recreational, residential, agricultural, and industrial activities. The District Board of Trustees meets on the second Monday of every other month at 7 p.m. in Concord. The District provides an expense stipend of $100 per month conditioned upon meeting attendance. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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) 655-2056 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: CAO C. 17 To:Board of Supervisors From:INTERNAL OPERATIONS COMMITTEE Date:November 17, 2020 Contra Costa County Subject:RECOMMENDATION FOR APPOINTMENT TO THE MOSQUITO & VECTOR CONTROL DISTRICT BOARD OF TRUSTEES BACKGROUND: (CONT'D) The terms of office for two At Large seats will expire on January 4, 2021. The County recruited to fill the two upcoming vacancies (see attached media release). The new terms of office are four years, ending on January 6, 2025. Two applications for reappointment were received from incumbents Chris Cowen and Darryl Young. No other applications were received. The Board's Internal Operations Committee, on November 9, 2020, approved reappointment of the incumbents to new four-year terms. ATTACHMENTS Mosquito & Vector Control District Board Press Publication 2020 Candidate Application_Chris Cowen_MVCD Candidate Application_Darryl Young_MVCD Contra Costa County County Administrator’s Office • 1025 Escobar Street • Martinez, CA 94553 • www.contracosta.ca.gov Media Release FOR IMMEDIATE RELEASE Contact: Julie DiMaggio Enea Monday, October 2, 2020 Phone: (925) 655-2056 Email: julie.enea@cao.cccounty.us WOULD YOU LIKE TO SERVE ON THE CONTRA COSTA MOSQUITO & VECTOR CONTROL DISTRICT BOARD OF TRUSTEES ? The Contra Costa Mosquito & Vector Control District was established in 1986 . The boundaries of the current District are all of Contra Costa County. The District provides Countywide public health services through the control of mosquitoes, rats, skunks, yellowjackets and other vectors. This is important to prevent the transmission of disease and to minimize vector population outbreaks, which would interfere with recreational, residential, agricultural, and industrial activities . The District Board of Trustees meets on the second Monday of every other month at 7 p.m. in Concord. The County is recruiting for volunteers to fill two vacancies. The term of office is four years, ending on January 2, 2025. The County Board of Supervisors will make the appointments. Contra Costa residents 18 or older are encouraged to apply. The District provides an expense stipend of $100 per month conditioned upon meeting attendance. Application forms can be obtained from the Clerk of the Board of Supervisors by calling (925) 655-2000 or visiting the County webpage at https://www.contracosta.ca.gov/3418. Applications should be returned to the Clerk of the Board of Supervisors, County Administration Building, 1025 Escobar St., Martinez, CA 94553, no later than 5:00 p.m. on Friday, October 23, 2020. Applications can also be emai led to ClerkoftheBoard@cob.cccounty.us. Applicants should plan to be available for public interviews on Monday, November 9, 2020. Due to COVID -19, interviews will likely be conducted telephonically. More information about the Contra Costa Mosquito & Vector Control District can be obtained by visiting the District’s website at http://www.contracostamosqui to.com/ . #### Submit Date: Oct 24, 2020 First Name Middle Initial Last Name Home Address Suite or Apt City State Postal Code Primary Phone Email Address Contra Costa County Boards & Commissions Application Form Profile Which supervisorial district do you live in? District 6 Education Select the option that applies to your high school education * High School Diploma College/ University A Name of College Attended Armstrong university Degree Type / Course of Study / Major Aa Degree Awarded? Yes No College/ University B Name of College Attended Degree Type / Course of Study / Major Chris P Cowen San Pablo CA 94806 Chris P Cowen Page 1 of 4 Degree Awarded? Yes No College/ University C Name of College Attended Degree Type / Course of Study / Major Degree Awarded? Yes No Other schools / training completed: Course Studied Hours Completed Certificate Awarded? Yes No Board and Interest Which Boards would you like to apply for? Integrated Pest Management Advisory Committee: Submitted Seat Name Contra costa mosquito control district Have you ever attended a meeting of the advisory board for which you are applying? Yes No If you have attended, how many meetings have you attended? 10 years Please explain why you would like to serve on this particular board, commitee, or commission. Currently on board Qualifications and Volunteer Experience Chris P Cowen Page 2 of 4 Upload a Resume I would like to be considered for appointment to other advisory boards for which I may be qualified. Yes No Are you currently or have you ever been appointed to a Contra Costa County advisory board, commission, or committee? Yes No List any volunteer or community experience, including any advisory boards on which you have served. Describe your qualifications for this appointment. (NOTE: you may also include a copy of your resume with this application) Currently serving Conflict of Interest and Certification Do you have a Familial or Financial Relationship with a member of the Board of Supervisors? Yes No If Yes, please identify the nature of the relationship: Do you have any financial relationships with the County such as grants, contracts, or other economic relations? Yes No If Yes, please identify the nature of the relationship: Chris P Cowen Page 3 of 4 Please Agree with the Following Statement I certify that the statements made by me in this application are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I acknowledge and undersand that all information in this application is publicly accessible. I understand that misstatements and/or omissions of material fact may cause forfeiture of my rights to serve on a board, committee, or commission in Contra Costa County. I Agree Chris P Cowen Page 4 of 4 Submit Date: Oct 29, 2020 First Name Middle Initial Last Name Home Address Suite or Apt City State Postal Code Primary Phone Email Address Contra Costa County Boards & Commissions Application Form Profile Which supervisorial district do you live in? District 2 Education Select the option that applies to your high school education * High School Diploma College/ University A Name of College Attended UC San Diego Degree Type / Course of Study / Major Bioengineering Degree Awarded? Yes No College/ University B Name of College Attended Degree Type / Course of Study / Major Darryl Young San Ramon CA 94583 Darryl Young Page 1 of 4 Degree Awarded? Yes No College/ University C Name of College Attended Degree Type / Course of Study / Major Degree Awarded? Yes No Other schools / training completed: Course Studied Hours Completed Certificate Awarded? Yes No Board and Interest Which Boards would you like to apply for? Mosquito & Vector Control District Board of Trustees (BoS Appointees Only): Submitted Seat Name Board Member Have you ever attended a meeting of the advisory board for which you are applying? Yes No If you have attended, how many meetings have you attended? Current Member Please explain why you would like to serve on this particular board, commitee, or commission. I enjoy serving on the board of trustees and I enjoy giving back to the community. I have a biological sciences background that has helped me understand the scientific discussions and I have historical context on the board to continue to help run the district. Darryl Young Page 2 of 4 Upload a Resume Qualifications and Volunteer Experience I would like to be considered for appointment to other advisory boards for which I may be qualified. Yes No Are you currently or have you ever been appointed to a Contra Costa County advisory board, commission, or committee? Yes No List any volunteer or community experience, including any advisory boards on which you have served. Contra Costa Mosquito and vector control district Library Advisory Committee Contra Costa Transportation Authority Citizens Advisory Committee Describe your qualifications for this appointment. (NOTE: you may also include a copy of your resume with this application) I enjoy serving on the board of trustees and I enjoy giving back to the community. I have a biological sciences background that has helped me understand the scientific discussions and I have historical context on the board to continue to help run the district. Conflict of Interest and Certification Do you have a Familial or Financial Relationship with a member of the Board of Supervisors? Yes No If Yes, please identify the nature of the relationship: Do you have any financial relationships with the County such as grants, contracts, or other economic relations? Yes No If Yes, please identify the nature of the relationship: Darryl Young Page 3 of 4 Please Agree with the Following Statement I certify that the statements made by me in this application are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I acknowledge and undersand that all information in this application is publicly accessible. I understand that misstatements and/or omissions of material fact may cause forfeiture of my rights to serve on a board, committee, or commission in Contra Costa County. I Agree Darryl Young Page 4 of 4 RECOMMENDATION(S): REAPPOINT Lorena Castillo of Martinez to the Director 1 seat, Renee Fernandez-Lipp of Pittsburg to the Director 3 seat, and Igor Skaredoff of Martinez to the Director 4 seat on the Contra Costa Resource Conservation District Board of Directors to new four-year terms expiring on November 30, 2024. FISCAL IMPACT: No County cost. BACKGROUND: Contra Costa Resource Conservation District (RCD) director recruitment is conducted by the County pursuant to a 1998 RCD resolution ordering that all future directors shall be appointed by the County Board of Supervisors in lieu of election (Public Resources Code Section 9314). The RCD is a state legislated special district whose mission is to carry out natural resources conservation projects through voluntary and cooperative efforts. The RCD is a non-regulatory agency that works with individuals, growers, ranchers, public agencies, non-profit organizations and corporations to accomplish its mission. The USDA Natural Resource Conservation Service provides technical support for the RCD's programs. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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) 655-2056 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: CCRCD, CAO C. 18 To:Board of Supervisors From:INTERNAL OPERATIONS COMMITTEE Date:November 17, 2020 Contra Costa County Subject:RECOMMENDATION FOR APPOINTMENTS TO THE CONTRA COSTA RESOURCE CONSERVATION DISTRICT BOARD OF DIRECTORS BACKGROUND: (CONT'D) On November 30, 2020, the terms of office for three of the five RCD Director seats will expire: Directors 1, 3 and 4. Customarily, the RCD Board makes recommendations to the IOC to fill its member vacancies. However, with three pending vacancies, the RCD Board will lack a quorum and may not tender recommendations to fill its vacant seats. When this occurs, the IOC conducts a recruitment and interviews candidates to fill the vacancies pursuant to a resolution passed by the RCD opting for County appointment in lieu of election. IOC staff opened a recruitment on September 25 (see attached announcement). Following a five-week recruitment, five applications were received. However, two applicants later withdrew their candidacy, indicating instead their interest in non-voting Associate Director positions, which are appointed by the RCD board. Consequently, only the three incumbents remained as candidates. At its November 9, 2020 meeting, the Board's Internal Operations Committee reviewed and approved the reappointment of the incumbents. ATTACHMENTS Press Release_Resource Conservation District Board Vacancies Candidate Application_Lorena Castillo_CCRCD Candidate Application_Igor Skaredoff_CCRCD Candidate Application_Renee Fernandez-Lipp_CCRCD Contra Costa County County Administrator 's Office • 1025 Escobar S t • Martinez, CA 94553 • www.contracosta.ca.gov Media Release FOR IMMEDIATE RELEASE Contact: Julie DiMaggio Enea Friday, September 25, 2020 Phone: (925) 655-2056 Email: julie.enea@cao.cccounty.us ARE YOU INTERESTED IN RESOURCE CONSERVATION? The Contra Costa County Board of Supervisors is seeking individuals to serve on the Board of Directors for the Contra Costa Resource Conservation District (CCRCD). The CCRCD’s mission is to facilitate conservation and stewardship of the natural resources in our county. CCRCD is a state legislated special district governed under Division 9 of the CA Public Resources Code which stipulates that a Director must be a registered voter in California and: 1) Reside within the Contra Costa County and either own real property in the county or have served for two years or more as a CCRCD Associate director ; or 2) Be a designated agent of a resident landowner within the county. Qualified candidates with a demonstrated interest in conservation and stewardship of natural resources are encouraged to apply. The County Board of Supervisors will make appointments to fill the vacancies effective December 1, 2020 for four-year terms expiring on November 30, 2024. Board of Directors meetings are held on the third Thursday of each month in Pleasant Hill. Application forms can be obtained from the Clerk of the Board of Supervisors by calling (925) 655-2000 or visiting the County webpage at https://www.contracosta.ca.gov/3418. Applications should be returned to the Clerk of the Board of Supervisors, County Administration Building, 1025 Escobar St., Martinez, CA 94553, no later than 5:00 p.m. on Friday, October 23, 2020. Applications can also be emailed to ClerkoftheBoard@cob.cccounty.us . Applicants should plan to be available for public interviews on Monday, November 9, 2020. Due to COVID -19, interviews will likely be conducted telephonically. More information about the Contra Costa Resource Conservation District can be obtained by visi ting www.ccrcd.org or by calling Patty Pell at (925) 672 -4577. #### Submit Date: Oct 15, 2020 First Name Middle Initial Last Name Home Address Suite or Apt City State Postal Code Primary Phone Email Address Contra Costa County Boards & Commissions Application Form Profile Which supervisorial district do you live in? District 3 Education Select the option that applies to your high school education * High School Diploma College/ University A Name of College Attended Brooks Institute of Photography Degree Type / Course of Study / Major Bachelors Degree Professional Photography Degree Awarded? Yes No College/ University B Name of College Attended Degree Type / Course of Study / Major Lorena Castillo Martinez CA 94553 Lorena Castillo Page 1 of 4 Degree Awarded? Yes No College/ University C Name of College Attended Degree Type / Course of Study / Major Degree Awarded? Yes No Other schools / training completed: Course Studied Hours Completed Certificate Awarded? Yes No Board and Interest Which Boards would you like to apply for? Resource Conservation District: Submitted Seat Name Board Member Have you ever attended a meeting of the advisory board for which you are applying? Yes No If you have attended, how many meetings have you attended? Approximately 24 Please explain why you would like to serve on this particular board, commitee, or commission. I would like to continue my service to this board. because Conservation is a passion of mine. I've really enjoyed working with my fellow community members and learning the operations of the CCRCD. Lorena Castillo Page 2 of 4 Upload a Resume Qualifications and Volunteer Experience I would like to be considered for appointment to other advisory boards for which I may be qualified. Yes No Are you currently or have you ever been appointed to a Contra Costa County advisory board, commission, or committee? Yes No List any volunteer or community experience, including any advisory boards on which you have served. Current Commisioner for Martinez Parks, Recreation, Marina, Cultural Arts Commission; past Board member for Kiwanis Club of Martinez; Community Advisory Committee for Shell Refinery. Describe your qualifications for this appointment. (NOTE: you may also include a copy of your resume with this application) See Resume Conflict of Interest and Certification Do you have a Familial or Financial Relationship with a member of the Board of Supervisors? Yes No If Yes, please identify the nature of the relationship: Do you have any financial relationships with the County such as grants, contracts, or other economic relations? Yes No If Yes, please identify the nature of the relationship: Lorena_Castillo_Resume2020.docx Lorena Castillo Page 3 of 4 Please Agree with the Following Statement I certify that the statements made by me in this application are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I acknowledge and undersand that all information in this application is publicly accessible. I understand that misstatements and/or omissions of material fact may cause forfeiture of my rights to serve on a board, committee, or commission in Contra Costa County. I Agree Lorena Castillo Page 4 of 4 LORENA CASTILLO • MARTINEZ, CA 94553 SUMMARY OF QUALIFICATIONS ●Curating art exhibits, organizing community events, and mentoring emerging artists. ●Demonstrated experience facilitating community learning activities, creating lesson plans, curriculum, and developing engaging experiential-learning opportunities for students k-12 and adult ed. ●Competent with coordinating, recruitment, supervision, training, and developing opportunities for youth to further their education, obtain employment, volunteer, and participate in internships. ●Demonstrate experiences in building long-lasting relationships and partnerships with numerous community organizations and stakeholders. ●Passion for building connections for youth to the environment, art and community organizations. ●Competent with computer software, including Adobe Photoshop, MS Office, and Google Apps. EXPERIENCE Communications & Marketing Director Groundwork Richmond; Richmond, CA; June 2019 – March 2020 40 hrs/week; $30/hr Matt Holmes, (415) 254-3546, matt@groundworkrichmond.org Provide external communications services; oversee internal communications protocols, and provide administrative support to the Executive Director. Work to improve or establish all outward facing communication platforms to better illustrate the impact of Groundwork Richmond and it's portfolio of programs; Cultivate and maintain all necessary records pertaining to: volunteers, donors, & funding partners; and, Support the Executive Director in the management of key community partners. Oversee the design and delivery of all programmatic materials; Track program milestones with Program Managers; and, Ensure that all routine staff and board communications are delivered in a timely manner. Collaborate with Executive Director on day-to-day management of key functions such as finance, administration, human resources and/or development; Write new grant applications to address identified needs in our Communications Plan; Assume responsibility for the organization in the absence of Executive Director; Participate as a member of the senior management team to realize the organization’s policies and objectives; and will perform other duties as assigned. Internship & Outreach Coordinator New Leaf Collaborative; Vicente & Briones High School; Martinez, CA; August 2009 – Present 1,110 hrs/year, 32 hrs/week, 8,215 hrs to date; starting at $22/hr, currently at $33/hr Suzy Hammond, (925) 408-8153, suzyhammond4@gmail.com Build lasting relationships and partnerships with community organizations that provide employment programs, internships, and volunteer opportunities to students; Lead and facilitate clubs and internships such as Botanical Trail Team, Yoga Club, Leadership Club, Hiking Club, History Club, and Green Media Team; Teach computer software programs such as PhotoShop; Create art projects and curriculum for students; Coordinate community events and field trips for students; Attend meetings of various community organizations; Arrange student workshops, special events, and meetings; Schedule working professionals to give presentations about their careers to students; Develop and present projects to diverse school groups, community groups and media; Counsel students about college enrollment, scholarship applications, employment search, job interviews, creating resume and cover letters, community service, internship opportunities, and volunteer opportunities; Develop internship opportunities and projects for students in their desired job field or career plan by partnering with organizations; Organize and track data for grants and fiscal agents; Experience with evaluating programs for improvement. Crew Leader & Park Guide John Muir National Historic Site & Eugene O’Neill National Historic Site; Martinez, CA; June-August 2011-Present; Fernando Villalba, (925) 330-1699, fernando_villalba@nps.gov 320 hrs/year, 40 hrs/week, 2,240 hrs to date; $21/hr Recruit and Supervise the YCC (Youth Conservation Corp) Interns during an 8 week period over the summer; Motivate interns to maximize professional development opportunities; Delegate intern assignments and projects when working with Maintenance crew and Natural Resources department staff; Schedule and organize field trips and workshops; Assist with special events and tours; Guide interns while visiting other National Parks and Community Parks to teach them about preservation, conservation and the history of our National Parks and Community Parks; Created end-of- season slideshow presentation; Collaborated with key community organizations. Photography Instructor Eugene O’Neill Foundation Education Program; Danville, CA; March 2015, 2016, 2018; 30 hours, $900, Katy Colbath, Education Coordinator, katycolbath@gmail.com Developed lesson plan and facilitated a “Masters Class” workshop for photography; Instructed high school students on basic photographic skills including composition, lighting, portraiture, and landscape to produce a final slideshow project. Graphic Arts Instructor LunchBox International; East Bay, CA; September 2009-June 2016 275 hrs/year, $15/hr, Professor Steven Cleveland, steven@lunchboxinternational.com Developed lesson plans and workshops for the production of various film projects; Instructed high school students on proper handling of professional equipment such as digital cameras, computers, lighting components, and sound gear; Taught students basic elements of design, photography, and film production to successfully complete projects; Designed DVD covers, CD labels, posters, and key art for final film productions. Photographic Art Instructor East Bay Center for the Performing Arts; Richmond, CA; September 2009- August 2010, 297 hrs/yr, 4 hrs/week, $40/hr, Michelle Flynn, michelle.flynn@eastbaycenter.org Developed and facilitated art projects of digital photography and mixed media to elementary school students; Developed lesson plans and art projects for 30-40 students in after-school program; Guided students on proper usage of digital cameras, printers, and art supplies; Developed art projects with students to present to their peers and parents; Planned and facilitated art productions for End-of-Year celebration. Photography Instructor Civic Arts; Walnut Creek, CA; September 2008-July 2009 300 hrs/yr, 4-8hrs/week, $15/hr; Doug Rowe, (925) 699-2069, rowe@arts-ed.org Taught basic photographic skills using digital cameras; Helped students developed lesson plans and curriculum for the use of PhotoShop, projects, presentations, and portfolios; Helped students with downloading, printing, and editing photographs; Created lessons on hand-coloring photographic images and collage; Developed portfolios for students to continue their photography. Photographer, Staff Writer and Office Manager The Martinez News Gazette; Martinez, CA; November 2007 – July 2009 2,400 hrs/yr, 50 hrs/week, $10/hr, Jenny Crogan, jenny.crogan@gmail.com Conceptualized photography for feature stories, political news coverage, accidents and special community events; Wrote featured stories for events in AP style; Designed page layouts for newspaper reproduction using Quark XPress; Developed content and designed the History Page; Gathered content and Researched archives for layout; Attended meetings and community events with various organizations; Created Art contests and special events for community members; Collected revenue from advertisers and subscribers. Assistant to the Photo Editor VIA Magazine; San Francisco, CA; May 2007 – May 2008 240 hrs/yr, $15/hr, Maggie Perkins, maggie_perkins_sf@yahoo.com Organized and formatted images for magazine reproduction; contacted photographers for upcoming issues; shipped film back to artists; researched photographs for upcoming issues and stories. Teaching Assistant The Julia Morgan School for Girls; Oakland, CA; September 2007 10 hrs, Volunteer, Luz Ruiz, laluzzuir7@yahoo.com Developed art projects for students utilizing general photography and Polaroid cameras; helped students express creativity through hand-coloring and Polaroid manipulation; created and exhibited final projects with students for fundraising auction. COMMUNITY INVOLVEMENT Board Member- Resource Conservation District, Contra Costa County, CA, Jul. 2018-Present Board Member- Kiwanis International, Martinez, CA, Oct. 2009- Oct. 2017, Oct. 2018-Present Board Member- Artcelerator, Martinez, CA, Nov. 2015-2018 President- Kiwanis International, Martinez, CA, Oct. 2015-Oct. 2016 Organizer & Volunteer- Main Street Martinez, Martinez, CA, Dec. 2009-2016 Member- Community Advisory Panel, Shell Refinery, Martinez, CA, Jan. 2012-2017 Member- Martinez Arts Association, Martinez, CA, Dec. 2007-2013 ART EXHIBITS AND PERMANENT INSTALLATIONS Martinez Library, Martinez, CA, OutTakes, May 2018-June 2018 Citrus Salon, Martinez, CA, On a Wire, January 2017-June 2017 Pegasus Bicycle Works, Martinez, CA, Bici World, August 2016- August 2019 FleetWood, San Francisco, CA, Woman on the Verge of…, September 2016- October 2016 Festival of Altars, Dia de los Muertos, Martinez & San Francisco, CA, November 2011-2017 Roxx on Main, Martinez, CA, Tripod Diaries, October 2015-January 2016 Puerto Alegre, San Francisco, CA, Off the Map, August 2015-October 2016 Puerto Alegre, San Francisco, CA, Passion de Frida, July 2014-August 2014 Citrus Salon, Martinez, CA, Tripod Diaries, January 2013-March 2013 Citrus Salon, Martinez, CA, Thread Count, January 2012 Art Gallop, Martinez, CA, Exhibited Photographs, July 2011 Noodles for Kids, Martinez, CA, Out the Window Exhibit, April 2011 Martinez City Hall, Martinez, CA, Exhibited photographs, March 2011-May 2011 Puerto Alegre, San Francisco, CA, Exhibited Photographs & Prints, March 2011-May 2011 Q Restaurant, San Francisco, CA, Out the Window Exhibit, November 2010-May 2011 Martinez Open Studios, Martinez, CA, Photography Exhibit, May 2010 Citrus Salon, Martinez, CA, In Place Exhibit, February 2010 Colorz Hair Gallery, Walnut Creek, CA, Deciduous Exhibit, November 2009 Colorz Hair Gallery, Walnut Creek, CA, Ponies, Prints, & Paintings Exhibit, July 2009 Martinez City Hall, Martinez, CA, Exhibited Photographs, May 2009 Shell Corp. Lobby, Martinez, CA, Refined, May 2009 Shell Clubhouse, Martinez, CA, Refined Exhibit, January 2009 Bedford Gallery, Walnut Creek, CA, Instructor Exhibit, December 2008 Art in the Park, Martinez, CA, Exhibited Photographs, August 2008 mARTinez Gallery, Martinez, Exhibit Photographs, January 2008- August 2009 La Casa del Libro, San Francisco, Fotos Exhibit, January 2007 EDUCATION & TRAINING Empowering Educators, Oakland, CA, 2014-2018 Dr. Rona Zollinger, Educator of Transformative Education 50 hrs. BA, Professional Photography and Digital Imaging, December 2006 Brooks Institute of Photography, Santa Barbara, CA 120 Semester Credits Diablo Valley College, Pleasant Hill, CA, 1999-2003 60 Credits High School Diploma, 1999 College Park High School, Pleasant Hill, CA AWARDS & CERTIFICATIONS Award, Kiwanian of the Year, Martinez, CA, 2015-2016 Certified, Yoga for Teens, San Francisco, CA 2014 Award, Woman of the Year, Martinez, CA, 2011 Winner, Photo Budget Contest, Martinez, CA, 2009 Finalist, Photographer’s Forum Magazine Contest, Santa Barbara, CA, 2006 Submit Date: Sep 27, 2020 First Name Middle Initial Last Name Home Address Suite or Apt City State Postal Code Primary Phone Email Address Contra Costa County Boards & Commissions Application Form Profile Which supervisorial district do you live in? District 5 Education Select the option that applies to your high school education * High School Diploma College/ University A Name of College Attended San Jose State Degree Type / Course of Study / Major BS (Chemistry) & BA (Russian) Degree Awarded? Yes No College/ University B Name of College Attended College of San Mateo Igor O Skaredoff Martinez CA 94553 Igor O Skaredoff Page 1 of 5 Degree Type / Course of Study / Major AA/Chemistry Degree Awarded? Yes No College/ University C Name of College Attended University of California at Berkeley Degree Type / Course of Study / Major Ecology Degree Awarded? Yes No Other schools / training completed: Course Studied Molecular Genetics @ Cal State, Hayward and Instructor at University of Nevada Fire Science Academy and at a the US DOT Hazmat facility at Pueblo, Colorado Hours Completed ~25, ~80, ~20 (approx, respectively) Certificate Awarded? Yes No Board and Interest Which Boards would you like to apply for? Resource Conservation District: Submitted Seat Name Board Director (my present position, due to expire. Have you ever attended a meeting of the advisory board for which you are applying? Yes No Igor O Skaredoff Page 2 of 5 If you have attended, how many meetings have you attended? 100 approx Please explain why you would like to serve on this particular board, commitee, or commission. I have a strong interest in Resource Conservation. I feel that the collaborative and cooperative mode of operation used by the RCD is the way I would like to contribute to progress in this field. The RCD has been growing and becoming wore divers, and I would like to continue to be part of this movement. Qualifications and Volunteer Experience I would like to be considered for appointment to other advisory boards for which I may be qualified. Yes No Are you currently or have you ever been appointed to a Contra Costa County advisory board, commission, or committee? Yes No List any volunteer or community experience, including any advisory boards on which you have served. Please see above. I also am vice chair of the Walnut Creek Watershed Council, a former member of the Contra Costa County Hazardous Waste Commission and the Concord Naval Weapons Station Community Advisory Panel as well as a former member of the California Association of Resource Conservation Districts, serving one term as Treasurer as well.I have been working as a volunteer in Contra Costa County for over 30 years. In addition to the activities listed above, I was the coordinating author of at the Alhambra Creek Watershed Management Plan - the first in our County. Igor O Skaredoff Page 3 of 5 Upload a Resume Describe your qualifications for this appointment. (NOTE: you may also include a copy of your resume with this application) I have been on the Board,for more than 10 years and more recently, President, during which time we have shepherded in the concept of Watershed Management, pioneered water-conservation practices in east county among other accomplishments - these practices are now the rule rather than the exception. We have built a state-of-the-art Salmonid Fish Passage under Interstate 80 on Pinole Creek, cleaned up numerous legacy dump sites, started up and continue to run several Watershed Management Councils, run numerous Watershed Symposia. I have shepherded the RCD through changes is Staff and Executive Directors and Board. I feel that I have been a stabilizing and progressive influence during these turbulent times and would very much appreciate the opportunity carry on the work. I am presently the president of this Board and have overseen a period of growth and expanded effectiveness of this District. We have expanded the services we provide and the clients we help and have expanded our share of clients. Our Board and Staff are now more diverse than they have ever been, representing a wide and deep scope of expertise and cultural, gender and ethnic attributes. We have greatly expanded our collaboration with other RCD's and with other groups and agencies and serve a wider range of clients in an expanding of services and projects. We are leaders in coping with the Corona pandemic, having switched to working remotely and taking precautionary steps such as meeting virtually before these measures became mandatory. I represent the RCD to the Contra Costa chapter of the California Special Districts Association, and represent Contra Costa Special Districts on LAFCo and the East Bay Regional Parks District Parks Advisory Committee (PAC). I feel that these connections put me in a position to foster "cross-border" cooperation and collaborations. It has been a pleasure and an honor to be part of this renaissance and I would greatly appreciate the opportunity to continue this work. Conflict of Interest and Certification Do you have a Familial or Financial Relationship with a member of the Board of Supervisors? Yes No If Yes, please identify the nature of the relationship: Do you have any financial relationships with the County such as grants, contracts, or other economic relations? Yes No If Yes, please identify the nature of the relationship: Igor O Skaredoff Page 4 of 5 Please Agree with the Following Statement I certify that the statements made by me in this application are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I acknowledge and undersand that all information in this application is publicly accessible. I understand that misstatements and/or omissions of material fact may cause forfeiture of my rights to serve on a board, committee, or commission in Contra Costa County. I Agree Igor O Skaredoff Page 5 of 5 Submit Date: Oct 19, 2020 First Name Middle Initial Last Name Home Address Suite or Apt City State Postal Code Primary Phone Email Address Contra Costa County Boards & Commissions Application Form Profile Which supervisorial district do you live in? District 5 Education Select the option that applies to your high school education * High School Diploma College/ University A Name of College Attended GOLDEN GATE UNIVERSITY Degree Type / Course of Study / Major MASTERS BUSINESS ADMINISTRATION (MBA) Degree Awarded? Yes No College/ University B Name of College Attended CSU LONG BEACH Renee Fernandez-Lipp Pittsburg CA 94565 Renee Fernandez-Lipp Page 1 of 4 Degree Type / Course of Study / Major BS MECHANICAL ENGINEERING Degree Awarded? Yes No College/ University C Name of College Attended Degree Type / Course of Study / Major Degree Awarded? Yes No Other schools / training completed: Course Studied UC Davis - SUSTAINABILITY AND THE BUILT ENVIRONMENT Hours Completed 30+ Certificate Awarded? Yes No Board and Interest Which Boards would you like to apply for? Sustainability Commission: Submitted Seat Name Board of Directors Have you ever attended a meeting of the advisory board for which you are applying? Yes No If you have attended, how many meetings have you attended? 12+ Renee Fernandez-Lipp Page 2 of 4 Upload a Resume Please explain why you would like to serve on this particular board, commitee, or commission. I am a current member of the RCD Board of Directors whose term ends in 2020. Seeking re-appointment. Qualifications and Volunteer Experience I would like to be considered for appointment to other advisory boards for which I may be qualified. Yes No Are you currently or have you ever been appointed to a Contra Costa County advisory board, commission, or committee? Yes No List any volunteer or community experience, including any advisory boards on which you have served. Sustainability Commission - current Resource Conservation District - current Pittsburg Community Advisory Commission - past Describe your qualifications for this appointment. (NOTE: you may also include a copy of your resume with this application) I have 25+ years of experience developing and implementing programs that promote energy efficiency, renewable energy, demand response, water conservation, and waste diversion. I am also a LEED accredited professional who has lead multiple LEED certification projects to completion. See resume for professional experience. Conflict of Interest and Certification Do you have a Familial or Financial Relationship with a member of the Board of Supervisors? Yes No If Yes, please identify the nature of the relationship: Do you have any financial relationships with the County such as grants, contracts, or other economic relations? Yes No RENEE_FERNANDEZ- LIPP_resume_-_CoCo.docx Renee Fernandez-Lipp Page 3 of 4 If Yes, please identify the nature of the relationship: Please Agree with the Following Statement I certify that the statements made by me in this application are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I acknowledge and undersand that all information in this application is publicly accessible. I understand that misstatements and/or omissions of material fact may cause forfeiture of my rights to serve on a board, committee, or commission in Contra Costa County. I Agree Renee Fernandez-Lipp Page 4 of 4 RENÉE FERNANDEZ-LIPP Utility professional with over 25 years of progressive experience supporting programs and projects related to the safe and reliable generation and utilization of energy. SUMMARY OF KEY ROLES AND SKILLS: Over 15 years of engineering, statistical analysis and financial analysis experience. Over 10 years of community relations, sales and strategic customer relationship management experience Over 10 years of account, program, project, operations, and personnel management experience. PROFESSIONAL EXPERIENCE: Pacific Gas & Electric 08/12 – Present Principal – Public Safety Specialist, Power Generation Responsible for developing, executing and promoting public safety related materials and projects related to power generation assets. Representative accomplishments include: Authoring the first canal entry emergency response plan Authoring the first power generation annex to the Corporate Emergency Response plan Manager - Governance, Planning and Strategy Responsible for providing strategic planning and direction for the Vegetation Management Program with managerial oversight of the following groups: Contract Management Metrics Reporting Forecasting and budget management Quality Assurance/Quality Control Public Education Principal, Portfolio Program Manager Responsible for managing Transmission Integrity Management Program (TIMP) expense and PCC budgets representing over $190M annually. Representative accomplishments include: Leading TIMP portfolio forecasting and work prioritization efforts through two S1/S2 planning sessions and one rate case. Spearheading the development of critical internal processes and procedures to optimize and formalize forecasting and budget management activities, new project funding requests, service and equipment/tools procurement, project close-outs, and employee on-boarding. Recruiting, training, managing, coaching and mentoring the inaugural Information & Process Management team. Instituting processes and weekly meetings to vastly improve communications and coordination between TIMP and groups (both internal and external to PG&E) that deliver engineering, implementation, and project management services to the TIMP organization. Leading a team of cross-functional, inter-LOB subject matter experts through the successful completion of a quality assurance investigation that resulted in the implementation of several new internal and external quality control processes and procedures. Revamping and chairing the TIMP Steering Committee responsible for providing guidance and direction to the TIMP execution team. Preparing PG&E’s Protocol I response for the 2014 Pipeline and Hazardous Materials Safety Administration (PHMSA) TIMP audit. Senior Gas Risk Specialist – Gas Operations Gas Safety Excellence GT&S Rate Case witness assistant and primary point of contact to Transmission and Storage asset families for LOB risk assessment and management efforts. Representative accomplishments included: Developing the GT&S rate case Threat Matrix Summary that provided a visual representation of the correlation between PG&E’s program funding requests and PG&E’s key risk/threat mitigation strategies. Collaborating with senior management, Asset Family Owners and subject managers to identify, evaluate and document LOB operational risks and associated mitigation strategies and programs. Providing 2014 Risk Register Refresh project management oversight, strategy and direction for the Transmission and Storage asset families. Drafting rate case testimony highlighting PG&E’s risk management process and its use in developing mitigation programs. Senior Program Manager - Gas Operations Regulatory Support GT&S Rate Case manager and senior lead for regulatory and compliance filings. Representative accomplishments included: Working closely with the LOB EVP, VPs and other members of the senior management team including subject matter experts to develop the strategy and direction of the 2015 GT&S rate case. Collaborating with Integrity Management, Regulatory Affairs, Legal, Investment Planning, AFOs and SMEs to develop rate case testimony, work papers, data request responses, and guidance documents to support 2015 GT&S and 2014 GRC funding requests for Integrity Management Programs. Providing strategy, direction, scheduling, resource management and oversight of cross-functional teams in the development of regulatory and compliance filings for gas transmission and distribution operations such as the PSEP Quarterly Compliance report and Bi-annual Gas Safety Reports. PL Energy, LLC 04/10 – 8/12 Senior Energy Consultant Provided engineering and project management services in support of PG&E and SCE demand side management programs. Representative accomplishments included: Performing over 100 NRR-DR due diligence reviews involving site inspections, measurement and verification, and detailed engineering and financial analyses to verify energy savings and ensure adherence to program policies for large industrial and agricultural customers. Conducting large industrial and healthcare market sector energy audits to identify energy efficiency, demand response and renewable energy programs and projects. Training, mentoring, and coaching of new energy engineers. Working closely with company cofounders to identify new revenue opportunities. Waste Management, Inc. (WM)06/08 - 04/10 Green Squad Regional Manager / Energy & Water Solutions Practice Manager Managed a cross-functional team of engineers and environmental scientists providing services related to sustainable business practices including, but not limited to, energy efficiency, renewable energy, water conservation, waste management, green building certification, carbon accounting and greenhouse gas management. Representative accomplishments included: Strategizing with WM senior executive team in Houston to build out Green Squad business plan and launching Green Squad Northern California operations. Recruiting, training, coaching, mentoring, and managing the inaugural Northern California sustainability consulting team. Developing operating policies, processes and procedures and identifying system improvement opportunities. Securing the division’s first federal, large industrial and large commercial consulting contracts. Implementing over $100k in internal WM annual energy savings measures and obtaining LEED certification for two California WM facilities. Reporting to executive leadership on Regional operations, financials, workload forecasts, resource needs, and new business opportunities. Representing Green Squad and presenting on key service offerings at trade conferences. Alternative Energy Systems Consulting, Inc.01/06 - 06/08 Senior Energy Engineer / Senior Program Manager Managed a team of engineers providing consulting services critical to the implementation of PG&E and SCE demand side management and self generation programs. Primary point of contact for PG&E contracts. Representative accomplishments included: Growing California team, operations and revenues by 300%. Securing and managing over $2M in multi-year utility contracts. Providing project management oversight and direction, planning and scheduling, budget management and QA/QC for the NRR/DR, SGIP and TA/TI programs. Assisting in the development of the CA NRR-DR program standards, training programs and white papers. Recruiting, training, coaching, mentoring, and managing the Northern California engineering team. Reporting to executive officers on Regional operations, financials, workload forecasts, resource needs, and new business opportunities. City and County of San Francisco (CCSF)10/03 – 01/06 Senior Environmental Specialist Technical lead for CPUC/PG&E funded energy efficiency and renewable energy programs as well as sustainability and environmental programs administered by CCSF. Representative accomplishments included: Strategizing with senior management to develop new energy conservation and renewable energy projects and programs. Providing technical and project management support for the San Francisco Peak Energy Program (SFPEP) and Environmental Justice Solar Installation grant program. Developing program guidelines and checklists for SF Green Business Certification program. Developing engineering analysis tools and customer report templates. Preparing and delivering technical presentations and compliance reports on program metrics. Identifying and conducting cost benefit analyses on new and emerging technologies. Managing utility and trade ally partnerships. EMCOR Energy Services 11/01 -10/03 Director of Business Development Managed sales and marketing efforts for a large engineering, design, construction and operations firm providing services related to energy efficiency, renewable energy, new construction and facilities management projects. Representative accomplishments included: Originating and securing over $2M in annual revenues. Working closely with founding Principals to develop company’s annual business and sales & marketing plans. Launching company’s first large scale marketing campaign and designing new marketing brochures. Preparing sales forecasts, P&L statements and monthly reports to senior management. Enron Energy Services 11/00 - 10/01 Account Manager Managed relationships, provided energy supply contract support, and maximized upselling opportunities within large volume accounts of an energy, commodities, operations, and services company. Representative accomplishments included: Providing project management oversight and direction, planning and scheduling, budget management and QA/QC for UC/CSU Strategic Energy Plan field assessment and engineering analysis projects. Managing development and implementation of large-scale strategic energy plans for multiple accounts. Preparing business plans and technical analyses for demand side management and distributed generation projects. Successfully reconciling over $1M in energy billing disputes. Researching and reporting on regulatory and compliance matters related to gas and electric operations. Marketing and upselling. Johnson Controls, Hayward, CA 05/99 - 11/00 Account Executive Large account manager for a building controls, facilities management and energy services company. Representative accomplishments included: Originating new business opportunities, upselling to existing customers, and contract negotiations. Job cost estimating, including the solicitation and evaluation of subcontractor quotes. Securing financing through investment partners. Coordinating transfer of scope, schedule and budget expectations to engineering and construction teams to ensure successful project implementation. Sempra Energy Solutions, Pleasanton CA 08/98 - 05/99 Energy Sales Engineer Founding member of utility-owned energy services team providing consulting services related for energy efficiency and distributed generation programs and projects. Representative accomplishments included: Providing engineering analysis support and new technical tools creation to optimize and simplify business development process. Developing strategic relationships with trade allies. Developing presentations, spreadsheets and supporting materials for start-up team. Evaluating new technologies and their potential application in local projects. Representing the company and presenting on key service offerings at trade conferences. Noresco/ERI Services, Inc., Irvine, CA 07/93 - 08/98 Project Engineer Lead engineer for an energy services company providing design and engineering services related to large energy efficiency and power generation projects. Representative accomplishments included:: Conducting field inspections, technical and economic analyses, engineering design and computer aided drafting for energy efficiency and distributed generation projects at large government, industrial, healthcare and higher education institutions. Designing a major central plant upgrade and fuel cell installation at a large government test lab. Developing software tools for energy use technical and economic analyses. Managing subcontractors and preparing technical specifications for equipment purchase and subcontractor work. Leading team efforts to ensure compliance with all codes, standards and environmental regulations applicable to ongoing projects. Southern California Gas Company 11/91-9/94 Senior Energy Consultant Gas operations special projects team member and team leader to a group of energy consultants providing community outreach, engineering and support services to gas customers. Representative accomplishments included: Providing project management oversight and direction, planning and scheduling, cost controls, resource management and QA/QC for field assessment and engineering analysis projects. Providing environmental compliance support to internal gas operations and external large industrial stakeholders. Employee training, development, supervision and performance evaluation. Developing best practices and procedures manuals. DEGREES AND CERTIFICATIONS: Master's Degree – MBA, Golden Gate University - San Francisco, CA Bachelor's Degree - BS, Mechanical Engineering, CSU, Long Beach - Long Beach, CA Utility Management Certification, Willamette University Sustainability and the Built Environment / Renewable Energy Professional Certification, UC Davis – Davis, CA Certified Energy Manager (CEM), Association of Energy Engineers (AEE) LEED Accredited Professional (LEED AP), U.S. Green Building Council (USGBC) Certified Green Globes Professional, Green Building Initiative (GBI) Registered Engineer in Training (EIT), State of California PRESENTATIONS: “Introduction to Renewable Energy Technologies”, “Employment Opportunities in the Renewable Energy Sector” Class taught at the Green Science Academy, September 2013 “Utilization of MSW as a Sustainable Energy Resource”. Presented at the ACEEE Summer Study, July 2009 and at the AESP National Conference & Expo, February 2010 “Biomass Energy Conversion Methods”. Class taught at the Pacific Energy Center, November 2012. “Innovations in Waste Diversion and Energy Conversion”. Presented at the Devry Sustainability Symposium, April 2012. BOARD AFFILIATIONS Board of Directors (current) – Contra Costa County Resource Conservation District Director (2016-2019) – Global Student Embassy RECOMMENDATION(S): APPOINT Nicole Kozicki to the At Large 3 seat, Catherine Rogers to the At Large 4 seat, and Felipe Solis to the At Large Alternate seat on the Fish & Wildlife Committee, effective January 1, 2021 and ending on December 31, 2024. FISCAL IMPACT: None. BACKGROUND: The Fish & Wildlife Committee was established by the Board in December 1994 to advise the Board on fish and wildlife issues, make recommendations for the expenditure of funds from the Fish and Wildlife Propagation Fund, and to address issues surrounding the enforcement of fish and game laws and regulations of the County. The Committee comprises ten members: one nominated by each County Supervisor, four At Large seats, and one At Large Alternate seat. Seat terms are four years. The IOC conducts interviews for the At Large and At Large Alternate seats. On December 31, 2020, the terms for the At Large #3 and #4, and At Large Alternate #1 seats will expire. The Conservation & Development Department recruited for applicants, Thirteen people applied and one APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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) 655-2056 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: F&W Cte Staff, CAO C. 19 To:Board of Supervisors From:INTERNAL OPERATIONS COMMITTEE Date:November 17, 2020 Contra Costa County Subject:RECOMMENDATIONS FOR APPOINTMENT TO THE FISH & WILDLIFE COMMITTEE BACKGROUND: (CONT'D) applicant later withdrew, leaving 12 applicants whose applications are attached hereto. At its regular meeting of November 9, 2020, the Board's Internal Operations Committee interviewed 10 candidates; two candidates did not appear for the interviews. Today's recommendations are the result of the November 9 interviews and Committee deliberation. ATTACHMENTS Candidate Application_Jhon Arbelaiz-Novak_F&W Cte Candidate Application_Scott Cashen_F&W Cte Candidate Application_Bob Joe_F&W Cte Candidate Application_Nicole Kozicki_F&W Cte Candidate Application_Dave Kwinter_F&W Cte Candidate Application_James Monroe_F&W Cte Candidate Application_Thomas Morehouse_F&W Cte Candidate Application_Samantha Moy_F&W Cte Candidate Application_Robert Peoples_F&W Cte Candidate Application_Catherine Rogers_F&W Cte Candidate Application_John Rudolph_F&W Cte Candidate Application_Felipe Solis_F&W Cte Submit Date: Sep 15, 2020 First Name Middle Initial Last Name Home Address Suite or Apt City State Postal Code Primary Phone Email Address Contra Costa County Boards & Commissions Application Form Profile Which supervisorial district do you live in? District 2 Education Select the option that applies to your high school education * High School Diploma College/ University A Name of College Attended Florida International University Degree Type / Course of Study / Major B.A. Environmental Studies Degree Awarded? Yes No College/ University B Name of College Attended Monterey Institute of International Studies Jhon P Arbelaez-Novak Walnut Creek CA 94595 Jhon P Arbelaez-Novak Page 1 of 4 Degree Type / Course of Study / Major M.A. Environmental Policy Degree Awarded? Yes No College/ University C Name of College Attended Degree Type / Course of Study / Major Degree Awarded? Yes No Other schools / training completed: Course Studied Hours Completed Certificate Awarded? Yes No Board and Interest Which Boards would you like to apply for? Fish & Wildlife Committee: Submitted Sustainability Commission: Submitted Seat Name Have you ever attended a meeting of the advisory board for which you are applying? Yes No If you have attended, how many meetings have you attended? Jhon P Arbelaez-Novak Page 2 of 4 Upload a Resume Please explain why you would like to serve on this particular board, commitee, or commission. I want to increase my civic involvement and serve my community. I have built a home in Contra Costa County with my loving husband, and I want to ensure our community is safe, inclusive, and provides equal opportunities for all to thrive. A community where everyone has equal access, where everyone is treated fairly, and one that safeguards our environmental for future generations. Qualifications and Volunteer Experience I would like to be considered for appointment to other advisory boards for which I may be qualified. Yes No Are you currently or have you ever been appointed to a Contra Costa County advisory board, commission, or committee? Yes No List any volunteer or community experience, including any advisory boards on which you have served. Describe your qualifications for this appointment. (NOTE: you may also include a copy of your resume with this application) Please see attached CV Conflict of Interest and Certification Do you have a Familial or Financial Relationship with a member of the Board of Supervisors? Yes No If Yes, please identify the nature of the relationship: Do you have any financial relationships with the County such as grants, contracts, or other economic relations? Yes No Jhon_Arbelaez_CV.docx Jhon P Arbelaez-Novak Page 3 of 4 If Yes, please identify the nature of the relationship: Please Agree with the Following Statement I certify that the statements made by me in this application are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I acknowledge and undersand that all information in this application is publicly accessible. I understand that misstatements and/or omissions of material fact may cause forfeiture of my rights to serve on a board, committee, or commission in Contra Costa County. I Agree Jhon P Arbelaez-Novak Page 4 of 4 JHON P. ARBELAEZ-NOVAK, M.A. Education Master of Arts, International Environmental Policy 2013 Middlebury Institute of International Studies at Monterey Monterey, California Bachelor of Arts, Environmental Studies 2005 Florida International University Miami, Florida 1 Jhon P Arbelaez -- Curriculum Vitae Fellowships Emerging Leaders in Extraction and Environment Program (E-LEEP) 2011 Duquesne University Pittsburgh, Pennsylvania University of Accra Accra, Ghana Developed sustainable solutions to deal with environmental degradation, and management of forests and natural habitats Professional Experience Lawrence Livermore National Laboratory (LLNL) November 2018 – Present Environmental Planning Analyst Livermore, California Interpret complex NEPA/CEQA regulations and serve as a subject matter expert for LLNL programs; Evaluate proposed LLNL projects and activities for potential environmental impacts and prepare environmental documents required by NEPA/CEQA to adequately address all environmental disciplines; Analyze current practices, and based upon environmental science expertise, recommend sound environmental protection practices to programs and directorates throughout the Laboratory; Serve as a key resource for environmental analysis, interpretation, and compliance review within the institution; and Prepare technical and non-technical reports. California Department of Transportation October 2017 – November 2018 Associate Environmental Planner Oakland, California Lead and coordinated projects within the Division of Environmental Planning and Engineering; Prepared, reviewed, and processed environmental CEQA and NEPA documents, and assessed environmental alternatives and mitigation measures for projects; Conducted environmental studies and prepared environmental impact reports/statements, environmental assessments, and categorical exemptions/exclusions; Obtained and managed regulatory permits, and coordinated with regulatory and resource agencies throughout the San Francisco Bay Area; and Conducted research, reviewed engineering documents, and ensured environmental commitments were recorded and met. San Francisco Bay Conservation and Development Commission October 2015 – October 2017 Coastal Program Analyst San Francisco, California Researched and analyzed development proposals, conducted site inspections, and provided direction in permitting matters to comply with applicable laws, policies, and regulations; Developed comments on CEQA and NEPA documents; Developed strategies to mitigate project impacts, and assisted in the design of programmatic public access elements; and Prepared and presented verbal and written analyses and reports to the BCDC Commission, Design and Engineering review panels, and interested parties regarding complex technical issues, sea level rise, biological resources, and engineering concepts. Earthworks August 2013 – March 2015 California Organizer Los Angeles, California Advocated for responsible energy development, and the protection of public health and the environment; Provided scientific and technical expertise for communities throughout California; Communicated environmental obligations to multiple audiences, including private entities, regulatory agencies, and the general public; Coordinated with elected officials to enact legislation that protects human health, the environment; Promoted use and expansion of a green energy economy; and Authored a policy report related to oil and gas development and air quality in California’s Central Valley. Groundwater and Environmental Services December 2007 – August 2009 Environmental Scientist Fort Lauderdale, Florida •Performed environmental due diligence, and soil and groundwater sampling/surveying; •Researched and prepared soil delineation studies and hydro geological assessments to identify sources of contamination; Provided analysis and interpretations of findings based on scientific experimentation; and Identified viable remedial solutions for contaminated sites, consistent with federal, state, and local regulations. Languages Spanish Fluency in reading, speaking and writing 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 Scott Cashen Walnut Creek 94597 IV UC Berkeley (B.S.)Resource Management Penn State University (M.S.)Wildlife and Fisheries Science Fish and Wildlife Committee At-Large I would like to become more involved in fish and wildlife issues affecting my local community, and I believe my expertise would be an asset to the committee. I have 26 years of experience as a fish and wildlife biologist. Due to the nature of my work, I have knowledge of a wide variety of species and issues, including those most prominent in the County. I have extensive experience with renewable energy development, which is an issue the County is currently facing. In addition, I am extremely knowledgeable of environmental regulations, landscape ecology, human-wildlife interactions, and habitat issues. ■ Print Form ✔ Are you currently or have you ever been appointed to a Contra Costa County advisory board? Please check one: …Yes …No List any volunteer and community experience, including any boards on which you have served. Do you have a familial relationship with a member of the Board of Supervisors? (Please refer to the relationships listed below or Resolution no. 2011/55) Please check one: …Yes …No If Yes, please identify the nature of the relationship: Do you have any financial relationships with the county, such as grants, contracts, or other economic relationships? Please check one: …Yes …No If Yes, please identify the nature of the relationship: Signed: Date: Submit this application to: Clerk of the Board of Supervisors 651 Pine St., Room 106 Martinez, CA 94553 6. Some boards, committees, or commissions may assign members to subcommittees or work groups which may require an additional commitment of time. 5. Meeting dates and times are subject to change and may occur up to two (2) days per month. 7. As indicated in Board Resolution 2011/55, a person will not be eligible for appointment if he/she is related to a Board of Supervisors member in any of the following relationships: mother, father, son, daughter, brother, sister, grandmother, grandfather, grandson, granddaughter, great- grandfather, great-grandmother, aunt, uncle, nephew, niece, great-grandson, great-granddaughter, first-cousin, husband, wife, father-in-law, mother-in-law, daughter-in-law, stepson, stepdaughter, sister-in-law, brother-in-law, spouse's grandmother, spouse's grandfather, spouse's granddaughter, and spouses' grandson, registered domestic partner, relatives of a registered domestic partner as listed above. 8. A person will not be eligible to serve if the person shares a financial interest as defined in Government Code §87103 with a Board of Supervisors Member. Important Information 1. This application and any attachments you provide to it is a public document and is subject to the California Public Records Act (CA Government Code §6250-6270). 2. All members of appointed bodies are required to take the advisory body training provided by Contra Costa County. 3. Members of certain boards, commissions, and committees may be required to: 1) file a Statement of Economic Interest Form also known as a Form 700, and 2) complete the State Ethics Training Course as required by AB 1234. 4. Meetings may be held in various locations and some locations may not be accessible by public transportation. I CERTIFY that the statements made by me in this application are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I acknowledge and understand that all information in this application is publicly accessible. I understand and agree that misstatements and/or ommissions of material fact may cause forfeiture of my rights to serve on a board, committee, or commission in Contra Costa County. Questions about this application? Contact the Clerk of the Board at (925) 335-1900 or by email at ClerkofTheBoard@cob.cccounty.us THIS FORM IS A PUBLIC DOCUMENT I served one term on the County's IPM Advisory Committee. I have conducted volunteer work for Mt. Diablo Audubon Society and Save Mount Diablo. Scott Cashen 9/21/20     Scott Cashen, M.S. Senior Wildlife Ecologist Education •Master of Science, Wildlife and Fisheries Science, Pennsylvania State University (1998) •Bachelor of Science, Resource Management, University of California at Berkeley (1992) Areas of Expertise •Impacts of renewable energy development •CEQA/NEPA compliance •Biological resource assessments •Scientific field studies (design, implementation, and management) •Fish and wildlife surveys •Habitat restoration •Invasive species •Scientific writing and technical editing •Forest management •Fire ecology Professional Experience •Independent Biological Resources Consultant, Walnut Creek, CA (2007 – present). •TSS Consultants, Senior Biologist, Walnut Creek, CA (2005 –2007). •ECORP Consulting, Senior Biologist, Oakland, CA (2000 –2005). •Pt. Reyes Bird Observatory, Field Ornithologist, SF Bay Area (2000). •National Park Service, Field Ornithologist, Alaska (1999). •Penn State University – Instructor of Wildlife Management (1998). •Penn State University – Graduate Research Assistant/Teaching Assistant (1995-1998). •Pacific Meridian Resources, Consulting Forester, Emeryville, CA (1992 –1995). •University of California, Biological Resources Technician, Tahoe National Forest (1992). ::r. 0- Q ""~ I Print Form I ~se return completed applications to: a: Clerk of the Board of Supervisors 651 Pine St., Room 106 Contra Costa County Martinez, CA 94553 or email to: ClerkofTheBoard@cob.cccounty.us BOARDS. COMMITTEES. AND COMMISSIONS APPLICATION First Name f Nicole Home Address ~ Street I Phone (best number to reach you) I Resident of Supervisorial District: Last Name I Kozicki City I Moraga Email Zip Code f 94556 rl!UCATION Check appropriaUc If you possess one of the following: ./ High School Diploma CA High School Proficiency Certificate o G.E.D. Certificate Colleges or Universities Attended Course of Study/Major Degree Awarded Cal State East Bay Criminal Justice Iii Yes D No D Yes 0 No --D Yes D No Other Training Completed: I CA Peace Officer Standard & Training Academy Board, Committee or Commission Name Seat Name I Fish and Wildlife Committee 1.-A-t--La-r-ge_o_r_A_lte_m_a-te_A_t--lar_g_e _________ _ Have you ever attended a meeting of the advisory board for which you are applying? D No ii Yes If yes, how many? l,...o .... ve_r_a_o _______ __ Please explain why you would like to serve on this particular board, committee, or commission. My interest with fish and wildlife issues in Contra Costa County has been a passion of mine for many years. I feel my background as a warden allows me to bring a different perspective to the committee. Since the money in the fund is generated by fines from wardens cases, I want to make sure the grants are issued for appropriate uses. Describe your qualifications for this appointment. (NOTE: you may also include a copy of your resume with this application) I have served as the At~large alternate for the past two years. I was a CA Fish and Wildlife Warden working in Contra Costa County for 30 years before retiring 2 years ago. I participated in the CCCFWC meetings each month. I have also been on the Board of Director's for my home owners association for 1 O years, serving as president for 7 years. I am including my resume with this application: Please check one: 0 Yes iii No I would like to be considered for appointment to other advisory bodies for which I may be qualified. Please check one: 0 Yes ii No THIS FORM IS A PUBLIC DOCUMENT Are you currently or have you ever been appointed to a Contra Costa County advisory board? Please check one: ii Yes 0 No List any volunteer and community experience, including any boards on which you have served. Miramonte Gardens HOA Board of Directors Golden Gate Angling and Casting Club Foundation Board of Directors Fish and Game Wardens Association Board of Directors 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/SS) Please check one: 0 Yes ii No If Yes, please identify the nature of the relationship: Do you have any financial relationships with the county, such as grants, contracts, or other economic relationships? Please check one: 0 Yes ii No If Yes, please identify the nature of the relationship: I CERTIFY that the statements made by me in this application are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I acknowledge and understand that all information in this application is publicly accessible. I understand and agree that misstatements and/or ommissions of material fact may cause forfeiture of m a b ee, or commission in Contra Costa County. Signed: Clerk of the Board of Supervisors 651 Pine St., Room 106 Martinez, CA 94553 August17,2020 Questions about this application? Contact the Clerk of the Board at (925) 335-1900 or by email at ClerkofTheBoard@cob.cccounty.us Important Information 1. This application and any attachments you provide to it is a public document and is subject to the California Public Records Act (CA Government Code §6250-6270). 2. All members of appointed bodies are required to take the advisory body training provided by Contra Costa County. 3. Members of certain boards, commissions, and committees may be required to: 1) file a Statement of Economic Interest Form also known as a Form 700, and 2) complete the State Ethics Training Course as required by AB 1234. 4. Meetings may be held in various locations and some locations may not be accessible by public transportation. 5. Meeting dates and times are subject to change and may occur up to two (2) days per month. 6. Some boards, committees, or commissions may assign members to subcommittees or work groups which may require an additional commitment of time. 7. As indicated in Board Resolution 2011/55, a person will not be eligible for appointment If he/she is related to a Board of Supervisors member in any of the following relationships: mother, father, son, daughter, brother, sister, grandmother, grandfather, grandson, granddaughter, great- 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. THIS FORM IS A PUBLIC DOCUMENT From:Dave Kwinter To:Lauren Hull Subject:Re: Fish and Wildlife Committee Application Date:Wednesday, August 26, 2020 12:00:19 PM Attachments:image001.png image002.png Thanks Lauren, I just realized it is not clear from my resume that I have been retired since 2007, and I am on inactive status with the California Bar. Regards, Dave On Wednesday, August 26, 2020, 10:51:47 AM PDT, Lauren Hull wrote: Hi Dave, Thank you for your application. It has been received by the Clerk of the Board’s Office. Best, Lauren Hull Management Analyst Contra Costa County Clerk of the Board G 651 Pine Street, Room 106 | Martinez, CA 94553 ( (925) 335-1919 – Direct | (925) 335-1900 – Office RECEIVED AUS 1 .12020 Contra Costa ~~==~~~~r-reblm mmpleled applications to: L Clerk of the Board of Supenrisors County 651 Pine St., Room 106 Martinez .. CA 94553 or email to: ClerkofTheBoard@cob.cccounty.us BOARDS. COMMITIEES. AND COMMISSIONS APPLICATION First Name f James R (Randy) Home Address -Street Phone (best number to reach you) Resident of Supervisorial District: EDUCATION Last Name I Monroe leoncord Email I I eontra Costa I Zip Code 194521 Checlc approp~ if you possess one of the fallowing: I ti' I High School Diploma CA High School Proficiency Certificate o G.E.D. Certificate Colleges or Universities Attended Course of Study/Major Degree Awarded University of Arizona Wildlife Biology Iii Yes 0 No California State University East Bay Liberal Studies ii Yes D No California State University East Bay Masters of Education;Science ii Yes D No Other Training Completed: I CCTC:Multiple & Single Subject Teaching Credentials, Science Authorization Board, Committee or Commission Name Seat Name f eontra Costa County . Fish and Wiidiife Committee -,~-!-Large-. __ M_em_ber--------------. Have you ever attended a meeting of the advisory board for which you are applying? M No D Yes If yes, how many? ,~-----------. Please explain why you would like to serve on this particular board, committee, or commission. My name is Randy Monroe. The natural environment is very important to me. I am passionate about conservation, sustainable practices and ecosystems restoration for both people and the health of the environment The natural sciences are my lifelong mission. I would very much appreciate consideration to serve on OUR local county Fish & Wddlife Committee to allow my experience, understanding and voice on the funding of important issues involving sustainability, conservation, habitat restoration. Describe your qualifications for this appointment. (NOTE: you may also indude a copy of your resume with this application) Please see attached. I am including my resume with this application: Please check one: ii Yes 0 No I would like to be considered for appointment to other advisory bodies for which I may be qualified. Please check one: ii Yes D No THIS FORM IS A PUBLIC DOCUMENT Are you currently or have you ever been appointed to a Contra Costa County advisory board? Please check one: D Yes Ii No Ust 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: D Yes Ii 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: D Yes Iii No If Yes, please identify the nature of the relationship: I CERTIFY that the statements made by me in this application are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I acknowledge and understand that all information in this application is publicly accessible. I understand and agree that misstatements and/or ommissions of material fact may cause forfeiture of my rights to serve on a board, committee, or commission in contra Costa Cou~ ·! Signed: ~ fL Date: f/.f.l/_l?zo it this application to: Clerk of the Board of Supervisors 651 Pine St., Room 106 Martinez, CA 94553 Questions about this application? Contact the Clerk of the Board at (925) 335-1900 or by email at Clerko[TheBoard@cob.cccounty.us 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 §62So-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 Fonn also known as a Form 700, and 2} complete the State Ethics Training Course as required by AB 1234. 4. Meetings may be held in various locations and some locations may not be accessible by public transportation. 5. Meeting dates and times are subject to change and may occur up to two (2) days per month. 6. Some boards, committees, or commissions may assign members to subcommittees or work groups which may require an additional commitment of t;ime. 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. THIS FORM IS A PUBLIC DOCUMENT .J My name is Randy Monroe. The natural environment is very important to me. I am passionate about conservation, sustainable practices and ecosystems restoration for both people and the health of the environment. The "natural sciences" are my lifelong mission. I am a California State University East Bay alumni with a Multiple Subject Teaching Credential, a Science Authorization, an Earth and Planetary Science Single Subject Teaching Credential and a Master of Science. I began my studies in Wildlife Biology at the University of Arizona in 1982; one of only two colleges in the US to offer the program at the time. Though I didn't complete it as life took a turn, it has always stayed with me similar to my experience in Boy Scouts hiking many areas of the Appalachian & Rocky Mountains; including the Grand Tetons, Yellowstone, New Mexico & Arizona as a youth. This is my 21st year teaching science in the Mt. Diablo Unified School District. I spent 5 years at Title-One site Glenbrook Middle teaching all levels, languages and abilities (mainstream & Structured English Immersion and in Gifted and Talented Education as the GATE Coordinator) in Earth, Life, Physical sciences. I was also a district facilitator in the former "Talents to Go" GATE Summer School Program through my early tenure at Foothill Middle School; a National Blue Ribbon & California Distinguished public middle school in Walnut Creek. This is my 15th year at FMS and I teach 6th & 7th grade levels of middle school. Throughout my tenure, I have specialized in numerous standards-based science field study trips that give students the opportunity to explore science in natural settings with annual visits to the Monterey Bay Aquarium & Marine Mammal Whale Watching and a 3-day/2-night trip to Lassen Volcanic National Park and surrounding area. I have worked with Chris Miller from Contra Costa County Vector Control and Mosquito Abatement for 20 years rearing and raising many species of threatened native fish in my classroom. Through California Fish & Wildlife, I have housed a number of native ectotherms or cold-blooded animals in my home classroom; approximately 20 "class" local species representatives -reptiles (Westem Pond turtles, Gopher, King & Garter snakes & Alligator & Western Fence lizards), amphibians (Pacific Tree frogs, California toads & California Slender salamanders), tarantula & wolf spiders (arthropods), crustaceans (Crayfish) mollusks (clams & snails), fish (Sacramento Perch, Tule Perch, Flounder, Split-tail, Sacramento Sucker, 3-Spine Stickleback, Blackfish, California Roach, & Rainbow Trout). I also have many specimens of macro and benthic invertebrates. Unfortunately, everything changed in March 2020 and many now have new homes. And . notably, I was the only teacher to seNe on the board for California Fish & Wildlife's "Trout in the Classroom". I have also worked with CF&W to mitigate permitting issues for educators between the great many departments within the bureaucracy: including law enforcement, science divisions and regulatory law. I am an Education Fellow on the NASA & Johns Hopkins Applied Physics Lab: New Horizons mission to Pluto. My father Jim Christy discovered Pluto's binary companion Charon in 1978; naming it after my mother Charlene. 2018 marked the 40th Anniversary of the discovery where I filmed this short for NASA as the the last film crew at Kilauea before its most recent eruption - https://www.youtube.com/watch?v=OkAWfomqC7E I was at the launch in 2006, the "Close Approach" to the Pluto/Charon System in 2015 and recently for Kuiper Belt Object (KBO) 2014MU69; aka Arrokoth in 2019. I am friendly with the entire scientific and engineering team including Principal Investigator Dr. Alan Stern. More on the New Horizons mission can be found at: http://pluto.jhuapl.edu/index.php I have worked through Silicon Valley's Industrial Initiatives for Science and Math Educators (llSME) now referred to as "Ignite" at Lockheed Martin Space Company in Sunnyvale in the area of missile , ' ... ,. defense; particularly infrared (IR) technologies, which I embed in the classroom curricula when we study climate and green-house gases. I was also adjunct faculty with the Department of Energy's Joint Genome Institute (DOE JGI) in the Microbial Ecology Department studying extremophiles (extreme-living bacteria). I participated in cutting-edge genomic research and was sent to Yellowstone on a sampling mission to find these novel bacteria; also found at hydrothermal vents deep in the oceans discovered by famed oceanographer and explorer and another acquaintance Dr. Robert Ballard. I have developed curricula in the areas of astro-biology and cryo-volcanism, particularly for the icy bodies of Jupiter's moon Europa, Saturn's moon Enceladus and the amazing Pluto/Charon system; as I am friendly with Europa Clipper Mission Principal Investigator Dr. Robert Papplardo While in Yellowstone through the DOE JGI, I met and began collaborations with Dr. Douglas Smith and Rick Mcintyre lead biologists for the 1995 Wolf Reintroduction; which I followed before its inception. The study of "Keystone Species" and "Trophic Cascades" has been amazing in deepening our understanding of the intricacies of the 'Web of Life". Yellowstone is my Disneyland and I have had the good fortune of witnessing nature "up close and person" including gray wolves within only a few feet. I have also spent time in Costa Rica and seen a great many of the flora & fauna that it offers. I also spent the 1990s doing a lot of scuba diving. I collaborate with a variety of leading environmental organizations and institutions as an advocate to provide stronger protections for flora & fauna and ecosystems. I was an Educator for the NASA & Lawrence Berkeley Space Sciences Lab: MAVEN mission -the Mars Atmosphere Volatile EvolutioN-which launched in November 2013. http://www.nasa.gov/mission_pages/maven/main/index.html#. UhvaH9LihAJ In 2016, I served on the Editing Team for the California Commission on Teacher Credentialing for their Credentialing Subject Examination Test {CSET) for prospective Earth & Planetary Science Teachers and I was also on the MDUSD's NGSS Middle School Leadership Team. That's in-part how I came to be a team member for the newly adopted Earth & Planetary Sciences CSET for prospective science teachers in California that is overseen by the California Commission on Teacher Credentialing and Pearson. I am a member of the American Geophysics Union (AGU), American Association for the Advancement of Science (AAAS), Northern California Geologic Society (NCGS), National Earth Science Teachers Association (NESTA), Northern California Geologic Society, (NCGS), National Science Teachers Association {NSTA), and California Science Teachers Association (CSTA), Sierra Club, Nature Conservancy, and a great many leading environmental organizations. I would very much appreciate consideration to serve on OUR local county Fish & Wildlife Committee to allow my experience, understanding and voice on the funding of important issues involving sustainability, conservation, habitat restoration. Thank you. Sincerely, James R (Randy) Monroe MS James R. (Randy) Monroe Objective: To hold a position that will offer challenges and responsibilities emphasizing personal and professional growth within both the scientific and academic communities; synthesizing scientific practice & technology with "real-world" application in the education of the public. Key Qualifications: • Well organized, charismatic and passionately motivated with both adults and children • Exceptional problem solving ability • An ability to effectively communicate with individuals on all levels including American Sign Language and Spanish • Director and facilitator of numerous standards-based scientific field/study trips, grants and fund-raising events Certifications: • Professional Clear Multiple Subject Teaching Credential with a Science Authorization • Single Subject Teaching Credential: Earth and Planetary Sciences • Master of Science Education 2010 California State University East Bay Concord, CA -Masters of Science Education in Technology Leadership 2009 California State University East Bay Concord, CA -Single Subject Earth & Planetary Science 2004 California State University East Bay Concord, CA -Professional Clear Multiple Subject Teaching Credential with a Science Authorization in General Science 2002 -2004 Diablo Valley College Pleasant Hill, CA -Lower Division Science coursework for curricular alignment to Earth, Life & Physical Sciences in secondary science education. 2000 California State University East Bay Concord, CA -Preliminary Multiple Subject Teaching Credential 1998 California State University East Bay Hayward, CA -Bachelor of Arts: Liberal Studies/Psychology 1993-1995 Diablo Valley College Pleasant Hill, CA -Liberal Studies 1984-1986 Pima Community College Tucson, AZ. -Business Administration 1982-1984 University of Arizona Tucson, AZ -Wildlife Biology Relevant Teaching & Educational Experiences: 6/15-6116 Pearson & California Commission on Teacher Credentialing Subject Examination Test (CSET) for Earth & Planetary Science Teachers; both editing teams 6113 -6/18 Lawrence Berkeley National Laboratories Berkeley, CA -Mars Atmosphere and Volatile Evolution (MA VEN) Educator 6/08 -9/09 Edward Teller Educational Center Lawrence Livermore National Laboratories Livermore, CA Teachers Research Academy: Light Physics 6107 -1/09 Industrial Initiatives for Science and Math Educators San Jose, CA Adjunct Faculty Microbial Ecology Program (MEP) at the Department of Energy Joint Genome Institute Walnut Creek, CA 6106 -9/06 Industrial Initiatives for Science and Math Educators San Jose, CA Lockheed Martin -Missile Defense: Multiple Kill Vehicle -Infrared Technology 1/06 -on-going NASA & Johns Hopkins Applied Physics Lab Laurel, MD -New Horizons Educator NASA Mission to Pluto 8106 -on-going Mt. Diablo Unified School District: Foothill Middle School Walnut Creek, CA Earth, Life, Physical & Environmental Science Teacher 8/01 -6106 Mt. Diablo Unified School District: Glenbrook Middle School Concord, CA Earth, Life, Physical, Structured English Leaming (SEL), English Language Leaming (ELL), Gifted and Talented Education (GATE) Coordinator 6/03 -7 /09 Mt. Diablo Unified School District: Summer School Concord, CA Gifted and Talented Education (GATE) "Talents To Go" Summer School Science 6/01 -8/01 Mt. Diablo Unified School District: Summer School Concord, CA 8th Grade Math Intervention Specialist 8/00 -6/01 Antioch Unified School District Antioch, CA Intermediate (4/5) Special Education 6100 -7100 Benicia Unified School District Benicia, CA Intermediate (4/5) Special Education 3/00 -6100 Pittsburg Unified School District Pittsburg, CA 3rd Grade Co-Teacher 9/97 -6/99 Mt. Oiablo Unified School District Concord, CA Teacher Aide: physically and developmentally handicapped Other On-going Employment: Professional Musician & Music Management -knowledgeable and versed with all facets of the music industry including: performance, bookings, entertainment direction, management, live promotion & production, writing and recording, and public relations. Previous Employment: • Contracting -sub contracting skill positions specializing in painting, remodeling, electrical and tile. • Retail -grocery and drug store cashier, customer service, and inventory management. • Restaurant & Food Services -food prep, cook, saute chef, and management. • Hospital Messenger/Transporter -90 bed hospital requiring physical abilities and elevated organizational skills and knowledge of many procedural facets. References: Available upon request Submit Date: Aug 21, 2020 First Name Middle Initial Last Name Home Address Suite or Apt City State Postal Code Primary Phone Email Address Contra Costa County Boards & Commissions Application Form Profile Which supervisorial district do you live in? District 3 Education Select the option that applies to your high school education * High School Diploma College/ University A Name of College Attended Samantha Moy Degree Type / Course of Study / Major Bachelors of Science Degree Awarded? Yes No College/ University B Name of College Attended California State University, East Bay Samantha Moy BRENTWOOD CA 94513 Samantha Moy Page 1 of 4 Degree Type / Course of Study / Major BS Degree Awarded? Yes No College/ University C Name of College Attended Los Medanos Degree Type / Course of Study / Major AA Degree Awarded? Yes No Other schools / training completed: Course Studied PMP, CSM(Scrum), CSPO(Scrum) Certifications Hours Completed n/a Certificate Awarded? Yes No Board and Interest Which Boards would you like to apply for? Fish & Wildlife Committee: Submitted Seat Name Committee Member Have you ever attended a meeting of the advisory board for which you are applying? Yes No Samantha Moy Page 2 of 4 Upload a Resume If you have attended, how many meetings have you attended? n/a Please explain why you would like to serve on this particular board, commitee, or commission. I am passionate about the environment and sustainability. I am hoping to gain more experience in this area. I am enjoy supporting the Greenbelt alliance, Save Mt Diablo, Friends of Sand Creek, meal on wheels and participate in activities and volunteer for these organizations. My family has generational ties to the East Contra Costa area and enjoy its many aspects as often as possible. I have extensive strategic project experience and am certified as PMP, CSM, and CSPO. If I were to get this position I hope to make a positive impact for all Contra Costa and learn valuable information on the environment and FWC processes/procedures that are used to make where we live a better place. Qualifications and Volunteer Experience I would like to be considered for appointment to other advisory boards for which I may be qualified. Yes No Are you currently or have you ever been appointed to a Contra Costa County advisory board, commission, or committee? Yes No List any volunteer or community experience, including any advisory boards on which you have served. Save Sand Creek-volunteer, Save Mt Diablo-supporter, Meal on Wheels-volunteer(driver/Covid 19 emergency support), Greenbelt Alliance-supporter and San Francisco Bay Area PMI Sustainability volunteer team member. Describe your qualifications for this appointment. (NOTE: you may also include a copy of your resume with this application) Please see resume Conflict of Interest and Certification Do you have a Familial or Financial Relationship with a member of the Board of Supervisors? Yes No Samantha_Moy_Resume_v3__2_.pdf Samantha Moy Page 3 of 4 If Yes, please identify the nature of the relationship: Do you have any financial relationships with the County such as grants, contracts, or other economic relations? Yes No If Yes, please identify the nature of the relationship: Please Agree with the Following Statement I certify that the statements made by me in this application are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I acknowledge and undersand that all information in this application is publicly accessible. I understand that misstatements and/or omissions of material fact may cause forfeiture of my rights to serve on a board, committee, or commission in Contra Costa County. I Agree Samantha Moy Page 4 of 4   Samantha Moy  Senior Project Manager, Business Planning and Strategy    Brentwood, CA 94513      EXPERIENCE  HItachi Vantara, Santa Clara​— Global ​Project Manager,  Business Planning and Strategy  JUNE 2018 - PRESENT  ●Managed team to segment business unit divisions of product for  forecasting, reporting and compensation purposes due to  company split. Evaluated options including outsourcing.  Liaised with the executive team on recommendations. Created  digital adoption platform which educated sales resulting in  increased forecast visibility of 5% and additional depth for  corporate wide reporting.  ●Led cross functional sales and services team for forecast  standardization initiative. Integrated services to the forecasting  dashboards, cadence and process while increasing visibility for  executive level and board members. Aligned services  geo/region/district with sales to correctly report revenue and  dashboards. Dynamically addressed issues and updates  resulting in increased clarity and accuracy of the forecast.  ●Oversaw Pentaho merger and acquisition activity to combine  two CRM platforms and meet IFRS deadline for ordering.  Presented options to the executive team. IFRS deadline was met  with all orders from the newly acquired company flowing  through to Oracle.  ●Drove executive leadership in the first competitive war room  which resulted in the increase in NPS score, redesign of the  competitive strategy, and adoption of competitive application.  ●Currently creating the operating model for the Business Strategy  and Planning team.  Hitachi Vantara​, Santa Clara— ​Salesforce Sales Cloud Project  Manager  MARCH 2016 - JAN 2018  This project included the transition from our existing CRM to SFDC. with  numerous custom integrations, validations and new automations for  opportunity, quote, order, finance, global trade compliance and  reporting. This was an enterprise level implementation of SFDC which  utilized an outsourced 3rd party company. Collaborated with sales,  services, finance, global trade compliance and supply chain workstreams  from concept to delivery. Our process improvements and increased  Patent and Certifications    US Patent-Cordless USB Mini  Wheel Mouse US 670400382  PMI- PMP #20412241 Certified Scrum Master and Certified Scrum Product Owner ID712807  SKILLS  Program Management  Project Management  Framework design  Scope design  Resource allocation  Project planning  Leadership  Agile methodologies  Business Liaison  Compliance  Governance  Cross Functional Team  Management  Partner pilot  Application Design  Product Design  Integration design  Release Management SME  Quality Assurance  User Acceptance testing  visibility to the sales cycle improved overall productivity by 30%.  Hitachi Data Systems, Santa Clara ​— ​Specialist Business  Process Analyst  JAN 2010 - MARCH 2016  Spearheaded the planning, design, implementation, deployment,  training, testing and application workflow used to release or deploy all  products to production systems to reduce/streamline product release  cycle time and identify issues in the system or product that would slow  product getting to customer. Addressed merger and acquisition product  conversions. Release cycle time was reduced by 25%.  Hitachi Data Systems, Santa Clara ​— ​Program Manager  JUNE 2008 - JAN 2010  Managed the technical qualification of software, hardware and solutions  in engineering organization. Presented roadmaps updates and additions  to the engineering leadership team on a quarterly basis.   Hitachi Data Systems, Santa Clara ​— ​Product/Application  Manager  SEPT 2004 - JUNE 2008  Redesigned the interoperability process and matrix used to ensure  customers solutions were prioritized and supported within 90 days by  building a process workflow to link requests to the engineering test  queue which included SLAs and metrics for the team. Interoperability  request cycle time was reduced by 10% and this enabled alignment of the  opportunity, product and engineering teams which improved the sales  cycle.    EMC, Palo Alto​-​Strategic Account Manager  JUNE 2000 - JUNE 2004  Managed strategic projects for HP and IBM     Logitech, Fremont​-Consultant, ​Product Manager  JUNE 1998 - JUNE 2000  Conducted research study on productivity devices in Japanese market.  Managed the OEM black label and handheld product line  Crisis Management  Forecasting   Opportunity, Quote and Order  to cash  Competitive war room  Merger and acquisition      Education    Cal State East Bay  Bachelors of Science in  Business Administration Minor  International Business    Submit Date: Aug 16, 2020 First Name Middle Initial Last Name Home Address Suite or Apt City State Postal Code Primary Phone Email Address Contra Costa County Boards & Commissions Application Form Profile Which supervisorial district do you live in? District 2 Education Select the option that applies to your high school education * High School Diploma College/ University A Name of College Attended Yale University Degree Type / Course of Study / Major BA/Environmental Biology Degree Awarded? Yes No College/ University B Name of College Attended Tufts University Catherine Rogers Orinda CA 94563 Catherine Rogers Page 1 of 4 Degree Type / Course of Study / Major DVM/Veterinary Medicine Degree Awarded? Yes No College/ University C Name of College Attended Degree Type / Course of Study / Major Degree Awarded? Yes No Other schools / training completed: Course Studied Residency/Emergency & Critical Care (Tufts University) Hours Completed >6000 (3 years) Certificate Awarded? Yes No Board and Interest Which Boards would you like to apply for? Fish & Wildlife Committee: Submitted Seat Name at-large member Have you ever attended a meeting of the advisory board for which you are applying? Yes No If you have attended, how many meetings have you attended? Catherine Rogers Page 2 of 4 Upload a Resume Please explain why you would like to serve on this particular board, commitee, or commission. I have a strong interest in wildlife management, especially as it relates to one health and conservation medicine, similar disciplines that focus on the relationship between humans, wildlife and the environment. My background has primarily been in veterinary medicine and environmental biology, but I am looking to get increasingly more involved in policy and wildlife management. Qualifications and Volunteer Experience I would like to be considered for appointment to other advisory boards for which I may be qualified. Yes No Are you currently or have you ever been appointed to a Contra Costa County advisory board, commission, or committee? Yes No List any volunteer or community experience, including any advisory boards on which you have served. My primary volunteer experience is in wildlife medicine (marine, backyard wildlife, avian/raptor). I hope to become more involved in local wildlife medicine and wildlife management in the years to come. Describe your qualifications for this appointment. (NOTE: you may also include a copy of your resume with this application) My undergraduate degree is in environmental biology and my graduate degree is in veterinary medicine. My professional experience includes 16 years as a practicing veterinarian focusing primarily on critical care and pain management in companion animal species. I also have had experience with many different facets of wildlife medicine, including marine mammals, aquatic medicine, backyard wildlife and raptors. As a veterinary student, I interned at the EPA for two summers studying emerging marine diseases in the North Atlantic and I have a strong interest in wildlife management and policy. Conflict of Interest and Certification Do you have a Familial or Financial Relationship with a member of the Board of Supervisors? Yes No If Yes, please identify the nature of the relationship: Catherine Rogers Page 3 of 4 Do you have any financial relationships with the County such as grants, contracts, or other economic relations? Yes No If Yes, please identify the nature of the relationship: Please Agree with the Following Statement I certify that the statements made by me in this application are true, complete, and correct to the best of my knowledge and belief, and are made in good faith. I acknowledge and undersand that all information in this application is publicly accessible. I understand that misstatements and/or omissions of material fact may cause forfeiture of my rights to serve on a board, committee, or commission in Contra Costa County. I Agree Catherine Rogers Page 4 of 4 Contra Costa County BOARDS, COMMITTEES, AND COMMISSIONS APPLICATION Felipe Solis Martinez 94553 District V Golden Gate University, School of Law LAW DeVry University Electronic Engineering Technology Fish and Wildlife Committee At Large I am interested in serving on this committee because I feel that the preservation and enhancement of animal habitats and natural spaces is important for the maintenance of our ecosystem. I spend a lot of time in nature with my young children, and I want to do my part to make sure that our natural resources and diversity of wildlife is available for future generations. As an attorney I have worked on cases involving matters related to real estate including real estate litigation, land use law, real estate transactions, regulatory compliance, and environmental review. I have have been responsible for researching legal requirements, analyzing legal issues, advising clients, and preparing legal documents. Print Form Felipe Solis , Martinez, California 94553 – 1 State Bar of California, Member #278381 EDUCATION: Golden Gate University School of Law, San Francisco, California Degree: Doctor of Jurisprudence, May 2011 Specialization: Litigation Awards: Witkin Award in Special Problems in Civil Procedure Cali Award in Appellate Advocacy Activities: Semifinalist, Appellate Advocacy Competition, Moot Court Board Member DeVry University, Fremont, California Degree: Bachelor of Science in Electronic Engineering Technology SKILLS: Familiar with Amicus Attorney, Microsoft Office Suite, Relativity, Recommind, Ringtail, Omnix (Xerox), Concordance, Westlaw, LexisNexis, etc. EXPERIENCE: Law Office of Dana Dean Benicia, California November 2013 – Presents Associate Attorney Work on cases involving matters related to real estate including real estate litigation, land use law, real estate transactions, regulatory compliance, regulatory development, and environmental review. Responsible for researching legal requirements, analyzing legal issues, advising clients, and preparing legal documents including, but not limited to, civil complaints, civil motions, ex parte applications, discovery documents, petitions, contracts, leases, demand letters, comment letters, Public Records Act requests, and permit applications. Conduct investigative research involving historical records, estate transfers, regulatory public reporting, and political opposition. Various Legal Recruiters, Bay Area, California Contract Attorney Beacon Hill (1 Project) January 2014 – April 2014 Robert Half Legal: (2 Projects) January 2013 - December 2013 Update Discovery: (11 Projects) October 2012 – August 2013 Pathways Personnel (1 Project) July 2013 Hudson Legal: (1 Project) January 2013 Performed document reviews for various companies, among other things, involved in agriculture biotechnology, consumer electronics, and the facilitation of government supply contracts negotiations. The subject matter of these cases included breach of contract, patent infringement, Felipe Solis , Martinez, California 94553 – 2 regulatory investigations, copyright infringement class action suits, and a qui tam lawsuit. The reviews involved analysis for relevancy, privilege, confidentiality, creating privilege logs, redacting privileged information and performing quality control. San Francisco District Attorney’s Office San Francisco, California Volunteer Assistant District Attorney June 2012 – October 2012 Managed a misdemeanor caseload. Conducted three misdemeanor jury trials. On three occasions, successfully selected a panel of twelve impartial jurors and two alternates based on their answers to carefully tailored questions. Appeared in court for weekly pretrial conferences. Evaluated cases for evidentiary requirements. Directed law enforcement personnel in conducting further investigations. Negotiated plea agreements. Investigated restitution issues. Wrote oppositions to and argued motions to suppress, Jones motions, motions to consolidate, and motions for continuance. Coordinated with members of law enforcement, crime victims, and witnesses in preparation for court hearings. Alameda County District Attorney’s Office Oakland, California Volunteer Attorney February 2012 – June 2012 Performed document review on capital homicide cases for compliance with discovery requests on appeal. Reviewed the daily transcripts of a capital homicide trial in order to verify their accuracy for certification. Reviewed police reports in order to determine the sufficiency of preliminary evidence. Worked with the “Strike Force” prosecution team and the homicide pretrial team in the prosecution of criminal suspects by researching legal issues and preparing for trial. Contra Costa County District Attorney’s Office Martinez, California Law Clerk June 2010 – August 2010, July 2009 – August 2009 Prosecuted criminal suspects by conducting court hearings, answering motions, and researching legal issues. Conducted a bench trial, motion to suppress evidence, pretrial conferences, detention hearings, disposition hearings, and motions to dismiss the information. Wrote answers to motions; for the suppression of evidence, severance of trials, dismissal of charges due to the destruction of evidence, and dismissal of the information. Contacted witnesses to verify subpoena receipt and court appearance details. Served subpoenas and transcribed witness interviews. Aspectrics, Inc. Pleasanton, California Applied R&D Specialist June 2005 – August 2008 Developed and maintained the infrastructure for the manufacturing department of a startup company specializing in the development of cutting edge mass spectrometers. Directed the daily operations of the manufacturing department. Coordinated the resources of multiple departments to facilitate new product development. Drafted detailed documents used for employee training, marketing, and quality certification within the electronics industry. Collaborated with industry professionals to tailor product development to meet industry needs. Trained staff members on Felipe Solis Martinez, California 94553 – 3 existing products and new product developments. Performed complex problem analysis in high pressure situations. Sanmina-SCI Corporation, San Jose, California Manufacturing Technician III July 2002-May 2005 Manufactured a variety of complex mechanical, electrical, and optical equipment including explosive detection systems, semiconductor processing tools, and mass spectrometers. Designed electronic test jigs used as part of the manufacturing process. Consulted with clients regarding contract specifications. Negotiated with clients delivery schedules. Prepared status reports relating to product development. Responsible for introducing new products into the manufacturing process. Received specifications and training from clients and developed the infrastructure to support their product. Supervised a diverse group of employees in daily operations and directed an elite problem analysis team. Designed electronic equipment used in the manufacturing process. RECOMMENDATION(S): Appoint Marielle Boortz to Hazardous Materials Commission League of Women Voters Seat and appoint Madeline Kronenberg to Hazardous Materials Commission League of Women Voters Seat Alternate for terms expiring on December 31, 2024. FISCAL IMPACT: Not applicable. BACKGROUND: The Hazardous Materials Commission was established in 1986 to advise the Board of Supervisors, County staff and the mayor’s council members, and staffs of the cities within the County, on issues related to the development, approval and administration of the County Hazardous Waste Management Plan. Specifically, the Board charged the Commission with drafting a hazardous materials storage and transportation plan and ordinance, coordinating the implementation of the hazardous materials release response plan and inventory program, and to analyze and develop recommendations regarding hazardous materials issues with consideration to broad public input, and report back to the Board on Board referrals. The bylaws of the Commission provide that League of Women Voters Seat and League of Women Voters APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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 Kent, 925-313-6587 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Michael Kent, Marcy Wilhelm C. 20 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 17, 2020 Contra Costa County Subject:Appointments to Hazardous Materials Commission BACKGROUND: (CONT'D) Seat Alternate be nominated by the League and appointed by the Board of Supervisors. CONSEQUENCE OF NEGATIVE ACTION: Is this action is not approved, the seat will be unfilled. RECOMMENDATION(S): APPOINT Larry Fernandes to the Alternate to the Member of Board of Supervisors Representative seat on the Treasury Oversight Committee to complete the unexpired term ending on April 30, 2022. FISCAL IMPACT: None. Members of the Treasury Oversight Committee receive no compensation for their service. BACKGROUND: The purpose of the Treasury Oversight Committee is to review the County's investment policy, regularly monitor the County Investment Pool's performance, and report on the pool's performance to the Board of Supervisors. The membership of seven comprises: (1) One representative (or Member) appointed by the Board of Supervisors; (2) The County Superintendent of Schools, or his or her designee; (3) One representative selected by a majority of the presiding officers of the governing bodies of the school districts and the community college district in the County; (4) One representative selected by a majority of the presiding officers of the legislative bodies of the special districts in the County that are required or authorized to deposit funds in the County Treasury; and (5-7) Three members of the public, a majority of whom shall have expertise in, or an academic background in, public finance and who shall be economically APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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) 655-2056 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Treasurer-Tax Collector C. 21 To:Board of Supervisors From:David Twa, County Administrator Date:November 17, 2020 Contra Costa County Subject:RECOMMENDATION FOR APPOINTMENT TO THE TREASURY OVERSIGHT COMMITTEE BACKGROUND: (CONT'D) diverse and bipartisan in political registration. (May have no fewer than three nor more than 11 members, additional restrictions are on members). On September 22, 2020, the Board of Supervisors appointed Alternate member Paula Troy to the Member of Board of Supervisors Representative seat on the Treasury Oversight Committee, creating a vacancy in the Alternate seat. The Treasurer-Tax Collector's office opened a recruitment on October 16, 2020 and received one application, attached, from Larry Fernandes. Mr. Fernandes meets the eligibility requirements and is recommended for the seat. To be considered, candidates should have sound knowledge and experience in the field of public and private finance and must be County residents, may not be employed by an entity that has contributed to the reelection campaign of the County Treasurer or a member of the Board of Supervisors in the previous three years, may not directly or indirectly raise money for the County Treasurer or a member of the Board of Supervisors while a member of the Committee and may not work for bond underwriters, bond counsel, security brokerages or dealers, or financial services firms with whom the county treasurer does business, either during his or her tenure on the committee or for one year after leaving the Committee. (Government Code §27132.3). TOC nominations are usually first reviewed by the Internal Operations Committee; however, the recommendation was received shortly after the deadline for the IOC's final 2020 meeting and so could not be considered. The Board is, therefore, asked to approve the recommendation for appointment. ATTACHMENTS Candidate Application_Larry Fernandes_TOC RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 25644 to add one (1) Personnel Technician (AP7B) (unrepresented) position at Salary Plan and Grade B85 1308 ($5,297 - $6,439 and cancel one (1) Teacher-Project (CJN1) (represented) position at Salary Pan and Grade QH5 0974 ($3,451 - $4,195) in Employment & Human Services Department, Administrative Services Bureau. FISCAL IMPACT: Upon approval of this position, the total cost for salaries and benefits will increase by 37,661, including a $3,184 increase in pension costs. This position will be funded 58% by Federal revenue, 36% by State revenue, and 6% of County funds. BACKGROUND: The Employment and Human Services Department Personnel Division is requesting to add one (1) Personnel Technician to support the Personnel Services Unit. The Personnel Technician will assist the Departmental Personnel Analyst assigned to the Community Services Bureau and the other department bureaus in performing the technical and administrative assignments in the administration of recruitments, leave administration, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Michelle Fregoso, (925) 608-5025 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 22 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:November 17, 2020 Contra Costa County Subject:Add one Personnel Technician (unrepresented) and cancel one Teacher-Project (represented) position in Employment & Human Services Department BACKGROUND: (CONT'D) and other technical duties as required. The Personnel Technician will primarily support Community Service Bureau recruitments, which are unique in that 88% of their positions are project positions, with nine (9) recruitments currently open on a continuous basis and in process of adding additional classifications. As September 26, 2019, applicants to CSB’s project recruitments are automatically referred to the department for processing and handling. Typical tasks will include maintaining and overseeing NeoGov system and notice templates, screening of applications to determine if applicant(s) meets minimum requirements; analyzing and interpreting transcripts and credentials for teaching staff; coordinating the department interviews; reports and processing personnel transactions to assure timeliness and accuracy. The Personnel Technician may also assist the Department HR Analyst with leave administration for CSB employees, specifically FMLA and medical leave of absence correspondence and logs. This position may also provide lead direction to the personnel clerical support staff assigned to CSB and other bureaus. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Personnel Division will not have the staff necessary to meet the increasing human resource needs of the Community Services Bureau and other department bureaus. CHILDREN'S IMPACT STATEMENT: This action of adding a Personnel Technician to assist with recruitment of Community Service Bureau Head Start and other EHSD department Bureaus will support one of the five Contra Costa County's community outcomes – Outcome 1- Children Ready for and Succeeding in School. AGENDA ATTACHMENTS Fiscal Analysis CAO Freeze Approval AIR 39909 P300 25644 Add and Cancel MINUTES ATTACHMENTS Signed P300 25644 SALARY AND BENEFIT (INCLUDING PENSION) COSTS PER JOB CLASSIFICATION REQUEST TO TRADE (1) TEACHER-PROJECT (Position # 1092) to (1) PERSONNEL TECHNICIAN ASSIST Request # TBD ASSIST Request # TBD Date:9/11/2020 Date:9/11/2020 COUNTY Annualization Factor 12 Annualization Factor 12 COST Benefit Percentage 70.00%Benefit Percentage 70.00%Increase Pension Percentage 27.55%Pension Percentage 27.55%(Decrease) Budget Unit: 0501 Budget Unit: 0588 NEW POSITION TRADE TO COST FOR ONE COST FOR ONE Classification Personnel Technician (1)Classification Teacher - Project (Position # 1092) Step 1 Monthly Salary 5,297.87$ Step 1 Monthly Salary 3,451.76$ Number of Position 1 Number of Position 1 Benefit Amount 3,709$ Benefit Amount 2,416$ Salary + Benefit 9,006$ Salary + Benefit 5,868$ Annualized Sal+ Ben Cost 108,077$ Annualized Sal+ Ben Cost 70,416$ 37,661$ Effective Mo's 10 Effective Mo's 12 Upcoming Yr. Cost 90,064$ Upcoming Yr. Cost 70,416$ 19,648$ Federal Percentage 58.00%Federal Percentage 50.00% Federal Cost 52,237$ Federal Cost 35,208$ 17,029$ State Percentage 36.00%State Percentage 50.00% State Cost 32,423$ State Cost 35,208$ (2,785)$ Other Funding -$ Other Funding -$ County Percentage 6.00%County Percentage 0.00% County Cost 5,404$ County Cost -$ 5,404$ Annual Pension Cost 14,596$ Annual Pension Cost 11,412$ 3,184$ Fiscal Analyst Accountant:S Mendoza The request is to add 1 Personnel Technician to EHSD Admin This request is a trade to the new 1 Personnel Technician to EHSD Admin Step 1 5,297.87$ Step 1 3,451.76$ Step 2 5,562.76$ Step 2 3,624.35$ Step 3 5,840.90$ Step 3 3,805.57$ Step 4 6,132.95$ Step 4 3,995.84$ Step 5 6,439.59$ Step 5 4,195.64$ Federal 58%Federal 50% State 36%State 50% County 6%County 0% TOTAL 100%TOTAL 100% fn: P-300 ASSIST Req Calc Form RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 25643 to add one (1) Information Systems Programmer Analyst IV (LPNB) (represented) at Salary Plan and Grade ZA5 1787 ($7,718.46 - $10,343.47) and cancel one (1) Social Service Information Systems Analyst (XQWD) (represented) position #11263 at Salary Plan and Grade KZ5 1538 ($6,031.9 - $7,331.55) in the Employment and Human Services Department (EHSD), Administrative Services Bureau. FISCAL IMPACT: The Net County Cost for trading position number 11263 (Social Service Information Systems Analyst) for an Information Systems Programmer/Analyst IV would increase the Net County Cost (NCC) by $1,201 annually. There will be an annual pension cost increase by $10,860. Because both of these are CalWIN/CalSAWs specific positions, the funding source/ratios are 95% County and 5% State. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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: Reni Radeva (925) 608 5020 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Reni Radeva C. 23 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:November 17, 2020 Contra Costa County Subject:Add One Information Systems Programmer and Analyst IV and Cancel One Social Service Information Systems Analyst BACKGROUND: CalWIN is the current Welfare and Eligibility System used in Contra Cosa County. CalWIN will be replaced by a State-wide system called CalSAWS which will be implemented by October 2022. New technologies are continually being implemented to support the administration of the programs administered by EHSD. There is a need for advanced level programmer/analyst who has extensive technical knowledge and experience in the areas of programming, reporting, databases, analysis and general network and telephony knowledge. This will complement the program knowledge other team members have. The Information Systems Programmer Analyst IV (ISPA IV) will be assigned the more technical areas of the implementation, administration, maintenance and operations of the CalSAWS Project. It is critical that the ISPA IV be a part of the CalSAWS Project to manage, configure and implement CalSAWS. The ISPA IV will be working primarily on conversion, ancillary systems, interfaces, databases, reporting and technical liaison with EHSD, CalSAWS, various agencies and vendors. The Social Service Information Systems Analyst position has been vacant for over three years, and the duties of the position can be absorbed elsewhere. CalSAWS will be implementing new technical solutions and most of the current ancillary systems that are in place will be integrated into CalSAWS. The implementation, maintenance and support of these new solutions/functionality in CalSAWS require someone with technical expertise. The transition from CalWIN to CalSAWS and the operational needs of the Department during the transitional period necessitate the addition of a new Information Systems Programmer Analyst IV position. As a result, we are cancelling the Social Service Information Systems Analyst and adding the Information Systems Programmer Analyst IV position. CONSEQUENCE OF NEGATIVE ACTION: Without the addition of the Information Systems Programmer Analyst IV to support the transition from CalWIN to CalSAWS, EHSD will not be prepared to implement CalSAWS and poses a high risk to the project which may impact not only Contra Costa but the implementation of other counties as well, especially since our county is a pilot county. Without proper preparation, planning and support, our processes, systems, users and ultimately the public will be adversely impacted as our ability to implement and deliver services is impeded by lack of appropriate resource and support. CHILDREN'S IMPACT STATEMENT: Not Applicable. AGENDA ATTACHMENTS AIR 43373 - budget AIR 43373 P300 25643 Add and Cancel Board date 11.17.2020 MINUTES ATTACHMENTS Signed P300 25643 ASSIST Request - 57095 Date:21-Oct-20 County Annualization Factor 12 Annualization Factor 12 Cost Benefit Percentage 61.42%Benefit Percentage 61.42%Increase Pension Percentage 30.15%Pension Percentage 30.15%(Decrease) Budget Unit/Bureau No:501 501 Currenlty filled by: VACANT TRANSFERRED POSITIONS (New Organization No. 0501)OLD POSITION (Old Organization No. 0501) Old Position Number: 11263 Classification Info Sys Programmer/Analyst IV Classification Soc Svc Info Syst Analyst Budgeted Monthly Salary 8,510$ Budgeted Monthly Salary 6,650$ Benefit Amount 5,227$ Benefit Amount 4,085$ Salary + Benefit 13,736$ Salary + Benefit 10,735$ Annualized Sal+ Ben Cost 164,834$ Annualized Sal+ Ben Cost 128,818$ Effective Mo's 8 Current Yr. Effective Mo's 8 Upcoming Yr. Cost 109,890$ Current Yr. Cost 85,878$ Federal Percentage 0.00%Federal Percentage 0.00% Federal Cost -$ Federal Cost -$ -$ State Percentage 95.00%State Percentage 95.00% State Cost 104,395$ State Cost 81,584$ 22,811$ Other Funding 100%-$ Other Funding 100%-$ County Percentage 5.00%County Percentage 5.00% County Cost 5,494$ County Cost 4,294$ 1,201$ Annual Pension Cost 49,698$ Annual Pension Cost 38,838$ 10,860$ Fiscal Analyst:Chris Dunn 10/21/2020 Step 1 7,718.46 Step 1 6,031.95 Step 2 8,104.38 Step 2 6,333.55 Step 3 8,509.60 Step 3 6,650.23 Step 4 8,935.08 Step 4 6,982.74 Step 5 9,381.83 Step 5 7,331.88 Step 6 9,850.93 Step 6 Step 7 10,343.47 Step 7 Federal 0%Federal 0% State 95%State 95% State 2011 Realign 0%State 2011 Realign 0% State 91/92 Realign 0%State 91/92 Realign 0% Fed/Health 0%Fed/Health 0% County 5%County 5% 100%100% Explanation: The Net County Cost for trading position number 11263 (SOC SVC Info Sys Analyst) position to an Info Sys Programmer/Analyst IV would increase Net County Cost (NCC) by $1,201 annually. Because both of these are CalWIN/CalSAWs specific positions, the funding source/ratios are 95% County and 5% State. POSITION ADJUSTMENT REQUEST NO. 25643 DATE 10/21/2020 Department No./ Department Employment and Human Services Budget Unit No. 0501 Org No. 5101 Agency No. 19 Action Requested: ADOPT Position Adjustment Resolution No. XXXX to cancel one (1) Social Service Information Systems Analyst (XQWD) (represented) position #11263 at Salary Plan and Grade KZ5 1538 ($6,031.9 - $7,331.55), and add (1) Information Sys tems Programmer and Analyst IV (LPNB) (represented) at Salary Plan and Grade ZA5 1787 ($7,718.46 – $10,343.47) in the Employment and Human Services Department (EHSD), Administrative Serv Proposed Effective Date: 11/16/2020 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 $36,016.00 Net County Cost $1,201.00 Total this FY $24,012.00 N.C.C. this FY $800.67 SOURCE OF FUNDING TO OFFSET ADJUSTMENT Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Reni Radeva ______________________________________ (for) Department Head REVIEWED BY CAO A ND RELEASED TO HUMAN RESOURCES DEPARTMENT Dennis Bozanich 10/30/2020 ___________________________________ ________________ Deputy County A dministrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 11/9/2020 Add one Information Systems Programmer Analyst IV (LPNB) (represented) position at Salary Plan and Grade ZA5 1787 ($7,718.46 - $10,343.47) and cancel one (1) Social Service Information Syste ms Analyst (XQWD) (represented) position #11263 at Salary Plan and Grade KZ5 1538 ($6,031.9 - $7,331.55) Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) Gladys Scott Reid 11/9/2020 ___________________________________ ________________ (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 11/9/2020 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 cons idered. 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 j ob 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. 25646 to cancel one (1) Assistant Director-Project (9MD3) (unrepresented) vacant position No. 10506 at Salary Plan and Grade C85 1633 ($6,629 - $8,058) and add one (1) Administrative Services Assistant III (APTA) (represented) position at Salary Plan and Grade ZB5 1631 ($6,614 - $8,039) in the Employment and Human Services, Community Services Bureau. FISCAL IMPACT: The Administrative Services Assistant III position is 50% funded by Federal and 50% by State revenues. This position is part of the Department’s FY 2020-2021 budget. Approval of the request will not result in additional net county cost to the Department. There is no impact to the County General Fund as the action cost will be funded within the Department's current allocation. Cost Savings. BACKGROUND: The Assistant Director-Project position was vacated upon an incumbent’s retirement in January, 2020. CSB's request APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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: Eva Gaipa 925.608.5024 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Eva Gaipa C. 24 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:November 17, 2020 Contra Costa County Subject:Cancel one (1) Assistant Director-Project vacant positon No. 10506; add one ASA III full time position BACKGROUND: (CONT'D) is to cancel an Assistant Director-Project position and to add an Administrative Services Analyst III (ASA III) to ensure that the mandated content areas of nutrition, health, and mental health, disabilities, and parent, family and community partnerships are functioning at full capacity within the Bureau. The ASA III will oversee mandated programs over the Comprehensive Services Unit reporting directly to the Division Manager overseeing the Community Action Program, Child Care and Community Partners and Comprehensive Services. The position ensures compliance with HSPPS 1302.20, which mandates provision of a full range of services under comprehensive services program structure. This position leads the bureau’s systematic approach to ensuring staff acquire knowledge and skills to provide high quality comprehensive services within the scope of job responsibilities (HSPPS 1302.92). An ASA III classification is best suited to oversee specific program areas instead of an Assistant Director-Project as such positions must follow the State Matrix requiring to have a Director’s Permit to oversee child care center operations. CSB would like to fill this position immediately as the current Temporary Upgrade (TU) expires in a few months and the ASA III recruitment recently closed and we are expecting an ASA III Eligible List soon. CONSEQUENCE OF NEGATIVE ACTION: Without an ASA III ensuring compliance over CSB’s comprehensive services content mandated areas of: health, mental health, nutrition, disabilities, and parent and family engagement, there will not be adequate oversight and direction aligned with Head Start Regulations. CHILDREN'S IMPACT STATEMENT: Services to children such as care plans for medical issues, sensory screenings, and follow-up on critical medical, dental, and nutrition records requires adequate oversight to ensure compliance and reasonable and comprehensive accommodations in the program. AGENDA ATTACHMENTS Freeze Exemption Fiscal Analysis AIR 43596_P300 25646 AddCancel in CSB_BOS 11.17.20 MINUTES ATTACHMENTS Signed P300 25646 SALARY AND BENEFIT (INCLUDING PENSION) COSTS PER JOB CLASSIFICATION REQUEST TO TRADE (1) ASSISTANT DIRECTOR to (1) ASAIII ASSIST Request # TBD ASSIST Request # TBD VARIANCE Date:10/29/2020 Date:10/29/2020 Annualization Factor 12 Annualization Factor 12 Benefit Percentage 69.70%Benefit Percentage 69.70% Pension Percentage 27.55%Pension Percentage 27.55% POSITION TRADE TO COST FOR ONE COST FOR ONE Classification Assistant Director (1)Classification ASA III (1) Step 3 Monthly Salary (7,308.95)$ Step 3 Monthly Salary 7,291.68$ Number of Position 1 Number of Position 1 Benefit Amount (5,094)$ Benefit Amount 5,082$ Salary + Benefit (12,403)$ Salary + Benefit 12,374$ Annualized Sal+ Ben Cost (148,839)$ Annualized Sal+ Ben Cost 148,488$ (352)$ Effective Mo's 12 Effective Mo's 12 Upcoming Yr. Cost (148,839)$ Upcoming Yr. Cost 148,488$ Federal Percentage 50.00%Federal Percentage 50.00% Federal Cost (74,420)$ Federal Cost 74,244$ State Percentage 50.00%State Percentage 50.00% State Cost (74,420)$ State Cost 74,244$ Other Funding -$ Other Funding -$ County Percentage 0.00%County Percentage 0.00% County Cost -$ County Cost -$ Annual Pension Cost (24,163)$ Annual Pension Cost 24,106$ Fiscal Officer:V. Kaplan Fiscal Officer:V. Kaplan The request is to trade 1 Assistant Director position for 1 ASA III position within CSB. The ASA III position will be funded 50% State revenue and 50% Federal revenue. Approval of this position request will have no effect on CSB's NCC. Net annualized salary and benefits cost is -$352. fn: P-300 ASSIST Req Calc Form POSITION ADJUSTMENT REQUEST NO. 25646 DATE 11/9/2020 Department No./ Department EHSD-CSB Budget Unit No. 0588 Org No. 1417 Agency No. 19 Action Requested: Cancel one (1) Assistant Director-Project (9MD3) (non-represented) vacant position No. 10506 and add one (1) Administrative Services Assistant III (APTA) (represented) full time position in the Employment and Human Services, CSB Bureau. Proposed Effec tive Date: 11/10/2020 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated wit h request: 0.00 Estimated total cost adjustment (salary / benefits / one time): Total annual cost $148,488.00 Net County Cost $0.00 Total this FY $98,992.00 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT Cost Savings. 50% State Revenue, 50% Federal Revenue CSB Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Eva Gaipa ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Dennis Bozanich 11/9/2020 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 11/9/2020 Cancel one (1) Assistant Director-Project (9MD3) (unrepresented) vacant position No. 10506 at Salary Plan and Grade C85 1633 ($6,629 - $8,058) and add one (1) Administrative Services Assistant III (APTA) (represented) position at Salary Plan and Grade ZB5 1631 ($6,614 - $8,039) in the Employment and Human Services, Community Services Bureau. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) Amanda Monson 11/9/2020 ___________________________________ ________________ (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 Supervis ors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 REQUEST FOR PROJECT POSITIONS Department Date 11/9/2020 No. xxxxxx 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acr onyms 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 cos ts 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 cons idered. 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 d ate 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 j ob 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to approve and authorize relocation payments and to execute relocation claims in connection with the County’s acquisition of the Motel 6 located at 2101 Loveridge Road, Pittsburg, and the relocation of the resident manager of the Motel 6. FISCAL IMPACT: 100% State Homekey and Homeless Emergency Aid Program Funds. BACKGROUND: The County acquired the former Motel 6, located at 2101 Loveridge Road in Pittsburg, to increase the number of beds available to homeless individuals in East County. The County was awarded $21,576,000 of State Homekey money for the purchase and rehabilitation of the site and its operation as a homeless shelter. The acquisition will increase the number of shelter beds permanently available in East County from 20 to 174, an increase of 770%. In addition, the acquisition will enable the County to achieve its goal of APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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: Olivia Reynolds-Freeman 925.957-2462 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 25 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 17, 2020 Contra Costa County Subject:Approve and Authorize relocation claims and payments in connection with the purchase of real property at 2101 Loveridge Road, Pittsburg. BACKGROUND: (CONT'D) creating a permanent service hub in East County to help homeless residents transition into stable living situations - in less time, and at a lower cost, than would be required to develop a new facility. Due to the County’s acquisition of the former Motel 6, the on-site manager and his family will be required to relocate from their current on-site manager’s unit and are entitled to relocation assistance under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended also referred to as the Uniform Act. The Uniform Act requires the County to provide financial assistance to the displaced household to help offset any additional cost related to increased rents and a payment for moving their personal belongings to their new dwelling. (CP #20-20) CONSEQUENCE OF NEGATIVE ACTION: The County will not be able to remit relocation payments in a timely manner, which could result in the relocation beneficiaries not being able to timely secure replacement housing. ATTACHMENTS Rental Agreement 1 RENTAL AGREEMENT This rental agreement is dated as of November __, 2020 (the “Effective Date”), and is between CONTRA COSTA COUNTY, a political subdivision of the State of California (the “County”), and AZAD RAHMAN, RIFFAT RAHMAN and ZAHIN RAHMAN (together, the “Tenants”). Recitals A. The County is the owner of the former Motel 6 located at 2101 Loveridge Road, Pittsburg, California (the “Property”). At the time the County acquired the Property, Tenants lived in the portion of Building #1 shown as the “Manager Apartment” on Exhibit A attached hereto (the “Premises”). B. The County desires to rent to Tenants, and the Tenants desire to rent from the County, the Premises on the terms set forth in this rental agreement. The parties therefore agree as fo llows: Agreement 1. Rental. The County hereby rents the Premises to Tenants and Tenants hereby rent from the County, the Premises on the terms and conditions set forth in this rental agreement. 2. Term. This rental agreement begins on the Effective Date and continues on a month-to- month basis until the Tenants vacate the Premises. Tenants shall vacate the Premises within thirty (30) days after receipt of a notice to do so from the County. 3. Rent. Tenants shall pay monthly rent in the amounts set forth below. Month Monthly Rent November 2020 $ 0.00 December 2020 $ 0.00 January 2021 $500.00 February 2021 and thereafter $600.00 Rent for any fractional month will be prorated and computed on a daily basis with each day’s rent equal to one-thirtieth (1/30) of the monthly rent for that month. Tenant shall pay rent monthly in advance on or before the first day of the month. If any rent is not paid within five (5) days after the due date, a late fee of $25.00 will be added to the amount due and the total sum will be immediately due and payable to the County. Any rent due and unpaid to the County upon the termination of this rental agreement will be deducted from any remaining unpaid relocation benefits payments. 2 All checks and money orders are to be made payable to Contra Costa County and mailed to: Contra Costa County Public Works Department – Real Estate Division Attention: Principal Real Property Agent 40 Muir Road, 2nd Floor Martinez, CA 94553 4. Condition of Premises. The Premises is rented in its “as is” condition. Tenants acknowledge that, of the Effective Date, the Premises are in habitable condition, fit for human occupation and in a clean and tenantable condition. Tenants shall keep the Premises in a clean, decent, safe and sanitary condition, free from the accumulation of debris, fifth, rubbish, garbage, rodents, and ver min. 5. Possession. Tenants are in possession of the Premises. 6. Use of Premises. The Premises may only be used as a personal residence by Tenants and for no other purpose. 7. Subletting. Tenants may not sublet the Premises or assign this rental agreement. Any assignment or subletting will be void and shall, at the County’s option, terminate this rental agreement. 8. Alterations. Tenants may not make or suffer any alterations to be made in or on the Premises without first obtaining the written consent of the County. 9. Liquid-Filled Furniture. Tenants may not keep or suffer any liquid-filled furniture on the Premises without the express written permission of the County. The County reserves the right to deny this permission. 10. Hold Harmless. Tenants shall defend, indemnify, save, protect, and hold harmless the County, its officers, and employees from any and all claims, costs, and liability, including reasonable attorneys' fees, for any damage, injury or death, including without limitation all consequential damages from any cause whatsoever, to persons or property, arising directly or indirectly from or connected with this rental agreement, including, but not limited to, any act undertaken pursuant to the rental agreement, or the Tenants’ use or possession of the Premises, save and except claims or litigation arising from the sole negligence or sole willful misconduct of the County, its officers or employees, and, if required by the County, will defend any such actions at the sole cost and expense of the Tenants. 11. Insurance. The County will not keep Tenants’ personal property insured against fire, or any other insurable risks, and Tenants waive the right to claim damages from the County 3 for any damage resulting to Tenants’ property in the event it is damaged or destroyed by fire or any other cause. Tenants waive the right to claim damages from the County for any damage or loss resulting to any property owned by the Tenants or stored on the Premises, in the event that it is damaged, destroyed or lost as a result of fire, theft or any other cause. Tenants agree, at no cost to the County, to obtain and maintain during the entire duration of tenancy, Renter’s Insurance, including comprehensive liability insurance with a minimum combined single limit coverage of Five Hundred Thousand Dollars ($500,000.00) for all claims or losses due to bodily injury, sickness or disease or death to any person, or damage to the Premises, including loss of use thereof arising out of each accident or occurrence. Evidence of coverage must be furnished to the County within three (3) days of execution of this rental agreement. 12. Failure to Vacate. If Tenants fail to vacate the Premises within thirty (30) days after receiving a notice to vacate from the County, the County, or its authorized agents, may enter upon the Premises and remove Tenants’ personal property therefrom and, in this event, Tenants expressly waive any and all claims for damages against the County, its agents or employees. 13. Relocation Benefits. Tenants’ rights to relocation benefits, if any, (as set forth in California Government Code Section 7260 et seq. and 42 United States Code section 4601 et seq.) have been explained fully to, and are understood by, Tenants. Tenants warrant and represent that Tenants do not have, nor shall they claim, any further right to relocation benefits arising out of or connected with the occupancy of the Premises as tenants; and Tenants knowingly waive any such right or claim. This waiver does not apply to their benefits as former occupants of the Premises. 14. Waste, Quiet Conduct. Tenants may not commit, or suffer to be committed, any waste upon the Premises, or any nuisance or other act or thing that may disturb the quiet enjoyment of other residents in the neighborhood. 15. Inspection of Premises. The County reserves the right by its agents or employees to enter the Premises at any and all reasonable times to inspect the Premises, after notifying Tenants at least twenty-four (24) hours in advance of the inspection. In an emergency, the County may enter the Premises at any time without securing prior permission from Tenants for the purpose of making corrections or repairs to alleviate such emergency. 16. Termination. The County may terminate this rental agreement at any time in the event of a violation on Tenants’ part of any of the terms or conditions of this rental agreement by giving written notice to Tenants to surrender possession of the Premises. 4 Tenants will give the County at least thirty (30) days’ notice of intention to move or vacate the Premises. Upon vacating, Tenants shall leave the Premises in a neat, clean, orderly condition, allowing, of course, for ordinary and normal usage during occupancy; and shall reimburse the County for any damage done to the Premises caused by Tenants’ occupancy or tenancy, other than that due to normal use. 17. County's Right of Entry. Tenants may vacate or abandon the Premises at any time during the term of this rental agreement. If the County's right of reentry is exercised following abandonment of the Premises by Tenants, then the County may consider any personal property belonging to Tenants that has been left on the Premises to have been abandoned, in which case the County may dispose of all such personal property in any manner it deems proper and is hereby expressly relieved of all liability for doing so. 18. Waiver. The waiver by the County of any breach of any term, covenant or condition contained in this rental agreement may not be deemed to be a waiver of any other term, covenant or condition contained in this rental agreement . 19. Written Agreement . Neither party has relied on any promise or representation not contained in this rental agreement. All previous conversations, negotiations, and understandings are of no further force or effect. This rental agreement may be modified only by a writing signed by the County and Tenants. The headings of the paragraphs are for convenience only and are not a part of this rental agreement; nor may they be considered in construing the intent of this rental agreement. 20. Hazardous Substances. Tenants may not store, keep, or use hazardous substances on the Premises. Tenants acknowledge that hazardous substances may permanently and materially impair t he value and use of the Premises. A "Hazardous Substance" is defined to mean any substance, material or waste, including asbestos and petroleum (including crude oil or any fraction thereof), which is or becomes designated, classified or regulated as being "toxic," "hazardous", a "pollutant" or similar designation under any federal, state or local law, regulation or ordinance. Tenants agree to defend, save, protect, indemnify and hold the County harmless from and against all liabilities, claims, actions, foreseeable and unforeseeable consequential damages, costs, and expenses (including sums paid in settlement of claims and all consultant, expert and legal fees and expenses of the County’s counsel) or loss directly or indirectly arising out of or resulting from the presence of any Hazardous Substance as a result of Tenants’ activities, in or around any part of the Premises, including those incurred in connection with any investigation of site conditions or any clean-up, remedial, removal or restoration work, or any resulting damages or injuries to the person or property of any third parties or to any natural resources. 21. Severability. In the event that any provision of this rental agreement is held to be invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions of this rental agreement will not in any way be affected or impaired. 5 22. Time is of The Essence. In fulfilling all terms and conditions of this rental agreement, time is of the essence. The parties are signing this rental agreement as of the Effective Date. COUNTY OF CONTRA COSTA, TENANTS A political subdivision of the State of California By: By: _________________________ Brian M. Balbas Azad Rahman Public Works Director By: _________________________ Riffat Rahman RECOMMEND FOR APPROVAL By: ________________________ Zahin Rahman By: ______________________________ Jessica L. Dillingham Principal Real Property Agent \\pw-data \grpdata \realprop\julin\motel 6 pittsburg\relocation\rahman_2101 loveridge rd_rental agreement v2.docx 6 Exhibit A 2101 Loveridge Road, Pittsburg, CA 94565 RECOMMENDATION(S): Acting as the Board of Supervisors of Contra Costa County, APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute, on behalf of the County, a purchase order with Rosenbauer America, LLC, a third-party lease-purchase agreement with Key Government Finance, Inc. in an amount not to exceed $1,038,271.90, and a lease-purchase agreement with Crockett-Carquinez Fire Protection District, in connection with the lease-purchase of a Rosenbauer 75-foot fire truck (“Truck”) over a five-year term commencing on or about November 16, 2020, as recommended by the Purchasing Agent. Cancel Purchase Order No. 16942, in the amount of $980,360 approved on August 6, 2019, upon the issuance of a corrected purchase order to Rosenbauer America, LLC, in the amount of $991,712.78, for the purchase of the Truck. Acting as the Board of Directors of the Crockett-Carquinez Fire Protection District, APPROVE and AUTHORIZE the Fire Chief to execute, on behalf of the District, a lease-purchase agreement with the County, in an amount not to exceed $1,038,271.90, to acquire the Truck from the County over a five-year term commencing on or about November 16, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 26 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 17, 2020 Contra Costa County Subject:Rosenbauer America, LLC Fire Truck Purchase Agreement FISCAL IMPACT: The total fire truck cost over 5 years is $1,038,271.90. The annual interest rate is 2.25%. Scheduled payments will begin in December 2020. The annual lease purchase payments will be included in the annual Crockett-Carquinez Fire Protection District budget. The County will pass through to the Fire District the payments that the County makes to Key Government Finance, Inc. BACKGROUND: The Crockett-Carquinez Fire Protection District requires the Rosenbauer FX 75’ Mid-Mount Viper Fire Truck (“New Apparatus”) to replace a 1983 American LaFrance Fire Truck. The American LaFrance has had significant mechanical problems. The National Fire Protection Association (NFPA) Standard 1901 for Automotive Fire Apparatus and Standard 1911 for Inspection, Maintenance, Testing and Retirement of In-Service Automotive Fire Apparatus both recommend front-line apparatus be retired into a reserve status after 15 years of service. This is primarily for safety reasons. Older apparatus does not afford firefighters the same level of safety as modern apparatus due to cab designs, inherent safety features incorporated into modern apparatus design, modern breaking systems, and other considerations. The New Apparatus will have a direct and immediate impact on reducing maintenance costs and improving firefighter safety. The New Apparatus meets all current safety standards, including low diesel emission requirements, and a green option to allow the truck to function using a generator instead of idling the diesel motor. In 2018, Rosenbauer America, LLC was awarded NJPA Contract #022828-RSB through a competitive solicitation. The contract awarded by Sourcewell is in effect until April 16, 2022. The New Apparatus purchase price is based on the NJPA contract and meets all competitive bid requirements. The County is in the best position to finance the purchase of the New Apparatus. The County has an existing relationship with Key Government Finance, Inc. (“Key”) and has made several lease-purchases using financing from Key. Key also has indicated that it will not approve financing for the Fire District. To ensure the Fire District can purchase the New Apparatus on the best possible terms, the County will purchase the New Apparatus on behalf of the Fire District under its existing master lease-purchase agreement with Key. The total lease cost will be $1,038,271.90, which includes principal and interest over the five-year lease-purchase term, which commences on or about November 16, 2020. The County will enter into a lease/use agreement with the Fire District to pass through to the Fire District all lease payments being made to Key under the master lease-purchase agreement. The Fire District will be required to indemnify, defend, and hold harmless the County from any liabilities that arise from or are connected with the Fire District's use of the New Apparatus. The Fire District will maintain, operate, use, insure, and be responsible for loss of or damage to the New Apparatus, but title will be held by the County until all lease payments are made. After all payments have been made, the County will transfer title of the New Apparatus to the Fire District. The County Administrator’s Office has approved these transactions on behalf of the County. Staff recommends that the Board approve this item, as recommended, to ensure the Fire District can acquire a critical Apparatus to replace a truck that is beyond its useful life. CONSEQUENCE OF NEGATIVE ACTION: Crockett-Carquinez Fire Protection District will not be able to purchase the New Apparatus, which will result in increased maintenance costs of the older equipment. ATTACHMENTS PO 016942 Lease Purchase Martinez, CA 94553 Public Works 40 Muir Road, 2nd Floor PURCHASING SERVICES V E N D O R S H I P T O I N V O I C E Martinez, CA 94553 Fleet Services 2467 Waterbird Way Public Works Department Lyons, SD 57041 100 Third ST Martinez, CA 94553 Fleet Services 2467 Waterbird Way Public Works Department PO Date: Buyer: Phone: FOB: Terms: Purchase Order Number Tetteh, Victor 016942 09/04/2019 925-957-2494 F.O.B., Destination Net 30 Purchase Order P ALL PACKING SLIPS, INVOICES, AND CORRESPONDENCE MUST REFERENCE THIS PO NUMBER. SUBMIT AN INVOICE TO THE "INVOICE TO" DEPT FOR PAYMENT. Contra Costa County 15387Alt ID #: Rosenbauer South Dakota, LLC Page 1 of 2 Department Requisition Number Bid Number Delivery Date PW-PW120-20-24416PW - Public Works Item #Item Description Quantity Unit Unit Price Total 1 1.00 EA $355,175.00 $355,175.00THIS PURCHASE ORDER IS FOR THE FOLLOWING AS PER THE ATTACHED QUOTE DATED 08/09/2019: ROISENBAUER FX FX BODY. THIS INCLUDES FAMILIARIZATION TRAINING AT FIRE DEPARTMENT. 2 1.00 LOT $5,158.00 $5,158.00DELIVERY FEES. 3 1.00 EA $309,969.00 $309,969.00ROSENBAUER COMMANDER CHASSIS PRICE. 4 1.00 EA $246,223.00 $246,223.00ROSENBAUER 75" MOUNT VIPER AERIAL 5 1.00 LOT $75,187.78 $75,187.78SALES TAX @ 8.25% TOTAL:$991,712.78 $ 991,712.78SUBTOTAL: $0.00 $0.00 DISCOUNT: TAX: Dept. Contact: DEANNA BRANDT Ph# (925)313-7076 Page 2 of 2 Purchaser Manager / Buyer This Purchase Order authorizes the delivery of the above products and services subject to Contra Costa County's standard Terms and Conditions. The County assumes the seller accepts the order and will make delivery as specified herein, unless notified to the contrary within 10 calendar days. Standard Terms and Conditions may be viewed at www.cccounty.us. EN ORGN SUBO TAS OPT ACT/WAP Percent Amount 01-7028-3505- - -100%$991,712.78 RECOMMENDATION(S): 1. APPROVE the allocation of the 2020 Housing Opportunities for Persons with HIV/AIDS (HOPWA) Program CARES Act funds as follows: $122,467 to the County Health Services HIV/AIDS program and $9,218 for program administration; and 2. APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to enter into a Customized Emergency (COVID-19) Grant Agreement with the City of Oakland that authorizes the County to administer $131,685 in HOPWA Program CARES Act funds for housing and supportive services for low-income persons with HIV/AIDS in response to the COVID-19 pandemic, for the period April 1, 2020 through June 30, 2021. FISCAL IMPACT: No General Fund impact. Housing Opportunities for Persons with HIV/AIDS (HOPWA) funds are provided through the U.S. Department of Housing and Urban Development (HUD) to the City of Oakland, as administering agent. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor John Gioia, District I Supervisor Candace Andersen, District II Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Federal D. Glover, District V Supervisor Contact: Kristin Sherk, 925-674-7887 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 27 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:November 17, 2020 Contra Costa County Subject:Customized Emergency (COVID-19) Grant Agreement between the City of Oakland and the County of Contra Costa for HOPWA Program CARES Act funds BACKGROUND: On April 2, 2020, the U.S. Department of Housing and Urban Development (“HUD”) issued a grant award letter to the City of Oakland pursuant to the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) that states, among other things, “The supplemental funds provided under the CARES Act are to be used by HOPWA grantees as additional funding to maintain operations and for rental assistance, supportive services, and other necessary actions, in order to prevent, prepare for, and respond to coronavirus.” The recommendation is to use the allocation of HOPWA Program CARES Act funds to continue Contra Costa Health Service Department's (CCHS) HIV/AIDS program activities that include housing advocacy and housing information services, including client intake, housing needs assessment, assistance with locating affordable housing, assistance with housing-related benefit applications, and permanent housing placement (security deposits). CCHS will continue a Short Term Rental Mortgage Utility (STRMU) Assistance program as part of a homeless prevention strategy to maintain their housing in response to the public health order related to the COVID-19 pandemic, intended to reduce the risks of homelessness and to improve access to health care and other needed support. The CCHS HIV/AIDS group currently manages a STRMU program with HOPWA funds. As proposed CCHS will also manage the HOPWA Program CARES Act STRMU program, which will involve efforts to restore client self-sufficiency and future independence from housing support by the end of the program's term. This will be accomplished using time-limited housing assistance payments for eligible individuals and by the creation of individual housing service plans that include an assessment of current resources and the establishment of long-term goals for recipient households. DCD requests that the Board of Supervisors approve the recommended allocations and attached Grant Agreement in substantially final form, which has been approved by County Counsel. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not approve the Emergency (COVID-19) Grant Agreement with the City of Oakland, the County would not receive and administer $131,685 in HOPWA Program CARES Act funds, and low-income persons living with HIV/AIDS in the County would lose vital housing and supportive services in response to the public health order related to the COVID-19 pandemic. ATTACHMENTS 2020 HOPWA CARES Act Funding Agreement Customized City of Oakland/Contra Costa County 2020 HOPWA CARES Act Emergency (COVID-19) Grant Page 1 of 31 Based on Template Eff. 4/22/20 CUSTOMIZED EMERGENCY (COVID-19) GRANT AGREEMENT BETWEEN THE CITY OF OAKLAND AND CONTRA COSTA COUNTY FOR THE 2020 HOPWA PROGRAM CARES ACT PARTIES AND EFFECTIVE DATE This Emergency (COVID-19) Grant Agreement (“Agreement” or “Contract”) dated April 1, 2020 is made and entered into by and between the City of Oakland, a municipal corporation (the “City”), and CONTRA COSTA COUNTY, a political subdivision of the State of California, (the "Grantee" or “Grantee”) . The City and the County are hereinafter collectively referred to as the “Parties.” Grant Number: CAH20-FHW001 RECITALS WHEREAS, on March 1, 2020, the Alameda County Public Health Department declared a local emergency due to the spread of the “infectious, contagious, or communicable disease” COVID-19 (coronavirus) in Alameda County, pursuant to Health & Safety Code section 101080, which authorizes a local health officer to declare a local health emergency for her/his jurisdiction; and WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a state of emergency in the State of California, due to the spread of COVID-19 in the state, pursuant to California Government Code section 8625, which authorizes the governor to declare a statewide emergency; and WHEREAS, on March 7, 2020, the City Administrator in his/her capacity as the Director of the Emergency Operations Center (EOC), issued a proclamation of local emergency due to the spread of COVID-19 in Oakland; and WHEREAS, on March 12, 2020, the City Council confirmed by resolution (88075 C.M.S.) the proclamation of local emergency, pursuant to Oakland Municipal Code 8.50.050.C, which authorizes the City Administrator to call a local emergency by proclamation provided the City Council confirms the proclamation within seven days; and WHEREAS, on March 23, 2020, the City Administrator in his/her capacity as the Director of the EOC, issued an Emergency Order which, among other things, authorized the City Administrator to approve emergency grants to non-profit and for-profit businesses to provide funding to offset and/or mitigate the financial impact of COVID-19 on business operations; and WHEREAS, on March 27, 2020, the City Administrator in his/her capacity as the Director of the EOC, issued an Emergency Order which, among other things, suspended the requirements set forth in Oakland Municipal Code Section Chapter 2.07 which requires City Council approval of grants and authorized the City Administrator “to accept, appropriate, and distribute in accordance with the conditions of, any and all COVID-19-related monetary grants, donations and gifts in any amount, and any and all COVID-19-related non-monetary grants, donations and gifts of any value, without approval of the City Council;” and Customized City of Oakland/Contra Costa County 2020 HOPWA CARES Act Emergency (COVID-19) Grant Page 2 of 31 Based on Template Eff. 4/22/20 WHEREAS, on April 2, 2020, the U.S. Department of Housing and Urban Development (“HUD”) issued a grant award letter to the City pursuant to the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) that states, among other things, “The supplemental funds provided under the CARES Act are to be used by HOPWA [Housing Opportunities for Persons With AIDS] grantees as additional funding to maintain operations and for rental assistance, supportive services, and other necessary actions, in order to prevent, prepare for, and respond to coronavirus.”; and WHEREAS, the City Administrator has determined that using the selection process set forth in Schedule A, the County will contract with one or more nonprofit housing developers (each a “Developer”) and service providers (each a "Sub-recipient") to carry out projects that result in housing development, supportive services, and/or homeless prevention activities for persons with HIV/AIDS that are needed on an emergency basis; and WHEREAS, funds are available for this Agreement in the Human Services Department Fund (2103), Program [1005319]; Now, therefore, the Parties to this Agreement covenant as follows: AGREEMENT PROVISIONS 1. Grant Subject to the terms and conditions of this Agreement, the City agrees to provide a grant of funds to Grantee in an amount up to $131,685 dollars. (the “Grant”). 2. Scope of Work As a condition of this Grant, Grantee must diligently and in good faith perform the community-related work, services, and activities (“Work”) determined in accordance with the process described in Schedule A, which is attached to this Agreement and incorporated herein (the “Scope of Work”). The County shall select projects to be undertaken (“Activities”) pursuant to this Agreement in accordance with the priority-setting and selection process set forth in Schedule A. A list of Developers, Sub-recipients and Activities approved by both the City and the County will be attached to this Agreement as Schedule A-1 once the list is approved by both the City and the County, which Schedule A-1 shall immediately form part of this Agreement. The County shall use the HOPWA Allocation in accordance with the budget set forth in Schedule B. The HOPWA Allocation may only be used for activities (i) identified in Schedule A-1 that are carried out by the corresponding Developers or Sub-recipients identified on Schedule A-1 and (ii) consistent with the activities described in Section 7 – Use of Funds, below. Amounts received from this Agreement may not be used to replace other amounts made available or designated by State or local governments. Customized City of Oakland/Contra Costa County 2020 HOPWA CARES Act Emergency (COVID-19) Grant Page 3 of 31 Based on Template Eff. 4/22/20 Grantee shall designate an individual who shall be responsible for communications with the City for the duration of this Agreement. The Project Manager for the City shall be Kelly Rush, Program Analyst II, Community Housing Services. 3. Agreement Documents and Provisions Grantee shall perform or arrange for the performance of Work under this Agreement in accordance with conditions of this Agreement including the attached Schedule A in addition to City of Oakland rules, regulations and policies and applicable federal and state laws. The County shall distribute the HOPWA Allocation to Sub-recipients and Developers in the County of Contra Costa. Prior to the execution of any proposed contract in connection with this Agreement, the County shall submit to City a staff report allocating funds and describing the proposed Activities to be funded. The City reserves the right to review and approve the contract, and will provide any comments within 15 days of receipt. Following the execution of any contract by the County in connection with this Agreement, the City reserves the right to monitor the performance of the Sub-recipient and/or Developer under the contract to ensure that the County appropriately administers and monitors said contracts. The County is responsible for ensuring that Sub-recipients and Developers comply with all HOPWA Program requirements, as set forth in 24 CFR Part 574, the AIDS Housing Opportunity Act, as amended by the Housing and Community Development Act of 1992, and any other program requirements imposed by HUD. The relevant requirements are hereby incorporated into this Agreement by reference. The County will ensure all Activities are carried out in compliance with the following federal laws and regulations: a. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4601-4655) and implementing regulations at 49 CFR part 24; b. The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846) and the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851- 4856), and implementing regulations at 24 CFR Part 35; c. Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.); and d. The Coastal Barrier Resources Act, 16 U.S.C. 3501 e. Applicability of OMB Circulars (24 CFR Part 574, Subpart G, 574.605) f. The requirements of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) (Public Law No. 116-136) (3/27/20), as made applicable to the receipt and use of HOPWA supplemental funds under this Agreement Customized City of Oakland/Contra Costa County 2020 HOPWA CARES Act Emergency (COVID-19) Grant Page 4 of 31 Based on Template Eff. 4/22/20 4. Time of Performance The Grant term shall begin on April 1, 2020, and shall end on June 30, 2021 or on the date that the local emergency is terminated by the City Council, whichever is earlier. 5. Method of Payment Grantee shall be paid for the performance of the Work set forth in the Scope of Work in accordance with the Program Budget included in the Scope of Work. Payments shall be made in the amounts stated in the Scope of Work and shall be based on actual eligible costs, fees and expenses incurred by Grantee for the Work. Payments shall be due upon completion of the Work or as otherwise specified in the Scope of Work. Grantee shall submit an invoice accompanied by an itemization of expenditures submitted for reimbursement prepared on the City’s expense forms. Invoices shall state a description of the Work completed, itemized costs, fees and expense and the amount due. The County may submit requests for payment to the City no more than once per month and not less than once per quarter. When submitting a request for payment, the County shall use the Request for Payment form. Each Request for Payment form will include a summary of the funds expended, by budget category and Sub-recipients and Developers, for the months for which funds are requested. The County shall retain, for review by the City, documentation to support the funding requested. In order to receive payment, each request must be substantiated by documentation reasonably sufficient to support the payment requested by the County including documentation of rate and hours for staff and consultant and invoices for non-personnel costs. The County shall grant access to representatives of the City to any supporting documentation within seven days after receipt of a written request by the City. Any income generated by the County from the use of HOPWA Funds governed by this Agreement shall be considered HOPWA program income. All HOPWA program income shall be retained by the County for the term of this Agreement. The use of all HOPWA program income is reserved specifically for HOPWA-eligible Activities listed in Schedule A- 1 and is subject to the terms of this Agreement. Any program income held by the County at the time of the Request for Payment will be used to reduce the total amount disbursed to the County. Funds disbursed to the County may not exceed the amount set forth in the Budget attached as Schedule B or the amount of the HOPWA Allocation as set forth in section 2 herein. The City shall verify and approve requisitions and required supporting data for accuracy and programmatic compliance prior to payment. Relevant reports and documents are to be submitted as required within the context of this Agreement. The County's failure to comply with these requirements will cause a delay in payment and could result in termination of the Agreement. The City shall be responsible for the IDIS system, setting up all projects and activities, and tracking budgets in the HUD system. The City shall draw funds as required Customized City of Oakland/Contra Costa County 2020 HOPWA CARES Act Emergency (COVID-19) Grant Page 5 of 31 Based on Template Eff. 4/22/20 for timely reimbursement. The County shall assist the City in IDIS management as needed and as requested by City. All authorized financial obligations incurred in the performance of this Agreement must be reported to the City within sixty (60) days of the expiration of the Performance Period under the Agreement, as such period may be adjusted from time to time. No claims submitted after the sixty-day period shall be recognized as binding upon the City for reimbursement. Any financial obligation and/or debts incurred by the County and not reported to the City within the sixty-day period may become the sole liability of the County, and the City may be relieved of any and all responsibilities unless there is a justifiable cause and valid reason of delayed submission. Subject to applicable requirements described in HOPWA regulation Title 24 C.F.R. sections 574.310, 574.320, 574.330, and 574.340, HOPWA Allocation is meant to assist all forms of housing designed to assist Low Income Persons with HIV/AIDS, including preventing homelessness, providing emergency housing, shared housing arrangements, apartments, single room occupancy (SRO) dwellings, and community residences. Appropriate supportive services, as required by section 574.310(a), must be provided as part of any HOPWA- assisted housing, but the County may use the HOPWA Allocation to provide services independent of any housing activity. The County shall ensure that the HOPWA Allocation is used only for HOPWA-eligible activities as approved by the City identified in Schedule A-1 and that fall under one or more of the following activity categories: a. Housing information services including, but not limited to, providing counseling, information and referral to assist an eligible person to locate, acquire, finance and maintain housing. This may include Fair Housing counseling for eligible persons who may encounter discrimination on the basis of race, color, religion, sex, age, national origin, familial status, or handicap; b. Resource identification to establish, coordinate and develop housing assistance resources (preliminary research, determining feasibility of specific housing related initiatives). c. Acquisition, rehabilitation, conversion, lease, and repair of facilities to provide housing and services. d. New construction (SROs and community residences only). e. Project or tenant-based rental assistance, including assistance with shared housing arrangements. f. Short-term rent, mortgage, and utility payments to prevent homelessness. g. Supportive services including, but not limited to health, mental health assessment, permanent housing placement, drug and alcohol abuse treatment and counseling, day care, personal assistance, nutritional services, intensive care when required, Customized City of Oakland/Contra Costa County 2020 HOPWA CARES Act Emergency (COVID-19) Grant Page 6 of 31 Based on Template Eff. 4/22/20 and assistance in gaining access to local State and Federal government benefits and services, except that health services may only be provided to individuals with acquired immunodeficiency syndrome or related diseases and not to family members of these individuals; h. Operating costs for housing, including maintenance, security, operation, insurance, utilities, furnishings, equipment and other incidental costs. I. Technical assistance in establishing and operating a community residence, including planning and other predevelopment or pre-construction expenses and outreach and education regarding HIV\AIDS to persons residing in close proximity. The documents submitted shall be reviewed and approved for payment by the Project Manager. The City shall have sole and absolute discretion to determine the sufficiency of supporting documentation for payment. Determination of satisfactory completion of the Scope of Work will be based on an overall assessment of the progress Grantee has made towards achieving the goals of the Agreement and the performance measures. All authorized obligations incurred in the performance of the terms of this Agreement must be reported to the City within 30 days following the completion or termination of this Agreement. No claims submitted after the 30-day period will be recognized as binding upon the City for payment. Any obligations and/or debts incurred by Grantee and not reported to the City within the 30-day period become the sole liability of Grantee, and the City shall be relieved of any and all responsibilities. 6. Prompt Payment This Agreement is subject to the Prompt Payment Ordinance codified in Chapter 2.06 of the Oakland Municipal Code. Under said Ordinance, the City must disburse Grant funds to Grantee within 20 business days after receipt of an undisputed request for payment. An undisputed request for payment is a request for payment that is not a “disputed invoice” within the meaning of the Prompt Payment Ordinance. Under the Ordinance, a “disputed invoice” is an invoice or request for payment that is either (1) improperly executed by Grantee, (2) contains errors, (3) requires additional evidence to determine its validity, and/or (4) contains expenditures or proposed expenditures that are ineligible or that do not otherwise comply with reimbursement or disbursal requirements of the City or another grant funding source. If a request for payment is “disputed”, the payment/disbursal shall not be subject to late penalties until the dispute is resolved. In the event a request for payment is disputed, the City shall notify Grantee and the City’s Liaison (as defined in the Prompt Payment Ordinance) in writing within five business days of receiving the disputed request for payment that there is a bona fide dispute, in which case the City shall withhold the disputed amount and may withhold the full amount if the funding source for the Grant requires that the disputed expenditures be fully resolved prior to any disbursement of Grant funds. If the funding source for the Grant requires its review and approval before payments are made to Grantee, this period shall be suspended for any period of review by said agency. Customized City of Oakland/Contra Costa County 2020 HOPWA CARES Act Emergency (COVID-19) Grant Page 7 of 31 Based on Template Eff. 4/22/20 Section 2.06.060 of the City’s Prompt Payment Ordinance, which provides for a 10% interest penalty for the City’s failure to make timely payment in accordance with the Ordinance, has been suspended by Section 10 of the Emergency Order of the City of Oakland issued March 23, 2020. The suspension of the interest penalty will remain in effect for the duration of the COVID-19 local emergency or until such time as the Emergency Order is rescinded, whichever is earlier. The suspension of the interest penalty under the City’s Prompt Payment Ordinance does not suspend any penalties for failing to make timely payments imposed by federal or state law. In addition, the suspension of the interest penalty under the City’s Prompt Payment Ordinance shall have no effect on Grantee’s prompt payment obligations set forth below; Grantee must continue to comply with the requirements of the Prompt Payment Ordinance. The Prompt Payment Ordinance further requires that, unless specific exemptions apply, Grantee shall pay undisputed invoices of its subcontractors for goods and/or services within 20 business days of submission of invoices unless Grantee notifies the City’s Liaison in writing within five business days that there is a bona fide dispute between Grantee and claimant, in which case Grantee may withhold the disputed amount but shall pay the undisputed amount. Disputed payments are subject to investigation by the City’s Liaison and, and upon the filing of a compliant, Grantee, if opposing payment, shall provide security in the form of cash, certified check or bond to cover the disputed amount and penalty during the investigation. If Grantee fails or refuses to deposit security, the City will withhold an amount sufficient to cover the claim from the next Grant payment. The City, upon a determination that an undisputed invoice or payment is late, will release security deposits or withholds directly to claimants for valid claims. Grantee is not allowed to retain monies from subcontractor payments for goods as project retention, and is required to release subcontractor project retention in proportion to the subcontractor services rendered, for which payment is due and undisputed, within five business days of payment. For the purpose of posting on the City's website, Grantee is required to file notice with the City of release of retention and payment of mobilization fees, within five business days of such payment or release; and Grantee is required to file an affidavit, under penalty of perjury, that he or she has paid all subcontractors, within five business days following receipt of payment from the City. The affidavit shall provide the names and address of all subcontractors and the amount paid to each. 7. Evaluation, Monitoring and Reporting Grantee shall be monitored and evaluated by the City in terms of its effectiveness and timely compliance with the provisions of this Agreement and the effective and efficient achievement of the Scope of Work. Grantee shall undertake continuous quantitative and qualitative evaluation of the Scope of Work as specified in this Agreement and shall make written reports on the results of such evaluation to the Project Manager as reasonably requested by the Project Manager. In addition to the financial requirements described elsewhere in this Agreement, Grantee agrees that authorized representatives of the City may perform fiscal Customized City of Oakland/Contra Costa County 2020 HOPWA CARES Act Emergency (COVID-19) Grant Page 8 of 31 Based on Template Eff. 4/22/20 monitoring of Grantee's record-keeping and reporting to assure compliance with this Agreement. The County may use up to seven percent (7%) of the funds allocated to a particular project (“Project Activity Funds”) for Project Sponsor administrative expenses. The amounts designated as administrative funds in the Budget are to be used as administrative expenditures related to carrying out the HOPWA program activities, housing, and services described in this Agreement in compliance with 24 C.F.R. § 574.500 and 2 CFR§ 200. The County shall conduct an ongoing assessment of the housing assistance and supportive services provided by the Sub-recipients and Developers with the HOPWA Allocation. The County shall conduct the reasonable and necessary recordkeeping and reporting activities described below for the purpose of carrying out the City’s HOPWA program in an effective and efficient manner. Where appropriate, reports and records shall include client race and ethnic data. a. The County shall provide quarterly reports to the City. Quarterly reports shall include all required data and narrative updates of HOPWA activities listed in Schedule A-1 to report to HUD regarding HOPWA activities through the Integrated Disbursement and Information System (IDIS) and the Consolidated Annual Performance & Evaluation Report (CAPER). Quarterly reports are due thirty days following the end of each of the first three quarters of the fiscal year, on October 30, January 30, and April 30. b. The County shall submit annual reports to the City not later than July 31 of each year. Annual reports are to be submitted using HUD’s HOPWA Consolidated Annual Progress & Evaluation Report-CAPER – form HUD-40110-D, form HUD-60002, Section 3 Summary Report, Economic Opportunities for Low- and Very Low-Income Person and the HOPWA Beneficiary Verification form. Reporting requirements and the CAPER & Beneficiary Verification forms can be accessed at the following sites: https://www.onecpd.info/resource/1011/hopwa-caper-form-hud- 40110d/ and http://www.hudhre.info/documents/HOPWACAPERBeneficiaryV erification.doc c. The County shall assess the service provided by Sub-recipients and Developer no less often than every three years; provided, however, (i) the County may assess the service provided by Sub-recipients and Developers as often as every year, (ii) for any Sub-recipient or Developer who had multiple findings during the initial monitoring, the County shall assess the service provided by such Sub-recipient or Developer every year during the term of the contract, and (iii) for any Sub- recipient or Developer who had one finding during the initial monitoring, the County shall assess the service provided by such Sub-recipient or Developer no less often than every two years. By May 30 of each year, the County shall develop Customized City of Oakland/Contra Costa County 2020 HOPWA CARES Act Emergency (COVID-19) Grant Page 9 of 31 Based on Template Eff. 4/22/20 a preliminary monitoring schedule for the next fiscal year. The County shall use a risk assessment tool to determine which Sub-recipients and Developers will be monitored. Existing Sub-recipients and Developers that have the highest number of risk factors, as determined by the County, along with new Sub-recipients and Developers that have never been monitored by the County, will be given the highest priority for monitoring. The City and County shall monitor Sub-recipients and Developers as required by HUD. d. The County shall retain all project files, financial records, and any other documents related to this Agreement for a period of four (4) years from the date of the final annual report of this Agreement, except in the following cases: i. If any litigation, claim, or audit concerning the activities subject to this Agreement is started before the expiration of the 4-year period, the relevant records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. ii. When the County is notified in writing by the City to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for three years after final disposition. e. The City shall monitor and evaluate County’s performance under this Agreement to determine compliance with this Agreement and HOPWA requirements. The County shall cooperate with the City and any federal auditors authorized by the City and shall provide reasonable access to both records and personnel during normal business hours for the purpose of assuring compliance with this Agreement and evaluating performance hereunder. The rights of access in this section are not limited to the required retention period but last as long as the records are retained. 8. Program Income Any income generated by the County from the use of HOPWA Funds governed by this Agreement shall be considered HOPWA program income. All HOPWA program income shall be retained by the County for the term of this Agreement. The use of all HOPWA program income is reserved specifically for HOPWA-eligible Activities listed in Schedule A-1 and is subject to the terms of this Agreement. Any program income held by the County at the time of the Request for Payment will be used to reduce the total amount disbursed to the County. 9. Proprietary or Confidential Information of the City Grantee understands and agrees that, in the performance of the work or services under this Agreement or in contemplation thereof, Grantee may have access to private or confidential Customized City of Oakland/Contra Costa County 2020 HOPWA CARES Act Emergency (COVID-19) Grant Page 10 of 31 Based on Template Eff. 4/22/20 information which may be owned or controlled by the City and that such information may contain proprietary or confidential details, the disclosure of which to third parties may be damaging to the City. Grantee agrees that all information disclosed by the City to Grantee shall be held in confidence and used only in performance of the Agreement. Grantee shall exercise the same standard of care to protect such information as a reasonably prudent Grantee would use to protect its own proprietary data. 10. Records and Audit Grantee must maintain (a) a full set of accounting records in accordance with generally accepted accounting principles and procedures for all funds received under this Agreement, and (b) full and complete documentation of performance related matters such as benchmarks and deliverables associated with this Agreement. Grantee agrees to comply with all audit, inspection, record-keeping and fiscal reporting requirements mandated by the City, and all state and/or federal audit requirements applicable to the funding sources of the Grant. The City shall notify the Grantee of any records it deems in its reasonable judgment to be insufficient. Grantee shall have 15 calendar days from such notice to correct any specified deficiency in the records, or, if more than 15 days shall be reasonably necessary to correct the deficiency, Grantee shall begin to correct the deficiency within 15 days and correct the deficiency as soon as reasonably possible. Grantee must maintain such records for a period of four years following the last fiscal year during which the City paid an invoice to Grantee under this Agreement. Grantee must make available at Grantee’s office for examination at reasonable intervals and during normal business hours to the City’s representatives, as well as representatives of agencies providing funding for the Grant, all books, accounts, reports, files, financial records, and other papers or property with respect to all matters covered by this Agreement, as well as the financial condition of Grantee in general, and shall permit these representatives to audit, examine, and make copies, excerpts or transcripts from such records. The City’s representatives may make audits of any conditions relating to this Agreement, as well as the financial condition of Grantee in general, throughout the term of this Agreement and for three years following the expiration of the term of this Agreement. In addition to the reporting requirements listed in Section 8 – Monitoring and Reporting, the County shall commission an independent auditing firm to prepare and file with the City an annual audit report for the County’s Housing and Community Development department (HCD) for each year during the term of this Agreement. The County’s failure to submit the audit report may result in the termination of this Agreement. The audit report shall be submitted to the City by March 30th of each year during the term of this Agreement. The audit report shall be made in accordance with the provisions of 200 CFR Subpart F. The City will use the audit report to determine whether: 1. The financial statements of the HCD present fairly its financial position and the results of its operations in accordance with generally accepted accounting principles. Customized City of Oakland/Contra Costa County 2020 HOPWA CARES Act Emergency (COVID-19) Grant Page 11 of 31 Based on Template Eff. 4/22/20 2. The HCD has (i) an internal control structure to provide reasonable assurance that the HCD is managing Federal awards in compliance with applicable laws and regulations, and (ii) controls that ensure compliance with laws and regulations that could have a material impact on the HCD’s financial statements. 3. The HCD has complied with laws and regulations for the HOPWA Program that may have a direct and material effect on the HCD’s financial statements. The County shall also submit any internal control monitoring (or audit) conducted for HCD during the term of this Agreement to the City. The County shall require Sub- recipients and Developers with which the County contracts in connection with this Agreement to meet the same audit requirements set forth in this Section. 11. Fraud, Waste and Abuse Grantee must immediately inform the City of any information or complaints involving criminal fraud, waste, abuse, or other criminal activity in connection with the Work. 12. Compliance with Federal Standards Grantee shall be responsible for complying with the terms, conditions, and requirements set forth in 24 C.F.R. Section 574 et seq., and other applicable federal and state laws with respect to federal grants. Subject to applicable requirements described in HOPWA regulation Title 24 C.F.R. sections 574.310, 574.320, 574.330, and 574.340, HOPWA Allocation is meant to assist all forms of housing designed to assist Low Income Persons with HIV/AIDS, including preventing homelessness, providing emergency housing, shared housing arrangements, apartments, single room occupancy (SRO) dwellings, and community residences. Appropriate supportive services, as required by section 574.310(a), must be provided as part of any HOPWA-assisted housing, but the County may use the HOPWA Allocation to provide services independent of any housing activity. The County shall ensure that the HOPWA Allocation is used only for HOPWA-eligible activities as approved by the City identified in Schedule A-1 and that fall under one or more of the following activity categories: a. Housing information services including, but not limited to, providing counseling, information and referral to assist an eligible person to locate, acquire, finance and maintain housing. This may include Fair Housing counseling for eligible persons who may encounter discrimination on the basis of race, color, religion, sex, age, national origin, familial status, or handicap; b. Resource identification to establish, coordinate and develop housing assistance resources (preliminary research, determining feasibility of specific housing related initiatives). Customized City of Oakland/Contra Costa County 2020 HOPWA CARES Act Emergency (COVID-19) Grant Page 12 of 31 Based on Template Eff. 4/22/20 c. Acquisition, rehabilitation, conversion, lease, and repair of facilities to provide housing and services. d. New construction (SROs and community residences only). e. Project or tenant-based rental assistance, including assistance with shared housing arrangements. f. Short-term rent, mortgage, and utility payments to prevent homelessness. g. Supportive services including, but not limited to health, mental health assessment, permanent housing placement, drug and alcohol abuse treatment and counseling, day care, personal assistance, nutritional services, intensive care when required, and assistance in gaining access to local State and Federal government benefits and services, except that health services may only be provided to individuals with acquired immunodeficiency syndrome or related diseases and not to family members of these individuals; h. Operating costs for housing, including maintenance, security, operation, insurance, utilities, furnishings, equipment and other incidental costs. i. Technical assistance in establishing and operating a community residence, including planning and other predevelopment or pre-construction expenses and outreach and education regarding HIV\AIDS to persons residing in close proximity. Grantee has submitted Schedule Z, Certification of Debarment and Suspension, attached hereto and incorporated by reference herein. Project Sponsor and any and all Sub-recipients and Developers shall submit information concerning any investigations and/or discipline imposed by any state or federal authorities by completing Schedule V – Affidavit of Non-Disciplinary or Investigatory Action and Schedule Z – Certification of Debarment and Suspension. 13. Assignment and Subcontracting Grantee may not assign, subcontract, or otherwise transfer any rights, duties, obligations or interest in this Grant or Agreement or arising hereunder to any person, persons, entity or entities whatsoever without the prior written consent of the City, and any attempt to assign, subcontract, or transfer without such prior written consent shall be void. Consent to any single assignment, subcontract, or transfer shall not constitute consent to any further assignment, subcontract or transfer. 14. Publicity Customized City of Oakland/Contra Costa County 2020 HOPWA CARES Act Emergency (COVID-19) Grant Page 13 of 31 Based on Template Eff. 4/22/20 Any publicity generated by Grantee for the program funded pursuant to this Agreement, during the term of this Agreement or for one year thereafter, shall make reference to the contribution of the City in making the project possible. The words “City of Oakland” shall be explicitly stated in all pieces of publicity, including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. City staff will be available whenever possible at the request of Grantee to assist Grantee in generating publicity for the program funded pursuant to this Agreement. Grantee further agrees to cooperate with authorized City officials and staff in any City-generated publicity or promotional activities undertaken with respect to this program. 15. Insurance Unless a written waiver or approval of self-certification is obtained from the City’s Risk Manager, County must at all times during the term of this Agreement, including for the duration of any amendment to this Agreement, procure and maintain the insurance listed in the policies of insurance identified in Schedule Q, Insurance Requirements, attached hereto and incorporated herein. Grantee shall provide proof of insurance, as set forth in the attached Schedule Q, prior to execution of this Agreement, and any amendment hereto. Unless a written waiver is obtained from the City’s Risk Manager, Grantee must provide the insurance listed in the City of Oakland Insurance Requirements attached hereto as Schedule Q and incorporated herein by reference. 16. Indemnification a. Notwithstanding any other provision of this Agreement, Grantee shall indemnify and hold harmless (and at City’s request, defend) the City, and its Councilmembers, officers, partners, agents, and employees (each of which persons and organizations are referred to collectively herein as "Indemnitees" or individually as "Indemnitee") from and against any and all liabilities, claims, lawsuits, losses, damages, demands, debts, liens, costs, judgments, obligations, administrative or regulatory fines or penalties, actions or causes of action, and expenses (including reasonable attorneys' fees) caused by or arising out of any: i. Breach of Grantee’s obligations, representations or warranties under this Agreement; ii. Act or failure to act in the course of performance by Grantee under this Agreement; iii. Negligent or willful acts or omissions in the course of performance by Grantee under this Agreement; iv. Claim for personal injury (including death) or property damage to the extent based on the strict liability or caused by any negligent act, error or omission of Grantee; Customized City of Oakland/Contra Costa County 2020 HOPWA CARES Act Emergency (COVID-19) Grant Page 14 of 31 Based on Template Eff. 4/22/20 v. Unauthorized use or disclosure by Grantee of confidential information; or vi. Claim of infringement or alleged violation of any United States patent right or copyright, trade secret, trade mark, or service mark or other proprietary or intellectual property rights of any third party. b. For purposes of the preceding subsections (i) through (vi), the term “Grantee” includes Grantee, its officers, directors, employees, representatives, agents, servants, sub-consultants and subgrantees. c. The City shall give Grantee prompt written notice of any such claim of loss or damage and shall cooperate with Grantee, in the defense and all related settlement negotiations to the extent that cooperation does not conflict with City's interests. d. Notwithstanding the foregoing, the City shall have the right if Grantee fails or refuses to defend the City with counsel acceptable to the City to engage its own counsel for the purposes of participating in the defense. In addition, the City shall have the right to withhold any payments due Grantee in the amount of anticipated defense costs plus additional reasonable amounts as security for Grantee’s obligations under this section. In no event shall Grantee agree to the settlement of any claim described herein without the prior written consent of the City. e. Grantee acknowledges and agrees that it has an immediate and independent obligation to indemnify and defend Indemnitees from any claim or action which potentially falls within this indemnification provision, which obligation shall arise at the time such claim is tendered to Grantee by the City and continues at all times thereafter, without regard to any alleged or actual contributory negligence of any Indemnitee. Notwithstanding anything to the contrary contained herein, Grantee’s liability under this Agreement shall not apply to any action or claim arising from the sole negligence, active negligence, or willful misconduct of an Indemnitee. f. All of Grantee’s obligations under this section are intended to apply to the fullest extent permitted by law (including without limitation, California Civil Code Section 2782) and shall survive the expiration or sooner termination of this Agreement. g. The indemnity set forth in this section shall not be limited by the City’s insurance requirements contained in Schedule Q hereof, or by any other provision of this Agreement. The City’s liability under this Agreement shall be limited to payment of Grantee in accord to the terms and conditions under this Agreement and shall exclude any liability whatsoever for consequential or indirect damages even if such damages are foreseeable. 17. Non-Liability of City Customized City of Oakland/Contra Costa County 2020 HOPWA CARES Act Emergency (COVID-19) Grant Page 15 of 31 Based on Template Eff. 4/22/20 No member, official, officer, director, employee, or agent of the City shall be liable to Grantee for any obligation created under the terms of this Agreement except in the case of actual fraud or willful misconduct by such person. 18. Right to Offset Claims for Money All claims for money due or to become due from the City shall be subject to deduction or offset by the City from any monies due Grantee by reason of any claim or counterclaim arising out of this Agreement, any purchase order, or any other transaction with Grantee. 19. Events of Default and Remedies The occurrence of any of the following shall constitute a material default and breach of this Agreement by Grantee: a. Failure to adequately perform the Work set forth in the Scope of Work; b. Improper use or reporting of funds provided under this Agreement by Grantee or its employees or agents; c. Substantial failure by Grantee to observe and perform any other provision of this Agreement; or d. Grantee’s (1) filing for bankruptcy, dissolution, or reorganization, or failure to obtain a full dismissal of any such involuntary filing brought by another party before the earlier of final relief or 60 days after the filing; (2) making a general assignment for the benefit of creditors; (3) applying for the appointment of a receiver, trustee, custodian, or liquidator, or failure to obtain a full dismissal of any such involuntary application brought by another party before the earlier of final relief or 60 days after the filing; (4) insolvency; or (5) failure, inability or admission in writing of its inability to pay its debts as they become due. The City shall give written notice to Grantee or Grantee’s agent of any default by specifying (a) the nature of the event or deficiency giving rise to the default, (b) the action required to cure the deficiency, if an action to cure is possible, and (c) a date, which shall be not less than 30 calendar days from the mailing of the notice, by which such action to cure, if a cure is possible, must be undertaken. Grantee shall not be in default if Grantee cures such default within the specified cure period, or, if such default is not reasonably capable of cure within the specified period, Grantee begins to cure the default within the cure period and thereafter diligently pursues the cure to completion. Following any notice of an event of default, the City may suspend payments under this Agreement pending Grantee’s cure of the specified breach. Upon an event of default that has not been cured by Grantee, the City, in its discretion, may take any of the following actions: A. Terminate this Agreement in whole or in part; Customized City of Oakland/Contra Costa County 2020 HOPWA CARES Act Emergency (COVID-19) Grant Page 16 of 31 Based on Template Eff. 4/22/20 B. Suspend payments under this Agreement; C. Demand immediate reimbursement of any funds disbursed under this Agreement; D. Bring an action for equitable relief (a) seeking the specific performance by Grantee of the terms and conditions of the Agreement, and/or (b) enjoining, abating, or preventing any violation of said terms and conditions, and/or (c) seeking declaratory relief; E. Bar Grantee from future funding by the City; and/or F. Pursue any other remedy allowed at law or in equity. Unless otherwise terminated as provided in this Agreement, this Agreement will terminate on June 30, 2021 or on the date that the local emergency is terminated by the City Council, whichever is earlier. 20. Termination or Modification for Lack of Appropriation This Agreement may be terminated by either party if the City and County mutually agree in writing to its termination and upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated. If, through any cause, the County shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if the County violates any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to the County of such termination and specifying the effective date thereof, at least 30 days before the effective date of such termination. In such event, the County shall be entitled to receive reimbursement for any eligible work completed subject to the limitations of this Agreement. The City’s obligations under this Agreement are contingent upon the availability of funds from the funding source for this Grant. The City may terminate this Agreement on 30 days’ written notice to Grantee without further obligation if said funding is withdrawn or otherwise becomes unavailable for continued funding of the Work. 21. Litigation and Pending Disputes Grantee shall promptly give notice in writing to the City of any litigation pending or threatened against Grantee in which the amount claimed is in excess of $50,000. Grantee shall disclose, prior to execution of this Agreement and any amendment hereto, and represents that it has disclosed, by completing Schedule K, Pending Dispute Disclosure, attached hereto and incorporated herein any and all pending disputes with the City prior to execution of this Agreement. Failure to disclose pending disputes prior to execution of this Agreement, and any amendment hereto, shall be a basis for termination of this Agreement. Customized City of Oakland/Contra Costa County 2020 HOPWA CARES Act Emergency (COVID-19) Grant Page 17 of 31 Based on Template Eff. 4/22/20 The County shall provide written notice to the City within five (5) days of all potential conflicts of interest and violations of criminal law involving fraud, bribery, or gratuity violations potentially affecting this Agreement. Failure to make required disclosures can result in termination of the Agreement and suspension or debarment from future federal awards. 22. Conflict of Interest a. Grantee certifies that no member, officer, or employee of the City or its designees or agents, and no other public official of the City who exercises any functions or responsibilities with respect to the programs or projects covered by this Agreement, shall have any interest, direct or indirect in this Agreement, or in its proceeds during his/her tenure or for one year thereafter. b. Grantee warrants and represents, to the best of its present knowledge, that no public official or employee of City who has been involved in the making of this Agreement, or who is a member of a City board or commission which has been involved in the making of this Agreement whether in an advisory or decision-making capacity, has or will receive a direct or indirect financial interest in this Agreement in violation of the rules contained in California Government Code Section 1090 et seq., pertaining to conflicts of interest in public contracting. Grantee shall exercise due diligence to ensure that no such official will receive such an interest. c. Grantee further warrants and represents, to the best of its present knowledge and excepting any written disclosures as to these matter already made by Grantee to City, that (1) no public official of City who has participated in decision-making concerning this Agreement or has used his or her official position to influence decisions regarding this Agreement, has an economic interest in Grantee or this Agreement, and (2) this Agreement will not have a direct or indirect financial effect on said official, the official’s spouse or dependent children, or any of the official’s economic interests. For purposes of this paragraph, an official is deemed to have an “economic interest” in (a) any for-profit business entity in which the official has a direct or indirect investment worth $2,000 or more, (b) any real property in which the official has a direct or indirect interest worth $2,000 or more, (c) any for-profit business entity in which the official is a director, officer, partner, trustee, employee or manager, or (d) any source of income or donors of gifts to the official (including nonprofit entities) if the income totaled more than $500, or value of the gift totaled more than $500 the previous year. Grantee agrees to promptly disclose to the City in writing any information it may receive concerning any such potential conflict of interest. Grantee’s attention is directed to the conflict of interest rules applicable to governmental decision-making contained in the Political Reform Act (California Government Code Section 87100 et seq.) and its implementing regulations (California Code of Regulations, Title 2, Section 18700 et seq.). Customized City of Oakland/Contra Costa County 2020 HOPWA CARES Act Emergency (COVID-19) Grant Page 18 of 31 Based on Template Eff. 4/22/20 d. Grantee represents and warrants to the best of its present knowledge, that in addition to the State statutes, regulations, local ordinances, municipal code and Charter provisions referenced in this Section, Grantee has read and is aware of the City of Oakland Government Ethics Act (Oakland Municipal Code Chapter 2.25), including, without limitation, the provisions prohibiting Conflicts of Interest and Personal Gain set forth at OMC 2.25.040, and those prohibiting (a) the influencing of contracts with former employers and (b) nepotism, as set forth in OMC 2.25.070. Grantee agrees and acknowledges that Grantee shall adhere to the City of Oakland Government Ethics Act, to the extent Grantee is deemed a Public Servant thereunder. e. Grantee shall incorporate or cause to be incorporated into all subcontracts for work to be performed under this Agreement a provision governing conflict of interest in substantially the same form set forth herein. f. Nothing herein is intended to waive any applicable federal, state or local conflict of interest law or regulation. g. In addition to the rights and remedies otherwise available to the City under this Agreement and under federal, state and local law, Grantee understands and agrees that, if the City reasonably determines that Grantee has failed to make a good faith effort to avoid an improper conflict of interest situation or is responsible for the conflict situation, the City may (1) suspend payments under this Agreement, (2) terminate this Agreement, and/or (3) require reimbursement by Grantee to the City of any amounts disbursed under this Agreement. In addition, the City may suspend payments or terminate this Agreement whether or not Grantee is responsible for the conflict of interest situation. 23. Non-Discrimination/Equal Employment Practices Grantee shall not discriminate or permit discrimination against any person or group of persons in any manner prohibited by federal, state or local laws. During the performance of this Agreement, Grantee agrees as follows: a. Grantee and Grantee’s subgrantees, if any, shall not discriminate against any employee or applicant for employment because of actual or perceived age, marital or familial status, religion, gender, gender identity, gender expression, sexual orientation, race, creed, color, genetic information, ancestry, national origin, physical or mental disability (including but not limited to Acquired-Immune Deficiency Syndrome (AIDS) and AIDS-Related Complex (ARC)), military or military veteran status, or any other legally-protected class. This nondiscrimination policy shall include, but not be limited to, the following: Employment, upgrading, promotion, or failure to promote, demotion or transfer, recruitment advertising, layoffs, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Customized City of Oakland/Contra Costa County 2020 HOPWA CARES Act Emergency (COVID-19) Grant Page 19 of 31 Based on Template Eff. 4/22/20 b. Grantee and Grantee’s subgrantees shall state in all solicitations or advertisements for employees placed by or on behalf of Grantee that all qualified applicants will receive consideration for employment without regard to actual or perceived age, marital or familial status, religion, gender, gender identity, gender expression, sexual orientation, race, creed, color, genetic information, ancestry, national origin, physical or mental disability (including but not limited to Acquired-Immune Deficiency Syndrome (AIDS) and AIDS-Related Complex (ARC)), military or military veteran status, or any other legally-protected class.. c. Grantee shall make its goods, services, and facilities accessible to people with disabilities and shall verify compliance with the Americans with Disabilities Act by executing Schedule C-1, Declaration of Compliance with the Americans with Disabilities Act, attached hereto and incorporated herein. d. If applicable, Grantee will send to each labor union or representative of workers with whom Grantee has a collective bargaining agreement or contract or understanding, a notice advising the labor union or workers’ representative of Grantee’s commitments under this nondiscrimination clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 24. Local/Small Local Enterprise Participation The City has established requirements for participation by local and small local enterprises, including local nonprofit organizations and small local nonprofit organizations, in publicly- supported projects. Unless otherwise indicated, the City acknowledges that Grantee complies with this requirement. 25. Living Wage Requirements Grantee will be considered a City Financial Assistance Recipient (“CFAR”) and must comply with the Oakland Living Wage Ordinance if it receives $100,000 or more in financial assistance from the City during a 12-month period. The Living Wage Ordinance requires that nothing less than a prescribed minimum level of compensation (a living wage) be paid to employees of CFARs (OMC 2.28, Ord. 1250 § 1, 1998). The Ordinance also requires submission of the Declaration of Compliance attached and incorporated herein as Schedule N and made part of this Agreement, and, unless specific exemptions apply or a waiver is granted, that Grantee provide the following to its employees who perform services under or related to this Agreement: a. Minimum compensation – Said employees shall be paid an initial hourly wage rate of $14.98 with health benefits and $17.19 without health benefits. These initial rates shall be upwardly adjusted each year no later than April 1 in proportion to the increase at the immediately preceding December 31 over the year earlier level of the Bay Region Consumer Price Index as published by the Bureau of Labor Statistics, U.S. Department of Labor. . Grantee agrees to pay Customized City of Oakland/Contra Costa County 2020 HOPWA CARES Act Emergency (COVID-19) Grant Page 20 of 31 Based on Template Eff. 4/22/20 adjusted living wage rates effective July 1st of each year during which this Agreement, as well as any amendment to this Agreement, is in effect. b. Health benefits – Said full-time and part-time employees paid at the lower living wage rate shall be provided health benefits of at least $2.21 per hour. Grantee shall provide proof that health benefits are in effect for those employees no later than 30 days after execution of the contract or receipt of City financial assistance. c. Compensated days off – Said employees shall be entitled to twelve compensated days off per year for sick leave, vacation or personal necessity at the employee's request, and ten uncompensated days off per year for sick leave. Employees shall accrue one compensated day off per month of full time employment. Part-time employees shall accrue compensated days off in increments proportional to that accrued by full-time employees. The employees shall be eligible to use accrued days off after the first six months of employment or consistent with company policy, whichever is sooner. Paid holidays, consistent with established employer policy, may be counted toward provision of the required 12 compensated days off. Ten uncompensated days off shall be made available, as needed, for personal or immediate family illness after the employee has exhausted his or her accrued compensated days off for that year. d. Federal Earned Income Credit (EIC) – Grantee shall inform employees that he or she may be eligible for EIC and shall provide forms to apply for advance EIC payments to eligible employees. e. Grantee shall provide to all employees and to the Office of Contract Compliance, written notice of its obligation to eligible employees under the City’s Living Wage requirements. Said notice shall be posted prominently in communal areas of the work site(s) and shall include the above-referenced information. f. Grantee shall provide all written notices and forms required above in English, Spanish or other languages spoken by a significant number of employees within 30 days of employment under this Agreement. g. Reporting – Grantee shall maintain a listing of the name, address, hire date, occupation classification, rate of pay and benefits for each of its employees. Grantee shall provide a copy of said list to the Office of Contract Compliance, on a quarterly basis, by March 31, June 30, September 30 and December 31 for the applicable compliance period. Failure to provide said list within five days of the due date will result in liquidated damages of five hundred dollars ($500.00) for each day that the list remains outstanding. Grantee shall maintain employee payroll and related records for a period of four (4) years after expiration of the compliance period. Customized City of Oakland/Contra Costa County 2020 HOPWA CARES Act Emergency (COVID-19) Grant Page 21 of 31 Based on Template Eff. 4/22/20 h. Grantee shall require subgrantees that provide services under or related to this Agreement to comply with the above Living Wage provisions. Grantee shall include the above-referenced sections in its subcontracts. Copies of said subcontracts shall be submitted to the Office of Contract Compliance. 26. Equal Benefits Ordinance This Agreement is subject to the Equal Benefits Ordinance codified in Chapter 2.32 of the Oakland Municipal Code and its implementing regulations. The purpose of this Ordinance is to protect and further the public, health, safety, convenience, comfort, property and general welfare by requiring that public funds be expended in a manner so as to prohibit discrimination in the provision of employee benefits by City grantees between employees with spouses and employees with domestic partners, and/or between domestic partners and spouses of such employees. The Ordinance shall only apply to those portions of a Grantee’s operations that occur (1) within the City of Oakland; (2) on real property outside the City of Oakland if the property is owned by the City or if the City has a right to occupy the property, and if the contract’s presence at that location is connected to a contract with the City; and (3) elsewhere in the United States where work related to a City contract is being performed. The requirements of this chapter shall not apply to subcontracts or subgrantees of Grantee. The Equal Benefits Ordinance requires, among other things, submission of the Equal Benefits Declaration of Nondiscrimination attached hereto as Schedule N-1 and incorporated herein by reference. 27. Minimum Wage Ordinance Oakland employers are subject to Oakland’s Minimum Wage Law, whereby Oakland employees must be paid the current Minimum Wage rate. Employers must notify employees of the annually adjusted rates by each December 15th and prominently display notices at the job site. The law requires paid sick leave for employees and payment of service charges collected for their services. 28. Political Prohibition Subject to applicable State and Federal laws, moneys paid pursuant to this Agreement shall not be used for political purposes, sponsoring or conducting candidate's meetings, engaging in voter registration activity, nor for publicity or propaganda purposes designed to support or defeat legislation pending before federal, state or local government. 29. Religious Prohibition There shall be no religious worship, instruction, or proselytization as part of, or in connection with the performance of the Agreement. Customized City of Oakland/Contra Costa County 2020 HOPWA CARES Act Emergency (COVID-19) Grant Page 22 of 31 Based on Template Eff. 4/22/20 30. Business Tax Certificate or Exemption Grantee shall obtain and provide proof of a valid City business tax certificate or business tax exemption certificate. Said certificate must remain valid during the duration of this Agreement. 31. Abandonment of Grant The City may abandon or indefinitely postpone the Grant at any time. Should the Grant be abandoned, the City shall pay Grantee for all services performed thereto in accordance with the terms of this Agreement. 32. Relationship of Parties The relationship of the City and Grantee is solely that of a grantor and grantee of funds, and should not be construed as a joint venture, equity venture, partnership, or any other relationship. The City does not undertake or assume any responsibility or duty to Grantee (except as provided for herein) or to any third party with respect to the Work performed under this Agreement. Except as the City may specify in writing, Grantee has no authority to act as an agent of the City or to bind the City to any obligation. 33. Warranties Grantee represents and warrants: (1) that it has access to professional advice and support to the extent necessary to enable Grantee to fully comply with the terms of this Agreement and otherwise carry out the Work; (2) that it is duly organized, validly existing and in good standing under the laws of the State of California; (3) that it has the full power and authority to undertake the Work; (4) that there are no pending of threatened actions or proceedings before any court or administrative agency which may substantially affect the financial condition or operation of the Grantee, other than those already disclosed to the City; and (5) that the persons executing and delivering this Agreement are authorized to execute and deliver such document on behalf of Grantee. 34. Unavoidable Delay in Performance The time for performance of provisions of this Agreement by either party shall be extended for a period equal to the period of any delay directly affecting this Agreement which is caused by: war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; acts of God; acts of a public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; suits filed by third parties concerning or arising out of this Agreement; or unseasonable weather conditions. An extension of time for any of the above-specified causes will be deemed granted only if written notice by the party claiming such extension is sent to the other party within ten calendar days from the commencement of the cause. Times of performance under this Agreement may also be extended for any cause for any period of time by the mutual written agreement of the City and Grantee. Customized City of Oakland/Contra Costa County 2020 HOPWA CARES Act Emergency (COVID-19) Grant Page 23 of 31 Based on Template Eff. 4/22/20 35. Validity of Contracts This Agreement shall not be binding or of any force or effect until it is approved for form and legality by the Office of the City Attorney and signed by the City Administrator or his or her designee. 36. Governing Law This Agreement shall be interpreted under and be governed by the laws of the State of California, except for those provisions relating to choice of law or those provisions preempted by federal law or expressly governed by federal law. 37. Notice If either party shall desire or be required to give notice to the other, such notice shall be given in writing, via facsimile and concurrently by prepaid U.S. certified or registered postage, addressed to recipient as follows: City City of Oakland Human Services Department 150 Frank H. Ogawa Plaza, Suite 4340 Oakland, CA 94612 Attn: Lara Tannenbaum ltannenbaum@oaklandnet.com DUNS/ HOPWA CFDA: 137137977/ 14.241 Grantee County Project Sponsor Contra Costa County Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attn: Kristin Sherk Kristin.sherk@dcd.cccounty.us DUNS/ HOPWA CFDA: 139441955/ 14.241 Any party to this Agreement may change the name or address of representatives for purpose of this Notice section by providing written notice to all other parties ten (10) business days before the change is effective. 38. Entire Agreement of the Parties This Agreement supersedes any and all agreements, either oral or written, between the parties with respect to this Grant and contains all of the representations, covenants and agreements Customized City of Oakland/Contra Costa County 2020 HOPWA CARES Act Emergency (COVID-19) Grant Page 24 of 31 Based on Template Eff. 4/22/20 between the parties with respect to the Grant. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party which are not contained in this Agreement, and that no other agreement, statement or promise not contained in this Agreement will be valid or binding. 39. Amendments and Modifications Any amendment to or modification of this Agreement will be effective only if it is in a writing signed by all parties to this Agreement. 40. Waiver Any waiver by the City of an obligation in this Agreement must be in writing and must be executed by an authorized agent of the City. No waiver should be implied from any delay or failure by the City to take action on any breach or event of default of Grantee or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Grantee to perform any obligation under this Agreement will not operate as a waiver or release from any of its obligations under this Agreement. Consent by the City to any act or omission by Grantee should not be construed to be a consent to any other act or omission or to waive the requirement for the City’s written consent to future waivers. 41. Other Agreements Grantee represents that it has not entered into any agreements that are inconsistent with the terms of this Agreement. Grantee may not enter into any agreements that are inconsistent with the terms of this Agreement without an express written waiver by the City. 42. Severability/Partial Invalidity If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, shall be finally found to be void, invalid, illegal or unenforceable by a court of competent jurisdiction, then notwithstanding such determination, such term or provision shall remain in force and effect to the extent allowed by such ruling and all other terms and provisions of this Agreement or the application of this Agreement to other situation shall remain in full force and effect. Notwithstanding the foregoing, if any material term or provision of this Agreement or the application of such material term or condition to a particular situation is finally found to be void, invalid, illegal or unenforceable by a court of competent jurisdiction, then the parties hereto agree to work in good faith and fully cooperate with each other to amend this Agreement to carry out its intent. 43. Commencement, Completion and Close-out Customized City of Oakland/Contra Costa County 2020 HOPWA CARES Act Emergency (COVID-19) Grant Page 25 of 31 Based on Template Eff. 4/22/20 It shall be the responsibility of Grantee to coordinate and schedule the Work to be performed so that commencement and completion take place in accordance with the provisions of this Agreement. Any time extension granted to Grantee to enable Grantee to complete the Work must be in writing and shall not constitute a waiver of rights the City may have under this Agreement. Should Grantee not complete the Work by the scheduled date or by an extended date, the City shall be released from all of its obligations under this Agreement. Within thirty (30) days of completion of the performance under this Agreement, Grantee shall make a determination of any and all final costs due under this Agreement and shall submit a requisition for such final and complete payment (including without limitations any and all claims relating to or arising from this Agreement) to the City. Failure of Grantee to timely submit a complete and accurate requisition for final payment shall relieve the City of any further obligations under this Agreement, including without limitation any obligation for payment of work performed or payment of claims by Grantee. 44. Consents and Approvals Any consent or approval required under this Agreement may not be unreasonably withheld, delayed, or conditioned. 45. Inconsistency If there is any inconsistency between the main agreement and the attachments/exhibits, the text of the main agreement shall prevail. 46. Counterparts This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Contract. The parties shall be entitled to electronically sign and transmit this Contract (whether by facsimile, PDF or other email transmission), which signature shall be binding on the signing party or the party on whose behalf the document has been signed. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Contract upon request. 47. Incorporated Documents, Certifications & Exhibits The following exhibits and schedules are attached to this Agreement and are hereby incorporated herein by reference: Schedule A: Scope of Work and Budget Schedule A-1:Approved Developers, Sub-recipients & Activities Schedule B: Budget Combined Grants Schedules Schedule C-1: Compliance with ADA Schedule K: Pending Dispute Disclosure Form Customized City of Oakland/Contra Costa County 2020 HOPWA CARES Act Emergency (COVID-19) Grant Page 26 of 31 Based on Template Eff. 4/22/20 Schedule N: Declaration of Compliance with Living Wage Schedule N-1: Equal Benefits, Declaration of Nondiscrimination Schedule P: Nuclear Free Zone – Waived & not applicable Schedule V: Non-Disciplinary or Investigatory Action – Waived & not applicable Oakland’s Minimum Wage Law Certification Affirmative Action Certification Schedule Q: Insurance Requirements Schedule Z: Certification regarding Debarment and Suspension 48. Authority: The persons signing below represent and warrant that they have authority to bind their respective party, and all necessary approvals to sign on behalf of their respective party have been obtained. If the terms of this Agreement are acceptable to County and City, sign and date below. [SIGNATURES ON NEXT PAGE] Customized City of Oakland/Contra Costa County 2020 HOPWA CARES Act Emergency (COVID-19) Grant Page 28 of 31 Based on Template Eff. 4/22/20 SCHEDULE A PRIORITY SETTING AND SELECTION PROCESS The County, in consultation with the City as laid out below, shall allocate and award the HOPWA allocation received under this contract to Sub-recipients and Developers to carry out HOPWA-eligible activities within the County’s jurisdiction, and shall monitor and report on the results. This work shall be carried out consistent with the following requirements: 1. Consolidated Planning Process The City prepares a Consolidated Plan and an annual Action Plan as a requirement for participation in certain federal housing programs funded through the U.S. Department of Housing and Urban Development, including the HOPWA program. The County will coordinate the development of such information as is required to substantially complete all narratives, tables and other sections related to HOPWA funds and activities, unmet HIV/AIDS housing and supportive service needs, and priorities and strategies within the County, and provide this information to the City in a format to be determined by the City. The City shall present the County with a schedule of needed information well in advance of deadlines, and shall closely coordinate on compiling required information. The City will include the County’s HOPWA priorities and contemplated allocation of resources among eligible funding categories in the Consolidated Plan and/or Annual Plan. 2. Establishment of Priorities In consultation with the City and other stakeholders in the community, the County will recommend priorities for the HOPWA funds, categories for funding, and a method and schedule for awarding funds within the County. In preparing these recommendations the County will use, but is not limited to, information from the following sources and planning documents: • The most recent HOPWA or HIV/AIDS housing needs assessment; • The most recent Oakland Transitional Grant Area (TGA) HIV/AIDS Health Services Comprehensive Plan (the “Comprehensive Plan”), required for participation in programs funded through the U.S. Department of Health and Human Services’ Ryan White Program. • The Continuum of Care Plan, 10-year Plan or other plans adopted by the Board of Supervisors to address homelessness and housing crises in the County, and any updates or addenda to this Plan. • Other relevant documents or needs assessments related to housing needs, homelessness, HIV/AIDS prevalence and related matters. The County’s recommendations will take into consideration the priorities of the community as expressed in any comprehensive HIV/AIDS housing needs assessment, and shall endeavor to incorporate recommendations from relevant homeless or housing plans, changes in the Customized City of Oakland/Contra Costa County 2020 HOPWA CARES Act Emergency (COVID-19) Grant Page 29 of 31 Based on Template Eff. 4/22/20 HIV/AIDS epidemic that may change the demand for HIV/AIDS housing and related services, and priorities established by complementary funding streams which HOPWA funds may be used to leverage. 3. Consultation with Local HIV/AIDS Advisory Bodies: The County shall, either in the creation of a comprehensive needs assessment as referenced above, or through other means of consultation, consult with the following agencies: the County department with responsibility for HIV/AIDS care, the HIV/AIDS Planning Council, which sets priorities for Ryan White funding; with the cities and/or entitlement jurisdictions that participate in county-level housing planning; public and private organizations involved in the provision of housing and services to persons living with HIV/AIDS; and other local interest groups. 4. Public Meetings The County will strive to encourage persons with HIV/AIDS, their families and advocates to express their views and ideas of what they perceive as community development and housing needs in the County through the above mentioned priority-setting processes. The County will include a discussion of HOPWA in its meetings for its Annual Action Plan. Meeting participants will be provided with information about the HOPWA program, amount of HOPWA funds available, eligible activities, and the application process. In addition, the County shall cause an annual meeting to be held for coordination of HIV/AIDS programs. County shall ensure that the annual meeting is widely publicized and open to the public. The annual public meeting will be held to advise residents and nonprofit organizations of program requirements and processes to be followed in developing and approving applications for federal grant programs, including HOPWA. County shall provide meeting participants with information about the HOPWA program, funds available for both housing and community development activities and for planning and administrative activities. County shall make information available to citizens, public agencies, and other interested parties, including the specific amount of assistance the County expects to receive and the range of eligible activities that may be undertaken. County shall publish this information in the non-legal section of one or more newspapers of general circulation at least thirty (30) days prior to the date applications for funding are due. The City may conduct additional public meetings at various stages of the funding process. Meetings will be scheduled at times and locations that permit broad participation by very low and low-income persons. When needed or upon request, translators will be made available for non-English speaking attendees and the hearing-impaired. 5. Recommendations for Funding Categories and Allocations Customized City of Oakland/Contra Costa County 2020 HOPWA CARES Act Emergency (COVID-19) Grant Page 30 of 31 Based on Template Eff. 4/22/20 Based on HOPWA priorities established through the consultative process described above, the County will develop recommendations concerning the amount of HOPWA funds to be allocated to each eligible funding category. The County will present these recommendations to the City for its review and comment. City approval will depend on the County's proposal being: (a) consistent with the City’s established community priorities, and (b) eligible for receipt of HOPWA funds in accordance with HOPWA regulations and guidance. 6. Competitive Application Process HOPWA funds will be allocated to eligible activities consistent with the established funding priorities through one or more competitive application processes seeking program Sub- recipients and Developers to work directly with people living with HIV/AIDS. The City may participate in this process as an observer and may provide technical assistance. The County will host public meetings to discuss the use of HOPWA funds in the County’s jurisdiction and to provide technical assistance to potential applicants in developing eligible projects. City may request additional technical assistance from HUD upon request. The County is responsible for overall implementation of the competitive application. County will send the Notices of Funding Availability (NOFAs) to all interested parties. The County will convene a review panel consisting of County staff and representatives from a selected number of cities or other parties with knowledge of the community who have declared that they do not have a conflict of interest with respect to the outcomes of the funding recommendations. The funding recommendations from the County will be based on the following established criteria: consistency with established priorities; eligibility under federal regulations; alleviation of identified needs; target population; project feasibility and cost- effectiveness; experience; outreach and affirmative marketing program; and project readiness. In addition to the conflict of interest requirements in 2 CFR 200.318, no person who is an employee, agent, consultant, officer, or elected or appointed official of the City or County who exercises or has exercised any functions or responsibilities with respect to activities funded by this Agreement, or who participates in a decision making process or gains inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or for those with whom he or she has close family or significant business ties, during his or her tenure. Any subcontracts awarded pursuant to this section and funded by this Agreement shall include a requirement that the subcontractor shall not use such funds as compensation for any of its employees, consultants or other agents who were engaged by City or County and were subject to the restrictions in paragraph during the year prior to their engagement by subcontractor. 7. Funds Awarded and Distributed Customized City of Oakland/Contra Costa County 2020 HOPWA CARES Act Emergency (COVID-19) Grant Page 31 of 31 Based on Template Eff. 4/22/20 Following completion of the competitive application process described above, the County shall submit to the City a description of the priority-setting, selection process and a list of selected Sub-recipients and Developers. No later than thirty days after execution of this Agreement, County shall submit HOPWA County Staff Report for approval by City. The City will review the proposed projects to confirm eligibility under federal regulations and contracting requirements (24 CFR Part 574). If the proposed projects comply with federal HOPWA regulations, the City will approve the projects and so inform the County. If the City finds that the proposed projects are inconsistent with federal HOPWA regulations, the City will so inform the County and provide a rationale for its finding(s). Unless rejected by the City in writing within thirty (30) days after receipt of the staff report and budget allocation report, the projects will be deemed accepted. Following approval by the City, the County will submit the recommended projects and program Sub-recipients and Developers to the County Board of Supervisors for its review and consideration. If approved by the County Board of Supervisors, the County will immediately submit a final Schedule A-1 to the City. The County, Sub-recipients, Developers, and their agents may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct property, which work is to be funded from this Agreement, or commit or expend any funding for such work to be funded from this Agreement, until the City has completed its environmental review process. The City will disallow any project that takes choice-limiting actions before completion of the environmental review. Any HOPWA eligible Program Delivery costs associated with any of the Developer of Sub- recipient contracts shall be built into the budget line item for Developer or Sub-recipient per 24 CFR 574.3. 8. Contract Renewals In order to encourage continuity and cost-effectiveness in the provision of services, the County shall consider two-year contracts for housing operations, housing counseling and supportive service projects and/or programs. Projects and/or programs will be evaluated after the first year of performance. Second-year implementation will be contingent upon funds availability and a satisfactory performance evaluation. The County will provide the City with information regarding the second-year funding recommendations. Page 1 of 3 Business Name Phone Email Address City State Zip Federal ID # City of Oakland Business License Number Completed by: Phone if different Schedule C-1 – (Declaration of Compliance with the Americans with Disabilities Act)  I declare under penalty of perjury that my company will comply with the City Of Oakland American with Disabilities Act obligations. Schedule K – (Pending Dispute Disclosure) 1. Are you or your firm involved in a pending dispute or claim Against the City of Oakland or its Agency? (Please check one)  Yes  No 2. If “Yes”, please list existing and pending lawsuit(s) and claim(s) with the title, contract date, brief description of the issues, officials or staff persons involved in the matter and the City department/division administering the contract. Contract Title and Number: Date: Official(s), Staff person(s) involved: Administering Department/Division: Issues: 3. (check) Additional Disputes listed on Attachment Schedule N - (Living Wage – Declaration of Compliance) Grants accumulating over $100K, Grants under $100K mark N/A Employment Questionnaire: Please respond to the following questions: Responses (1) How many permanent employees are employed with your company? (If less than 5, stop here) (2) How many of your permanent employees are paid above the Living Wage rate? (3) How many of your permanent employees are paid below the Living Wage rate? (4) Number of compensated days off per employee? (Refer to item “a” above) (5) Number of trainees in your company? (6) Number of employees under 21 years of age, employed by a nonprofit corporation for after school or summer employment for a period not longer than 90 days. Rev. 10/2015 dm Page 2 of 3 Schedule N-1 – (Equal Benefits – Declaration of Nondiscrimination) Grants accumulating over $25K, Grants under $25K mark N/A Section A. Grantee Information (1) Are you an EBO certified firm (Please check one)  Yes  No (if yes, please attached certificate and skip Schedule N-1) (2) Approximate Number of Employees in the U.S. (3) Are any of your employees covered by a collective bargaining agreement or union trust fund? (Please check one)  Yes  No (4) Union name(s) Section B. Compliance (1) Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? (Please check one)  Yes  No (2) Does your company provide or offer access to any benefits to employees with domestic partners? (Please check one)  Yes  No Section C. Benefits PLEASE CHECK EACH BENEFIT THAT APPLIES Benefits Offered to Employees only Offered to Employees and their spouses Offered to Employees and their Domestic Partners Not Offered at all Documentation attached Health  Dental  Vision  Retirement (Pension, 401K, etc)  Bereavement  Family Leave  Parental Leave  Employee Assistance Program  Relocation & Travel  Company Discount, Facilities & Events  Credit Union  Child Care  Other  (1) CFAR is a City Financial Recipient. (2) Domestic Partner is defined a s a same sex couples or opposite sex couples registered as such with a state or local government domestic partnership registry Not applicable. County is public agency, not a firm. Rev. 9/2018 dm Page 3 of 3 Schedule P – (Nuclear Free Zone - Ordinance 11474 C.M.S.)  I declare under penalty of perjury that I have read Ordinance 11478 C.M.S. titled “An Ordinance Declaring the City of Oakland a Nuclear Free Zone and Regulating Nuclear Weapons Work and City Contracts with and Investment in Nuclear Weapons Makers”, as provided on the City’s website, see “footnote” below I certify that my firm conforms with the conditions as defined in Ordinance 11478 C.M.S.  I declare that my company is NOT in compliance with Ordinance 11478 C.M.S., but my proposal/bid should be considered because: Schedule V – (Affidavit of Non-Disciplinary or Investigatory Action) I certify that the following entities: Equal Employment Opportunity Commission (EEOC), Department of Fair Employment & Housing (DFEH) or the Office of Federal Contract Compliance Programs (OFCCP) has not taken disciplinary or investigatory action against the Firm. If such action has been taken, attached hereto is a detailed explanation of the reason for such action, the party instituting such action and the status or outcome of such action. Initial: Oakland’s Minimum Wage Law – (Resolution 85423 C.M.S. - Oakland Municipal Code Section 5.92, et seq.) I certify that I have read Oakland’s minimum wage law and I am in full compliance with all its provisions. Initial: Affirmative Action - I certify that I/we shall not discriminate against any employee or applicant for employment because of race, color, creed, sex, sexual orientation, national origin, age, disability, Acquired Immune Deficiency Syndrome (AIDS) AIDS related complex, or any other arbitrary basis and shall insure compliance with all provisions of Executive Order No. 11246 (as amended by Executive Order No. 11375). I certify that I/we shall not discriminate against any employee or applicant for employment because they are disabled veteran of the Vietnam era and shall insure compliance with all provisions of 41CFR60-250.4 where applicable. Initial: By signing and submitting this combined schedules form the prospective primary participant’s authorized representative hereby obligates the proposer(s) to the stated conditions referenced in this document. I declare under penalty of perjury that the foregoing is true and correct. Name of Individual: Title: Signature: Date: PLEASE NOTE: Detailed descriptions of all policies represented in this combined form may be found at Contracts and Compliance website “Policies and Legislation” address https://www.oaklandca.gov/documents/contracting-policies-and-legislation For an electronic copy of this combined form and copies of standalone contract Schedules R, E, O, Q, Exit Affidavit and Schedule G please go to this web address https://www.oaklandca.gov/documents/contracts-and-compliance-forms-and-schedules Not applicable. Not applicable. Schedule Q REVISED 011317: DKG Schedule Q INSURANCE REQUIREMENTS (Revised 01/13/17) a. General Liability, Automobile, Workers’ Compensation and Professional Liability Contractor shall procure, prior to commencement of service, and keep in force for the term of this contract, at Contractor's own cost and expense, the following policies of insurance or certificates or binders as necessary to represent that coverage as specified below is in place with companies doing business in California and acceptable to the City. If requested, Contractor shall provide the City with copies of all insurance policies. The insurance shall at a minimum include: i. Commercial General Liability insurance shall cover bodily injury, property damage and personal injury liability for premises operations, independent contractors, products-completed operations personal & advertising injury and contractual liability. Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 00 01) Limits of liability: Contractor shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $2,000,000 each occurrence. If such CGL insurance contains a general aggregate limit, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. ii. Automobile Liability Insurance. Contractor shall maintain automobile liability insurance for bodily injury and property damage liability with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto (including owned, hired, and non- owned autos). Coverage shall be at least as broad as Insurance Services Office Form Number CA 0001. iii. Worker's Compensation insurance as required by the laws of the State of California, with statutory limits, and statutory coverage may include Employers ’ Liability coverage, with limits not less than $1,000,000 each accident, $1,000,000 policy limit bodily injury by disease, and $1,000,000 each employee bodily injury by disease. The Contractor certifies that he/she is aware of the provisions of section 3700 of the California Labor Code, which requires every employer to provide Workers' Compensation coverage, or to undertake self-insurance in accordance with the provisions of that Code. The Contractor shall comply with the provisions of section 3700 of the California Labor Code before commencing performance of the work under this Agreement and thereafter as required by that code. Schedule Q REVISED 011317: DKG iv. Professional Liability/ Errors and Omissions insurance, if determined to be required by HRM/RBD, appropriate to the contractor’s profession with limits not less than $________ each claim and $________ aggregate. If the professional liability/errors and omissions insurance is written on a claims made form: a. The retroactive date must be shown and must be before the date of the contract or the beginning of work. b. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract work. c. If coverage is cancelled or non-renewed and not replaced with another claims made policy form with a retroactive date prior to the contract effective date, the contractor must purchase extended period coverage for a minimum of three (3) years after completion of work. v. Contractor’s Pollution Liability Insurance: If the Contractor is engaged in: environmental remediation, emergency response, hazmat cleanup or pickup, liquid waste remediation, tank and pump cleaning, repair or installation, fire or water restoration or fuel storage dispensing, then for small jobs (projects less than $500,000), the Contractor must maintain Contractor’s Pollution Liability Insurance of at least $500,000 for each occurrence and in the aggregate. If the Contractor is engaged in environmental sampling or underground testing, then Contractor must also maintain Errors and Omissions (Professional Liability) of $500,000 per occurrence and in the aggregate. vi. Sexual/Abuse insurance. If Contractor will have contact with persons under the age of 18 years, or Contractor is the provider of services to persons with Alzheimer’s or Dementia, Contractor shall maintain sexual/abuse/molestation insurance with a limit of not less than $1,000,000 each occurrence. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract work. b. Terms Conditions and Endorsements The aforementioned insurance shall be endorsed and have all the following conditions: i. Insured Status (Additional Insured): Contractor shall provide insured status naming the City of Oakland, its Councilmembers, directors, officers, agents, employees and volunteers as insured’s under the Commercial General Liability policy. General Liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 (11/85) or both CG 20 10 and CG 20 37 forms, if later revisions Schedule Q REVISED 011317: DKG used). If Contractor submits the ACORD Insurance Certificate, the insured status endorsement must be set forth on an ISO form CG 20 10 (or equivalent). A STATEMENT OF ADDITIONAL INSURED STATUS ON THE ACORD INSURANCE CERTIFICATE FORM IS INSUFFICIENT AND WILL BE REJECTED AS PROOF OF MEETING THIS REQUIREMENT; and ii. Coverage afforded on behalf of the City, Councilmembers, directors, officers, agents, employees and volunteers shall be primary insurance. Any other insurance available to the City Councilmembers, directors, officers, agents, employees and volunteers under any other policies shall be excess insurance (over the insurance required by this Agreement); and iii. Cancellation Notice: Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the Entity; and iv. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the contractor, its employees, agents and subcontractors; and v. Certificate holder is to be the same person and address as indicated in the “Notices” section of this Agreement; and vi. Insurer shall carry insurance from admitted companies with an A.M. Best Rating of A VII, or better. c. Replacement of Coverage In the case of the breach of any of the insurance provisions of this Agreement, the City may, at the City's option, take out and maintain at the expense of Contractor, such insurance in the name of Contractor as is required pursuant to this Agreement, and may deduct the cost of taking out and maintaining such insurance from any sums which may be found or become due to Contractor under this Agreement. d. Insurance Interpretation All endorsements, certificates, forms, coverage and limits of liability referred to herein shall have the meaning given such terms by the Insurance Services Office as of the date of this Agreement. e. Proof of Insurance Contractor will be required to provide proof of all insurance required for the work prior to execution of the contract, including copies of Contractor’s insurance policies if and when requested. Failure to provide the insurance proof requested Schedule Q REVISED 011317: DKG or failure to do so in a timely manner shall constitute ground for rescission of the contract award. f. Subcontractors Should the Contractor subcontract out the work required under this agreement, they shall include all subcontractors as insured’s under its policies or shall maintain separate certificates and endorsements for each subcontractor. As an alternative, the Contractor may require all subcontractors to provide at their own expense evidence of all the required coverages listed in this Schedule. If this option is exercised, both the City of Oakland and the Contractor shall be named as additional insured under the subcontractor’s General Liability policy. All coverages for subcontractors shall be subject to all the requirements stated herein. The City reserves the right to perform an insurance audit during the course of the project to verify compliance with requirements. g. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductible or self-insured retentions as respects the City, its Councilmembers, directors, officers, agents, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. h. Waiver of Subrogation Contractor waives all rights against the City of Oakland and its Councilmembers, officers, directors, employees and volunteers for recovery of damages to the extent these damages are covered by the forms of insurance coverage required above. i. Evaluation of Adequacy of Coverage The City of Oakland maintains the right to modify, delete, alter or change these requirements, with reasonable notice, upon not less than ninety (90) days prior written notice. j. Higher Limits of Insurance If the contractor maintains higher limits than the minimums shown above, The City shall be entitled to coverage for the higher limits maintained by the contractor. Schedule Z Certification of Debarment and Suspension Under the requirements of OMB Circular A-133 Supplement, part 3, Section 1, the City is required to obtain certifications that contractors and sub-grantees receiving awards exceeding $100,000 have not been suspended or debarred from participating in federally funded procurement activities. 1. The prospective primary participant certifies to the best of its knowledge and belief that its principals: a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal debarment or agency. b) Have not within a 3 year period preceding this proposal, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State, or local) transaction under a public transaction or contract. c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal State or local) with commission of the offenses enumerated in paragraph (1)(b) of this certification; and d) Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. By signing and submitting this form the prospective primary participant’s authorized representative hereby obligates the proposer(s) to the above stated conditions. Company Name Signature of Authorized Representative Address Type or Print Name Area Code Phone Date Type or Print Title Instructions for Certification A 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below The certification or explanation will be considered in connection with the department or agency’s determination whether to enter into this transaction. However, failure of the primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. 4. The prospective primary participant shall provide immediate written notice to the department/agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 6. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participant,” “person,” “primary” covered transaction,” “principal,” “proposal” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549: 49CFR Part 76. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 7. The prospective primary participant further agrees by submitting this proposal that it will included the clause titled” Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, to all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines this eligibility of its principals. 9. Except for transactions authorized under paragraph (6) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. RECOMMENDATION(S): ADOPT Resolution 2020/299 authorizing the Sheriff-Coroner, or designee, to apply for and accept the 2020 Paul Coverdell Forensic Services Improvement Grant, with the Governor's Office of Emergency Services, as fiscal agent, in an initial amount of $55,046 for support of forensic training for the period beginning January 1, 2021 through the end of the grant period. FISCAL IMPACT: $55,046, 100% Federal; No County match required (CFDA #16.742) BACKGROUND: The purpose of the Paul Coverdell Forensic Services Improvement Grant Program is to improve the quality and timeliness of forensic science services over current operations. The non-competitive funds are available for distribution during the period beginning January 1, 2021, through the end of the grant period. The Office of the Sheriff’s Forensic Services Division is an ANAB (ANSI-ASQ National Accreditation Board) accredited laboratory that has on-going training requirements to fulfill the accreditation criteria. This grant provides funding for DNA equipment and for annual training of forensic staff. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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 925-655-0004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 28 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:November 17, 2020 Contra Costa County Subject:FY 2020 Paul Coverdell Forensic Science Improvement Grants Program CONSEQUENCE OF NEGATIVE ACTION: The County will not receive grant funding for training necessary to retain ANAB accreditation. AGENDA ATTACHMENTS Resolution 2020/299 MINUTES ATTACHMENTS Signed Resolution No. 2020/299 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/17/2020 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2020/299 IN THE MATTER OF: Applying for and accepting the FY 2020 Paul Coverdell Forensic Science Improvement Grants Program. WHEREAS, the County of Contra Costa is seeking funds available through the U.S. Department of Justice for the FY 2020 Paul Coverdell Forensic Science Improvement Grants Program; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors: Authorizes the Sheriff-Coroner, Undersheriff or Commander Management Services, to execute for and on the behalf of the County of Contra Costa, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining Federal assistance including grant modifications and extensions related to the FY 2020 Paul Coverdell Forensic Science Improvement Grants Program; provided by the U.S. Department of Justice. Contact: Sandra Brown 925-655-0004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Agreement #28-937 with Rainbow Community Center of Contra Costa County, a non-profit corporation, to pay County an amount not to exceed $125,925 for the provision of transitional housing and case management support services for homeless transition-age youth (TAY) residing in Contra Costa County, for the period from October 1, 2020 through September 30, 2021. FISCAL IMPACT: Approval of this agreement will result in a total payment of $125,925 from Rainbow Community Center of Contra Costa County. No County match is required. BACKGROUND: Rainbow Community Center of Contra Costa County provides referrals to transitional housing for TAY experiencing homelessness, ages 18–24, who are eligible for and agree to services. County will provide transitional housing and case management support services at Contra Costa Youth Continuum of Services (CCYCS) Transitional Living Programs (TLP) located in Concord and Crockett. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 29 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 17, 2020 Contra Costa County Subject:Agreement #28-937 with Rainbow Community Center of Contra Costa County BACKGROUND: (CONT'D) Approval of Agreement #28-937 will allow County to receive funds for transitional housing and case management support services for TAY through September 30, 2021. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: (1) Children Ready for and Succeeding in School; (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): 1. APPROVE the allocation of the 2020 Housing Opportunities for Persons with HIV/AIDS funds as follows: $250,000 to the County Health Services HIV/AIDS program $591,534 for housing development, and $63,341 for program administration; and 2. APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to enter into a fiscal year 2020 funding agreement with the City of Oakland that authorizes the County to administer $904,875 in Housing Opportunities for Persons with HIV/AIDS funds for housing and supportive services for low-income persons with HIV/AIDS, for the period July 1, 2020 through June 30, 2022. FISCAL IMPACT: No General Fund impact. Housing Opportunities for Persons with HIV/AIDS (HOPWA) funds are provided through the U.S. Department of Housing and Urban Development (HUD) to the City of Oakland, as administering agent. Consistent with HOPWA regulations, $63,341 is designated to cover staff costs associated with program administration. CATALOG OF FEDERAL DOMESTIC ASSISTANCE (CFDA NUMBER): Housing Opportunities for Persons with HIV/AIDS Program - 14.241 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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: Kristin Sherk, 925-674-7887 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 30 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:November 17, 2020 Contra Costa County Subject:Housing Opportunities for Persons with HIV/AIDS 2020-22 Funding Agreement between the City of Oakland and the County of Contra Costa BACKGROUND: The National Affordable Housing Act (Public Law 101-625, approved November 28,1990) authorizes the HOPWA Program to provide states and localities with resources to devise long-term comprehensive strategies for meeting the housing needs of persons living with HIV/AIDS and related diseases. The City of Oakland (City) is the HOPWA grant recipient for Alameda and Contra Costa counties. The City allocates HOPWA funds between the counties based on the number of living HIV/AIDS cases. Approval of a funding agreement with the City will provide $904,875 in FY 2020 funds to the County. These funds may be used for site acquisition, rehabilitation and new construction of affordable housing; supportive services, housing information services; rent, mortgage and utility subsidies; and certain other housing related activities for low-income persons with HIV/AIDS in both incorporated and unincorporated areas of the County. County staff from the Department of Conservation and Development (DCD) and staff from the Health Services Department (CCHS) coordinate periodically to identify and address the housing-related service needs of low-income persons living with HIV/AIDS in Contra Costa County. Funding allocations for both housing development and services are based on factors such as client needs and timely expenditure of HOPWA funds. The recommended allocations for 2020 reflect the anticipated funding needed for CCHS to continue its HIV/AIDS program ($250,000) and DCD's program administration costs ($63,341), and the remainder is allocated for housing development for persons with HIV/AIDS ($591,534). The Affordable Housing Finance Committee will work with DCD staff to make recommendations to the Board of Supervisors at a later date on the project specific component of funding for housing development. The CCHS HIV/AIDS program award of HOPWA funding is sufficient to allow for the continuation of the services through June 30, 2021. CCHS HIV/AIDS program has worked with the HOPWA program funding since its inception in the mid 1990s. Activities include housing advocacy and housing information services, including client intake, housing needs assessment, assistance with locating affordable housing, assistance with housing-related benefit applications, development and implementation of client housing plans, emergency assistance funds, follow-up to ensure receipt of benefits and housing, and referral to other services. In fiscal year 2020/21, CCHS will continue a Short Term Rental Mortgage and Utility Assistance Program (STRMU) as part of a homeless prevention strategy, intended to reduce the risks of homelessness and to improve access to health care and other needed support. STRMU will involve efforts to restore client self-sufficiency and future independence from housing support by the end of the program's term. This will be accomplished through the use of time-limited housing assistance payments for eligible individuals and by the creation of individual housing service plans that include an assessment of current resources and the establishment of long-term goals for recipient households. In FY 2019/20, 73 households were assisted with STRMU funds from CCHS. DCD requests that the Board of Supervisors approve the recommended allocations and attached Funding Agreement in substantially final form, which has been approved by County Counsel. This is a two-year funding contract, with the second year's allocation to be determined later by the HUD. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not approve the FY 2020 HOPWA Funding Agreement with the City of Oakland, the County would not receive and administer $904,875 in HOPWA funds, and low-income persons living with HIV/AIDS in the County would lose vital housing and supportive services. ATTACHMENTS 2020 HOPWA Funding Agreement City of Oakland-County of Contra Costa 2020 HOPWA Grant Funding Agreement Page 1 of 23 GRANT FUNDING AGREEMENT BETWEEN THE CITY OF OAKLAND AND CONTRA COSTA COUNTY FOR THE 2020 HOPWA PROGRAM This grant funding agreement (“Agreement”) is dated July 1, 2020, and is between the City of Oakland, a municipal corporation (the “City”), and CONTRA COSTA COUNTY, a political subdivision of the State of California, (the "County" or “Project Sponsor”). The City and the County are hereinafter collectively referred to as the “Parties.” Grant Number: CAH20F001 RECITALS A. The City has received Housing Opportunities for Persons with AIDS (“HOPWA”) Program funds from the United States Department of Housing and Urban Development ("HUD"), identified as #14.241 in the Catalog of Federal Domestic Assistance, pursuant to the HOPWA Program (the “HOPWA Funds”). The HOPWA Funds must be used in accordance with 24 C.F.R. Section 574 et seq. B. The County is a project sponsor under the HOPWA Program. The City and the County desire that the County receive and administer $904,875 of the HOPWA Funds on the City’s behalf (the “HOPWA Allocation”). C. The Oakland City Council passed Resolution No. 88202 C.M.S. authorizing this agreement with Project Sponsor for the HOPWA Program. D. Using the selection process set forth in Schedule A, the County will contract with one or more nonprofit housing developers (each a “Developer”) and service providers (each a "Sub-recipient") to carry out projects that result in housing development, supportive services, and/or homeless prevention activities for persons with HIV/AIDS. The County will also monitor the Sub-recipients’ and Developers’ performance under the contract(s). The Parties therefore agree as follows: AGREEMENT 1.PERFORMANCE PERIOD The term of this Agreement begins July 1, 2020 and ends June 30, 2022. 2.FUNDING AMOUNT The HOPWA Allocation shall not exceed $904,875. City of Oakland-County of Contra Costa 2020 HOPWA Grant Funding Agreement Page 2 of 23 3.PROJECT SELECTION; BUDGET; DEVELOPERS/SUB-RECIPIENTS The County shall select projects to be undertaken (“Activities”) pursuant to this Agreement in accordance with the priority-setting and selection process set forth in Schedule A. A list of Developers, Sub-recipients and Activities approved by both the City and the County will be attached to this Agreement as Schedule A-1 once the list is approved by both the City and the County, which Schedule A-1 shall immediately form part of this Agreement. The County shall use the HOPWA Allocation in accordance with the budget set forth in Schedule B. The HOPWA Allocation may only be used for activities (i) identified in Schedule A-1 that are carried out by the corresponding Developers or Sub-recipients identified on Schedule A-1 and (ii) consistent with the activities described in Section 7 – Use of Funds, below. Amounts received from this Agreement may not be used to replace other amounts made available or designated by State or local governments. 4.CONTRACTING Prior to the execution of any proposed contract in connection with this Agreement, the County shall submit to City a staff report allocating funds and describing the proposed Activities to be funded. The City reserves the right to review and approve the contract, and will provide any comments within 15 days of receipt. Following the execution of any contract by the County in connection with this Agreement, the City reserves the right to monitor the performance of the Sub-recipient and/or Developer under the contract to ensure that the County appropriately administers and monitors said contracts. 5.FUNDING DISTRIBUTION The County shall distribute the HOPWA Allocation to Sub-recipients and Developers in the County of Contra Costa. 6.PROGRAM REQUIREMENTS The County is responsible for ensuring that Sub-recipients and Developers comply with all HOPWA Program requirements, as set forth in 24 CFR Part 574, the AIDS Housing Opportunity Act, as amended by the Housing and Community Development Act of 1992, and any other program requirements imposed by HUD. The relevant requirements are hereby incorporated into this Agreement by reference. The County will ensure all Activities are carried out in compliance with the following federal laws and regulations: a.Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4601-4655) and implementing regulations at 49 CFR part 24; b.The Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846) and the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851- City of Oakland-County of Contra Costa 2020 HOPWA Grant Funding Agreement Page 3 of 23 4856), and implementing regulations at 24 CFR Part 35; c.Flood Disaster Protection Act of 1973 (42 U.S.C. 4001 et seq.); and d.The Coastal Barrier Resources Act, 16 U.S.C. 3501 e.Applicability of OMB Circulars (24 CFR Part 574, Subpart G, 574.605) 7.USE OF FUNDS Subject to applicable requirements described in HOPWA regulation Title 24 C.F.R. sections 574.310, 574.320, 574.330, and 574.340, HOPWA Allocation is meant to assist all forms of housing designed to assist Low Income Persons with HIV/AIDS, including preventing homelessness, providing emergency housing, shared housing arrangements, apartments, single room occupancy (SRO) dwellings, and community residences. Appropriate supportive services, as required by section 574.310(a), must be provided as part of any HOPWA-assisted housing, but the County may use the HOPWA Allocation to provide services independent of any housing activity. The County shall ensure that the HOPWA Allocation is used only for HOPWA-eligible activities as approved by the City identified in Schedule A-1 and that fall under one or more of the following activity categories: a.Housing information services including, but not limited to, providing counseling, information and referral to assist an eligible person to locate, acquire, finance and maintain housing. This may include Fair Housing counseling for eligible persons who may encounter discrimination on the basis of race, color, religion, sex, age, national origin, familial status, or handicap. b.Resource identification to establish, coordinate and develop housing assistance resources (preliminary research, determining feasibility of specific housing related initiatives). c.Acquisition, rehabilitation, conversion, lease, and repair of facilities to provide housing and services. d.New construction (SROs and community residences only). e.Project or tenant-based rental assistance, including assistance with shared housing arrangements. f.Short-term rent, mortgage, and utility payments to prevent homelessness. g.Supportive services including, but not limited to health, mental health assessment, permanent housing placement, drug and alcohol abuse treatment and counseling, day care, personal assistance, nutritional services, intensive care when required, City of Oakland-County of Contra Costa 2020 HOPWA Grant Funding Agreement Page 4 of 23 and assistance in gaining access to local State and Federal government benefits and services, except that health services may only be provided to individuals with acquired immunodeficiency syndrome or related diseases and not to family members of these individuals. h.Operating costs for housing, including maintenance, security, operation, insurance, utilities, furnishings, equipment and other incidental costs. i.Technical assistance in establishing and operating a community residence, including planning and other predevelopment or pre-construction expenses and outreach and education regarding HIV\AIDS to persons residing in close proximity. 8.MONITORING AND REPORTING The County shall conduct an ongoing assessment of the housing assistance and supportive services provided by the Sub-recipients and Developers with the HOPWA Allocation. The County shall conduct the reasonable and necessary recordkeeping and reporting activities described below for the purpose of carrying out the City’s HOPWA program in an effective and efficient manner. Where appropriate, reports and records shall include client race and ethnic data. a.The County shall provide quarterly reports to the City. Quarterly reports shall include all required data and narrative updates of HOPWA activities listed in Schedule A-1 to report to HUD regarding HOPWA activities through the Integrated Disbursement and Information System (IDIS) and the Consolidated Annual Performance & Evaluation Report (CAPER). Quarterly reports are due thirty days following the end of each of the first three quarters of the fiscal year, on October 30, January 30, and April 30. b.The County shall submit annual reports to the City not later than July 31 of each year. Annual reports are to be submitted using HUD’s HOPWA Consolidated Annual Progress & Evaluation Report-CAPER – form HUD-40110-D, form HUD- 60002, Section 3 Summary Report, Economic Opportunities for Low- and Very Low-Income Person and the HOPWA Beneficiary Verification form. Reporting requirements and the CAPER & Beneficiary Verification forms can be accessed at the following sites: https://www.onecpd.info/resource/1011/hopwa-caper-form-hud-40110-d/ and http://www.hudhre.info/documents/HOPWACAPERBeneficiaryVerification.doc c.The County shall assess the service provided by Sub-recipients and Developer no less often than every three years; provided, however, (i) the County may assess the service provided by Sub-recipients and Developers as often as every year, (ii) for any Sub-recipient or Developer who had multiple findings during the initial City of Oakland-County of Contra Costa 2020 HOPWA Grant Funding Agreement Page 5 of 23 monitoring, the County shall assess the service provided by such Sub-recipient or Developer every year during the term of the contract, and (iii) for any Sub- recipient or Developer who had one finding during the initial monitoring, the County shall assess the service provided by such Sub-recipient or Developer no less often than every two years. By May 30 of each year, the County shall develop a preliminary monitoring schedule for the next fiscal year. The County shall use a risk assessment tool to determine which Sub-recipients and Developers will be monitored. Existing Sub-recipients and Developers that have the highest number of risk factors, as determined by the County, along with new Sub-recipients and Developers that have never been monitored by the County, will be given the highest priority for monitoring. The City and County shall monitor Sub-recipients and Developers as required by HUD. d.The County shall retain all project files, financial records, and any other documents related to this Agreement for a period of four (4) years from the date of the final annual report of this Agreement, except in the following cases: i.If any litigation, claim, or audit is started before the expiration of the 4-year period, the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. ii.When the County is notified in writing by the City to extend the retention period. iii.Records for real property and equipment acquired with Federal funds must be retained for three years after final disposition. e.The City shall monitor and evaluate County’s performance under this Agreement to determine compliance with this Agreement and HOPWA requirements. The County shall cooperate with the City and any federal auditors authorized by the City and shall provide reasonable right of access to both records and personnel during normal business hours for the purpose of assuring compliance with this Agreement and evaluating performance hereunder. The rights of access in this section are not limited to the required retention period but last as long as the records are retained. 9.ADMINISTRATIVE EXPENSES The County may use up to seven percent (7%) of the funds allocated to a particular project (“Project Activity Funds”) for Project Sponsor administrative expenses. The amounts designated as administrative funds in the Budget are to be used as administrative expenditures related to carrying out the HOPWA program activities, housing, and services described in this Agreement in compliance with 24 C.F.R. § 574.500 and 2 CFR§ 200. 10.METHOD OF PAYMENT City of Oakland-County of Contra Costa 2020 HOPWA Grant Funding Agreement Page 6 of 23 The County may submit requests for payment to the City no more than once per month and not less than once per quarter. When submitting a request for payment, the County shall use the Request for Payment form. Each Request for Payment form will include a summary of the funds expended, by budget category and Sub-recipients and Developers, for the months for which funds are requested. The County shall retain, for review by the City, documentation to support the funding requested. In order to receive payment, each request must be substantiated by documentation reasonably sufficient to support the payment requested by the County including documentation of rate and hours for staff and consultant and invoices for non- personnel costs. The County shall grant access to representatives of the City to any supporting documentation within seven days after receipt of a written request by the City. Any income generated by the County from the use of HOPWA Funds governed by this Agreement shall be considered HOPWA program income. All HOPWA program income shall be retained by the County for the term of this Agreement. The use of all HOPWA program income is reserved specifically for HOPWA-eligible Activities listed in Schedule A-1 and is subject to the terms of this Agreement. Any program income held by the County at the time of the Request for Payment will be used to reduce the total amount disbursed to the County. Funds disbursed to the County may not exceed the amount set forth in the Budget attached as Schedule B or the amount of the HOPWA Allocation as set forth in section 2 herein. The City shall verify and approve requisitions and required supporting data for accuracy and programmatic compliance prior to payment. Relevant reports and documents are to be submitted as required within the context of this Agreement. The County's failure to comply with these requirements will cause a delay in payment and could result in termination of the Agreement. The City shall be responsible for the IDIS system, setting up all projects and activities, and tracking budgets in the HUD system. The City shall draw funds as required for timely reimbursement. The County shall assist the City in IDIS management as needed and as requested by City. All authorized financial obligations incurred in the performance of this Agreement must be reported to the City within sixty (60) days of the expiration of the Performance Period set forth in Section 1 of the Agreement, as such period may be adjusted from time to time. No claims submitted after the sixty-day period shall be recognized as binding upon the City for reimbursement. Any financial obligation and/or debts incurred by the County and not reported to the City within the sixty-day period may become the sole liability of the County, and the City may be relieved of any and all responsibilities unless there is a justifiable cause and valid reason of delayed submission. 11.AUDIT REPORT In addition to the reporting requirements listed in Section 8 – Monitoring and Reporting, the County shall commission an independent auditing firm to prepare and file with the City of Oakland-County of Contra Costa 2020 HOPWA Grant Funding Agreement Page 7 of 23 City an annual audit report for the County’s Department of Conservation and Development (DCD) for each year during the term of this Agreement. The County’s failure to submit the audit report may result in the termination of this Agreement. The audit report shall be submitted to the City by March 30th of each year during the term of this Agreement. The audit report shall be made in accordance with the provisions of 200 CFR Subpart F. The City will use the audit report to determine whether: 1.The financial statements of the DCD present fairly its financial position and the results of its operations in accordance with generally accepted accounting principles. 2.The DCD has (i) an internal control structure to provide reasonable assurance that the DCD is managing Federal awards in compliance with applicable laws and regulations, and (ii) controls that ensure compliance with laws and regulations that could have a material impact on the HCD’s financial statements. 3.The DCD has complied with laws and regulations for the HOPWA Program that may have a direct and material effect on the DCD’s financial statements. The County shall also submit any internal control monitoring (or audit) conducted for DCD during the term of this Agreement to the City. The County shall require Sub- recipients and Developers with which the County contracts in connection with this Agreement to meet the same audit requirements set forth in this Section 11. 12.INDEMNITY The County shall indemnify and hold the City, its Councilmembers, officials, directors, employees, and agents harmless from any losses, damages, liabilities, claims, demands, judgments, actions, court costs, and legal or other expenses (including attorneys' fees) that the City many incur as a result of (i) the improper use of HOPWA Allocation by the County, (ii) the County's failure to perform its obligation to monitor the use of HOPWA Allocation under this Agreement, or (iii) any demand by HUD to the City for reimbursement of any HOPWA Allocation to the extent such demand is based on the negligent acts or omissions or willful misconduct of the County in the performance of its obligations under this Agreement. The duty of the County to indemnify includes the duty to defend the City in any court action, administrative action, or other proceeding brought by any third party, including HUD, to the extent such action or proceeding arises as a result of the County’s sole negligence or willful misconduct in the performance of its obligations under this Agreement. The County's duty to indemnify shall survive the term of this Agreement. The County shall require each Sub-recipient and Developer to indemnify and defend the City to the same extent and in the same manner as described in the first paragraph of this Section 12 from the consequences of the Sub-recipient’s and Developer’s negligent acts or omissions or willful misconduct in the performance of its obligations under contracts entered into in connection with this Agreement. City of Oakland-County of Contra Costa 2020 HOPWA Grant Funding Agreement Page 8 of 23 The City shall indemnify and defend the County to the same extent and in the same manner as described in the first paragraph of this Section 12 from the consequences of the City’s negligent acts or omissions or willful misconduct in the performance of its obligations under this Agreement. The party with the obligation to indemnify pursuant to this Section 12 shall pay the indemnified parties as soon as practicable following the determination of the amount due. 13.PROMPT PAYMENT This Agreement is subject to the Prompt Payment Ordinance codified in Chapter 2.06 of the Oakland Municipal Code. Under said Ordinance, the City must disburse grant funds to a Project Sponsor within 20 business days after receipt of an undisputed request for payment. An undisputed request for payment is a request for payment that is not a “disputed invoice” within the meaning of the Prompt Payment Ordinance. Under the ordinance, a “disputed invoice” is an invoice or request for payment that is either (1) improperly executed by Project Sponsor, (2) contains errors, (3) requires additional evidence to determine its validity, and/or (4) contains expenditures or proposed expenditures that are ineligible or that do not otherwise comply with reimbursement or disbursal requirements of the City or another grant funding source. If a request for payment is “disputed,” the payment/disbursal shall not be subject to late penalties until the dispute is resolved. In the event a request for payment is disputed, the City shall notify the Project Sponsor and the City’s Liaison (as defined in the Prompt Payment Ordinance) in writing within five business days of receiving the disputed request for payment that there is a bona fide dispute, in which case the City shall withhold the disputed amount and may withhold the full amount if the funding source for the grant requires that the disputed expenditures be fully resolved prior to any disbursement of grant funds. If the funding source for the grant requires its review and approval before payments are made to a Project Sponsor, this period shall be suspended for any period of review by said agency. If any amount due by the City to be disbursed to a Project Sponsor pursuant to this Agreement is not timely paid in accordance with the Prompt Payment Ordinance, the Project Sponsor is entitled to interest penalty in the amount of 10% of the improperly withheld amount per year for every month that payment is not made, provided that the Project Sponsor agrees to release the City from any and all further claims for interest penalties that may be claimed or collected on the amount due and paid. Grant recipients that receive interest penalties for late payment pursuant to the Prompt Payment Ordinance may not seek further interest penalties on the same late payment in law or equity. The Prompt Payment Ordinance further requires that, unless specific exemptions apply, a Project Sponsor shall pay undisputed invoices of its subcontractors for goods and/or services within 20 business days of submission of invoices unless the Project Sponsor notifies the City’s Liaison in writing within five business days that there is a bona fide dispute between the Project Sponsor and claimant, in which case the Project Sponsor may withhold the disputed amount but shall pay the undisputed amount. Disputed payments are subject to investigation by the City’s Liaison and, and upon the filing of a complaint, the Project Sponsor, if opposing payment, shall provide security in the form of cash, certified check or City of Oakland-County of Contra Costa 2020 HOPWA Grant Funding Agreement Page 9 of 23 bond to cover the disputed amount and penalty during the investigation. If the Project Sponsor fails or refuses to deposit security, the City will withhold an amount sufficient to cover the claim from the next grant payment. The City, upon a determination that an undisputed invoice or payment is late, will release security deposits or withholds directly to claimants for valid claims. A Project Sponsor is not allowed to retain monies from subcontractor payments for goods as project retention, and is required to release subcontractor project retention in proportion to the subcontractor services rendered, for which payment is due and undisputed, within five business days of payment. For the purpose of posting on the City's website, the Project Sponsor is required to file notice with the City of release of retention and payment of mobilization fees, within five business days of such payment or release. In addition, the Project Sponsor is required to file an affidavit, under penalty of perjury, that he or she has paid all subcontractors, within five business days following receipt of payment from the City. The affidavit shall provide the names and addresses of all subcontractors and the amount paid to each. 14.INVESTIGATION AND/OR DISCIPLINE DISCLOSURE Project Sponsor and any and all Sub-recipients and Developers shall submit information concerning any investigations and/or discipline imposed by any state or federal authorities by completing Schedule V – Affidavit of Non-Disciplinary or Investigatory Action and Schedule Z – Certification of Debarment and Suspension. 15.INSURANCE Unless a written waiver or approval of self-certification is obtained from the City’s Risk Manager, County must at all times during the term of this Agreement, including for the duration of any amendment to this Agreement, procure and maintain the insurance listed in the policies of insurance identified in Schedule Q, Insurance Requirements, attached hereto and incorporated herein. Grantee shall provide proof of insurance, as set forth in the attached Schedule Q, prior to execution of this Agreement, and any amendment hereto. The Parties acknowledge that County has provided the City documentation of self- insurance as provided under Schedule Q. 16.SUSPENSION AND TERMINATION This Agreement may be terminated by either party if the City and County mutually agree in writing to its termination and upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated. If, through any cause, the County shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if the County violates any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to the County of such termination and City of Oakland-County of Contra Costa 2020 HOPWA Grant Funding Agreement Page 10 of 23 specifying the effective date thereof, at least 30 days before the effective date of such termination. In such event, the County shall be entitled to receive reimbursement for any eligible work completed subject to the limitations of this Agreement. The City’s obligations under this Agreement are contingent upon the availability of funds from the funding source for this Agreement. The City may terminate this Agreement on 30 days’ written notice to County without further obligation if said funding is withdrawn or otherwise becomes unavailable for continued funding of the Agreement. After termination of this Agreement the City shall pay all amounts due to the County under this Agreement within 30 days of receipt of invoice from County. 17.NON-DISCRIMINATION AND EQUAL EMPLOYMENT PRACTICES County shall not discriminate or permit discrimination against any person or group of persons in any manner prohibited by federal, state or local laws. During the performance of this Agreement, County agrees as follows: a.County and Sub-recipients and Developers, shall not discriminate against any employee or applicant for employment because of actual or perceived age, marital or familial status, religion, gender, gender identity, gender expression, sexual orientation, race, creed, color, genetic information, ancestry, national origin, physical or mental disability (including but not limited to Acquired- Immune Deficiency Syndrome (AIDS) and AIDS-Related Complex (ARC)), military or military veteran status, or any other legally-protected class. This nondiscrimination policy shall include, but not be limited to, the following: employment, upgrading, promotion or failure to promote, demotion or transfer, recruitment advertising, layoffs, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. This nondiscrimination policy shall include, but not be limited to, the following: employment, upgrading, failure to promote, demotion or transfer, recruitment advertising, layoffs, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. b.County and Sub-recipients and Developers shall state in all solicitations or advertisements for employees placed by or on behalf of County that all qualified applicants will receive consideration for employment without regard to actual or perceived age, marital or familial status, religion, gender, gender identity, gender expression, sexual orientation, race, creed, color, genetic information, ancestry, national origin, physical or mental disability (including but not limited to Acquired-Immune Deficiency Syndrome (AIDS) and AIDS-Related Complex (ARC)), military or military veteran status, or any other legally-protected class.. c.County shall make its goods, services, and facilities accessible to people with disabilities and shall verify compliance with the Americans with Disabilities Act by executing Schedule C-1, Declaration of Compliance with the Americans with Disabilities Act, attached hereto and incorporated herein. City of Oakland-County of Contra Costa 2020 HOPWA Grant Funding Agreement Page 11 of 23 d.If applicable, County will send to each labor union or representative of workers with whom County has a collective bargaining agreement or contract or understanding, a notice advising the labor union or workers’ representative of County’s commitments under this nondiscrimination clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 18.EQUAL BENEFITS ORDINANCE This Agreement is subject to the Equal Benefits Ordinance codified in Chapter 2.32 of the Oakland Municipal Code and its implementing regulations. The purpose of this ordinance is to protect and further the public, health, safety, convenience, comfort, property and general welfare by requiring that public funds be expended in a manner so as to prohibit discrimination in the provision of employee benefits by City Project Sponsors between employees with spouses and employees with domestic partners, and/or between domestic partners and spouses of such employees. (Ord. 12394 (part), 2001) The ordinance shall only apply to those portions of a Project Sponsor’s operations that occur (1) within the City of Oakland; (2) on real property outside the City of Oakland if the property is owned by the City or if the City has a right to occupy the property, and if the contract’s presence at that location is connected to a contract with the City; and (3) elsewhere in the United States where work related to a City contract is being performed. The requirements of this chapter shall not apply to subcontracts or Sub-recipients and Developers of any contract with Project Sponsor. The Equal Benefits Ordinance requires among other things, submission of the Equal Benefits-Declaration of Nondiscrimination attached and incorporated herein as Schedule N-1. 19.LIVING WAGE ORDINANCE If the contract amount of this Agreement is equal to or greater than $25,000 annually, then Contractor must comply with the Oakland Living Wage Ordinance. The Living Wage Ordinance requires that nothing less than a prescribed minimum level of compensation (a living wage) be paid to employees of service contractors (consultants) of the City and employees of CFARs (Ord. 12050 § 1, 1998). The Ordinance also requires submission of the Declaration of Compliance attached and incorporated herein as Schedule N and made part of this Agreement, and, unless specific exemptions apply or a waiver is granted, the consultant must provide the following to its employees who perform services under or related to this Agreement: City of Oakland-County of Contra Costa 2020 HOPWA Grant Funding Agreement Page 12 of 23 a.Minimum compensation – Said employees shall be paid an initial hourly wage rate of $14.98 with health benefits or $17.19 without health benefits. These initial rates shall be upwardly adjusted each year no later than April 1 in proportion to the increase at the immediately preceding December 31 over the year earlier level of the Bay Region Consumer Price Index as published by the Bureau of Labor Statistics, U.S. Department of Labor. County agrees to pay adjusted living wage rates effective July 1st of each year during which this Agreement, as well as any amendment to this Agreement, is in effect. b.Health benefits – Said full-time and part-time employees paid at the lower living wage rate shall be provided health benefits of at least $2.21 per hour. Contractor shall provide proof that health benefits are in effect for those employees no later than 30 days after execution of the contract or receipt of City financial assistance. c.Compensated days off – Said employees shall be entitled to twelve compensated days off per year for sick leave, vacation or personal necessity at the employee's request, and ten uncompensated days off per year for sick leave. Employees shall accrue one compensated day off per month of full time employment. Part-time employees shall accrue compensated days off in increments proportional to that accrued by full-time employees. The employees shall be eligible to use accrued days off after the first six months of employment or consistent with company policy, whichever is sooner. Paid holidays, consistent with established employer policy, may be counted toward provision of the required 12 compensated days off. Ten uncompensated days off shall be made available, as needed, for personal or immediate family illness after the employee has exhausted his or her accrued compensated days off for that year. d.Federal Earned Income Credit (EIC) - To inform employees that he or she may be eligible for Earned Income Credit (EIC) and shall provide forms to apply for advance EIC payments to eligible employees. There are several websites and other sources available to assist you. Web sites include but are not limited to: (1) http://www.irs.gov for current guidelines as prescribed by the Internal Revenue Service. e.Contractor shall provide to all employees and to the Division of Contracts and Compliance, written notice of its obligation to eligible employees under the City’s Living Wage requirements. Said notice shall be posted prominently in communal areas of the work site(s) and shall include the above-referenced information. f.Contractor shall provide all written notices and forms required above in English, Spanish or other languages spoken by a significant number of employees within 30 days of employment under this Agreement. g.Reporting – Contractor shall maintain a listing of the name, address, hire date, occupation classification, rate of pay and benefits for each of its employees. Contractor shall provide a copy of said list to the Division of Contracts and City of Oakland-County of Contra Costa 2020 HOPWA Grant Funding Agreement Page 13 of 23 Compliance, on a quarterly basis, by March 31, June 30, September 30 and December 31 for the applicable compliance period. Failure to provide said list within five days of the due date will result in liquidated damages of five hundred dollars ($500.00) for each day that the list remains outstanding. Contractor shall maintain employee payroll and related records for a period of four (4) years after expiration of the compliance period. h.Contractor shall require subcontractors that provide services under or related to this Agreement to comply with the above Living Wage provisions. Contractor shall include the above-referenced sections in its subcontracts. Copies of said subcontracts shall be submitted to the Division of Contracts and Compliance. 20.LITIGATION, PENDING DISPUTE, AND OTHER DISCLOSURES Project Sponsor shall promptly give notice in writing to the City of any litigation pending or threatened against Project Sponsor regarding Project Sponsor’s activities conducted pursuant to this Agreement in which the amount claimed is in excess of $50,000. Project Sponsor shall disclose, and represents that it has disclosed, prior to execution of this Agreement and any amendment hereto, any and all pending disputes with the City by completing Schedule K, Pending Dispute Disclosure, attached hereto and incorporated herein, regarding Project Sponsor’s activities conducted pursuant to this Agreement. Failure to disclose pending disputes as referenced herein prior to execution of this Agreement and any amendment hereto shall be a basis for termination of this Agreement. The County shall provide written notice to the City within five (5) days of all potential conflicts of interest and violations of criminal law involving fraud, bribery, or gratuity violations potentially affecting this Agreement. Failure to make required disclosures can result in termination of the Agreement and suspension or debarment from future federal awards. 21.NOTICE If either party desires or is required to give notice to the other, such notice shall be given in writing, or via electronic mail and concurrently by prepaid U.S. certified or registered postage, addressed to recipient as follows: HOPWA Formula Grantee City of Oakland Human Services Department – Community Housing Services Div. 150 Frank H. Ogawa Plaza, Suite 4340 Oakland, CA 94612 Attn: Lara Tannenbaum Ltannenbaum@oaklandnet.com DUNS/ HOPWA CFDA: 137137977/ 14.241 City of Oakland-County of Contra Costa 2020 HOPWA Grant Funding Agreement Page 14 of 23 County Project Sponsor Contra Costa County Department of Conservation and Development 30 Muir Road Martinez, CA 94553 Attn: Kristin Sherk Kristin.sherk@dcd.cccounty.us DUNS/ HOPWA CFDA: 139441955/ 14.241 Any party to this Agreement may change the name or address of representatives for the purposes of this section by providing written notice to all other parties ten (10) business days before the change is effective. 22.AMENDMENT This Agreement may only be amended through a written amendment executed by both the City and the County. 23.POLITICAL PROHIBITION Subject to applicable State and Federal laws, moneys paid pursuant to this Agreement shall not be used for political purposes, sponsoring or conducting candidate's meetings, engaging in voter registration activity, nor for publicity or propaganda purposes designed to support or defeat legislation pending before federal, state or local government. 24.RELIGIOUS PROHIBITION There shall be no religious worship, instruction, or proselytization as part of, or in connection with the performance of the Agreement. 25.CONFLICT OF INTEREST a.County certifies that no member, officer, or employee of the City or its designees or agents, and no other public official of the City who exercises any functions or responsibilities with respect to the programs or projects covered by this Agreement, shall have any interest, direct or indirect in this Agreement, or in its proceeds during his/her tenure or for one year thereafter. b.County warrants and represents, to the best of its present knowledge, that no public official or employee of City who has been involved in the making of this Agreement, or who is a member of a City board or commission which has been involved in the making of this Agreement whether in an advisory or decision-making capacity, has or will receive a direct or indirect financial interest in this Agreement in violation of the rules contained in California Government Code Section 1090 et seq., pertaining to conflicts City of Oakland-County of Contra Costa 2020 HOPWA Grant Funding Agreement Page 15 of 23 of interest in public contracting. County shall exercise due diligence to ensure that no such official will receive such an interest. c.County further warrants and represents, to the best of its present knowledge and excepting any written disclosures as to these matter already made by County to City, that (1) no public official of City who has participated in decision-making concerning this Agreement or has used his or her official position to influence decisions regarding this Agreement, has an economic interest in County or this Agreement, and (2) this Agreement will not have a direct or indirect financial effect on said official, the official’s spouse or dependent children, or any of the official’s economic interests. For purposes of this paragraph, an official is deemed to have an “economic interest” in (a) any for- profit business entity in which the official has a direct or indirect investment worth $2,000 or more, (b) any real property in which the official has a direct or indirect interest worth $2,000 or more, (c) any for-profit business entity in which the official is a director, officer, partner, trustee, employee or manager, or (d) any source of income or donors of gifts to the official (including nonprofit entities) if the income totaled more than $500, or value of the gift totaled more than $470 the previous year. County agrees to promptly disclose to the City in writing any information it may receive concerning any such potential conflict of interest. County’s attention is directed to the conflict of interest rules applicable to governmental decision-making contained in the Political Reform Act (California Government Code Section 87100 et seq.) and its implementing regulations (California Code of Regulations, Title 2, Section 18700 et seq.). d.County shall incorporate or cause to be incorporated into all subcontracts for work to be performed under this Agreement a provision governing conflict of interest in substantially the same form set forth herein. e.Nothing herein is intended to waive any applicable federal, state or local conflict of interest law or regulation. f.In addition to the rights and remedies otherwise available to the City under this Agreement and under federal, state and local law, County understands and agrees that, if the City reasonably determines that a conflict of interest, as described in this section, exists, the City may (1) suspend payments under this Agreement, (2) terminate this Agreement, and/or (3) require reimbursement by County to the City of any amounts disbursed under this Agreement 26.VALIDITY OF CONTRACTS This Agreement shall not be binding or of any force or effect until it is approved for form and legality by the Office of the City Attorney and signed by the City Administrator or his or her designee. 27.GOVERNING LAW City of Oakland-County of Contra Costa 2020 HOPWA Grant Funding Agreement Page 16 of 23 This Agreement shall be interpreted under and be governed by the laws of the State of California, except for those provisions relating to choice of law or those provisions preempted by federal law or expressly governed by federal law. 28.WAIVER Any waiver by the City of an obligation in this Agreement must be in writing and must be executed by an authorized agent of the City. No waiver should be implied from any delay or failure by the City to take action on any breach or event of default of County or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to County to perform any obligation under this Agreement will not operate as a waiver or release from any of its obligations under this Agreement. Consent by the City to any act or omission by County should not be construed to be a consent to any other act or omission or to waive the requirement for the City’s written consent to future waivers. 29.OTHER AGREEMENTS County represents that it has not entered into any agreements that are inconsistent with the terms of this Agreement. 30.SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, shall be finally found to be void, invalid, illegal or unenforceable by a court of competent jurisdiction, then notwithstanding such determination, such term or provision shall remain in force and effect to the extent allowed by such ruling and all other terms and provisions of this Agreement or the application of this Agreement to other situation shall remain in full force and effect. Notwithstanding the foregoing, if any material term or provision of this Agreement or the application of such material term or condition to a particular situation is finally found to be void, invalid, illegal or unenforceable by a court of competent jurisdiction, then the parties hereto agree to work in good faith and fully cooperate with each other to amend this Agreement to carry out its intent. 31.COMMENCEMENT, COMPLETION, CLOUSE-OUT It shall be the responsibility of County to coordinate and schedule the Work to be performed so that commencement and completion take place in accordance with the provisions of this Agreement. Any time extension granted to County to enable County to complete the Work must be in writing and shall not constitute a waiver of rights the City may have under this Agreement. Should County not complete the Work by the scheduled date or by an extended date, the City shall be released from all of its obligations under this Agreement. City of Oakland-County of Contra Costa 2020 HOPWA Grant Funding Agreement Page 17 of 23 Within thirty (30) days of completion of the performance under this Agreement, County shall make a determination of any and all final costs due under this Agreement and shall submit a requisition for such final and complete payment (including without limitations any and all claims relating to or arising from this Agreement) to the City. Failure of County to timely submit a complete and accurate requisition for final payment shall relieve the City of any further obligations under this Agreement, including without limitation any obligation for payment of work performed or payment of claims by County. 32.CONSENTS AND APPROVALS Any consent or approval required under this Agreement may not be unreasonably withheld, delayed, or conditioned. 33.INCONSISTENCY If there is any inconsistency between the main agreement and the attachments/exhibits, the text of the main agreement shall prevail. 34.COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The Parties shall be entitled to electronically sign and transmit this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the signing party or the party on whose behalf the document has been signed. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 35.INCORPORATED DOCUMENTS, CERTIFICATIONS & EXHIBITS The following exhibits and schedules are attached to this Agreement and are hereby incorporated herein by reference: Schedule A: Scope of Work Schedule A-1: Approved Developers, Sub-recipients & Activities Schedule B: Budget Combined Grants Schedules: Schedule C-1: Compliance with ADA Schedule K: Pending Dispute Disclosure Form Schedule N: Declaration of Compliance with Living Wage Schedule N-1: Equal Benefits, Declaration of Nondiscrimination Schedule P: Nuclear Free Zone – Waived & not applicable Schedule V: Non-Disciplinary or Investigatory Action – Waived & not City of Oakland-County of Contra Costa 2020 HOPWA Grant Funding Agreement Page 18 of 23 applicable Oakland’s Minimum Wage Law Certification Affirmative Action Certification Schedule Q: Insurance Requirements Schedule Z: Certification regarding Debarment and Suspension 36.APPROVAL If the terms of this Agreement are acceptable to County and City, sign and date below. [SIGNATURES ON FOLLOWING PAGE] City of Oakland-County of Contra Costa 2020 HOPWA Grant Funding Agreement Page 20 of 23 SCHEDULE A PRIORITY SETTING AND SELECTION PROCESS The County, in consultation with the City as laid out below, shall allocate and award the HOPWA allocation received under this contract to Sub-recipients and Developers to carry out HOPWA- eligible activities within the County’s jurisdiction, and shall monitor and report on the results. This work shall be carried out consistent with the following requirements: 1.Consolidated Planning Process The City prepares a Consolidated Plan and an annual Action Plan as a requirement for participation in certain federal housing programs funded through the U.S. Department of Housing and Urban Development, including the HOPWA program. The County will coordinate the development of such information as is required to substantially complete all narratives, tables and other sections related to HOPWA funds and activities, unmet HIV/AIDS housing and supportive service needs, and priorities and strategies within the County, and provide this information to the City in a format to be determined by the City. The City shall present the County with a schedule of needed information well in advance of deadlines, and shall closely coordinate on compiling required information. The City will include the County’s HOPWA priorities and contemplated allocation of resources among eligible funding categories in the Consolidated Plan and/or Annual Plan. 2.Establishment of Priorities In consultation with the City and other stakeholders in the community, the County will recommend priorities for the HOPWA funds, categories for funding, and a method and schedule for awarding funds within the County. In preparing these recommendations the County will use, but is not limited to, information from the following sources and planning documents: •The most recent HOPWA or HIV/AIDS housing needs assessment; •The most recent Oakland Transitional Grant Area (TGA) HIV/AIDS Health Services Comprehensive Plan (the “Comprehensive Plan”), required for participation in programs funded through the U.S. Department of Health and Human Services’ Ryan White Program. •The Continuum of Care Plan, 10-year Plan or other plans adopted by the Board of Supervisors to address homelessness and housing crises in the County, and any updates or addenda to this Plan. •Other relevant documents or needs assessments related to housing needs, homelessness, HIV/AIDS prevalence and related matters. City of Oakland-County of Contra Costa 2020 HOPWA Grant Funding Agreement Page 21 of 23 The County’s recommendations will take into consideration the priorities of the community as expressed in any comprehensive HIV/AIDS housing needs assessment, and shall endeavor to incorporate recommendations from relevant homeless or housing plans, changes in the HIV/AIDS epidemic that may change the demand for HIV/AIDS housing and related services, and priorities established by complementary funding streams which HOPWA funds may be used to leverage. 3.Consultation with Local HIV/AIDS Advisory Bodies: The County shall, either in the creation of a comprehensive needs assessment as referenced above, or through other means of consultation, consult with the following agencies: the County department with responsibility for HIV/AIDS care, the HIV/AIDS Planning Council, which sets priorities for Ryan White funding; with the cities and/or entitlement jurisdictions that participate in county-level housing planning; public and private organizations involved in the provision of housing and services to persons living with HIV/AIDS; and other local interest groups. 4.Public Meetings The County will strive to encourage persons with HIV/AIDS, their families and advocates to express their views and ideas of what they perceive as community development and housing needs in the County through the above mentioned priority-setting processes. The County will include a discussion of HOPWA in its meetings for its Annual Action Plan. Meeting participants will be provided with information about the HOPWA program, amount of HOPWA funds available, eligible activities, and the application process. In addition, the County shall cause an annual meeting to be held for coordination of HIV/AIDS programs. County shall ensure that the annual meeting is widely publicized and open to the public. The annual public meeting will be held to advise residents and nonprofit organizations of program requirements and processes to be followed in developing and approving applications for federal grant programs, including HOPWA. County shall provide meeting participants with information about the HOPWA program, funds available for both housing and community development activities and for planning and administrative activities. County shall make information available to citizens, public agencies, and other interested parties, including the specific amount of assistance the County expects to receive and the range of eligible activities that may be undertaken. County shall publish this information in the non-legal section of one or more newspapers of general circulation at least thirty (30) days prior to the date applications for funding are due. The City may conduct additional public meetings at various stages of the funding process. Meetings will be scheduled at times and locations that permit broad participation by very low and low-income persons. When needed or upon request, translators will be made available for non-English speaking attendees and the hearing-impaired. City of Oakland-County of Contra Costa 2020 HOPWA Grant Funding Agreement Page 22 of 23 5.Recommendations for Funding Categories and Allocations Based on HOPWA priorities established through the consultative process described above, the County will develop recommendations concerning the amount of HOPWA funds to be allocated to each eligible funding category. The County will present these recommendations to the City for its review and comment. City approval will depend on the County's proposal being: (a) consistent with the City’s established community priorities, and (b) eligible for receipt of HOPWA funds in accordance with HOPWA regulations and guidance. 6.Competitive Application Process HOPWA funds will be allocated to eligible activities consistent with the established funding priorities through one or more competitive application processes seeking program Sub- recipients and Developers to work directly with people living with HIV/AIDS. The City may participate in this process as an observer and may provide technical assistance. The County will host public meetings to discuss the use of HOPWA funds in the County’s jurisdiction and to provide technical assistance to potential applicants in developing eligible projects. City may request additional technical assistance from HUD upon request. The County is responsible for overall implementation of the competitive application. County will send the Notices of Funding Availability (NOFAs) to all interested parties. The County will convene a review panel consisting of County staff and representatives from a selected number of cities or other parties with knowledge of the community who have declared that they do not have a conflict of interest with respect to the outcomes of the funding recommendations. The funding recommendations from the County will be based on the following established criteria: consistency with established priorities; eligibility under federal regulations; alleviation of identified needs; target population; project feasibility and cost- effectiveness; experience; outreach and affirmative marketing program; and project readiness. In addition to the conflict of interest requirements in 2 CFR 200.318, no person who is an employee, agent, consultant, officer, or elected or appointed official of the City or County who exercises or has exercised any functions or responsibilities with respect to activities funded by this Agreement, or who participates in a decision making process or gains inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have an interest in any contract, subcontract, or agreement with respect thereto, or the proceeds thereunder, either for himself or herself or for those with whom he or she has close family or significant business ties, during his or her tenure. Any subcontracts awarded pursuant to this section and funded by this Agreement shall include a requirement that the subcontractor shall not use such funds as compensation for any of its employees, consultants or other agents who were engaged by City or County and were subject to the restrictions in paragraph during the year prior to their engagement by subcontractor. City of Oakland-County of Contra Costa 2020 HOPWA Grant Funding Agreement Page 23 of 23 7.Funds Awarded and Distributed Following completion of the competitive application process described above, the County shall submit to the City a description of the priority-setting, selection process and a list of selected Sub-recipients and Developers. No later than thirty days after execution of this Agreement, County shall submit HOPWA County Staff Report for approval by City. The City will review the proposed projects to confirm eligibility under federal regulations and contracting requirements (24 CFR Part 574). If the proposed projects comply with federal HOPWA regulations, the City will approve the projects and so inform the County. If the City finds that the proposed projects are inconsistent with federal HOPWA regulations, the City will so inform the County and provide a rationale for its finding(s). Unless rejected by the City in writing within thirty (30) days after receipt of the staff report and budget allocation report, the projects will be deemed accepted. Following approval by the City, the County will submit the recommended projects and program Sub-recipients and Developers to the County Board of Supervisors for its review and consideration. If approved by the County Board of Supervisors, the County will immediately submit a final Schedule A-1 to the City. The County, Sub-recipients, Developers, and their agents may not acquire, rehabilitate, convert, lease, repair, dispose of, demolish, or construct property, which work is to be funded from this Agreement, or commit or expend any funding for such work to be funded from this Agreement, until the City has completed its environmental review process. The City will disallow any project that takes choice-limiting actions before completion of the environmental review. Any HOPWA eligible Program Delivery costs associated with any of the Developer of Sub- recipient contracts shall be built into the budget line item for Developer or Sub-recipient per 24 CFR 574.3. 8.Contract Renewals In order to encourage continuity and cost-effectiveness in the provision of services, the County shall consider two-year contracts for housing operations, housing counseling and supportive service projects and/or programs. Projects and/or programs will be evaluated after the first year of performance. Second-year implementation will be contingent upon funds availability and a satisfactory performance evaluation. The County will provide the City with information regarding the second-year funding recommendations. Page 1 of 3 Business Name Phone Email Address City State Zip Federal ID # City of Oakland Business License Number Completed by: Phone if different Schedule C-1 – (Declaration of Compliance with the Americans with Disabilities Act)  I declare under penalty of perjury that my company will comply with the City Of Oakland American with Disabilities Act obligations. Schedule K – (Pending Dispute Disclosure) 1. Are you or your firm involved in a pending dispute or claim Against the City of Oakland or its Agency? (Please check one)  Yes  No 2. If “Yes”, please list existing and pending lawsuit(s) and claim(s) with the title, contract date, brief description of the issues, officials or staff persons involved in the matter and the City department/division administering the contract. Contract Title and Number: Date: Official(s), Staff person(s) involved: Administering Department/Division: Issues: 3. (check) Additional Disputes listed on Attachment Schedule N - (Living Wage – Declaration of Compliance) Grants accumulating over $100K, Grants under $100K mark N/A Employment Questionnaire: Please respond to the following questions: Responses (1) How many permanent employees are employed with your company? (If less than 5, stop here) (2) How many of your permanent employees are paid above the Living Wage rate? (3) How many of your permanent employees are paid below the Living Wage rate? (4) Number of compensated days off per employee? (Refer to item “a” above) (5) Number of trainees in your company? (6) Number of employees under 21 years of age, employed by a nonprofit corporation for after school or summer employment for a period not longer than 90 days. Rev. 10/2015 dm Page 2 of 3 Schedule N-1 – (Equal Benefits – Declaration of Nondiscrimination) Grants accumulating over $25K, Grants under $25K mark N/A Section A. Grantee Information (1) Are you an EBO certified firm (Please check one)  Yes  No (if yes, please attached certificate and skip Schedule N-1) (2) Approximate Number of Employees in the U.S. (3) Are any of your employees covered by a collective bargaining agreement or union trust fund? (Please check one)  Yes  No (4) Union name(s) Section B. Compliance (1) Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? (Please check one)  Yes  No (2) Does your company provide or offer access to any benefits to employees with domestic partners? (Please check one)  Yes  No Section C. Benefits PLEASE CHECK EACH BENEFIT THAT APPLIES Benefits Offered to Employees only Offered to Employees and their spouses Offered to Employees and their Domestic Partners Not Offered at all Documentation attached Health  Dental  Vision  Retirement (Pension, 401K, etc)  Bereavement  Family Leave  Parental Leave  Employee Assistance Program  Relocation & Travel  Company Discount, Facilities & Events  Credit Union  Child Care  Other  (1) CFAR is a City Financial Recipient. (2) Domestic Partner is defined a s a same sex couples or opposite sex couples registered as such with a state or local government domestic partnership registry Not applicable. County is public agency, not a firm. Rev. 9/2018 dm Page 3 of 3 Schedule P – (Nuclear Free Zone - Ordinance 11474 C.M.S.)  I declare under penalty of perjury that I have read Ordinance 11478 C.M.S. titled “An Ordinance Declaring the City of Oakland a Nuclear Free Zone and Regulating Nuclear Weapons Work and City Contracts with and Investment in Nuclear Weapons Makers”, as provided on the City’s website, see “footnote” below I certify that my firm conforms with the conditions as defined in Ordinance 11478 C.M.S.  I declare that my company is NOT in compliance with Ordinance 11478 C.M.S., but my proposal/bid should be considered because: Schedule V – (Affidavit of Non-Disciplinary or Investigatory Action) I certify that the following entities: Equal Employment Opportunity Commission (EEOC), Department of Fair Employment & Housing (DFEH) or the Office of Federal Contract Compliance Programs (OFCCP) has not taken disciplinary or investigatory action against the Firm. If such action has been taken, attached hereto is a detailed explanation of the reason for such action, the party instituting such action and the status or outcome of such action. Initial: Oakland’s Minimum Wage Law – (Resolution 85423 C.M.S. - Oakland Municipal Code Section 5.92, et seq.) I certify that I have read Oakland’s minimum wage law and I am in full compliance with all its provisions. Initial: Affirmative Action - I certify that I/we shall not discriminate against any employee or applicant for employment because of race, color, creed, sex, sexual orientation, national origin, age, disability, Acquired Immune Deficiency Syndrome (AIDS) AIDS related complex, or any other arbitrary basis and shall insure compliance with all provisions of Executive Order No. 11246 (as amended by Executive Order No. 11375). I certify that I/we shall not discriminate against any employee or applicant for employment because they are disabled veteran of the Vietnam era and shall insure compliance with all provisions of 41CFR60-250.4 where applicable. Initial: By signing and submitting this combined schedules form the prospective primary participant’s authorized representative hereby obligates the proposer(s) to the stated conditions referenced in this document. I declare under penalty of perjury that the foregoing is true and correct. Name of Individual: Title: Signature: Date: PLEASE NOTE: Detailed descriptions of all policies represented in this combined form may be found at Contracts and Compliance website “Policies and Legislation” address https://www.oaklandca.gov/documents/contracting-policies-and-legislation For an electronic copy of this combined form and copies of standalone contract Schedules R, E, O, Q, Exit Affidavit and Schedule G please go to this web address https://www.oaklandca.gov/documents/contracts-and-compliance-forms-and-schedules Not applicable. Not applicable. Schedule Q REVISED 011317: DKG Schedule Q INSURANCE REQUIREMENTS (Revised 01/13/17) a. General Liability, Automobile, Workers’ Compensation and Professional Liability Contractor shall procure, prior to commencement of service, and keep in force for the term of this contract, at Contractor's own cost and expense, the following policies of insurance or certificates or binders as necessary to represent that coverage as specified below is in place with companies doing business in California and acceptable to the City. If requested, Contractor shall provide the City with copies of all insurance policies. The insurance shall at a minimum include: i. Commercial General Liability insurance shall cover bodily injury, property damage and personal injury liability for premises operations, independent contractors, products-completed operations personal & advertising injury and contractual liability. Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 00 01) Limits of liability: Contractor shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $2,000,000 each occurrence. If such CGL insurance contains a general aggregate limit, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. ii. Automobile Liability Insurance. Contractor shall maintain automobile liability insurance for bodily injury and property damage liability with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto (including owned, hired, and non- owned autos). Coverage shall be at least as broad as Insurance Services Office Form Number CA 0001. iii. Worker's Compensation insurance as required by the laws of the State of California, with statutory limits, and statutory coverage may include Employers ’ Liability coverage, with limits not less than $1,000,000 each accident, $1,000,000 policy limit bodily injury by disease, and $1,000,000 each employee bodily injury by disease. The Contractor certifies that he/she is aware of the provisions of section 3700 of the California Labor Code, which requires every employer to provide Workers' Compensation coverage, or to undertake self-insurance in accordance with the provisions of that Code. The Contractor shall comply with the provisions of section 3700 of the California Labor Code before commencing performance of the work under this Agreement and thereafter as required by that code. Schedule Q REVISED 011317: DKG iv. Professional Liability/ Errors and Omissions insurance, if determined to be required by HRM/RBD, appropriate to the contractor’s profession with limits not less than $________ each claim and $________ aggregate. If the professional liability/errors and omissions insurance is written on a claims made form: a. The retroactive date must be shown and must be before the date of the contract or the beginning of work. b. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract work. c. If coverage is cancelled or non-renewed and not replaced with another claims made policy form with a retroactive date prior to the contract effective date, the contractor must purchase extended period coverage for a minimum of three (3) years after completion of work. v. Contractor’s Pollution Liability Insurance: If the Contractor is engaged in: environmental remediation, emergency response, hazmat cleanup or pickup, liquid waste remediation, tank and pump cleaning, repair or installation, fire or water restoration or fuel storage dispensing, then for small jobs (projects less than $500,000), the Contractor must maintain Contractor’s Pollution Liability Insurance of at least $500,000 for each occurrence and in the aggregate. If the Contractor is engaged in environmental sampling or underground testing, then Contractor must also maintain Errors and Omissions (Professional Liability) of $500,000 per occurrence and in the aggregate. vi. Sexual/Abuse insurance. If Contractor will have contact with persons under the age of 18 years, or Contractor is the provider of services to persons with Alzheimer’s or Dementia, Contractor shall maintain sexual/abuse/molestation insurance with a limit of not less than $1,000,000 each occurrence. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract work. b. Terms Conditions and Endorsements The aforementioned insurance shall be endorsed and have all the following conditions: i. Insured Status (Additional Insured): Contractor shall provide insured status naming the City of Oakland, its Councilmembers, directors, officers, agents, employees and volunteers as insured’s under the Commercial General Liability policy. General Liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 (11/85) or both CG 20 10 and CG 20 37 forms, if later revisions Schedule Q REVISED 011317: DKG used). If Contractor submits the ACORD Insurance Certificate, the insured status endorsement must be set forth on an ISO form CG 20 10 (or equivalent). A STATEMENT OF ADDITIONAL INSURED STATUS ON THE ACORD INSURANCE CERTIFICATE FORM IS INSUFFICIENT AND WILL BE REJECTED AS PROOF OF MEETING THIS REQUIREMENT; and ii. Coverage afforded on behalf of the City, Councilmembers, directors, officers, agents, employees and volunteers shall be primary insurance. Any other insurance available to the City Councilmembers, directors, officers, agents, employees and volunteers under any other policies shall be excess insurance (over the insurance required by this Agreement); and iii. Cancellation Notice: Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the Entity; and iv. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the contractor, its employees, agents and subcontractors; and v. Certificate holder is to be the same person and address as indicated in the “Notices” section of this Agreement; and vi. Insurer shall carry insurance from admitted companies with an A.M. Best Rating of A VII, or better. c. Replacement of Coverage In the case of the breach of any of the insurance provisions of this Agreement, the City may, at the City's option, take out and maintain at the expense of Contractor, such insurance in the name of Contractor as is required pursuant to this Agreement, and may deduct the cost of taking out and maintaining such insurance from any sums which may be found or become due to Contractor under this Agreement. d. Insurance Interpretation All endorsements, certificates, forms, coverage and limits of liability referred to herein shall have the meaning given such terms by the Insurance Services Office as of the date of this Agreement. e. Proof of Insurance Contractor will be required to provide proof of all insurance required for the work prior to execution of the contract, including copies of Contractor’s insurance policies if and when requested. Failure to provide the insurance proof requested Schedule Q REVISED 011317: DKG or failure to do so in a timely manner shall constitute ground for rescission of the contract award. f. Subcontractors Should the Contractor subcontract out the work required under this agreement, they shall include all subcontractors as insured’s under its policies or shall maintain separate certificates and endorsements for each subcontractor. As an alternative, the Contractor may require all subcontractors to provide at their own expense evidence of all the required coverages listed in this Schedule. If this option is exercised, both the City of Oakland and the Contractor shall be named as additional insured under the subcontractor’s General Liability policy. All coverages for subcontractors shall be subject to all the requirements stated herein. The City reserves the right to perform an insurance audit during the course of the project to verify compliance with requirements. g. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductible or self-insured retentions as respects the City, its Councilmembers, directors, officers, agents, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. h. Waiver of Subrogation Contractor waives all rights against the City of Oakland and its Councilmembers, officers, directors, employees and volunteers for recovery of damages to the extent these damages are covered by the forms of insurance coverage required above. i. Evaluation of Adequacy of Coverage The City of Oakland maintains the right to modify, delete, alter or change these requirements, with reasonable notice, upon not less than ninety (90) days prior written notice. j. Higher Limits of Insurance If the contractor maintains higher limits than the minimums shown above, The City shall be entitled to coverage for the higher limits maintained by the contractor. Schedule Z Certification of Debarment and Suspension Under the requirements of OMB Circular A-133 Supplement, part 3, Section 1, the City is required to obtain certifications that contractors and sub-grantees receiving awards exceeding $100,000 have not been suspended or debarred from participating in federally funded procurement activities. 1. The prospective primary participant certifies to the best of its knowledge and belief that its principals: a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal debarment or agency. b) Have not within a 3 year period preceding this proposal, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State, or local) transaction under a public transaction or contract. c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal State or local) with commission of the offenses enumerated in paragraph (1)(b) of this certification; and d) Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. By signing and submitting this form the prospective primary participant’s authorized representative hereby obligates the proposer(s) to the above stated conditions. Company Name Signature of Authorized Representative Address Type or Print Name Area Code Phone Date Type or Print Title Instructions for Certification A 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below The certification or explanation will be considered in connection with the department or agency’s determination whether to enter into this transaction. However, failure of the primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. 4. The prospective primary participant shall provide immediate written notice to the department/agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 6. The terms “covered transaction,” “debarred,” “suspended,” “ineligible,” “lower tier covered transaction,” “participant,” “person,” “primary” covered transaction,” “principal,” “proposal” and “voluntarily excluded,” as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549: 49CFR Part 76. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 7. The prospective primary participant further agrees by submitting this proposal that it will included the clause titled” Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, to all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines this eligibility of its principals. 9. Except for transactions authorized under paragraph (6) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. RECOMMENDATION(S): APPROVE and AUTHORIZE Employment and Human Services Director, or designee, to execute a contract amendment effective December 1, 2020 with Uplift Family Services, to decrease the payment limit by $56,000 to a new payment limit of $504,001 to provide family preservation 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, with no change to term of July 1, 2020 through June 30, 2021. FISCAL IMPACT: This contract decrease results from the 2020-21 budget reductions and will decrease department expenditures by $55,999.56 for a total department expenditure of $504,000.44. This contract is funded 70% with State 2011 Realignment funds and 30% with County funds. BACKGROUND: As a result of the COVID-19 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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 Gonzales 608-4968 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Lisa Gonzales C. 31 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:November 17, 2020 Contra Costa County Subject:Contract Reduction with Uplift Family Services BACKGROUND: (CONT'D) pandemic, the California State 2011 Realignment budget and County Department budget decreased significantly which required EHSD Children and Family Services (CFS) to seek reductions in contracts where the corresponding funding is being utilized. The Uplift Family Services contract is funded 70% with State funds and provides family preservation support services. The reduction in budget represents reduced services and personnel that the Contractor is targeting to perform during the Fiscal Year while still ensuring needed supportive services are being provided. CONSEQUENCE OF NEGATIVE ACTION: The EHSD budget will not reflect the decreased budget/contract values. CHILDREN'S IMPACT STATEMENT: This contract supports all five of the community outcomes established in the Children's Report Card: 1) "Children Ready for and Succeeding in School"; 2) "Children and Youth Healthy and Preparing for Productive Adulthood"; 3) "Families that are Economically Self Sufficient"; 4) "Families that are Safe, Stable and Nurturing"; and 5) "Communities that are Safe and Provide a High Quality of Life for Children and Families" by providing training to CFS staff to support these outcomes. RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Vanir Construction Management, Inc. (Vanir), in the amount of $3,999,879 for construction management services for demolition of the existing County Administration Building and redevelopment of the 651 Pine Street site for the period November 17, 2020, through November 17, 2023 (with a one year extension option), which may be extended to November 17, 2024 if elected by the Public Works Director. FISCAL IMPACT: 100% General Fund Capital Reserves. BACKGROUND: This project includes demolition of the existing 12 story, 121,000 square-foot County Administration Building and redevelopment of the 651 Pine Street site, including the full or partial demolition of the 1944 Annex of the Old Jail property at 650 Pine Street for the following and/or combination of parking lot with public plaza, one-story office building on-grade and parking with public space or one story and/or two-story building over parking with public space. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Ramesh Kanzaria 925-957-2480 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 32 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 17, 2020 Contra Costa County Subject:APPROVE and AUTHORIZE a Contract with Vanir Construction Management, Inc., for Construction Management Services (WW0969) BACKGROUND: (CONT'D) The County Public Works Department requested Statement of Qualifications ('SOQs") for construction management services. The Public Works Department received four SOQs from interested firms and three firms were short-listed. A selection committee comprised of County staff conducted interviews and ranked Vanir as one the top ranking firms. It is recommended that Vanir be awarded the agreement to provide construction management services for this project. CONSEQUENCE OF NEGATIVE ACTION: The Public Works Department does not have the staff expertise to provide construction management services for a project of this scale, If the contract is not approved, the project will be delayed and most likely incur increases in the cost of construction. RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with The Watershed Project, in an amount not to exceed $522,500, to provide professional stormwater quality services for a variety of National Pollutant Discharge Elimination System (NPDES) Permit requirements, for the period of November 17, 2020 through October 31, 2023, Countywide. FISCAL IMPACT: Contract will be paid for with Stormwater Utility Assessment Revenue Funds from the unincorporated areas (Fund No. 251700) designated to the County Watershed Program. BACKGROUND: This contract is for The Watershed Project to provide on-call services in the form of technical assistance and support to meet Contra Costa County’s obligations under the California Regional Water Quality Control Board Municipal Regional Stormwater NPDES Permit No. CAS612008. Public Works staff, on behalf of the County, will contact the contractor as necessary to identify the task and determine the cost and schedule. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Allison Knapp, Deputy Public Works Director, Tim Jensen, Flood Control, Michele Mancuso, County Watershed Program, Melinda Harris, County Watershed Program, Catherine Windham, Flood Control C. 33 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 17, 2020 Contra Costa County Subject:Contract with The Watershed Project for NPDES permit compliance technical assistance, Countywide. Project No. 7517-6W7083 CONSEQUENCE OF NEGATIVE ACTION: Without the approval of this contract by the Board of Supervisors, the County will be unable to meet its obligations under the California Regional Water Quality Control Board Municipal Regional Stormwater NPDES Permit No. CAS612008 and be subject to fines and other penalties from the state of California. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #26-692-19 with Applied Remedial Services, Inc., a corporation, in an amount not to exceed $547,056, to provide removal and disposal of hazardous waste materials, audit reporting and annual in-service staff education at Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers, for the period January 1, 2021 through December 31, 2021. FISCAL IMPACT: Contract is funded 100% by Hospital Enterprise Fund I. BACKGROUND: On January 14, 2020, the Board of Supervisors approved Contract #26-692-18 with Applied Remedial Services, Inc., to provide removal and disposal of hazardous waste materials at the CCRMC and Health Centers, for the period January 1, 2020 through December 31, 2020. Approval of Contract #26-692-19 will allow the Contractor to continue to provide removal and disposal of hazardous waste materials, in addition to audit reporting and annual in-service staff education services at CCRMC, through December 31, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: K Cyr, M Wilhelm C. 34 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 17, 2020 Contra Costa County Subject:Contract #26-692-19 with Applied Remedial Services, Inc. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, CCRMC will not have access to Contractor’s services, and will not be compliant with mandatory State and Federal Regulations. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #76-588-7 with Cross Country Staffing, Inc., a corporation, effective December 1, 2020, to amend Contract #76-588-6 to increase the payment limit by $2,000,000 from $2,700,000 to a new payment limit of $4,700,000 with no change in the original term of July 1, 2020 through June 30, 2021. FISCAL IMPACT: This amendment is funded by 100% Hospital Enterprise Fund I. BACKGROUND: On June 23, 2020, the Board of Supervisors approved Contract #76-588-6 with Cross Country Staffing, Inc. for the provision of temporary medical staffing services including vocational nursing, Sexual Assault Vocational Nurse Examiner (SANE), clinical laboratory scientist, certified medical assistant and other ancillary classifications at Contra Costa Regional Medical Center (CCRMC) and Health Centers, for the period from July 1, 2020 through June 30, 2021. Approval of Contract Amendment Agreement #76-588-7 will allow Contractor to provide additional temporary crisis medical staffing services through June 30, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: K Cyr, M Wilhelm C. 35 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 17, 2020 Contra Costa County Subject:Amendment #76-588-7 with Cross Country Staffing, Inc. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, patients at CCRMC and Health Centers will not have access to Contractor’s additional crisis medical staffing services. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #74-438-14 with Vasanta Venkat Giri, M.D., an individual, in an amount not to exceed $240,000, to provide telepsychiatry services for children in Central County, for the period from January 1, 2021 through December 31, 2021. FISCAL IMPACT: This contract is funded by 50% Federal Medi-Cal and 50% Mental Health Realignment. BACKGROUND: On November 19, 2019, the Board of Supervisors approved Contract #74-438-13 with Vasanta Venkat Giri, M.D., for the provision of telepsychiatry services, including diagnosing, counseling, evaluating and medical and therapeutic treatment to children for the period from January 1, 2020 through December 31, 2020. Approval of Contract #74-438-14 will allow the Contractor to continue providing telepsychiatry services, through December 31, 2021. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Alaina Floyd, M Wilhelm C. 36 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 17, 2020 Contra Costa County Subject:Contract #74-438-14 with Vasanta Venkat Giri, M.D. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County’s clients will not have access to Contractor’s telepsychiatry services. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: (1) Children Ready for and Succeeding in School; (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 Public Works Director, or designee, to execute a contract amendment with CLEANSTREET, effective December 1, 2020, to increase the payment limit by $250,000 to a new payment limit of $1,250,000, to provide routine street sweeping services for curbed streets in unincorporated Contra Costa County, and to extend the termination date from December 31, 2020 to December 31, 2021, Countywide. FISCAL IMPACT: The project is funded by 100% Local Road Funds. BACKGROUND: The County Watershed Program is responsible for ensuring the County’s compliance with the current and reissued National Pollutant Discharge Elimination System (NPDES) stormwater permit issued by the San Francisco Bay Region of the California Regional Water Quality Control Board (RWQCB). Permit provisions are met through various pollution prevention programs, including municipal maintenance and reduction of pollutants of concern, in order to reduce water-quality impacts from urban runoff. Routine street sweeping helps satisfy the mandated reduction of pollutants to the County’s storm drain system. Street sweeping removes sediment, debris, and other contaminants that might normally enter APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Allison Knapp, Deputy Public Works Director, Tim Jensen, Flood Control, Michele Mancuso, County Watershed Program, Melinda Harris, County Watershed Program, Beth Balita, Finance, Catherine Windham, Flood Control C. 37 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:November 17, 2020 Contra Costa County Subject:Contract Amendment with CLEANSTREET, Countywide. Project No. 0672-6U2319 BACKGROUND: (CONT'D) the storm drain system and flow untreated to creeks and other natural waterways. Adoption of this contract amendment allows monthly street sweeping of curbed streets in unincorporated areas of the County to continue in the following four service areas and unincorporated communities: - West County (El Sobrante, East Richmond Heights, North Richmond, SW Kensington, Rodeo, Crockett, Rollingwood, Montalvin/Montara Bay, and Tara Hills) - Central County (Pacheco, Clyde, Vine Hill, North Concord, Pleasant Hill, and Saranap) - East County (Discovery Bay) - South County (Alamo and Camino Tassajara) The Public Works Department, Watershed Program administers this street sweeping contract for clean water compliance. The County Watershed Program is not responsible for nonroutine street sweeping related to road improvements and maintenance (chip seal cleanup) and/or construction projects. CONSEQUENCE OF NEGATIVE ACTION: Without the approval of the Board of Supervisors, no routine street sweeping service will be provided to residents of unincorporated Contra Costa County. The County will be out of compliance with its Municipal Stormwater NPDES Permit with the RWQCB, which could result in enforcement action and fines. Neighborhoods will suffer from the unsightly accumulation of trash collecting within gutters. They may experience localized flooding from excess leaves collecting within drainage inlets during the rainy season, and they may encounter safety issues from the buildup of road-associated debris, i.e., rocks and aggregate. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #27-154-16 with Steven Cloutier (dba Alhambra Valley Counseling Associates), a sole proprietor, effective October 1, 2020, to amend Contract #27-154-14 (as amended by Amendment Agreement #27-154-15) to provide additional outpatient psychotherapy services for Medi-Cal members, with no change in the original payment limit of $350,000, and no change in the original term of March 1, 2019 through February 28, 2021 FISCAL IMPACT: This amendment is funded by 100% Contra Costa Health Plan (CCHP) Enterprise Fund II BACKGROUND: On February 12, 2019, the Board of Supervisors approved Contract #27-154-14 (as amended by Amendment Agreement #27-154-15) with Steven Cloutier (dba Alhambra Valley Counseling Associates), for the provision of outpatient psychotherapy services for Contra Costa Health Plan (CCHP) members, for the period from March 1, 2019 through February 28, 2021. Approval of Contract Amendment Agreement #27-154-16 will allow the Contractor to provide outpatient psychotherapy services for Medi-Cal members, through February 28, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: K Cyr, M Wilhelm C. 38 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 17, 2020 Contra Costa County Subject:Amendment #27-154-16 with Steven Cloutier (dba Alhambra Valley Counseling Associates) CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, certain specialized health care services for CCHP members will not be provided. RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Wayfinder Family Services, to decrease the payment limit by $26,000 to a new payment limit of $419,000 to provide resource family pre-approval supportive services for foster youth, with no change to the term. FISCAL IMPACT: The contract decrease results from the 2020-2021 budget reductions and will decrease department expenditures by $26,000 for a total department expenditure of $419,000. The contract is funded by 100% State 2011 Realignment. BACKGROUND: As a result of the COVID-19 pandemic, the California State 2011 Realignment budget decreased significantly which required Employment and Human Services Department, Children and Family Services Bureau to seek reductions in contracts where California State 2011 Realignment funding is being utilized. The Wayfinder Family Services (Contractor) contract is funded 100% from State Realignment and provides services to help secure Resource families in Contra Costa County to support permanent placement for CFS Foster Youth. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Laura Pacheco (925) 608-4963 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 39 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:November 17, 2020 Contra Costa County Subject:Contract Amendment with Wayfinder Family Services BACKGROUND: (CONT'D) The reduction in budget represents a reduced number of Psychosocial Assessments (Family Evaluations) that the Contractor is targeted to perform while maintaining the level of service, California Department of Social Service (CDSS) compliance and quality in completing assessments for prospective caregivers. CONSEQUENCE OF NEGATIVE ACTION: The EHSD budget will not reflect the decreased budget/contract values as they are already a part of the approved FY 2020-21 Final Budget. CHILDREN'S IMPACT STATEMENT: This contract supports four of the five community outcomes established in the Children’s Report Card: 1) Children Ready for and Succeeding in School; 2) Children and Youth Healthy and Preparing for Productive Adulthood; 3) Families that are Safe, Stable and Nurturing; and 4) Communities that are Safe and Provide a High Quality of Life for Children and Families by placing foster youth into appropriate, stable and permanent placements. RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Chabot-Las Positas Community College District, effective December 1, 2020 to decrease the payment limit by $75,000 to a new payment limit of $375,000 to provide foster care training services with no change to the term. FISCAL IMPACT: This will decrease department expenditures by $75,000 for a total department expenditure of $375,000, funded by 100% State 2011 Realignment. BACKGROUND: As a result of the COVID-19 pandemic, the California State 2011 Realignment budget decreased significantly which required EHSD CFS to seek reductions in contracts where California State 2011 Realignment funding is being utilized. The CLPCCD (Contractor) interagency agreement is funded 100% from State Realignment and provides training to increase the skills and capacity of those who work directly with foster and adoptive children. The reduction in APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Laura Pacheco (925) 608-4963 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 40 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:November 17, 2020 Contra Costa County Subject:Contract Amendment with Chabot-Las Positas Community College District BACKGROUND: (CONT'D) budget represents a reduced number of training class offerings that the Contractor is targeted to perform during the Fiscal Year while still ensuring that we are offering a minimum number of classes to expand expertise and knowledge of those individuals providing care and services to Contra Costa County children and youth placed in foster care. CONSEQUENCE OF NEGATIVE ACTION: The EHSD budget will not reflect the decreased budget/contract value. CHILDREN'S IMPACT STATEMENT: This agency agreement supports all five of the community outcomes established in the Children's Report Card: 1) "Children Ready for and Succeeding in School"; 2) "Children and Youth Healthy and Preparing for Productive Adulthood"; 3) "Families that are Economically Self Sufficient"; 4) "Families that are Safe, Stable and Nurturing"; and 5) "Communities that are Safe and Provide a High Quality of Life for Children and Families" by providing training to foster care providers. RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of Health Services Department, a Purchase Order with Abbott Laboratories, in an amount not to exceed $800,000 to purchase Hepatitis testing kits and reagents for the Contra Costa Regional Medical Center Public Health laboratory, for the period from October 1, 2020 through September 30, 2022. FISCAL IMPACT: If approved, the purchase order will be 100% funded by the Hospital Enterprise Fund I. BACKGROUND: Abbott Laboratories provides the reagents required for use with the testing instrument in our Public Health Laboratory. The reagents are necessary for specimens to be tested for Hepatitis A, B and C antibodies. These tests are used to detect both acute and chronic Hepatitis infections in patients seen at the Contra Costa Regional Medical Center and Contra Costa Health Centers. CONSEQUENCE OF NEGATIVE ACTION: If this purchase order is not approved the health care system would not be able to detect Hepatitis antigen and antibodies in those patients who have been exposed, resulting in higher health care cost when they develop disease in later years. The testing would then need to be conducted by outside commercial labs at a greater cost to the County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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 Peddycord, 925-313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Melody Hung-Fan, Marcy Wilhelm C. 41 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 17, 2020 Contra Costa County Subject:Purchase Order with Abbott Laboratories RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with California State University Fresno Foundation, a Non-Profit Corporation, effective December 1, 2020 to decrease the payment limit by $25,000 to a new payment limit of $725,000 to provide Title IV-E training, with no change to the term. FISCAL IMPACT: The contract decrease results from the 2020-2021 budget reduction and will decrease department expenditures by $25,000 for a total department expenditure of $725,000. The contract is funded with 75% Federal IV-E funds; 17% State 2011 Realignment funds; and 8% County funds. [CFDA #93.658] BACKGROUND: As a result of the COVID-19 pandemic, the California State 2011 Realignment budget and County Department budget decreased significantly which required Employment and Human Services Department, Children and Family Services Bureau to seek reductions in contracts where the corresponding funding is being utilized. The California State University Fresno Foundation (Contract) APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Laura Pacheco (925) 608-4963 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 42 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:November 17, 2020 Contra Costa County Subject:California State University, Fresno Foundation Interagency Agreement Amendment BACKGROUND: (CONT'D) interagency agreement is funded by Federal IV-E funds, 2011 State Realignment and County funds and provides training to increase the skills and provide staff training. This program enhances professional skills and knowledge; increases cultural awareness and responsiveness of staff; and increases staff’s knowledge on the application of new laws and regulations in child welfare. The reduction in budget represents a reduced number of training class offerings that the Contractor is targeted to perform during the Fiscal Year while still ensuring that we are offering a minimum number of classes to expand expertise and knowledge of staff providing services to Contra Costa County families, children and youth involved in the foster care system. CONSEQUENCE OF NEGATIVE ACTION: The EHSD budget will not reflect the decreased budget/contract values as they are already a part of the approved FY 2020-21 Final Budget. CHILDREN'S IMPACT STATEMENT: This contract supports all five of the community outcomes established in the Children's Report Card: 1) "Children Ready for and Succeeding in School"; 2) "Children and Youth Healthy and Preparing for Productive Adulthood"; 3) "Families that are Economically Self Sufficient"; 4) "Families that are Safe, Stable and Nurturing"; and 5) "Communities that are Safe and Provide a High Quality of Life for Children and Families" by providing training to CFS staff to support these outcomes. RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, an amendment to purchase order #013931 with Stryker Sales Corporation, to extend the term from August 31, 2020 to August 31, 2021 for the purchase of endoscopic supplies and products for the Contra Costa Regional Medical Center (CCRMC)'s Operating Room with no change in the original payment limit of $1,000,000. FISCAL IMPACT: This purchase order is 100% funded by the Hospital Enterprise Fund I. BACKGROUND: Stryker Sales Corporation provides products used to perform endoscopic surgeries at the CCRMC Operating Room. The availability of these products enables providers to perform less costly, non-invasive endoscopic surgeries with a quicker recovery time for patients. CONSEQUENCE OF NEGATIVE ACTION: If this purchase order amendment is not approved, the CCRMC will run out of the necessary supplies and will no longer be able to provide endoscopic surgery services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Jasmine Campos, Marcy Wilhelm C. 43 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 17, 2020 Contra Costa County Subject:Purchase Order amendment with Stryker Sales Corporation RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Novation Contract #74-523-5 with Counseling Options & Parent Education, Inc. (C.O.P.E.), a non-profit corporation, in an amount not to exceed $253,238, to provide Triple-P parent education classes and practitioner trainings for the period from July 1, 2020 through June 30, 2021, which includes a six-month automatic extension through December 31, 2021, in an amount not to exceed $126,619. FISCAL IMPACT: This contract is funded 100% by Mental Health Services Act funding. BACKGROUND: This contract meets the social needs of County’s population by providing Triple-P parent education programming to at-risk families in order to help parents develop better coping skills and improve family communication. Contractor shall also provide trainings and certification services to maintain a qualified pool of practitioners within Contra Costa County. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 44 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 17, 2020 Contra Costa County Subject:Novation Contract # 74-523-5 with Counseling Options & Parent Education, Inc. (C.O.P.E.) BACKGROUND: (CONT'D) On August 6, 2019, the Board of Supervisors approved Novation Contract #74-523-3, as amended by Amendment Agreement #74-523-4, with Counseling Options & Parent Education, Inc. (C.O.P.E.), for the provision of Triple-P parent education classes and practitioner trainings, for the period from July 1, 2019 through June 30, 2020, which included a six-month automatic extension through December 31, 2020. Approval of Novation Contract #74-523-5 replaces the automatic extension under the prior contract and allows the Contractor to continue providing services through June 30, 2021. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, at-risk families will have reduced access to parent education programming and qualified Triple-P practitioners, resulting in reduced levels of service to the community. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: (1) Children Ready for and Succeeding in School; (4) Families that are Safe, Stable and Nurturing; and (5) Communities that are Safe and Provide a High Quality of Life for Children and Families. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment/Extension Agreement #25-079-5 with Portia Bell Hume Behavioral Health and Training Center, a corporation, effective October 1, 2020, to amend Contract #25-079-3 (as amended by Amendment/Extension Agreement #25-079-4), to increase the payment limit by $350,000, from $749,977 to a new payment limit of $1,099,977, and to extend the termination date from September 30, 2021 to September 30, 2022, for additional support services to County residents who are homeless or at risk of becoming homeless. FISCAL IMPACT: This contract is funded by 20% Federal Housing and Urban Development Fund, 25% Public Defender’s Holistic Intervention Partnership (HIP) Fund, 23% Adult Protective Services (APS) Home Safe Fund, and 32% California Emergency Solution Housing (CESH) funding. BACKGROUND: On December 10, 2019, the Board of Supervisors approved Contract #25-079-3 (as amended by Amendment/Extension Agreement #25-079-4) with Portia Bell Hume Behavioral Health APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 45 To:Board of Supervisors From:Anna Roth, Health Services Director Date:November 17, 2020 Contra Costa County Subject:Contract Amendment/Extension Agreement #25-079-5 with Portia Bell Hume Behavioral Health and Training Center BACKGROUND: (CONT'D) and Training to provide case management and homelessness Rapid Resolution counseling to County residents who are homeless or at risk of becoming homeless for the period from October 1, 2019 through September 30, 2021. Approval of Contract Amendment/Extension Agreement #25-079-5 will allow the Contractor to provide additional services through September 30, 2022. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County residents and families that are homeless or at risk of being homeless will not have access to Contractor’s services. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: (4) Families that are Safe, Stable and Nurturing; and (5) Communities that are Safe and Provide a High Quality of Life for Children and Families. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #72-131-1 with Full Court Press Communications Incorporated, a corporation, effective November 1, 2020, to amend Contract #72-131, to increase the payment limit by $750,000, from $300,000 to a new payment limit of $1,050,000 and to extend the termination date from February 28, 2021 to December 31, 2021, for additional consulting, technical support and strategic planning for County’s Community Connect Program and COVID-19 response and communications. FISCAL IMPACT: This contract is funded 100% by Whole Person Care funding. BACKGROUND: On July 23, 2019, the Board of Supervisors approved Contract #72-131 with Full Court Press Communications Incorporated, to provide consulting, technical support and strategic planning for County’s Community Connect program for the period August 1, 2019 through February 28, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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 Peddycord, 925-313-6712 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 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:November 17, 2020 Contra Costa County Subject:Amendment #72-131-1 with Full Court Press Communications Incorporated BACKGROUND: (CONT'D) Approval of Contract Amendment Agreement #72-131-1 will allow Contractor to provide additional services through December 31, 2021. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, the Health Services Department will not receive additional support from Contractor for the Community Connect Program and COVID-19 response and communications. RECOMMENDATION(S): APPROVE and AUTHORIZE the Conservation and Development (DCD) Director, or designee, to execute an order form and software license and maintenance agreement amendment with Accela, Inc., in an amount not to exceed $754,129, for the period October 1, 2020 through September 30, 2025, for application processing and permit issuance software and support, for DCD and the Public Works Department (PWD). FISCAL IMPACT: No impact to the County General Fund. DCD costs will be covered by application fees. Public Works Department (PWD) costs will be covered by various funds including land development fees. BACKGROUND: Accela is the main software system used by the Department of Conservation and Development (DCD) for tracking and processing building and planning applications, and issuing permits. DCD has used Accela Automation (formerly Sierra Computer Systems, Inc.) for this purpose since 1997. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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: Patricia Zaragoza 925-674-7857 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 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:John Kopchik, Director, Conservation & Development Department Date:November 17, 2020 Contra Costa County Subject:Contract with Accela, Inc.: Maintenance Agreement and Accela Software License Agreement BACKGROUND: (CONT'D) Different modules in the system allow DCD to process permits and communicate with the public in an efficient manner. The ePermits portal of Accela allows the public to access permit information virtually. Further, Accela allows DCD's building inspectors and other field staff access to live data on their mobile devices enabling them to make more informed decisions and communicate with the office immediately. Historical data from the system is also used to generate comprehensive reports for use by the County and various local, state and federal agencies. This contract will be used by DCD for existing DCD licensing, and for on-going maintenance and support services. Additionally, there is a purchase of 25 licenses to allow the Public Works Department (PWD) to use the software hosted by DCD. This will allow data to feed into the PWD's joint billing system for faster and more accurate billing. CONSEQUENCE OF NEGATIVE ACTION: Accela is a critical tool in DCD's daily operations and the recommended contracts are necessary to maintain DCD's main business processes. If unapproved, DCD's ability to track and process Building Permits and Planning Applications will be significantly affected. RECOMMENDATIONS DETERMINE that the proposal submitted by CBRE is the best value to the Authority for Commercial Real Estate Services (Project #1), and AWARD a contract to CBRE, Inc., the best value proposer, for Commercial Real Estate Services (Project #1) at the rates and prices set forth in CBRE's May 20, 2020 Proposal in a total amount (commissions and fees) not to exceed $1,500,000; and REJECT all proposals submitted for residential real estate services (Project #2) and DIRECT Authority staff to issue a revised Request for Proposals (RFP); and ORDER that, after CBRE has signed the contract in a form acceptable to County Counsel and returned it, together with performance and payment bond, insurance certificates and any other required documentation, the Executive Director, or his designee, is authorized to execute the contract for this Board. Action of Board On: 11/17/2020 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF COMMISSIONERS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Housing Authority 925.957.8000 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 Joseph Villarreal, Executive Director By: Laura Cassell, Deputy cc: C. 48 To:Board of Supervisors From:Joseph Villarreal, Housing Authority Date:November 17, 2020 Contra Costa County Subject:Award contract to CBRE, Inc. for Commercial Real Estate Services, RFP 20120-165, Martinez Area BACKGROUND For the past 13 years, since the property was purchased in 2007, the Housing Choice Voucher (HCV) Program has been housed at 2870 Howe Road, in Martinez. At that time, the HCV Program consisted of approximately 6,500 vouchers and employed 42 staff members. Since then, the Program has grown to over 9,000 units and expanded to 54 staff members. For the past three years, the staff has been crowded into spaces, as needed, at the expense of proper ergonomic desk spaces and adequate seating for all employees. In addition, the building has been determined to have foundation settlement and wall damage and probably would require seismic upgrades. The repairs to the building to correct these issues may run into the hundreds of thousands of dollars or more. A geotechnical study has been completed on the building's needs and the HACCC is awaiting the architect’s estimates of what repairs would entail and cost. Moreover, social distancing and safe access for staff and the general public in response to COVID-19 have highlighted the significant need for more space for the HCV Department. This has also resulted in the realization that it would better serve our clients to re-open an East County office space to serve the households we serve from Antioch all the way to the East County line. In July of 2019, the HACCC opened a satellite office in San Pablo to serve voucher households from the newly-acquired Richmond Housing Authority and is considering expanding services there to all West County households. After consideration of these numerous issues, the HACCC has determined that finding new space would better serve the agency than to renovate the HCV Building in Martinez that we already know is inadequate for our needs. On April 30, 2020, the HACCC issued a Request for Proposals (RFP) inviting realtors to submit Proposals for representing the agency in: Commercial Real Estate transactions related to sale of the HCV Building and acquisition of a replacement headquarters for the HCV Department (Project #1); and Residential Real Estate transactions related to disposition of properties from the former Las Deltas public housing development in North Richmond (Project #2). The HACCC received four Proposals from the following firms for Commercial Real Estate Services (Project #1): Proposer Standard Transaction Fee Fees for Add'l Services Minimum Fee Per Transaction Hourly Consultant Fee Commission for Sales, Leasing or Purchase CBRE, Inc. (CBRE) Walnut Creek, CA 5% of Total Purchase/Sale Price, split between Listing & Procuring brokers; 7.5% of Total Lease consideration, split 1/3 to $200.00/hr., credited towards (deducted from) resulting Transaction Fee $10,000.00 Minimum Fee per Transaction, or equal $200.00/hr., credited towards (deducted from) resulting Transaction Fee 5% of Purchase/ Sale Price, split 50/50 between Listing & Procuring brokers; 7.5% of Total Lease consideration, split 1/3 to Listing broker & 2/3 to Procuring broker Listing broker & 2/3 to Procuring broker *Higgenbotham Auctioneers Internat'l Ltd., Inc. (Higgenbotham) Lakeland, FL $1.00 10% Buyer Premium; 3%-10% Commission; 0%-6% Rebate to HACCC; 20% of net commission to Buyer's Broker $1.00 $250/hr. Principal $200/hr. Licensed Broker $100/hr. Administrative Staff $1.00 Termination Fee of up to 1% of Minimum Bid/Reserve Price $1.00 $250/hr. Principal $200/hr. Licensed Broker $100/hr. Administrative Staff $1.00 Overland, Pacific & Cutler, LLC (OPC) Long Beach, CA $10,000.00 $0.01 $7,500.00 $105.00 2% **Security Pacific Real Estate Richmond, CA $74,000.00 Other fees for 2 transactions $60,000.00 Maximum total Consulting fees & other costs $250,000.00 One transaction $40,000.00 $200.00/hr. plus expenses for a maximum of 200 hrs. $800,000.00 2.5% for purchase or lease of building with no other Broker involved; for purchase or lease with another Broker acting as listing agent, 50% of total brokerage fees paid; 2 transactions anticipated * Non-responsive Proposal - Higgenbotham submitted pricing late and submitted a portion by email to PA * Non-responsive Proposal - Higgenbotham submitted pricing late and submitted a portion by email to PA instead of submitting it to the e-Procurement system, as required by the RFP; Higgenbotham's proposed sales method (auction) would violate Health & Safety Code Section 34315.7, which allows sale by auction only as a last resort (lowest priority) for Housing Authority property. ** Non-responsive Proposal - Security Pacific submitted pricing late and failed to submit certain hard-copy items required by the RFP. An Evaluation Committee comprised of three HACCC staff members reviewed and scored the four Proposals based on "Best Value" to HACCC using the criteria noted in the RFP. The ranking outcome was: CBRE - ranked first (233 total points, 78 average points), unanimous top-ranked firm Higgenbotham - ranked second (181 total points, 60 average points) OPC - ranked third (169 total points, 56 average points) Security Pacific - ranked fourth (101 total points, 34 average points) Moreover, CBRE was significantly more experienced at local, commercial real estate transactions than Higgenbotham, OPC, and Security Pacific. Subsequent negotiations with CBRE, as provided for in the RFP, resulted in the following clarification and adjustment of the prices they submitted electronically: Sale Purchase Lease Standard Transaction Fee 5% of Total Sale Price split 50/50 between Listing & Procuring brokers Commission payable by seller Commission capped at 4.5% if CBRE represents buyer or if buyer is unrepresented 5% of Purchase Price Due upon close of escrow Commission payable by seller 7.5%of Total Lease Consideration split 1/3 to Listing broker and 2/3 to Procuring broker 50% due upon lease execution and 50% due upon lease commencement Commission payable by landlord/lessor Commission capped at 4.5% if CBRE represents landlord/lessor or if landlord/lessor is unrepresented No commission payable for any renewals or extensions Hourly Consulting Fee $200.00/hr. Only applies to extraordinary services outside the scope of work $200.00/hr. Only applies to extraordinary services outside the scope of work $200.00/hr. Only applies to extraordinary services outside the scope of work Commission for Sales, Leasing or Purchase See Standard Transaction Fee above See Standard Transaction Fee above See Standard Transaction Fee above Based on the proposal evaluation and ranking, HACCC staff recommends that the Board determine that CBRE has submitted the Proposal that provides Best Value to HACCC and that the Board award a contract to CBRE for Commercial Real Estates Services (Project #1 in the RFP) in a total amount (commissions and fees) not to exceed $1.5 million. CBRE is the highest-scored, most-qualified applicant for commercial real estate representation and will best fulfill our needs to sell the existing HCV Building and secure appropriate new office space for the HCV Department. While we continue to assess exactly what our spatial needs will be, it is clear that we will need the services of a commercial real estate broker to handle any actions we take. CBRE is a leader in their field and an excellent choice to represent HACCC for our HCV property and related needs. For Residential Real Estate Services related to disposition of properties from the former Las Deltas housing development in North Richmond (Project #2 in the RFP), HACCC staff recommends that the Board reject all proposals received and instead direct staff to issue another RFP with modified requirements to address the need to market some properties at affordable prices to not only make them accessible to low income residents in the North Richmond community but also to stimulate economic development activity in North Richmond. FISCAL IMPACT All fees and commissions for the real estate services provided by CBRE will come from proceeds of the sale or lease of the existing HCV property on Howe Rd. Any further costs will be paid from HCV administrative fees and administrative fee reserves. The contract stipulates that all fees are to be in an amount not to exceed $1.5 million for all transactions. CONSEQUENCE OF NEGATIVE ACTION If the Board does not award a contract to CBRE to represent HACCC for the agency’s commercial real estate needs for the HCV Building, no actions will be able to be taken to sell or lease the existing HCV Building and secure new and adequate office space for the growing operations of the HCV department. RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Wayfinder Family Services, to decrease the payment limit by $50,000 to a new payment limit of $381,051 to provide Kinship Support Services, with no change to the term. FISCAL IMPACT: The Contract decrease results from the 2020-2021 budget reductions and will decrease department expenditures by $50,000 for a total department expenditure of $381,051. The Contract is funded by 100% State Realignment. BACKGROUND: As a result of the COVID-19 pandemic, the California State 2011 Realignment budget and County Department budget decreased significantly which required EHSD Children and Family Services Bureau to seek reductions in contracts where the corresponding funding is being utilized. The Wayfinder Family Services (Contractor) contract is funded by 2011 State Realignment funds and provides kinship support services in East Contra Costa County to relative caregivers and the dependent children placed in their homes by the juvenile court as well as for those who are at risk of dependency or delinquency. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Laura Pacheco (925) 608-4963 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 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:November 17, 2020 Contra Costa County Subject:Contract Amendment with Wayfinder Family Services CONSEQUENCE OF NEGATIVE ACTION: The EHSD budget will not reflect the decreased budget/contract value. CHILDREN'S IMPACT STATEMENT: This contract supports all five of the community outcomes established in the Children's Report Card: 1) "Children Ready for and Succeeding in School"; 2) "Children and Youth Healthy and Preparing for Productive Adulthood"; 3) "Families that are Economically Self Sufficient"; 4) "Families that are Safe, Stable and Nurturing"; and 5) "Communities that are Safe and Provide a High Quality of Life for Children and Families" by providing training to CFS staff to support these outcomes. RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Catholic Charities of the Diocese of Oakland (dba Catholic Charities of East Bay), to decrease the payment limit by $68,000 to a new payment limit of $270,000 to provide Child Welfare Redesign Differential Response Path 2 Case Management services in East Contra Costa County, with no change to the term. FISCAL IMPACT: This will decrease department expenditures by $68,000 for a total department expenditure of $270,000. The contract is funded with 100% State Child Welfare Services Outcome Improvement Project-Realignment funds. BACKGROUND: As a result of the COVID-19 pandemic, the California State 2011 Realignment budget and County Department budget decreased significantly which required EHSD Children and Family Services Bureau to seek reductions in contracts where the corresponding funding is being utilized. Catholic Charities of the Diocese of Oakland (dba Catholic Charities of East Bay) (Contractor) contract is funded by 2011 State Realignment funds APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Laura Pacheco (925) 608-4963 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 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:Kathy Gallagher, Employment & Human Services Director Date:November 17, 2020 Contra Costa County Subject:Contract Amendment with Catholic Charities of the East Bay for Differential Response Program Case Management Services BACKGROUND: (CONT'D) and provides Differential Response Path 2 Case Management services in Central Contra Costa County. The reduction in budget represents reduced services and personnel that the Contractor is targeted to perform during the Fiscal Year while still ensuring needed supportive services are being provided through the Differential Response Program in East Contra Costa County. CONSEQUENCE OF NEGATIVE ACTION: The EHSD budget will not reflect the decreased budget/contract value. CHILDREN'S IMPACT STATEMENT: This contract supports all five of the community outcomes established in the Children's Report Card: 1) "Children Ready for and Succeeding in School"; 2) "Children and Youth Healthy and Preparing for Productive Adulthood"; 3) "Families that are Economically Self Sufficient"; 4) "Families that are Safe, Stable and Nurturing"; and 5) "Communities that are Safe and Provide a High Quality of Life for Children and Families" by providing training to CFS staff to support these outcomes. RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Uplift Family Services, decrease the payment limit by $84,800 to a new payment limit of $339,200 to provide Child Welfare Redesign Differential Response Path 2 Case Management services in East Contra Costa County, with no change to the term. FISCAL IMPACT: The Contract decrease results from the 2020-2021 budget reductions and will decrease department expenditures by $84,800 for a total department expenditure of $339,200. The contract is funded with 100% State Child Welfare Services Outcome Improvement Project-Realignment funds. BACKGROUND: As a result of the COVID-19 pandemic, the California State 2011 Realignment budget and County Department budget decreased significantly which required EHSD Children and Family Services Bureau to seek reductions in contracts where the corresponding funding is being utilized. Uplift Family Services (Contractor) contract is funded by 2011 State Realignment funds and provides APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Laura Pacheco (925) 608-4963 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 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:Kathy Gallagher, Employment & Human Services Director Date:November 17, 2020 Contra Costa County Subject:Contract Amendment with Uplift Family Services for Differential Response Program Case Management Services BACKGROUND: (CONT'D) Differential Response Path 2 Case Management services in East Contra Costa County. The reduction in budget represents reduced services and personnel that the Contractor is targeted to perform during the Fiscal Year while still ensuring needed supportive services are being provided through the Differential Response Program in East Contra Costa County. CONSEQUENCE OF NEGATIVE ACTION: The EHSD budget will not reflect the decreased budget/contract value. RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with The West Contra Costa Youth Services Bureau, to decrease the payment limit by $66,972 to a new payment limit of $267,891 to provide Child Welfare Redesign Differential Response Path 2 Case Management services in West Contra Costa County, with no change to the term. FISCAL IMPACT: The Contract decrease results from the 2020-2021 budget reduction and will decrease department expenditures by $66,972 for a total department expenditure of $267,891. The contract is funded with 100% State Child Welfare Services Outcome Improvement Project-Realignment funds. BACKGROUND: As a result of the COVID-19 pandemic, the California State 2011 Realignment budget and County Department budget decreased significantly which required EHSD Children and Family Services Bureau to seek reductions in contracts where the corresponding funding is being utilized. The West Contra Costa Youth Services Bureau APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Laura Pacheco (925) 608-4963 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 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:November 17, 2020 Contra Costa County Subject:Contract Amendment with West Contra Costa Youth Services Bureau Services BACKGROUND: (CONT'D) (Contractor) contract is funded by 2011 State Realignment funds and provides Differential Response Path 2 Case Management services in West Contra Costa County. The reduction in budget represents reduced services and personnel that the Contractor is targeted to perform during the Fiscal Year while still ensuring needed supportive services are being provided through the Differential Response Program in West Contra Costa County. CONSEQUENCE OF NEGATIVE ACTION: The EHSD budget will not reflect the decreased budget/contract value. CHILDREN'S IMPACT STATEMENT: This contract supports all five of the community outcomes established in the Children's Report Card: 1) "Children Ready for and Succeeding in School"; 2) "Children and Youth Healthy and Preparing for Productive Adulthood"; 3) "Families that are Economically Self Sufficient"; 4) "Families that are Safe, Stable and Nurturing"; and 5) "Communities that are Safe and Provide a High Quality of Life for Children and Families" by providing training to CFS staff to support these outcomes. RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Uplift Family Services, to decrease the payment limit by $100,000 to a new payment limit of $439,167 to provide Kinship Support Services to relative caregivers of relative’s children, with no change to the term. FISCAL IMPACT: The Contract decrease results from the 2020-2021 budget reductions and will decrease department expenditures by $100,000 for a total department expenditure of $439,167. The contract is funded with 100% State Realignment funds. BACKGROUND: As a result of the COVID-19 pandemic, the California State 2011 Realignment budget and County Department budget decreased significantly which required EHSD Children and Family Services Bureau to seek reductions in contracts where the corresponding funding is being utilized. The Uplift Family Services (Contractor) contract is funded by 2011 State Realignment funds and provides kinship support services in Central and West Contra Costa County to relative caregivers and the dependent children placed in their homes by the juvenile court as well as for those who are at APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Laura Pacheco (925) 608-4963 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 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:Kathy Gallagher, Employment & Human Services Director Date:November 17, 2020 Contra Costa County Subject:Contract Amendment with Uplift Family Services BACKGROUND: (CONT'D) risk of dependency or delinquency. The reduction in budget represents reduced services and personnel that the Contractor is targeted to perform during the Fiscal Year while still ensuring needed supportive services are being provided through the Kinship Services Program in Central and West Contra Costa County. CONSEQUENCE OF NEGATIVE ACTION: The EHSD budget will not reflect the decreased budget/contract value. CHILDREN'S IMPACT STATEMENT: This contract supports all five of the community outcomes established in the Children's Report Card: 1) "Children Ready for and Succeeding in School"; 2) "Children and Youth Healthy and Preparing for Productive Adulthood"; 3) "Families that are Economically Self Sufficient"; 4) "Families that are Safe, Stable and Nurturing"; and 5) "Communities that are Safe and Provide a High Quality of Life for Children and Families" by providing training to CFS staff to support these outcomes. RECOMMENDATION(S): ADOPT Resolution No. 2020/305 to approve and authorize the Employment and Human Services Director, or designee, to execute a contract amendment with the California Department of Education to increase the payment limit in the amount of $377,489 to a new amount not to exceed $7,161,833 to provide California Work Opportunity and Responsibility to Kids (CalWORKS, Stage 2) childcare and development programs with no change to the term through June 30, 2021. FISCAL IMPACT: 80% ($5,760,572) State. 20% ($1,401,261) Federal dollars passed through the State Department of Education [CFDA #93.575]. (No County match) State funding number C2AP 0008-03; County number 29-213-39. BACKGROUND: The Department received original notification on June 2, 2020 from California Department of Education for the 2020-21 funding allocation for alternative payment / CalWORKS Stage 2 childcare services. This State program provides funding to reimburse a portion of the childcare costs incurred by CalWORKS Stage 2 participants APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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) 681-6334 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Theodore Trinh, Nelly Ige, Angela Winn, Nasim Eghlima C. 54 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:November 17, 2020 Contra Costa County Subject:2020-21 California Department of Education CalWORKS Stage 2 Childcare Revenue Contract Amendment 3 BACKGROUND: (CONT'D) through their participation in the CalWORKS program. The County Board of Supervisors approved agreement on June 23, 2020 (C.30). The first amendment added language to reflect Contra Costa County Pilot Plan with no changes on payment or term limit and therefore not requiring board approval. The second amendment agreement was approved by the County Board on November 3, 2020 (C.38) to accept additional funds from the State. This board resolution is to approve additional funds from the State. CONSEQUENCE OF NEGATIVE ACTION: If not approved, County will not have funds to operate CalWORKS Stage 2 childcare program. CHILDREN'S IMPACT STATEMENT: The Employment and Human Services Department's 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. AGENDA ATTACHMENTS Resolution 2020/305 MINUTES ATTACHMENTS Signed Resolution No. 2020/305 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/17/2020 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2020/305 In The Matter Of: 2020-21 California Department of Education CalWORKS Stage 2 Childcare Revenue Contract Amendment 3: WHEREAS: the California Department of Education provides funding to reimburse a portion of the childcare care costs incurred by CalWORKS Stage 2 participants through their participation in the CalWORKS program, WHEREAS, Contra Costa County was notified on June 2, 2020 of the funding allocation, WHEREAS, this board resolution is to approve additional funds, number C2AP 0008-03, from the State for the CalWORKS Stage 2 program. Now, Therefore, Be It Resolved: The Contra Costa County Board of Supervisors approve and authorize the Employment and Human Services Director, or designee, to execute a contract amendment with the California Department of Education to increase payment limit in the amount of $377,489 to a new amount not to exceed $7,161,833 to provide California Work Opportunity and Responsibility to Kids (CalWORKS, Stage 2) childcare and development programs for the period July 1, 2020 through June 30, 2021. Contact: CSB (925) 681-6334 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Theodore Trinh, Nelly Ige, Angela Winn, Nasim Eghlima RECOMMENDATION(S): APPROVE amended Conflict of Interest Code for the Reclamation District 799 (Hotchkiss Tract) ("District"). FISCAL IMPACT: None. BACKGROUND: The District has amended its Conflict of Interest Code and submitted the revised code, attached as Exhibit A, to the Board for approval pursuant to Government Code sections 87306 and 87306.5. The revised code includes updates to the description of disclosure categories. These changes are shown on the attached "red-line" version. (See Exhibit B) CONSEQUENCE OF NEGATIVE ACTION: None. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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 A. Schwerin, Deputy County Counsel, (925) 655-2200 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: David Twa, Clerk of the Board of Supervisors, Cynthia A. Schwerin, Deputy County Counsel, Mike Alvarez, District Manager, Reclamation District 799 (Hotchkiss Tract) C. 55 To:Board of Supervisors From:Sharon L. Anderson, County Counsel Date:November 17, 2020 Contra Costa County Subject:Conflict of Interest Code of the Reclamation District 799 (Hotchkiss Tract) ATTACHMENTS Exhibit A - Conflict of Interest Code of the Reclamation District 799 (Hotchkiss Tract) Exhibit B - Conflict of Interest Code of the Reclamation District 799 (Hotchkiss Tract) - REDLINED RECOMMENDATION(S): APPROVE amendments to the List of Designated Positions of the Conflict of Interest Code of the Employment and Human Services Department ("EHSD"). FISCAL IMPACT: None. BACKGROUND: EHSD has amended the List of Designated Positions of its Conflict of Interest Code and submitted the revised List of Designated Positions, attached as Exhibit A, to the Board of Supervisors for approval pursuant to Government Code sections 87306 and 87306.5. The recommended change includes the addition 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 EHSD. A red-lined version of the List of Designated Positions is included as Exhibit B. CONSEQUENCE OF NEGATIVE ACTION: None. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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 A. Schwerin, Deputy County Counsel, (925) 655-2200 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: David Twa, Clerk of the Board of Supervisors, Cynthia A. Schwerin, Deputy County Counsel, Kathy Gallagher, Director, Employment & Human Services C. 56 To:Board of Supervisors From:Sharon L. Anderson, County Counsel Date:November 17, 2020 Contra Costa County Subject:Conflict of Interest Code Amendment for the Employment and Human Services Department ATTACHMENTS Exhibit A - Conflict of Interest Code for the Employment and Human Services Department Exhibit B - Conflict of Interest Code for the Employment and Human Services Department REDLINED 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 sections 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: 11/17/2020 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 A. Schwerin, Deputy County Counsel, (925) 655-2200 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: David Twa, Clerk of the Board of Supervisors, Cynthia A. Schwerin, Deputy County Counsel, Jeanne Krieg, Chief Executive Officer, Eastern Contra Costa Transit Authority C. 57 To:Board of Supervisors From:Sharon L. Anderson, County Counsel Date:November 17, 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): APPROVE and AUTHORIZE the Interim County Librarian, or designee, to close all branches of the County Library according to the holiday and training schedule outlined in the attached "2021 Library Closures" list. FISCAL IMPACT: None BACKGROUND: Every year in the Fall, the County Administrator's Office sends out a list to all department heads of the holidays that will be observed during the following calendar year. Using this information, an annual Library Closures list is created and submitted (attached) to the Board of Supervisors for approval. CONSEQUENCE OF NEGATIVE ACTION: The libraries will remain open and library employees will be unable to observe the holidays most other county employees do. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 58 To:Board of Supervisors From:Alison McKee, Interim County Librarian Date:November 17, 2020 Contra Costa County Subject:Library Closure List for 2021 ATTACHMENTS 2021 Library Closures 2021 County Holiday Schedule Closures for January 1, 2021 through December 31, 2021: Friday, January 1, 2021 New Year's Day All libraries closed (holiday) Monday, January 18, 2021 Dr. Martin Luther King Jr. Day All libraries closed (holiday) Monday, February 15, 2021 Presidents’ Day All libraries closed (holiday) Monday, May 31, 2021 Memorial Day All libraries closed (holiday) Monday, July 5, 2021 Independence Day All libraries closed (holiday observed) Monday, September 6, 2021 Labor Day All libraries closed (holiday) Thursday, November 11, 2021 Veterans Day All libraries closed (holiday) Wednesday, November 24, 2021 Thanksgiving Eve All libraries closed 6pm Thursday, November 25, 2021 Thanksgiving Day All libraries closed (holiday) Friday, December 24, 2021 Christmas Eve All libraries closed (holiday) Saturday, December 25, 2021 Christmas Day All libraries closed (holiday) Friday, December 31, 2021 New Year’s Eve All libraries closed (holiday observed) RECOMMENDATION(S): ACCEPT quarterly report of the Post Retirement Health Benefits Trust Agreement Advisory Body. FISCAL IMPACT: No specific fiscal impact. This is a quarterly report of the County's assets in the Public Agency Retirement Services (PARS) Public Agencies Post-Retirement Health Care Plan Trust. BACKGROUND: On December 14, 2010, the Board of Supervisors directed the formation of a Post Retirement Health Benefits Trust Agreement Advisory Body (consisting of the County Administrator, County Finance Director, Treasurer-Tax Collector, Auditor-Controller, and Health Services Finance Director). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Robert Campbell, Auditor-Controller, Russell Watts, Treasurer-Tax Collector, Patrick Godley, HSD Chief Financial Officer C. 59 To:Board of Supervisors From:David Twa, County Administrator Date:November 17, 2020 Contra Costa County Subject:Quarterly Report of the Post Retirement Health Benefits Trust Agreement Advisory Body BACKGROUND: (CONT'D) At its meeting of August 4, 2011, the body discussed and reviewed final report formats with HighMark Capital Management and made recommendations regarding a final standardized quarterly report. The attached report is in the standardized format. The following is the investment summary for the period ending September 30, 2020: Investment Summary Third Quarter 2020 Beginning Value $341,428,941.44 Net Contributions/Withdrawals -48,253.174 Fees Deducted -49,870.50 Income Received 1,572,585.04 Market Appreciation 13,528,742.73 Net Change in Accrued Income -7,493.79 Market Value $356,424,651.75 Additional Materials - A Post Retirement Health Benefits Trust Agreement Advisory Body web-page can be found at the following address: http://ca-contracostacounty.civicplus.com/index.aspx?NID=2915. The page describes the function of the body, posts quarterly meeting materials, and all pertinent trust and plan documents. ATTACHMENTS Quarterly Report (Q3, 2020) PARS: County of Contra Costa Third Quarter 2020 Presented by Andrew Brown, CFA This presentation has been prepared for the sole use of the intended recipient.While the information contained herein has been obtained from sources believed to be accurate and reliable,any other reproduction or use of this information may necessitate further disclosures in order to ensure that the presentation is accurate,balanced,and conforms to all applicable regulatory requirements. 3 Discussion Highlights U.S.Economic and Market Overview Our quarterly economic and market review touches on the health of the consumer,changes in the policy framework at the Federal Reserve,and potential post-election considerations. Consumer Outlook in a COVID world With the exception of the 2008 Global Financial Crisis (GFC),the seven-month old COVID-19 pandemic has caused unparalleled impact on consumers and businesses globally.While questions remain around the duration of the pandemic --as the world waits for vaccine developments,distribution and acceptance --it is clear that consumer and business behavior has structurally changed. To begin with,the pandemic has fast-tracked many trends that were already underway pre-crisis.This includes consumer adoption of e- commerce at the expense of traditional retail,an increased demand for enterprise and industrial automation,the growing consumption of digital entertainment,and a surge in the usage of food delivery.All of these trends reflect an acceleration of the digital transformation of business --a trend that is senior to the pandemic with both positive and negative implications for various domestic and global industries. Shared and Service Economies Unravel One pre-COVID trend that has clearly been stopped in its tracks is the movement towards a “shared economy”.Consumers who previously opted for shared services –an Uber ride or an Airbnb stay in a stranger’s home –rapidly shunned these services as the virus continued to spread.The “rent-not-own economy”in development since the GFC-era mortgage crisis has also shifted as consumers fled urban centers like San Francisco and New York City to buy homes in less dense areas.While this “flight to safety”has negatively impacted apartment rentals and commercial real estate,the Housing and Automotive industries have seen some of the swiftest post-recession recoveries.1 This has been in part due to the shift away from urban centers,but also by the historically low-interest rate environment enabling greater affordability to purchase a new home or vehicle. 1.Source:Morgan Stanley,Global Economics Factbook,“How Does GCR Recovery Compare with the GFC?”,September 22,2020 PARS: County of Contra Costa 4 Inarguably though,the sector of the economy most deeply impacted by the COVID crisis has been the service sector,given the challenges of either voluntary or mandated social distancing.This has most negatively impacted the retail,restaurant,travel and leisure industries,which combined historically has made up 18%of U.S.GDP and 27%of the U.S.job market.2 If the unraveling of the shared and service economies persists,it will continue to weigh on the recovery of a significant part of the economy and increase the risk of a potentially higher level of permanent U.S.unemployment. Consumers saving for a rainy day As evident in comparison to the GFC,each recession carries its own set of impacts and outcomes.The COVID-19 recession has certainly been unique,particularly with the ongoing uncertainty of combatting the virus,the ramifications of the U.S.elections,and the potential challenges confronting the economy in 2021.One of those challenges is the level of consumer spending,Accounting for nearly 70%of U.S.GDP3,spending will be a major factor in determining how effectively and quickly the economy heals.The good news is that various fundamentals of the consumer backdrop provide some glimmers of hope that the U.S.consumer could be more resilient than expected. One critical difference today versus the GFC is the impressive boost of consumer liquidity triggered in March by the historic Coronavirus Aid, Relief,and Economic Security (CARES)Act.Coupled with an intentional lack of spending during the early months of the crisis,this created an exceptional surplus of unspent consumer capital.Since the stimulus hit consumer wallets,the U.S.Bureau of Economic Analysis data indicates consumers have built up excess savings of over $12 trillion. The Fed’s New Era The long-awaited changes to the Federal Reserve’s (Fed)policy-making framework were unveiled in late August at the Fed’s annual central banking economic symposium.The underlying changes have a significant effect on the rate-setting activity of the Federal Open Market Committee (FOMC),which has guided monetary policy decisions for the last few decades.We believe this new framework has significant implications for monetary policy,the economy,and financial markets going forward. For more than three decades,the Fed has conducted a symmetric monetary policy that attempts to balance their estimate of full employment versus a reasonable,yet low,inflation rate.This trade-off is embodied in the Phillips curve,an economic concept stating that inflation and unemployment have a stable and inverse relationship.The concept claims that economic growth results in job growth and lower unemployment, yet also sparks an increase in inflation. 2.Source:U.S.Bureau of Labor Statistics 3.Source:U.S.Bureau of Economic Analysis.Consumer spending as a %of GDP was 67 percent at the end of Q1 and Q2 2020 and 68 percent for Q4 2019. PARS: County of Contra Costa 5 As economic growth improves and the unemployment rate approaches the Fed’s estimate of maximum employment,known by the acronym NAIRU4,it would typically tighten monetary policy through increasing the federal funds target rate and the discount rate to prevent the economy from overheating and future inflation from rising above their long-term core inflation target. Recently however,factors such as technological innovation,productivity enhancement,and globalization might have changed the slope of the Phillips curve and caused disinflation,if not outright deflation,in some products and industries.As a result,some market pundits question the Fed’s monetary policy-tightening actions over the past two decades,which typically focused on preempting an unwelcome rise in inflation as economic growth increased and unemployment approached NAIRU4.The implications of this new framework are vast.In general,the new approach should allow for a more accommodative monetary policy for the foreseeable future which,in turn,is a positive tailwind for economic growth and broad-based labor market outcomes.Essentially,the Fed will let the economy run hotter than prior policy would recommend and won’t pre-emptively tighten policy,thereby lengthening the economic cycle.Further,continuing a lower-rate stance should benefit risk assets near term,as lower rates further fuel the hunt for investment returns that offer a higher investment return than what the current yield curve represents.In the long term,however,this new and untested policy framework could lead to monetary policy mistakes associated with too much policy accommodation for too long. Given that the impact of monetary policy has a delayed effect on the economy,one result could be an upside surprise in the rate of inflation over the longer term,leading to higher intermediate and longer maturity interest rates,as well as a steeper U.S.Treasury yield curve.Further,the Fed’s new “run hotter for longer”policy framework could also perpetuate asset bubbles over the longer term and,should additional economic shocks occur prior to the removal of monetary policy accommodation,the Fed could well be left with a limited toolkit to fight future downturns. Just Around the Corner—November 3 As the nation moves towards an election day marked by a lengthy campaign season several topics surface: •A contested election:Our biggest concern is not the outcome,but rather a contested election that takes weeks or longer to resolve.This would be damaging,elevate market risk,and create legislative acrimony not unlike the 2000 election that saw the S&P 500 Index slide nearly 10%before the Supreme Court intervened some five weeks after the polls closed. 4.Non-Accelerating Inflation Rate of Unemployment PARS: County of Contra Costa 6 •Reshoring capital back to the U.S.No matter who is elected,there will be a significant focus on domestic policy and re-shoring capital investment back to this country.We expect to see both potential presidential and congressional administrations push forward this approach. •A presidential change in November may seem like a shakeup.Markets have been blasé about the upcoming presidential elections and the Trump versus Biden polling data.Investors should be keying into a potential party flip in the Senate that could change the market outlook.With a Biden presidency and a Senate flip to blue,tail risk from aggressive policy moves that might shift the path of the economic expansion could increase. •Biden wins and the Republicans hold the Senate.This result could be bullish for markets,with both parties keeping each other in check and operating on compromise.Markets like bipartisan gridlock and it might soothe market anxiety over a new transition to power.We can also expect less angst and acrimony which could ripple through into the markets. PARS: County of Contra Costa Economic and Market Forecasts -August 2020 PARS: County of Contra Costa 7 2020 2020 2021 Previous Assumptions Current Assumptions Assumptions GDP 1.9% -2.5%(-5.5%) -(-4.0%)3.3% -4.8% S&P500 earnings $172 –$178 $115 –$125 $140 –$150 Unemployment 3.70%7.5% -8.3%5.3% -6.8% Core PCE Inflation 1.7% -2.0%1.5% -1.8%1.6% -1.9% Fed Funds Target 1.25% -1.75%0.0% -0.25%0.0% -0.25% Economic and Market Forecasts -August Market Overview/Performance Discussion Total Plan The County of Contra Costa OPEB Plan returned 4.41%net of investment fees in the third quarter,which exceeded the County’s Plan benchmark target of 4.18%.The Plan’s equity segment continued the strong momentum from the previous quarter,gaining 7.38%.Most of the equity segments were fairly ‘in-line”with the underlying benchmark targets in the quarter.The Plan’s large cap equity segment returned 9.2% compared to the Russell 1000 Index return of 9.5%.Once again,large cap was led by our growth managers who posted strong returns.The Harbor Capital Appreciation Fund returned 15.9%,and the T.Rowe Price Growth Fund gained 12.2%.In contrast,our manager in the large cap value segment,Dodge and Cox Stock Fund gained 4.3%.Small cap equity returns were slightly above the benchmark (5.1%vs.the Russell 2000 Index 4.9%).As was the case in the large cap segment,returns were supported by our ‘growth’manager the Victory RS Small Cap Growth Fund,which gained 9.5%in the quarter.Mid cap equity (+7.3%)and REIT equity (+1.3%)rounded out our domestic equity returns for the quarter. REIT equity continues to face pressure from the COVID virus with segments such as hotels,office,retail,regional malls,healthcare,and apartments all facing pressure on rents and earnings. Investment returns within the global/international equity segment was largely supported by our emerging market manager,Hartford Schroders Emerging Market Fund (+11.3%),which was a large contributor to the Plan’s 7.1%global/international equity return for the quarter.Within the global equity segment,the American Funds New Perspective Fund (+12.7%)posted a very strong quarter.Technology exposure has helped support returns.The Fund’s largest holding at quarter end was Tesla [6.5%allocation on 9/30,quarterly return of (+98.6%)]. While the absolute returns of the second quarter were not matched in this quarter,all three of our fixed income investments outperformed the Bloomberg Barclays Aggregate Bond Index return.Our fixed income segment gained 1.02%in the third quarter,ahead of the benchmark target of 0.62%.Finally,the cumulative performance of the managers in the alternative segment slightly trailed the benchmark of the Wilshire Alternative Index (1.96%vs.benchmark 2.32%). Domestic Equity Domestic equity returns in the third quarter were driven by a rebounding economy,highlighted by a recovery in employment.The labor markets have seen the unemployment rate decline from approximately a 15%level in April,to 7.9%in September.Support for stocks was provided by an encouraging earnings season,where many companies posted results that exceeded expectations.Of course,those expectations were clouded by a majority of companies withdrawing earning guidance in the wake of the pandemic.Consumption remained strong with U.S.adjusted retail sales accelerating up 5.4%year-over-year in September.A relatively higher savings rate from deferred spending in the spring and continued job gains aided retail sales.As well,fiscal stimulus continued to provide well-needed support for consumers.Manufacturing and Services production data indicated ongoing expansion as many areas of the economy opened during the summer months.Even though inflation rebounded,prices remained historically low and kept bond yields depressed.Low yields translated to rock-bottom borrowing rates which drove gains in areas such as housing. 8 PARS: County of Contra Costa 9 For the seventh quarter in a row,large cap growth (Russell 1000 Growth)outpaced large cap value (Russell 1000 Value)with the outperformance at roughly 700 basis points.Both the mid cap and small cap sub-asset classes also saw growth outperform.In a continuation of the second quarter,companies growing their digital footprint and/or exposed to housing,saw gains.Notably,the consumer discretionary sector was the top performer up 15%.Homebuilders as well as retailers that maintain a strong digital footprint saw outsized gains.Materials was the second top performer up over 13%as this oversold sector gained from an expectation of further economic acceleration.Industrials was the third best performer led by transportation-related companies,driven by higher economic activity and increased demand for home deliveries in the current stay-at-home economy.Energy was the weakest sector falling nearly 20%as oil and natural gas demand remained paltry amid ample supply. After strong gains in the first two months of the quarter,the market declined in September (the first monthly decline since March in the Russell 1000)as investors faced an uncertain timeline for additional government support,a surge in Covid-19 cases,and the uncertainty surrounding the election season.A second fiscal stimulus package ahead of the election looks to not be in the cards,and will most likely occur after November 4th.Both Congress and the President both agree that additional government support is necessary,and additional stimulus is only a matter of when,not if.Covid-19 cases are rising sharply,but the rate of deaths remain far below the initial surge in the spring as better treatment regimens are improving outcomes.Both antibody treatments and vaccines are proving effective in clinical trials so far,and approved medicines are highly possible in early 2021. .The Plan’s large cap equity segment returned 9.16%in the quarter,which trailed the Russell 1000 Index return of 9.47%. •The iShares Russell 1000 ETF 9.43%in the quarter. •The Columbia Contrarian Core Fund returned 8.72%in the quarter,which lagged the benchmark.The Fund ranked in the 46th percentile of the Morningstar U.S.Large Cap Blend Universe. •The Harbor Capital Appreciation Fund returned 15.86%in the quarter,which exceeded the Russell 1000 Growth Index’s return of 13.22%.The Fund ranked in the 10th percentile of the Morningstar U.S.Large Growth Universe. •The T.Rowe Price Growth Stock Fund returned 12.19%in the quarter,which trailed the Russell 1000 Growth Index.The Fund ranked in the 34th percentile of the Morningstar U.S.Large Growth Index •The Dodge and Cox Stock Fund gained 4.28%in the quarter and trailed the Russell 1000 Value Index’s return of 5.59%.The Fund ranked in the 63rd percentile of the Morningstar U.S.Large Value Universe. •The Vanguard Growth and Income Fund registered a 8.56%return in the quarter,which trailed the Russell 1000 Index.The Fund ranked in the 49th percentile of the Morningstar U.S.Large Blend Universe. •The iShares S&P500 Value ETF returned 4.76%,which underperformed the Russell 1000 Value Index. PARS: County of Contra Costa Domestic Equity (Continued) •The mid cap equity segment returned 7.25%in the quarter,which slightly lagged the Russell Mid Cap Index return of 7.46%. •The iShares Russell Mid Cap ETF returned 7.41%in the quarter. •The small cap equity segment returned 5.12%in the quarter,which outperformed the Russell 2000 Index return of 4.93%. •The Victory RS Small Cap Growth Fund returned 9.51%in the quarter,which outperformed the Russell 2000 Growth Index return of 7.16%.The fund ranked in the 36th percentile of the Morningstar U.S.Small Growth Universe. •The Undiscovered Managers Behavioral Value Fund returned 0.91%in the quarter and underperformed the Russell 2000 Value Index’s return of 2.56%.The Fund ranked in the 75th percentile of Morningstar’s U.S.Small Value Universe. •The iShares Russell 2000 Index ETF returned 4.91%in the quarter. Real Estate Equity REIT equity generated positive returns in the third quarter,but significantly underperformed broader domestic equity market categories such as large cap and small cap equities.The Wilshire REIT Index gained 1.25%but continued to be hindered by the near-term impacts of COVID-19 on the economy.Revenue,and or rent payments continue to be under pressure in hotels,retail shopping centers,regional malls,apartments, senior housing,and office segments.Tenants are struggling to pay rent,and in some cases this is leading to increasing vacancies.While 2021 could see a recovery in the economy,and with that a corresponding increase in tenant’s ability to pay rent,the current REIT environment argues to be cautious with respect to our Plan asset allocation.Sector performance was broadly mixed in the quarter with self storage up 16.9%, industrial gaining 7.1%,and data centers returning 5.8%.On the other hand,the well documented struggles continue for shopping centers (-12.9%),office (-9.8%),regional malls (-5.6%),and apartment/residential (-3.4%). •The Plan’s REIT equity returned 1.33 in the quarter,which was in-line with the Wilshire REIT Index return of 1.25% International/Global Equity Equities outside of the U.S.also continued their recovery in the third quarter.The MSCI-EAFE Index returned a respectable 4.8%,while the MSCI Emerging Market Index rose 9.6%and posted the highest asset class return for the quarter within the Plan.Investment returns were supported by both a modest recovery in earnings and economic activity,combined with the underlying belief that central banks stood ready to support markets if the effects of the pandemic continue.The European Union agreed to a significant 750 billion Euro recovery fund,which aided sentiment in the region.Moreover,Germany,Italy,France,and the UK also committed to additional stimulus support for their countries.In the case of the latter,it can be argued that the UK needs support in that the MSCI-UK Index is down over -23%year to date,with 2Q GDP down -20%QOQ. 10 PARS: County of Contra Costa The combination of the overhang of Brexit and the coronavirus,has the Bank of England potentially considering the use of additional quantitative easing,and possibly negative policy rates.Other European nations saw encouraging signs of growth in July and August,but business activity slowed in September as reported coronavirus cases spiked,leading to declining demand as social distancing measures were re-established. These measures are especially impactful on the travel and tourism industries that by some estimates account for 10%of EU economic output and roughly 12%of its workforce.5 Emerging markets saw encouraging levels of growth in the quarter.In the early stages of the pandemic,emerging market equities were more negatively impacted relative to developed markets.Covid-19 case counts in both developed and emerging markets have correlated tightly with economic data and market returns.This dynamic though has led to a tale of two recoveries.In Latin America,where case counts are still rather high,Mexico and Brazil have struggled.However within Asia,two top emerging market economies China and Taiwan have posted PMI readings north of 50 in September,which reflect economic expansion.South Korea also registered a PMI of 49.8 in September.Year to date through September,Emerging Asia has returned +8%,while Emerging Latin America has declined -36.1%and Emerging Europe is down -28.5%. Similar to the U.S.,growth indices outperformed value indices in developed international markets,continuing the trend since the beginning of the year.The MSCI-EAFE Growth Index gained +8.4%in the quarter,and the MSCI-EAFE Value Index was up +1.1%.The fundamentals driving this divergence internationally are the same forces impacting our domestic markets. The top developed market performers for the quarter included Finland (+11.9%),Germany (+8.3%),Sweden (+14.6%),and Japan (+6.9%)while the weakest markets were Spain (-3.8%),United Kingdom (-0.2%)and Austria (-4.8%).For emerging markets,top performers were Taiwan (+16.5%),India (+15%),and China (+12.5%),while Thailand (-14%),Chile (-4.2%)and Russia (-4.7%)lagged. •The Plan’s international/global equity segment returned 7.10%in the quarter.This return outperformed the MSCI EAFE Index return of 4.8%but trailed the MSCI ACWI Index return of 8.13%. •The iShares Core MSCI EAFE Index ETF returned 5.52%in the quarter. •The Dodge &Cox International Stock Fund returned 0.39%in the quarter and underperformed the MSCI EAFE Index.The Fund ranked in the 91st percentile of the Foreign Large Value Universe as measured by Morningstar. •The MFS International Growth Fund returned 9.03%in the quarter which outperformed the MSCI EAFE Index.The Fund ranked in the 50th percentile for foreign large growth managers as measured by Morningstar. •The iShares MSCI ACWI Index ETF returned 8.14%in the quarter. 5.Source.MFS International Growth Quarterly update 9/30/2020 11 PARS: County of Contra Costa International/Global Equity (Continued) •The American Funds New Perspective Fund recorded a 12.66%return in the quarter,which exceeded the MSCI ACWI Index and ranked in the 12th percentile within the Morningstar World Large Stock Universe •The MFS Global Equity R6 Fund gained 8.4%,which exceeded the benchmark and ranked in the 39th percentile of the Morningstar World Large Stock Universe. •The Hartford Schroders Emerging Market Equity Fund returned 11.25%during the quarter and exceeded the MSCI Emerging Market benchmark return of 9.56%.The Fund ranked in the 21st percentile of the Morningstar Diversified Emerging Market Universe. Fixed Income Risk assets rallied in the 3rd quarter,as the economy re-opened slowly after the Covid pandemic shutdowns.On the monetary front,the Federal Reserve announced at the September meeting its decision to not raise interest rates until inflation had surpassed its long-held 2%target “for some time.”The Fed is set to keep rates low until at least 2023,looking for an overshoot of inflation as well as maximum employment.Despite ballooning its balance sheet to nearly $7 trillion from the $4 trillion pre-pandemic level,the Fed stands at the ready to further backstop financial markets if needed.The Bloomberg Barclays Aggregate Bond Index returned 0.6%for the quarter,primarily due to the rally in credit,while interest rates were unchanged from the prior quarter and remain near historic lows.For the year-to-date period,the Aggregate Index has gained 6.8%,underperforming comparable Treasuries by 116 basis points.With the Federal Reserve signaling a “lower for longer”message,front-end rates are essentially locked down in a range of 10-30 basis points,while the 10-year US Treasury yield of 0.68%at the end of the quarter, reflects a highly pessimistic view of the economy in the decade to come. Despite continued uncertainty on a macro and fundamental level,Investment-Grade corporate bonds posted a solid quarter following the strongest quarter since 2009 in the 2nd quarter.High quality corporate bonds generated a return of 1.5%,outperforming similar duration Treasuries by +142 basis points.Bond spreads tightened from +149 basis points on 6/30/2020 to +136 bps at quarter-end,with the Investment Grade Index yield shrinking to 2.01%.For context,after widening to +401 basis points in late March,equating to 2 standard deviations above average,bond spreads rallied aggressively to current levels at quarter-end –but still remain over 40 basis points above beginning of the year levels.Market tone remains constructive as the Federal Reserve’s Primary and Secondary Market Corporate Credit Facilities have served to bolster investor confidence and essentially provide a backstop for fixed income investors.Furthermore,liquidity remains ample as corporations issue bonds at a record pace.For the year-to-date period,Investment Grade corporates have gained 6.6%but are lagging comparable US Treasuries by -394 basis points. 12 PARS: County of Contra Costa Fixed Income (Cont.) High yield bonds continued to rally from the March 23rd wide spread of +1,100 basis points above Treasuries,to close the quarter at +521 over treasuries,slightly below its long-term moving average.Concerns of an impending wave of bankruptcies have abated,while investors reach for yield in riskier names.The recovery in high yield has been fueled by company access to cheap funding,as third quarter issuance was the 2nd highest on record.The sector returned 4.6%for the quarter,outperforming Treasuries by +439 basis points.For the year-to-date period,high yield bonds are marginally positive at a 0.6%return,while lagging Treasuries by -450 basis points. The portfolio continues to overweight corporate credit and securitized debt,while underweight US Treasuries relative to the Bloomberg Barclays US Aggregate Index.This worked well during the third quarter as risk assets rallied.We are positioned more heavily in the intermediate part of the curve relative to the long end,as long rates have room to steepen on the expectation of a gradual economic recovery in the coming periods. Duration remains modestly below Index duration,while the Federal Reserve has indicated interest rates are on hold until at least 2023.The internally managed fixed income portfolio returned 0.74%in the quarter,slightly exceeding the benchmark return. •The Plan’s fixed income segment returned 1.02%in the quarter,which exceeded the Bloomberg Barclays Aggregate Index return of 0.62%. •The separately managed fixed income portfolio returned 0.74%which beat the benchmark.The portfolio would have ranked approximately in the 65th percentile of the Morningstar U.S.Intermediate Term Core-Plus Bond Universe. •The PIMCO Total Return Bond Fund posted a 1.49%return in the quarter,which ranked in the 56th percentile of Morningstar’s U.S.Intermediate-Term Core-Plus Bond Universe.The Fund outperformed the Index. •The Prudential Total Return Bond Fund returned 1.78%in the quarter.This ranked in the 33rd percentile of Morningstar’s U.S. Intermediate-Term Core-Plus Bond Universe and outperformed the benchmark. 13 PARS: County of Contra Costa Alternative Investments The Alternatives portion of the Plan returned 1.96%and underperformed the Wilshire Liquid Alternative Index return of 2.32%.All three of the Plan’s managers posted positive returns,and outperformed both cash returns and intermediate-term fixed income in the quarter.The Eaton Vance Global Macro Fund returned 1.07%.Investment returns were led by sovereign credit and interest rate investments.New Zealand rate investments,a long Egyptian bond,and a long position in a Thai inflation linked bond were the top three contributors to performance.Long positions in Icelandic debt and Ukrainian fixed income were modest detractors in the quarter.At quarter-end,the fund was positioned net long to the U.S.dollar and the Euro.Short currency positions in the Middle East region included the Saudi Arabian Riyal,Omani Rial,and the United Arab Emirates Dirham.Duration on global bond positions was 2.26 years,and U.S.duration was 0.26 years at quarter end. The Blackrock Strategic Income Fund was the leading performing fund in the alternative space in the third quarter,gaining 2.8%.The majority of the gains came in the month of July as spreads tightened in response to signs of a global economic recovery.Similar to the Eaton Vance Fund, gains were led by rate investments in Europe.The fund increased exposure to U.S.high yield credit and European credit in the quarter.The Fund ended the quarter with a duration of 3.4 years,which is about .5 years longer than where it stood at the beginning of the quarter. The Blackrock Event Driven Fund returned 2.05%.Hard catalyst and soft catalyst events were roughly equal in terms of performance contribution in the quarter.The largest individual hard catalyst contributor was the Thermo Fischer/Qiagen merger.Thermo Fischer increased its offer price for Qiagen in July,leading to the stock moving higher in August.Qiagen shareholders rejected the higher offer,feeling the offer was insufficient given the continued strength of Qiagen products.The deal fell apart,but the Fund was positioned to profit from the failed acquisition.The fund is currently positioned with 71%hard catalyst opportunities,22%soft catalyst opportunities,and 7%credit investments.The fund’s three largest hard catalyst positions are Siemens Healthineers /Varian Medical (5.1%Long Market Value),Charles Schwab /TD Ameritrade (4.3%)and Morgan Stanley /E-Trade Financial (3.5%) •The alternative investment segment returned 1.96%in the quarter,which trailed the Wilshire Liquid Alternatives Index return of 2.32%. •The BlackRock Strategic Income Opportunity Fund returned 2.8%,which exceeded the benchmark,and ranked in the 33rd percentile of Morningstar’s Non-Traditional Bond Universe. •The Eaton Vance Global Macro Absolute Return Fund gained 1.07%which ranked in the 80th percentile of Morningstar’s Non- Traditional Universe.The Fund lagged the benchmark. •The BlackRock Event Driven Equity Fund returned 2.05%in the quarter and ranked in the 36th percentile of the Morningstar U.S.Fund Market Neutral Universe,which underperformed the benchmark 14 PARS: County of Contra Costa Asset allocation/Manager Changes We ended the quarter with a target asset allocation of 56%stocks,40.5%bonds,3%alternatives,and 0.5%cash.We have gradually increased our equity allocation target within the asset allocation range over the course of the summer months.The path of the virus,the election process, and the potential aftermath of what ensues on November 4 are risks that we face.However,with both fiscal and monetary policies in place, encouraging economic fundamentals,and the hopeful development of therapies and vaccines,we are encouraged that 2021 can bring a combination of moderate growth and a resumption of a lifestyle that we enjoyed before 2020 began. •In the quarter,we exchanged share classes for the international equity index fund that we invest in.We sold (EFA) iShares MSCI EAFE Index and we purchased (IEFA)iShares Core MSCI EAFE Index.A lower expense ratio was the reason behind the switch. 15 PARS: County of Contra Costa Manager Watch List Name of Fund Date on watch list Date exiting watch list Recommendation Rationale Dodge & Cox International 3Q 2018 Retain on watch The Fund’s 0.39%return did not support removal from the watch list.Peer universe rankings still merit watch list status due to ‘back to back’ disappointing 2017 and 2018 performance periods Highmark Capital Fixed Income team 4Q2020 Enter watch list Within the Plan,there is an allocation in fixed income that is internally managed by Highmark Capital.In the second quarter of 2020,the lead manager of this team,Jack Montgomery retired. He was replaced in the third quarter by Greg Haendel.By policy,a significant change at the portfolio manager level will lead to a manager being on the watch list. Undiscovered Managers Behavioral Value Fund 4Q2020 Enter watch list Year to date the managers have returned -27.6%, which is below the Russell 2000 Value Index return of -21.5%.Due to the performance in 2020,the managers have fallen below the Morningstar peer universe median of managers in the small cap value universe for both the 3-year and the 5-year time periods. 16 PARS: County of Contra Costa 17 PARS: County of Contra Costa 6/30/2020 6/30/2020 9/30/2020 9/30/2020 Target Asset Allocation Market Value % of Total Market Value % of Total Allocation Large Cap Equities Columbia Contrarian Core Inst3 11,792,992 3.5%12,565,242 3.5%-- iShares Russell 1000 ETF 29,911,463 8.8%32,343,450 9.1%-- Vanguard Growth & Income Adm 10,394,649 3.1%10,782,248 3.0%-- Dodge & Cox Stock 5,047,540 1.5%5,346,421 1.5%-- iShares S&P 500 Value ETF 4,871,073 1.4%5,316,299 1.5%-- Harbor Capital Appreciation Retirement 5,340,944 1.6%5,427,012 1.5%-- T. Rowe Price Growth Stock I 5,155,324 1.5%5,420,229 1.5%-- Total Large Cap Equities 72,513,984$ 21.3%77,200,900$ 21.7%19.0% Range Range 13-32% Mid Cap Equities iShares Russell Mid-Cap ETF 16,765,544 4.9%21,542,632 6.1%-- Total Mid Cap Equities 16,765,544$ 4.9%21,542,632$ 6.1%6.0% Range Range 2-10% Small Cap Equities iShares Russell 2000 ETF 11,967,128 3.5%12,519,598 3.5%-- Undiscovered Managers Behavioral Val R6 6,860,597 2.0%8,139,634 2.3%-- Victory RS Small Cap Growth R6 6,878,728 2.0%8,096,263 2.3%-- Total Small Cap Equities 25,706,453$ 7.5%28,755,495$ 8.1%9.0% Range Range 4-12% International Equities DFA Large Cap International I 6,920,470 2.0%7,282,432 2.0%-- iShares MSCI EAFE ETF 13,392,678 3.9%------ iShares Core MSCI EAFE ETF ----14,179,966 4.0% Dodge & Cox International Stock 5,231,523 1.5%5,252,119 1.5%-- MFS International Growth R6 5,229,688 1.5%5,354,802 1.5%-- Hartford Schroders Emerging Mkts Eq F 3,420,967 1.0%7,183,505 2.0%-- Total International Equities 34,195,327 10.0%39,252,825$ 11.0%10.0% Range Range 4-20% Global Equities iShares MSCI ACWI ETF 13,470,192 4.0%14,233,752 4.0%-- American Funds New Perspective R6 5,162,261 1.5%5,397,122 1.5%-- MFS Global Equity R6 4,976,799 1.5%5,394,962 1.5%-- Total Global Equities 23,609,252$ 6.9%25,025,835$ 7.0%8.0% Range Range 4-12% Asset Allocation Period Ending September 30, 2020 18 PARS: County of Contra Costa 6/30/2020 6/30/2020 9/30/2020 9/30/2020 Target Asset Allocation Market Value % of Total Market Value % of Total Allocation Real Estate Vanguard Real Estate ETF 8,309,338 2.4%8,828,597 2.5%-- 8,309,338$ 2.4%8,828,597$ 2.5%4.0% Range Range 0-8% Fixed Income Core Fixed Income Holdings 93,867,483 27.5%99,189,534 27.9%-- PIMCO Total Return Instl 21,927,316 6.4%22,055,788 6.2%-- PGIM Total Return Bond R6 21,996,366 6.5%22,075,935 6.2%-- Total Fixed Income 137,791,166$ 40.4%143,321,257$ 40.3%43.0% Range Range 30-50% Alternatives BlackRock Event Driven Equity Instl 3,365,580 1.0%3,434,665 1.0%-- BlackRock Strategic Income Opps K 3,382,902 1.0%3,477,660 1.0%-- Eaton Vance Glb Macr Absolt Retrn R6 3,297,424 1.0%3,421,986 1.0%-- Total Alternatives 10,045,905$ 2.9%10,334,311$ 2.9%0.0% Range Range 0-10% Cash Money Market 11,861,072 3.5%1,545,359 0.4%-- Total Cash 11,861,072$ 3.5%1,545,359$ 0.4%1.0% Range Range 0-5% TOTAL 340,798,041$ 100.0%355,807,211$ 100.0%100.0% Asset Allocation Period Ending September 30, 2020 *Ending Market Value differs from total market value on the previous page due to differences in reporting methodology. The above ending market value is reported as of trade date and includes accruals. The Asset Allocation total market value is reported as of settlement date. 19 PARS: County of Contra Costa Investment Summary Third Quarter 2020 Year to Date 2020 Beginning Value 341,428,941.44 331,392,093.14$ Net Contributions/Withdrawals -48,253.17 15,892,377.41 Fees Deducted -49,870.50 -149,392.00 Income Received 1,572,585.04 4,870,556.17 Market Appreciation 13,528,742.73 4,501,371.88 Net Change in Accrued Income -7,493.79 -82,354.85 Ending Market Value*356,424,651.75$ 356,424,651.75$ Investment Summary Third Quarter 2019 Year to Date 2019 Beginning Value 308,513,961.45 260,226,787.74$ Net Contributions/Withdrawals -48,355.64 15,910,069.09 Fees Deducted -49,253.52 -146,746.53 Income Received 1,547,089.24 5,006,762.73 Market Appreciation 1,666,191.60 30,500,068.75 Net Change in Accrued Income -169,028.21 -36,336.86 Ending Market Value 311,460,604.92$ 311,460,604.92$ Investment Summary Period Ending September 30, 2020 Investment Strategy As of September 30, 2020 Tactical Asset Allocation Asset Class % Portfolio Weighting Rationale Target Current Portfolio Over/Under Weighting Cash 1.0%0.5%-0.5%•Money market yields are at 0.01%.We have significantly reduced the amount allocated to cash. Fixed Income 43.0%40.5%-2.5%▪Bond yields are at historical low levels,and unless the Federal Reserve tries to migrate to a negative yield environment,fixed income will likely offer modest total return. Alternatives 0.0%3.0%+3.0%▪Alternatives offer a reasonable diversification benefit with respect to the 95%of the portfolio which is invested in fixed income and equities. Real Estate (REITS)4.0%2.5%-1.5%▪We maintain our underweight position to REITs as the sector will face pressure in a coronavirus environment that will likely impact hotels, office,retail,regional malls,healthcare,and apartments.Valuations are relatively inexpensive,but the risks are numerous if the shut down in the economy continues over a prolonged period of time. Global Equity 8.0%7.0%-1.0%▪The path of global growth will reflect the impact of the Coronavirus and global government’s willingness to open up their economies/markets.From a regional perspective,Southeast Asia,Latin America,and Europe have seen spikes in confirmed cases,which could cause a near-term slowdown in growth. International (Developed)10.0%9.0%-1.0%▪International equities will trade on similar fundamentals that impact domestic markets:central bank stimulus,the path of the coronavirus, and the ability of various global economies to recover in 2021.Valuations are difficult to discern in that earnings are dependent upon a resumption of demand.The European Union’s agreement in July on a 750 billion Euro joint stimulus plan provides encouragement that Europe stands ready to support its various economies. International (Emerging)0.0%2.0%+2.0%▪Emerging market stocks continue to be supported by stimulus measures,especially in China.Global virus cases and the uncertainty regarding U.S.–China relations will be the keys to monitor.Growth reform agendas which emphasize domestic demand in Brazil, Indonesia,and India could support growth.Earnings estimates for emerging markets are showing close to 30%growth in 2021. Total Domestic Equity 34.0%35.5%+1.5% Large Cap 19.0%21.5%+2.5%▪It is difficult to handicap earnings for 2021.Thus,to make a valuation argument for being overweight a specific area of the market requires earnings to be discounted past 2021.We have positioned the portfolio to be overweight large cap stocks with the belief that larger capitalized companies have stronger balance sheets and are better positioned strategically to cope with the pandemic. Mid Cap 6.0%6.0%-▪We moved to a neutral allocation to mid-cap equities.Once again,valuations look stretched when forecasting profits to 2021,but domestically there is no market that looks particularly cheap based on 2021 earning estimates. Small Cap 9.0%8.0%-1.0%•We maintain small cap equities at an underweight.Small cap equities maintain higher leverage ratios versus large cap equities.In a scenario where the economy is in a prolonged downturn,many small cap stocks might be forced into bankruptcy. 20 PARS: County of Contra Costa Inception Date:02/01/2011 *Benchmark from February 1,2011 to June 30,2013:18%Russell 1000 Index,6%Russell Midcap Index,8%Russell 2000 Index,8%MSCI ACWI Index,10%MSCI EAFE Index,45%Barclays Aggregate Index,4%DJ Wilshire REIT Index,1%Citigroup 3 Month T Bill Index.From July 1,2013 to June 30,2015:17%Russell 1000 Index,6%Russell Midcap Index,8%Russell 2000 Index,7%MSCI AC World US Index,9%MSCI EAFE Index,38%Barclays Aggregate Index,4%DJ Wilshire REIT Index,10%HFRI FOF Market Defensive Index,1%Citigroup 3 Month T-Bill Index.From July 1,2015 to September 30,2019:17%Russell 1000 Index,6%Russell Midcap Index,8%Russell 2000 Index,7%MSCI AC World Index,9%MSCI EAFE Index,38%Barclays Aggregate Index,4%DJ Wilshire REIT Index,10%Wilshire Liquid Alternative Index,1%Citigroup 3 Month T-Bill Index From October 1,2019:43%BBG Barclays US Aggregate Bd Index,1%FTSE 3 Month T-Bill Index,8%MSCI AC World Index,10%MSCI EAFE Index,19%Russell 1000 Index,9%Russell 2000 Index,6%Russell Midcap Index,4%Wilshire REIT Index.**Dynamic Alternatives Index represents the HFRI FOF Market Defensive Index from 07/01/2013 until 06/30/2015,and then the Wilshire Liquid Alternatives Index from 07/01/2015 forwards.Returns are gross-of-fees unless otherwise noted.Returns for periods over one year are annualized.The information presented has been obtained from sources believed to be accurate and reliable.Past performance is not indicative of future returns.Securities are not FDIC insured,have no bank guarantee,and may lose value. 21 PARS: County of Contra Costa 3 Months Year to Date (9 Months) 1 Year 3 Years 5 Years Inception to Date 02/01/2011 Cash Equivalents .01 .34 .74 1.46 1.03 .54 Lipper Money Market Funds Index .01 .40 .78 1.41 .96 .49 Fixed Income ex Funds .74 6.48 7.04 5.31 4.41 4.18 Total Fixed Income 1.02 6.59 6.99 5.39 4.57 4.28 BBG Barclays US Aggregate Bd Index .62 6.79 6.98 5.24 4.18 3.89 Total Equities 7.38 -.93 7.25 6.54 10.05 8.74 Large Cap Funds 9.16 6.21 16.18 11.60 13.66 11.92 Russell 1000 Index 9.47 6.40 16.01 12.38 14.09 12.74 Mid Cap Funds 7.25 -2.79 4.03 6.91 9.79 9.17 Russell Midcap Index 7.46 -2.35 4.55 7.13 10.13 10.53 Small Cap Funds 5.12 -8.61 .62 2.73 8.53 9.61 Russell 2000 Index 4.93 -8.69 .39 1.77 8.00 8.53 International Equities 7.10 -2.24 6.42 3.92 8.07 5.28 MSCI AC World Index 8.13 1.37 10.44 7.12 10.30 7.74 MSCI EAFE Index 4.80 -7.09 .49 .62 5.26 3.84 MSCI EM Free Index 9.56 -1.16 10.54 2.42 8.97 2.13 REIT Funds 1.33 -13.11 -12.62 2.14 5.11 7.28 Wilshire REIT Index 1.25 -16.74 -17.69 .45 3.65 7.05 Alternatives 1.96 -.32 2.56 .75 .29 Dynamic Alternatives Index 2.32 -1.14 .39 .82 1.44 .17 Total Managed Portfolio 4.42 2.48 7.32 5.79 7.04 6.26 Total Account Net of Fees 4.41 2.44 7.26 5.72 6.95 6.15 Contra Costa Policy Benchmark 4.18 2.58 7.26 6.12 7.29 6.66 Selected Period Performance PARS/COUNTY OF CONTRA COSTA PRHCP Account 6746038001 Period Ending: 9/30/2020 22 PARS: County of Contra Costa 3-Month YTD 1-Year 3-Year 5-Year Fund Name Inception Return Rank Return Rank Return Rank Return Rank Return Rank Columbia Contrarian Core Inst3 (7/13)8.72 46 7.22 15 17.10 13 11.11 43 13.23 35 Vanguard Growth & Income Adm (12/16)8.56 49 4.97 41 14.19 39 11.50 37 13.42 32 Dodge & Cox Stock (10/14)4.28 63 -11.34 52 -2.39 34 2.84 46 9.06 22 iShares S&P 500 Value ETF (12/19)4.76 53 -11.53 55 -2.79 37 4.03 35 8.67 27 T. Rowe Price Growth Stock I 12.19 34 22.37 39 34.71 37 19.01 45 18.60 36 Harbor Capital Appreciation Retirement 15.86 10 37.24 10 54.32 8 24.81 10 21.53 10 Russell 1000 TR USD 9.47 --6.40 --16.01 --12.38 --14.09 -- iShares Russell 1000 ETF (3/15)9.43 24 6.29 22 15.86 20 12.23 19 13.95 17 iShares Russell Mid-Cap ETF (3/15)7.41 27 -2.45 20 4.41 21 6.99 21 9.97 19 Russell Mid Cap TR USD 7.46 ---2.35 --4.55 --7.13 --10.13 -- Undiscovered Managers Behavioral Val R6 (9/16)0.91 75 -27.67 90 -22.40 93 -7.22 73 1.83 64 Russell 2000 Value TR USD 2.56 ---21.54 ---14.88 ---5.13 --4.11 -- Victory RS Small Cap Growth R6 (2/19)9.51 36 12.85 34 28.04 28 14.93 30 14.90 31 Russell 2000 Growth TR USD 7.16 --3.88 --15.71 --8.18 --11.42 -- iShares Russell 2000 ETF (3/15)4.91 38 -8.73 24 0.33 20 1.72 22 8.00 16 Dodge & Cox International Stock 0.39 91 -18.12 75 -9.43 67 -5.85 82 2.21 54 MFS International Growth R6 9.03 50 3.80 62 13.18 63 8.47 34 11.26 23 MFS Global Equity R6 (3/15)8.40 39 -0.49 54 6.83 55 7.10 42 10.25 38 iShares Core MSCI EAFE ETF (9/20)5.52 54 -6.64 57 1.41 52 0.89 46 5.73 37 iShares MSCI ACWI ETF (3/15)8.14 42 1.46 46 10.52 44 7.33 40 10.57 33 American Funds New Perspective R6 (3/15)12.66 12 14.16 17 25.74 15 13.77 14 14.71 11 DFA Large Cap International I (12/18)5.23 60 -6.75 59 0.73 59 0.57 53 5.44 43 MSCI EAFE NR USD 4.80 ---7.09 --0.49 --0.62 --5.26 -- MSCI ACWI NR USD 8.13 --1.37 --10.44 --7.12 --10.30 -- Hartford Schroders Emerging Mkts Eq F (11/12)11.25 21 1.99 29 13.54 29 4.13 23 10.56 23 MSCI EM NR USD 9.56 ---1.16 --10.54 --2.42 --8.97 -- Data Source: Morningstar, SEI Investments Returns less than one year are not annualized. Past performance is not indicative of future returns. The information presented has been obtained from sources believed accurate and reliable. Securities are not FDIC insured, have no bank guarantee and may lose value. COUNTY OF CONTRA COSTA LARGE CAP EQUITY FUNDS MID CAP EQUITY FUNDS SMALL CAP EQUITY FUNDS INTERNATIONAL EQUITY FUNDS For Period Ending September 30, 2020 23 PARS: County of Contra Costa 3-Month YTD 1-Year 3-Year 5-Year Fund Name Inception Return Rank Return Rank Return Rank Return Rank Return Rank Vanguard Real Estate ETF (6/17)1.31 66 -12.79 39 -12.26 34 2.34 44 5.21 32 Wilshire REIT Index 1.25 ---16.74 ---17.69 --0.45 --3.65 -- Core Fixed Income Portfolio 0.74 65 6.48 60 7.04 37 5.31 24 4.41 22 PIMCO Total Return Instl 1.49 56 7.74 16 7.42 33 5.21 35 4.74 31 PGIM Total Return Bond R6 (5/16)1.78 33 5.59 65 5.96 63 5.64 16 5.30 9 BBgBarc US Agg Bond TR USD 0.62 --6.79 --6.98 --5.24 --4.18 -- BlackRock Event Driven Equity Instl (3/19)2.05 36 2.47 31 3.93 28 4.74 20 5.86 7 BlackRock Strategic Income Opps K (7/13)2.80 33 3.03 28 4.70 26 3.70 14 3.74 32 Eaton Vance Glb Macr Absolt Retrn R6 (7/13)1.07 80 0.84 53 3.96 35 2.70 39 3.56 37 Dynamic Alternatives Index 2.32 ---1.14 --0.39 --0.82 --1.44 -- Data Source: Morningstar, SEI Investments Returns less than one year are not annualized. Past performance is not indicative of future returns. The information presented has been obtained from sources believed accurate and reliable. Securities are not FDIC insured, have no bank guarantee and may lose value. ALTERNATIVE FUNDS REIT EQUITY FUNDS COUNTY OF CONTRA COSTA For Period Ending September 30, 2020 BOND FUNDS 24 PARS: County of Contra Costa . 2019 2018 2017 2016 2015 2014 2013 Fund Name Inception Return Rank Return Rank Return Rank Return Rank Return Rank Return Rank Return Rank Columbia Contrarian Core Inst3 (7/13)33.08 10 -8.81 82 21.89 28 8.77 73 3.25 7 13.14 27 36.04 15 Vanguard Growth & Income Adm (12/16)29.77 51 -4.61 31 20.80 54 12.12 24 2.03 16 14.16 13 32.74 37 Dodge & Cox Stock (10/14)24.83 58 -7.07 31 18.33 24 21.28 6 -4.49 62 10.40 54 40.55 2 iShares S&P 500 Value ETF (12/19)31.71 5 -9.09 57 15.19 61 17.17 25 -3.24 42 12.14 24 31.69 45 T. Rowe Price Growth Stock I 30.98 61 -0.89 37 33.84 15 1.58 63 10.93 --8.83 --39.20 -- Harbor Capital Appreciation Retirement 33.39 39 -0.96 37 36.68 5 -1.04 --10.99 --9.93 --37.66 -- Russell 1000 TR USD 31.43 ---4.78 --21.69 --12.05 --0.92 --13.24 --33.11 -- iShares Russell 1000 ETF (3/15)31.26 30 -4.91 37 21.53 37 11.91 27 0.82 30 13.08 28 32.93 35 iShares Russell Mid-Cap ETF (3/15)30.31 21 -9.13 30 18.32 27 13.58 61 -2.57 30 13.03 8 34.50 46 Russell Mid Cap TR USD 30.54 ---9.06 --18.52 --13.80 ---2.44 --13.22 --34.76 -- Undiscovered Managers Behavioral Val R6 (9/16)23.34 30 -15.20 49 13.53 11 20.97 80 3.52 1 5.83 25 37.72 -- Russell 2000 Value TR USD 22.39 ---12.86 --7.84 --31.74 ---7.47 --4.22 --34.52 -- Victory RS Small Cap Growth R6 (2/19)38.38 8 -8.66 70 37.05 --0.88 --0.09 --9.36 --49.22 -- Russell 2000 Growth TR USD 28.48 ---9.31 --22.17 --11.32 ---1.38 --5.60 --43.30 -- iShares Russell 2000 ETF (3/15)25.42 35 -11.02 36 14.66 24 21.36 43 -4.33 44 4.94 44 38.85 35 Dodge & Cox International Stock 22.78 7 -17.98 81 23.94 72 8.26 2 -11.35 98 0.08 9 26.31 8 DFA Large Cap International I (12/18)22.04 43 -14.14 44 25.37 48 3.16 23 -2.86 72 -5.24 49 20.69 39 MFS International Growth R6 27.31 60 -8.79 9 32.58 31 2.79 6 0.40 52 -5.01 57 13.94 78 MFS Global Equity R6 (3/15)30.66 17 -9.51 50 24.04 41 7.43 27 -1.34 48 4.08 33 27.93 34 iShares MSCI EAFE ETF (3/15)21.94 45 -13.83 37 24.94 58 0.96 47 -0.90 46 -5.04 46 22.62 18 iShares MSCI ACWI ETF (3/15)26.70 45 -9.15 45 24.35 39 8.22 21 -2.39 62 4.64 28 22.91 63 American Funds New Perspective R6 (3/15)30.48 19 -5.56 18 29.30 16 2.19 77 5.63 6 3.56 40 27.23 38 MSCI EAFE NR USD 22.01 ---13.79 --25.03 --1.00 ---0.81 ---4.90 --22.78 -- MSCI ACWI NR USD 26.60 ---9.41 --23.97 --7.86 ---2.36 --4.16 --22.80 -- Hartford Schroders Emerging Mkts Eq F (11/12)22.32 30 -15.42 45 40.96 --10.41 ---12.68 ---4.61 ---2.28 -- MSCI EM PR USD 15.42 ---16.63 --34.35 --8.58 ---16.96 ---4.63 ---4.98 -- Data Source: Morningstar, SEI Investments Returns less than one year are not annualized. Past performance is not indicative of future returns. The information presented has been obtained from sources believed accurate and reliable. Securities are not FDIC insured, have no bank guarantee and may lose value. COUNTY OF CONTRA COSTA For Period Ending December 31, 2019 LARGE CAP EQUITY FUNDS MID CAP EQUITY FUNDS SMALL CAP EQUITY FUNDS INTERNATIONAL EQUITY FUNDS 25 PARS: County of Contra Costa . 2019 2018 2017 2016 2015 2014 2013 Fund Name Inception Return Rank Return Rank Return Rank Return Rank Return Rank Return Rank Return Rank Vanguard Real Estate ETF (6/17)28.91 30 -5.95 58 4.95 57 8.53 17 2.37 65 30.29 33 2.42 27 Wilshire US REIT TR USD 25.76 ---4.84 --4.18 --7.24 --4.23 --31.78 --1.86 -- Fixed Income Core Portfolio 9.20 21 .14 24 3.49 59 3.63 37 0.78 14 4.74 70 -1.40 41 PIMCO Total Return Instl 8.26 73 -0.26 30 5.13 17 2.60 82 0.73 11 4.69 72 -1.92 78 PGIM Total Return Bond R6 (5/16)11.13 7 -0.63 46 6.71 3 4.83 21 0.09 40 7.25 7 -0.91 42 BBgBarc US Agg Bond TR USD 8.72 --0.01 --3.54 --2.65 --0.55 --5.97 ---2.02 -- BlackRock Strategic Income Opps K (7/13)7.82 36 -0.47 46 4.97 37 3.65 ---0.30 --3.89 --3.28 -- BlackRock Event Driven Equity Instl (3/19)7.29 13 5.49 11 7.14 9 4.29 37 -1.56 --10.40 --32.30 -- Eaton Vance Glb Macr Absolt Retrn R6 (7/19) (EGMSX)9.82 18 -3.13 78 4.21 --4.00 --2.63 --3.03 ---0.24 -- Western Asset Macro Opportunities IS (2/19)16.80 1 -5.42 94 15.21 1 6.57 25 1.57 13 8.11 5 ---- Dynamic Alternatives Index 6.66 ---4.24 --5.07 --2.29 ---5.19 --6.39 --0.54 -- Data Source: Morningstar, SEI Investments Returns less than one year are not annualized. Past performance is not indicative of future returns. The information presented has been obtained from sources believed accurate and reliable. Securities are not FDIC insured, have no bank guarantee and may lose value. REIT EQUITY FUNDS ALTERNATIVE FUNDS COUNTY OF CONTRA COSTA For Period Ending December 31, 2019 BOND FUNDS Columbia Contrarian Core Inst3 COFYX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Large Blend ÙÙÙ 11/8/2012 0.64 10,362.05 9/30/2020 Guy W. Pope Asset Alloca�on % Cash 0.9 US Equity 96.5 Non­US Equity 2.6 Total 100.0 Holdings­Based Style Map Micro Small Mid Large GiantDeep­Val Core­Val Core Core­Grth High­Grth Columbia Contrarian Core Inst3 9/30/2020 Russell 1000 TR USD 9/30/2020 US Fund Large Blend 9/30/2020 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le Columbia Contrarian Core Inst3 Russell 1000 TR USD US Fund Large Blend 7.22 17.10 11.11 13.23 2.08 10.38 9.42 11.47 11.34 6.40 16.01 12.38 14.09 13.76 1 1 2 2 1 1 1 1 1 3 3 3 3 3 Rolling Returns Time Period: 10/1/2015 to 9/30/2020 Peer Group (5­95%): Funds ­ U.S. ­ Large Blend Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: Russell 1000 TR USD 10 11 12 2019 01 02 03 04 05 06 07 08 09 10 11 12 2020 01 02 03 04 05 06 07 08 09 0.0 5.0 10.0 15.0 20.0 Columbia Contrarian Core Inst3 Russell 1000 TR USD US Fund Large BlendReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ Large Blend ­10.0 ­5.0 0.0 5.0 10.0 YTD 1 year 3 years 5 years 10 years 15.0 20.0 25.0 Columbia Contrarian Core Inst3 Russell 1000 TR USD US Fund Large Blend ReturnReturns As of Date: 9/30/2020 Calcula�on Benchmark: Russell 1000 TR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 20.0 8.7 7.2 17.1 11.1 13.2 9.5 6.4 16.0 12.4 14.1 13.8 8.1 2.1 10.4 9.4 11.5 11.3 Columbia Contrarian Core Inst3 Russell 1000 TR USD US Fund Large Blend ReturnRisk­Reward Time Period: 10/1/2015 to 9/30/2020 Peer Group (5­95%): Funds ­ U.S. ­ Large Blend Calcula�on Benchmark: Russell 1000 TR USD Std Dev 0.0 3.0 6.0 9.0 12.0 15.0 18.0 21.0 0.0 3.0 6.0 9.0 12.0 15.0 18.0 ReturnColumbia Contrarian Core Inst3 ­ Risk Time Period: 10/1/2015 to 9/30/2020 Calcula�on Benchmark: Russell 1000 TR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 13.23 15.01 1.65 ­0.49 0.98 98.09 0.80 2.11 14.09 15.24 0.00 0.00 1.00 100.00 0.85 0.00 Monthly Es�mated Fund­Level Net Flow Time Period: 10/1/2015 to 9/30/2020 2016 2018 2020 ­500M ­250M 0M 250M 500M Columbia Contrarian Core Inst3 US Fund Large Blend Es�mated Fund­ L e v e l N e t Flow Monthly Return Source: Morningstar Direct, as of September 30, 2020 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. Vanguard Growth & Income Adm VGIAX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Large Blend ÙÙÙÙ 5/14/2001 0.23 11,864.84 6/30/2020 Mul�ple Asset Alloca�on % Cash 2.4 US Equity 96.5 Non­US Equity 1.0 US Bond 0.1 Other 0.0 Total 100.0 Holdings­Based Style Map Micro Small Mid Large GiantDeep­Val Core­Val Core Core­Grth High­Grth Vanguard Growth & Income Adm 6/30/2020 Russell 1000 TR USD 9/30/2020 US Fund Large Blend 9/30/2020 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le Vanguard Growth & Income Adm Russell 1000 TR USD US Fund Large Blend 6.40 16.01 12.38 14.09 13.76 4.97 14.19 11.50 13.42 13.73 2.08 10.38 9.42 11.47 11.34 2 2 2 2 1 1 1 1 1 1 3 3 3 3 3 Rolling Returns Time Period: 10/1/2015 to 9/30/2020 Peer Group (5­95%): Funds ­ U.S. ­ Large Blend Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: Russell 1000 TR USD 10 11 12 2019 01 02 03 04 05 06 07 08 09 10 11 12 2020 01 02 03 04 05 06 07 08 09 0.0 5.0 10.0 15.0 20.0 Vanguard Growth & Income Adm Russell 1000 TR USD US Fund Large BlendReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ Large Blend ­10.0 ­5.0 0.0 5.0 10.0 YTD 1 year 3 years 5 years 10 years 15.0 20.0 25.0 Vanguard Growth & Income Adm S&P 500 TR USD US Fund Large Blend ReturnReturns As of Date: 9/30/2020 Calcula�on Benchmark: Russell 1000 TR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 8.6 5.0 14.2 11.5 13.4 13.7 9.5 6.4 16.0 12.4 14.1 13.8 8.1 2.1 10.4 9.4 11.5 11.3 Vanguard Growth & Income Adm Russell 1000 TR USD US Fund Large Blend ReturnRisk­Reward Time Period: 10/1/2015 to 9/30/2020 Peer Group (5­95%): Funds ­ U.S. ­ Large Blend Calcula�on Benchmark: Russell 1000 TR USD Std Dev 0.0 3.0 6.0 9.0 12.0 15.0 18.0 21.0 0.0 3.0 6.0 9.0 12.0 15.0 18.0 ReturnVanguard Growth & Income Adm ­ Risk Time Period: 10/1/2015 to 9/30/2020 Calcula�on Benchmark: Russell 1000 TR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 13.42 15.12 0.69 ­0.50 0.99 99.71 0.81 0.83 14.09 15.24 0.00 0.00 1.00 100.00 0.85 0.00 Monthly Es�mated Fund­Level Net Flow Time Period: 10/1/2015 to 9/30/2020 2016 2018 2020 ­750M 0M 750M 1,500M 2,250M Vanguard Growth & Income Adm US Fund Large Blend Es�mated Fund­ L e v e l N e t Flow Monthly Return Source: Morningstar Direct, as of September 30, 2020 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. Dodge & Cox Stock DODGX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Large Value ÙÙÙÙ 1/4/1965 0.52 60,597.36 6/30/2020 Mul�ple Asset Alloca�on % Cash 0.6 US Equity 91.4 Non­US Equity 8.0 Total 100.0 Holdings­Based Style Map Micro Small Mid Large GiantDeep­Val Core­Val Core Core­Grth High­Grth Dodge & Cox Stock 6/30/2020 Russell 1000 Value TR USD 9/30/2020 US Fund Large Value 9/30/2020 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le Dodge & Cox Stock Russell 1000 Value TR USD US Fund Large Value ­11.58 ­5.03 2.63 7.66 9.95 ­11.34 ­2.39 2.84 9.06 11.03 ­11.25 ­4.70 2.42 7.14 8.87 3 2 2 1 1 3 2 2 2 2 2 2 2 2 3 Rolling Returns Time Period: 10/1/2015 to 9/30/2020 Peer Group (5­95%): Funds ­ U.S. ­ Large Value Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: Russell 1000 Value TR USD 10 11 12 2019 01 02 03 04 05 06 07 08 09 10 11 12 2020 01 02 03 04 05 06 07 08 09 ­7.5 0.0 7.5 15.0 22.5 Dodge & Cox Stock Russell 1000 Value TR USD US Fund Large ValueReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ Large Value ­20.0 ­15.0 ­10.0 ­5.0 0.0 YTD 1 year 3 years 5 years 10 years 5.0 10.0 15.0 20.0 Dodge & Cox Stock S&P 500 TR USD US Fund Large Value ReturnReturns As of Date: 9/30/2020 Calcula�on Benchmark: Russell 1000 Value TR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years ­20.0 ­15.0 ­10.0 ­5.0 0.0 5.0 10.0 15.0 20.0 4.3­11.3­2.42.89.111.05.6­11.6­5.02.67.79.94.8­11.2­4.72.47.18.9Dodge & Cox Stock Russell 1000 Value TR USD US Fund Large Value ReturnRisk­Reward Time Period: 10/1/2015 to 9/30/2020 Peer Group (5­95%): Funds ­ U.S. ­ Large Value Calcula�on Benchmark: Russell 1000 Value TR USD Std Dev 0.0 4.0 8.0 12.0 16.0 20.0 24.0 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 ReturnDodge & Cox Stock ­ Risk Time Period: 10/1/2015 to 9/30/2020 Calcula�on Benchmark: Russell 1000 Value TR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 9.06 17.76 2.93 0.84 1.11 94.40 0.44 4.56 7.66 15.50 0.00 0.00 1.00 100.00 0.42 0.00 Monthly Es�mated Fund­Level Net Flow Time Period: 10/1/2015 to 9/30/2020 2016 2018 2020 ­1,500M ­1,000M ­500M 0M 500M Dodge & Cox Stock US Fund Large Value Es�mated Fund­ L e v e l N e t Flow Monthly Return Source: Morningstar Direct, as of September 30, 2020 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. Harbor Capital Apprecia�on Instl HACAX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Large Growth ÙÙÙÙÙ 12/29/1987 0.67 40,604.96 6/30/2020 Mul�ple Asset Alloca�on % Cash 0.3 US Equity 88.2 Non­US Equity 11.5 Total 100.0 Holdings­Based Style Map Micro Small Mid Large GiantDeep­Val Core­Val Core Core­Grth High­Grth Harbor Capital Apprecia�on Instl 6/30/2020 Russell 1000 Growth TR USD 9/30/2020 US Fund Large Growth 9/30/2020 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le Harbor Capital Apprecia�on Instl Russell 1000 Growth TR USD US Fund Large Growth 37.15 54.19 24.71 21.45 18.21 24.33 37.53 21.67 20.10 17.25 19.82 31.02 17.99 16.80 14.56 1 1 1 1 1 2 2 2 1 1 3 3 3 3 3 Rolling Returns Time Period: 10/1/2015 to 9/30/2020 Peer Group (5­95%): Funds ­ U.S. ­ Large Growth Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: Russell 1000 Growth TR USD 10 11 12 2019 01 02 03 04 05 06 07 08 09 10 11 12 2020 01 02 03 04 05 06 07 08 09 5.0 10.0 15.0 20.0 25.0 Harbor Capital Apprecia�on Instl Russell 1000 Growth TR USD US Fund Large GrowthReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ Large Growth 0.0 7.5 15.0 22.5 30.0 YTD 1 year 3 years 5 years 10 years 37.5 45.0 52.5 60.0 67.5 Harbor Capital Apprecia�on Instl Russell 1000 Growth TR USD US Fund Large Growth ReturnReturns As of Date: 9/30/2020 Calcula�on Benchmark: Russell 1000 Growth TR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years 0.0 7.5 15.0 22.5 30.0 37.5 45.0 52.5 60.0 15.8 37.1 54.2 24.7 21.5 18.2 13.2 24.3 37.5 21.7 20.1 17.3 11.5 19.8 31.0 18.0 16.8 14.6 Harbor Capital Apprecia�on Instl Russell 1000 Growth TR USD US Fund Large Growth ReturnRisk­Reward Time Period: 10/1/2015 to 9/30/2020 Peer Group (5­95%): Funds ­ U.S. ­ Large Growth Calcula�on Benchmark: Russell 1000 Growth TR USD Std Dev 0.0 4.0 8.0 12.0 16.0 20.0 24.0 0.0 4.0 8.0 12.0 16.0 20.0 24.0 28.0 ReturnHarbor Capital Apprecia�on Instl ­ Risk Time Period: 10/1/2015 to 9/30/2020 Calcula�on Benchmark: Russell 1000 Growth TR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 20.10 16.00 0.00 0.00 1.00 100.00 1.18 0.00 21.45 18.24 3.14 ­0.46 1.11 94.14 1.11 4.74 Monthly Es�mated Fund­Level Net Flow Time Period: 10/1/2015 to 9/30/2020 2016 2018 2020 ­750M ­500M ­250M 0M 250M Harbor Capital Apprecia�on Instl US Fund Large Growth Es�mated Fund­ L e v e l N e t Flow Monthly Return Source: Morningstar Direct, as of September 30, 2020 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. T. Rowe Price Growth Stock I PRUFX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Large Growth ÙÙÙ 8/28/2015 0.52 66,213.14 6/30/2020 Joseph B. Fath Asset Alloca�on % Cash 0.0 US Equity 90.0 Non­US Equity 10.0 Total 100.0 Holdings­Based Style Map Micro Small Mid Large GiantDeep­Val Core­Val Core Core­Grth High­Grth T. Rowe Price Growth Stock I 6/30/2020 Russell 1000 Growth TR USD 9/30/2020 US Fund Large Growth 9/30/2020 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le T. Rowe Price Growth Stock I Russell 1000 Growth TR USD US Fund Large Growth 24.33 37.53 21.67 20.10 17.25 19.82 31.02 17.99 16.80 14.56 22.37 34.71 19.01 18.60222 2 2 2 2 1 1 3 3 3 3 3 Rolling Returns Time Period: 10/1/2015 to 9/30/2020 Peer Group (5­95%): Funds ­ U.S. ­ Large Growth Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: Russell 1000 Growth TR USD 10 11 12 2019 01 02 03 04 05 06 07 08 09 10 11 12 2020 01 02 03 04 05 06 07 08 09 5.0 10.0 15.0 20.0 25.0 T. Rowe Price Growth Stock I Russell 1000 Growth TR USD US Fund Large GrowthReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ Large Growth 0.0 7.5 15.0 22.5 30.0 YTD 1 year 3 years 5 years 10 years 37.5 45.0 52.5 60.0 67.5 T. Rowe Price Growth Stock I S&P 500 TR USD US Fund Large Growth ReturnReturns As of Date: 9/30/2020 Calcula�on Benchmark: Russell 1000 Growth TR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years 0.0 5.0 10.0 15.0 20.0 25.0 30.0 35.0 40.0 12.2 22.4 34.7 19.0 18.6 13.2 24.3 37.5 21.7 20.1 17.3 11.5 19.8 31.0 18.0 16.8 14.6 T. Rowe Price Growth Stock I Russell 1000 Growth TR USD US Fund Large Growth ReturnRisk­Reward Time Period: 10/1/2015 to 9/30/2020 Peer Group (5­95%): Funds ­ U.S. ­ Large Growth Calcula�on Benchmark: Russell 1000 Growth TR USD Std Dev 0.0 4.0 8.0 12.0 16.0 20.0 24.0 0.0 4.0 8.0 12.0 16.0 20.0 24.0 28.0 ReturnT. Rowe Price Growth Stock I ­ Risk Time Period: 10/1/2015 to 9/30/2020 Calcula�on Benchmark: Russell 1000 Growth TR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 18.60 16.77 2.96 ­1.53 1.02 94.78 1.04 3.85 20.10 16.00 0.00 0.00 1.00 100.00 1.18 0.00 Monthly Es�mated Fund­Level Net Flow Time Period: 10/1/2015 to 9/30/2020 2016 2018 2020 ­2,250M ­1,500M ­750M 0M 750M T. Rowe Price Growth Stock I US Fund Large Growth Es�mated Fund­ L e v e l N e t Flow Monthly Return Source: Morningstar Direct, as of September 30, 2020 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. Undiscovered Managers Behavioral Val R6 UBVFX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Small Value ÙÙ 4/30/2013 0.80 3,792.94 8/31/2020 Mul�ple Asset Alloca�on % US Equity 99.4 Non­US Equity 0.6 Total 100.0 Holdings­Based Style Map Micro Small Mid Large GiantDeep­Val Core­Val Core Core­Grth High­Grth Undiscovered Managers Behavioral Val R6 8/31/2020 Russell 2000 Value TR USD 9/30/2020 US Fund Small Value 9/30/2020 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le Undiscovered Managers Behavioral Val R6 Russell 2000 Value TR USD US Fund Small Value ­21.54 ­14.88 ­5.13 4.11 7.09 ­27.67 ­22.40 ­7.22 1.83 ­20.62 ­14.29 ­5.54 2.64 6.47 4 4 4 3 2 2 2 1 2 2 2 2 2 2 Rolling Returns Time Period: 10/1/2015 to 9/30/2020 Peer Group (5­95%): Funds ­ U.S. ­ Small Value Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: Russell 2000 Value TR USD 10 11 12 2019 01 02 03 04 05 06 07 08 09 10 11 12 2020 01 02 03 04 05 06 07 08 09 ­20.0 ­10.0 0.0 10.0 20.0 Undiscovered Managers Behavioral Val R6 Russell 2000 Value TR USD US Fund Small ValueReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ Small Value ­30.0 ­25.0 ­20.0 ­15.0 ­10.0 YTD 1 year 3 years 5 years 10 years ­5.0 0.0 5.0 10.0 Undiscovered Managers Behavioral Val R6 Russell 2000 Value TR USD US Fund Small Value ReturnReturns As of Date: 9/30/2020 Calcula�on Benchmark: Russell 2000 Value TR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years ­37.5 ­30.0 ­22.5 ­15.0 ­7.5 0.0 7.5 15.0 0.9­27.7­22.4­7.21.82.6­21.5­14.9­5.14.17.12.9­20.6­14.3­5.52.66.5Undiscovered Managers Behavioral Val R6 Russell 2000 Value TR USD US Fund Small Value ReturnRisk­Reward Time Period: 10/1/2015 to 9/30/2020 Peer Group (5­95%): Funds ­ U.S. ­ Small Value Calcula�on Benchmark: Russell 2000 Value TR USD Std Dev 0.0 5.0 10.0 15.0 20.0 25.0 30.0 ­2.0 0.0 2.0 4.0 6.0 8.0 10.0 ReturnUndiscovered Managers Behavioral Val R6 ­ Risk Time Period: 10/1/2015 to 9/30/2020 Calcula�on Benchmark: Russell 2000 Value TR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 4.11 20.74 0.00 0.00 1.00 100.00 0.14 0.00 1.83 22.75 4.44 ­2.04 1.07 94.71 0.03 5.42 Monthly Es�mated Fund­Level Net Flow Time Period: 10/1/2015 to 9/30/2020 2016 2018 2020 ­500M ­250M 0M 250M 500M Undiscovered Managers Behavioral Val R6 US Fund Small Value Es�mated Fund­ L e v e l N e t Flow Monthly Return Source: Morningstar Direct, as of September 30, 2020 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. Victory RS Small Cap Growth R6 RSEJX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Small Growth ÙÙÙÙ 7/12/2017 1.06 2,631.66 6/30/2020 Mul�ple Asset Alloca�on % Cash 0.8 US Equity 90.8 Non­US Equity 8.1 Other 0.3 Total 100.0 Holdings­Based Style Map Micro Small Mid Large GiantDeep­Val Core­Val Core Core­Grth High­Grth Victory RS Small Cap Growth R6 6/30/2020 Russell 2000 Growth TR USD 9/30/2020 US Fund Small Growth 9/30/2020 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le Victory RS Small Cap Growth R6 Russell 2000 Growth TR USD US Fund Small Growth 3.88 15.71 8.18 11.42 12.34 7.57 17.70 10.58 12.41 12.07 12.85 28.04 14.9322 2 3 3 3 3 3 3 3 3 3 3 Rolling Returns Time Period: 10/1/2015 to 9/30/2020 Peer Group (5­95%): Funds ­ U.S. ­ Small Growth Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: Russell 2000 Growth TR USD 10 11 12 2019 01 02 03 04 05 06 07 08 09 10 11 12 2020 01 02 03 04 05 06 07 08 09 0.0 5.0 10.0 15.0 20.0 Victory RS Small Cap Growth R6 Russell 2000 Growth TR USD US Fund Small GrowthReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ Small Growth ­15.0 ­7.5 0.0 7.5 15.0 YTD 1 year 3 years 5 years 10 years 22.5 30.0 37.5 45.0 52.5 Victory RS Small Cap Growth R6 Russell 2000 Growth TR USD US Fund Small Growth ReturnReturns As of Date: 9/30/2020 Calcula�on Benchmark: Russell 2000 Growth TR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years 0.0 5.0 10.0 15.0 20.0 25.0 30.0 9.5 12.9 28.0 14.9 7.2 3.9 15.7 8.2 11.4 12.3 8.1 7.6 17.7 10.6 12.4 12.1 Victory RS Small Cap Growth R6 Russell 2000 Growth TR USD US Fund Small Growth ReturnRisk­Reward Time Period: 10/1/2015 to 9/30/2020 Peer Group (5­95%): Funds ­ U.S. ­ Small Growth Calcula�on Benchmark: Russell 2000 Growth TR USD Std Dev 0.0 4.0 8.0 12.0 16.0 20.0 24.0 28.0 0.0 4.0 8.0 12.0 16.0 20.0 24.0 28.0 ReturnVictory RS Small Cap Growth R6 ­ Risk Time Period: 10/1/2015 to 9/30/2020 Calcula�on Benchmark: Russell 2000 Growth TR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 11.42 20.13 0.00 0.00 1.00 100.00 0.51 0.00 Monthly Es�mated Fund­Level Net Flow Time Period: 7/1/2017 to 9/30/2020 2017 2018 2019 2020 ­750M ­500M ­250M 0M 250M Victory RS Small Cap Growth R6 US Fund Small Growth Es�mated Fund­ L e v e l N e t Flow Monthly Return Source: Morningstar Direct, as of September 30, 2020 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. DFA Large Cap Interna�onal I DFALX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Foreign Large Blend ÙÙÙ 7/17/1991 0.22 5,026.64 8/31/2020 Mul�ple Asset Alloca�on % Cash 1.0 US Equity 1.1 Non­US Equity 98.0 Total 100.0 Holdings­Based Style Map Micro Small Mid Large GiantDeep­Val Core­Val Core Core­Grth High­Grth DFA Large Cap Interna�onal I 8/31/2020 MSCI ACWI Ex USA NR USD 9/30/2020 US Fund Foreign Large Blend 9/30/2020 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le DFA Large Cap Interna�onal I MSCI ACWI Ex USA NR USD US Fund Foreign Large Blend ­5.44 3.00 1.16 6.23 4.00 ­6.75 0.73 0.57 5.44 4.50 ­5.86 2.03 0.51 5.02 4.14 3 3 3 2 2 2 2 2 1 3 3 3 3 3 3 Rolling Returns Time Period: 10/1/2015 to 9/30/2020 Peer Group (5­95%): Funds ­ U.S. ­ Foreign Large Blend Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: MSCI ACWI Ex USA NR USD 10 11 12 2019 01 02 03 04 05 06 07 08 09 10 11 12 2020 01 02 03 04 05 06 07 08 09 ­5.0 0.0 5.0 10.0 DFA Large Cap Interna�onal I MSCI ACWI Ex USA NR USD US Fund Foreign Large BlendReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ Foreign Large Blend ­15.0 ­10.0 ­5.0 0.0 5.0 YTD 1 year 3 years 5 years 10 years 10.0 15.0 DFA Large Cap Interna�onal I MSCI World ex USA NR USD US Fund Foreign Large Blend ReturnReturns As of Date: 9/30/2020 Calcula�on Benchmark: MSCI ACWI Ex USA NR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years ­10.0 ­8.0 ­6.0 ­4.0 ­2.0 0.0 2.0 4.0 6.0 8.0 5.2 ­6.7 0.7 0.6 5.4 4.5 6.3 ­5.4 3.0 1.2 6.2 4.0 5.8 ­5.9 2.0 0.5 5.0 4.1 DFA Large Cap Interna�onal I MSCI ACWI Ex USA NR USD US Fund Foreign Large Blend ReturnRisk­Reward Time Period: 10/1/2015 to 9/30/2020 Peer Group (5­95%): Funds ­ U.S. ­ Foreign Large Blend Calcula�on Benchmark: MSCI ACWI Ex USA NR USD Std Dev 0.0 3.0 6.0 9.0 12.0 15.0 18.0 21.0 0.0 2.0 4.0 6.0 8.0 10.0 ReturnDFA Large Cap Interna�onal I ­ Risk Time Period: 10/1/2015 to 9/30/2020 Calcula�on Benchmark: MSCI ACWI Ex USA NR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 6.23 14.49 0.00 0.00 1.00 100.00 0.35 0.00 5.44 14.45 2.09 ­0.62 0.98 96.30 0.30 2.80 Monthly Es�mated Fund­Level Net Flow Time Period: 10/1/2015 to 9/30/2020 2016 2018 2020 ­200M 0M 200M 400M 600M DFA Large Cap Interna�onal I US Fund Foreign Large Blend Es�mated Fund­ L e v e l N e t Flow Monthly Return Source: Morningstar Direct, as of September 30, 2020 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. Dodge & Cox Interna�onal Stock DODFX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Foreign Large Value ÙÙÙ 5/1/2001 0.63 35,106.34 6/30/2020 Mul�ple Asset Alloca�on % Cash 1.5 US Equity 7.9 Non­US Equity 90.4 Other 0.2 Total 100.0 Holdings­Based Style Map Micro Small Mid Large GiantDeep­Val Core­Val Core Core­Grth High­Grth Dodge & Cox Interna�onal Stock 6/30/2020 MSCI ACWI Ex USA Value NR USD 9/30/2020 US Fund Foreign Large Value 9/30/2020 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le Dodge & Cox Interna�onal Stock MSCI ACWI Ex USA Value NR USD US Fund Foreign Large Value ­17.60 ­10.83 ­5.09 2.14 1.50 ­18.12 ­9.43 ­5.85 2.21 3.13 ­14.17 ­6.93 ­3.94 2.12 2.50 4 4 4 2 2 4 4 3 2 3 3 3 2 2 2 Rolling Returns Time Period: 10/1/2015 to 9/30/2020 Peer Group (5­95%): Funds ­ U.S. ­ Foreign Large Value Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: MSCI ACWI Ex USA Value NR USD 10 11 12 2019 01 02 03 04 05 06 07 08 09 10 11 12 2020 01 02 03 04 05 06 07 08 09 ­10.0 ­5.0 0.0 5.0 10.0 Dodge & Cox Interna�onal Stock MSCI ACWI Ex USA Value NR USD US Fund Foreign Large ValueReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ Foreign Large Value ­25.0 ­20.0 ­15.0 ­10.0 ­5.0 YTD 1 year 3 years 5 years 10 years 0.0 5.0 10.0 Dodge & Cox Interna�onal Stock MSCI EAFE NR USD US Fund Foreign Large Value ReturnReturns As of Date: 9/30/2020 Calcula�on Benchmark: MSCI ACWI Ex USA Value NR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years ­25.0 ­20.0 ­15.0 ­10.0 ­5.0 0.0 5.0 10.0 0.4­18.1­9.4­5.92.23.12.3­17.6­10.8­5.12.11.53.0­14.2­6.9­3.92.12.5Dodge & Cox Interna�onal Stock MSCI ACWI Ex USA Value NR USD US Fund Foreign Large Value ReturnRisk­Reward Time Period: 10/1/2015 to 9/30/2020 Peer Group (5­95%): Funds ­ U.S. ­ Foreign Large Value Calcula�on Benchmark: MSCI ACWI Ex USA Value NR USD Std Dev 0.0 3.0 6.0 9.0 12.0 15.0 18.0 21.0 ­2.0 0.0 2.0 4.0 6.0 ReturnDodge & Cox Interna�onal Stock ­ Risk Time Period: 10/1/2015 to 9/30/2020 Calcula�on Benchmark: MSCI ACWI Ex USA Value NR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 2.14 15.78 0.00 0.00 1.00 100.00 0.06 0.00 2.21 18.03 2.94 0.20 1.12 95.77 0.06 4.15 Monthly Es�mated Fund­Level Net Flow Time Period: 10/1/2015 to 9/30/2020 2016 2018 2020 ­2,250M ­1,500M ­750M 0M 750M Dodge & Cox Interna�onal Stock US Fund Foreign Large Value Es�mated Fund­ L e v e l N e t Flow Monthly Return Source: Morningstar Direct, as of September 30, 2020 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. MFS Interna�onal Growth R6 MGRDX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Foreign Large Growth ÙÙÙÙ 5/1/2006 0.74 11,785.59 8/31/2020 Mul�ple Asset Alloca�on % Cash 1.2 US Equity 4.0 Non­US Equity 94.9 Total 100.0 Holdings­Based Style Map Micro Small Mid Large GiantDeep­Val Core­Val Core Core­Grth High­Grth MFS Interna�onal Growth R6 8/31/2020 MSCI ACWI Ex USA Growth NR USD 9/30/2020 US Fund Foreign Large Growth 9/30/2020 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le MFS Interna�onal Growth R6 MSCI ACWI Ex USA Growth NR USD US Fund Foreign Large Growth 7.27 17.54 7.33 10.16 6.38 3.80 13.18 8.47 11.26 7.64 7.56 17.63 7.21 9.58 6.78 3 3 2 1 2 2 2 2 2 3 2 2 2 2 2 Rolling Returns Time Period: 10/1/2015 to 9/30/2020 Peer Group (5­95%): Funds ­ U.S. ­ Foreign Large Growth Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: MSCI ACWI Ex USA Growth NR USD 10 11 12 2019 01 02 03 04 05 06 07 08 09 10 11 12 2020 01 02 03 04 05 06 07 08 09 0.0 5.0 10.0 15.0 20.0 MFS Interna�onal Growth R6 MSCI ACWI Ex USA Growth NR USD US Fund Foreign Large GrowthReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ Foreign Large Growth ­7.5 0.0 7.5 15.0 22.5 YTD 1 year 3 years 5 years 10 years 30.0 37.5 45.0 52.5 MFS Interna�onal Growth R6 MSCI ACWI Ex USA Growth NR USD US Fund Foreign Large Growth ReturnReturns As of Date: 9/30/2020 Calcula�on Benchmark: MSCI ACWI Ex USA Growth NR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 20.0 9.0 3.8 13.2 8.5 11.3 7.6 10.2 7.3 17.5 7.3 10.2 6.4 9.6 7.6 17.6 7.2 9.6 6.8 MFS Interna�onal Growth R6 MSCI ACWI Ex USA Growth NR USD US Fund Foreign Large Growth ReturnRisk­Reward Time Period: 10/1/2015 to 9/30/2020 Peer Group (5­95%): Funds ­ U.S. ­ Foreign Large Growth Calcula�on Benchmark: MSCI ACWI Ex USA Growth NR USD Std Dev 0.0 3.0 6.0 9.0 12.0 15.0 18.0 21.0 0.0 3.0 6.0 9.0 12.0 15.0 18.0 21.0 ReturnMFS Interna�onal Growth R6 ­ Risk Time Period: 10/1/2015 to 9/30/2020 Calcula�on Benchmark: MSCI ACWI Ex USA Growth NR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 11.26 13.13 1.89 1.66 0.92 95.86 0.77 2.91 10.16 13.98 0.00 0.00 1.00 100.00 0.64 0.00 Monthly Es�mated Fund­Level Net Flow Time Period: 10/1/2015 to 9/30/2020 2016 2018 2020 ­1,000M ­500M 0M 500M MFS Interna�onal Growth R6 US Fund Foreign Large Growth Es�mated Fund­ L e v e l N e t Flow Monthly Return Source: Morningstar Direct, as of September 30, 2020 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. Har�ord Schroders Emerging Mkts Eq F HHHFX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Diversified Emerging Mkts ÙÙÙÙ 2/28/2017 1.06 4,235.56 8/31/2020 Mul�ple Asset Alloca�on % Cash 1.8 Non­US Equity 98.2 Total 100.0 Holdings­Based Style Map Micro Small Mid Large GiantDeep­Val Core­Val Core Core­Grth High­Grth Har�ord Schroders Emerging Mkts Eq F 8/31/2020 MSCI EM NR USD 9/30/2020 US Fund Diversified Emerging Mkts 9/30/2020 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le Har�ord Schroders Emerging Mkts Eq F MSCI EM NR USD US Fund Diversified Emerging Mkts ­1.16 10.54 2.42 8.97 2.50 1.99 13.54 4.13 ­1.96 8.16 1.32 7.49 1.87 2 2 2 3 2 2 2 2 3 3 3 3 3 Rolling Returns Time Period: 10/1/2015 to 9/30/2020 Peer Group (5­95%): Funds ­ U.S. ­ Diversified Emerging Mkts Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: MSCI EM NR USD 10 11 12 2019 01 02 03 04 05 06 07 08 09 10 11 12 2020 01 02 03 04 05 06 07 08 09 ­5.0 0.0 5.0 10.0 15.0 Har�ord Schroders Emerging Mkts Eq F MSCI EM NR USD US Fund Diversified Emerging MktsReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ Diversified Emerging Mkts ­22.5 ­15.0 ­7.5 0.0 7.5 YTD 1 year 3 years 5 years 10 years 15.0 22.5 30.0 37.5 Har�ord Schroders Emerging Mkts Eq F MSCI EM NR USD US Fund Diversified Emerging Mkts ReturnReturns As of Date: 9/30/2020 Calcula�on Benchmark: MSCI EM NR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years ­5.0 ­2.5 0.0 2.5 5.0 7.5 10.0 12.5 15.0 11.3 2.0 13.5 4.1 9.6 ­1.2 10.5 2.4 9.0 2.5 8.8 ­2.0 8.2 1.3 7.5 1.9 Har�ord Schroders Emerging Mkts Eq F MSCI EM NR USD US Fund Diversified Emerging Mkts ReturnRisk­Reward Time Period: 10/1/2015 to 9/30/2020 Peer Group (5­95%): Funds ­ U.S. ­ Diversified Emerging Mkts Calcula�on Benchmark: MSCI EM NR USD Std Dev 0.0 4.0 8.0 12.0 16.0 20.0 24.0 0.0 3.0 6.0 9.0 12.0 15.0 18.0 ReturnHar�ord Schroders Emerging Mkts Eq F ­ Risk Time Period: 10/1/2015 to 9/30/2020 Calcula�on Benchmark: MSCI EM NR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 8.97 17.36 0.00 0.00 1.00 100.00 0.45 0.00 Monthly Es�mated Fund­Level Net Flow Time Period: 2/1/2017 to 9/30/2020 2017 2018 2019 2020 ­500M ­250M 0M 250M Har�ord Schroders Emerging Mkts Eq F US Fund Diversified Emerging Mkts Es�mated Fund­ L e v e l N e t Flow Monthly Return Source: Morningstar Direct, as of September 30, 2020 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. American Funds New Perspec�ve R6 RNPGX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund World Large Stock ÙÙÙÙÙ 5/1/2009 0.42 115,223.98 6/30/2020 Mul�ple Asset Alloca�on % Cash 5.1 US Equity 54.5 Non­US Equity 40.3 US Bond 0.0 Total 100.0 Holdings­Based Style Map Micro Small Mid Large GiantDeep­Val Core­Val Core Core­Grth High­Grth American Funds New Perspec�ve R6 6/30/2020 MSCI ACWI NR USD 9/30/2020 US Fund World Large Stock 9/30/2020 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le American Funds New Perspec�ve R6 MSCI ACWI NR USD US Fund World Large Stock 14.16 25.74 13.77 14.71 12.22 1.37 10.44 7.12 10.30 8.55 2.23 10.61 6.70 9.61 8.24 1 1 1 1 1 2 2 2 2 2 2 2 2 2 3 Rolling Returns Time Period: 10/1/2015 to 9/30/2020 Peer Group (5­95%): Funds ­ U.S. ­ World Large Stock Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: MSCI ACWI NR USD 10 11 12 2019 01 02 03 04 05 06 07 08 09 10 11 12 2020 01 02 03 04 05 06 07 08 09 0.0 5.0 10.0 15.0 20.0 American Funds New Perspec�ve R6 MSCI ACWI NR USD US Fund World Large StockReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ World Large Stock ­20.0 ­10.0 0.0 10.0 20.0 YTD 1 year 3 years 5 years 10 years 30.0 40.0 50.0 American Funds New Perspec�ve R6 MSCI ACWI NR USD US Fund World Large Stock ReturnReturns As of Date: 9/30/2020 Calcula�on Benchmark: MSCI ACWI NR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years 0.0 5.0 10.0 15.0 20.0 25.0 30.0 12.7 14.2 25.7 13.8 14.7 12.2 8.1 1.4 10.4 7.1 10.3 8.58.1 2.2 10.6 6.7 9.6 8.2 American Funds New Perspec�ve R6 MSCI ACWI NR USD US Fund World Large Stock ReturnRisk­Reward Time Period: 10/1/2015 to 9/30/2020 Peer Group (5­95%): Funds ­ U.S. ­ World Large Stock Calcula�on Benchmark: MSCI ACWI NR USD Std Dev 0.0 3.0 6.0 9.0 12.0 15.0 18.0 21.0 0.0 3.0 6.0 9.0 12.0 15.0 18.0 21.0 ReturnAmerican Funds New Perspec�ve R6 ­ Risk Time Period: 10/1/2015 to 9/30/2020 Calcula�on Benchmark: MSCI ACWI NR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 14.71 15.11 1.76 3.84 1.02 95.07 0.90 3.38 10.30 14.42 0.00 0.00 1.00 100.00 0.63 0.00 Monthly Es�mated Fund­Level Net Flow Time Period: 10/1/2015 to 9/30/2020 2016 2018 2020 ­1,000M ­500M 0M 500M 1,000M American Funds New Perspec�ve R6 US Fund World Large Stock Es�mated Fund­ L e v e l N e t Flow Monthly Return Source: Morningstar Direct, as of September 30, 2020 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. MFS Global Equity R6 MWEMX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund World Large Stock ÙÙÙ 6/1/2012 0.82 3,068.03 8/31/2020 Mul�ple Asset Alloca�on % Cash 0.5 US Equity 52.3 Non­US Equity 47.3 Total 100.0 Holdings­Based Style Map Micro Small Mid Large GiantDeep­Val Core­Val Core Core­Grth High­Grth MFS Global Equity R6 8/31/2020 MSCI ACWI NR USD 9/30/2020 US Fund World Large Stock 9/30/2020 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le MFS Global Equity R6 MSCI ACWI NR USD US Fund World Large Stock 1.37 10.44 7.12 10.30 8.55 ­0.49 6.83 7.10 10.25 2.23 10.61 6.70 9.61 8.24 3 3 2 2 2 2 2 2 2 2 2 2 2 3 Rolling Returns Time Period: 10/1/2015 to 9/30/2020 Peer Group (5­95%): Funds ­ U.S. ­ World Large Stock Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: MSCI ACWI NR USD 10 11 12 2019 01 02 03 04 05 06 07 08 09 10 11 12 2020 01 02 03 04 05 06 07 08 09 0.0 5.0 10.0 15.0 MFS Global Equity R6 MSCI ACWI NR USD US Fund World Large StockReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ World Large Stock ­20.0 ­10.0 0.0 10.0 20.0 YTD 1 year 3 years 5 years 10 years 30.0 40.0 50.0 MFS Global Equity R6 MSCI World NR USD US Fund World Large Stock ReturnReturns As of Date: 9/30/2020 Calcula�on Benchmark: MSCI ACWI NR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years ­4.0 ­2.0 0.0 2.0 4.0 6.0 8.0 10.0 12.0 8.4 ­0.5 6.8 7.1 10.3 8.1 1.4 10.4 7.1 10.3 8.58.1 2.2 10.6 6.7 9.6 8.2 MFS Global Equity R6 MSCI ACWI NR USD US Fund World Large Stock ReturnRisk­Reward Time Period: 10/1/2015 to 9/30/2020 Peer Group (5­95%): Funds ­ U.S. ­ World Large Stock Calcula�on Benchmark: MSCI ACWI NR USD Std Dev 0.0 3.0 6.0 9.0 12.0 15.0 18.0 21.0 0.0 3.0 6.0 9.0 12.0 15.0 18.0 21.0 ReturnMFS Global Equity R6 ­ Risk Time Period: 10/1/2015 to 9/30/2020 Calcula�on Benchmark: MSCI ACWI NR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 10.25 14.05 1.88 0.35 0.95 96.00 0.65 2.89 10.30 14.42 0.00 0.00 1.00 100.00 0.63 0.00 Monthly Es�mated Fund­Level Net Flow Time Period: 10/1/2015 to 9/30/2020 2016 2018 2020 ­200M ­100M 0M 100M 200M MFS Global Equity R6 US Fund World Large Stock Es�mated Fund­ L e v e l N e t Flow Monthly Return Source: Morningstar Direct, as of September 30, 2020 Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. PIMCO Total Return Instl PTTRX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Intermediate Core­Plus Bond ÙÙÙÙ 5/11/1987 0.70 69,955.71 6/30/2020 Mul�ple PIMCO Total Return Instl ­ Fixed­Inc Sectors (Morningstar) Por�olio Date: 6/30/2020 % Government 6.8 Government Related 24.2 Conver�ble 1.3 Corporate Bond 16.8 Agency Mortgage­Backed 22.4 Non­Agency Residen�al Mortgage­Backed 2.1 Asset­Backed 4.8 Cash & Equivalents 14.4 Swap 0.9 Forward/Future 4.4 Other 1.9 Total 100.0 Morningstar Style Box ­ PIMCO Total Return Instl Por�olio Date: 6/30/2020 Morningstar Fixed Income Style Box™ Not Available Fixed­Income Stats Average Eff Dura�on 5.3 Average Eff Maturity 6.9 Average Coupon 3.8 Average Price 112.1 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le PIMCO Total Return Instl BBgBarc US Agg Bond TR USD US Fund Intermediate Core­Plus Bond 6.79 6.98 5.24 4.18 3.64 6.02 6.42 4.82 4.32 3.94 7.74 7.42 5.21 4.74 3.981222 2 2 2 2 3 3 3 3 3 3 2 Rolling Returns Time Period: 10/1/2015 to 9/30/2020 Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: BBgBarc US Agg Bond TR USD 10 11 12 2019 01 02 03 04 05 06 07 08 09 10 11 12 2020 01 02 03 04 05 06 07 08 09 0.0 2.0 4.0 6.0 PIMCO Total Return Instl BBgBarc US Agg Bond TR USD US Fund Intermediate Core­Plus BondReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ Intermediate Core­Plus Bond Calcula�on Benchmark: BBgBarc US Agg Bond TR USD 2.0 4.0 6.0 8.0 10.0 YTD 1 year 3 years 5 years 10 years 12.0 PIMCO Total Return Instl BBgBarc US Agg Bond TR USD US Fund Intermediate Core­Plus Bond ReturnReturns As of Date: 9/30/2020 Calcula�on Benchmark: BBgBarc US Agg Bond TR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years 0.0 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 1.5 7.7 7.4 5.2 4.7 4.0 0.6 6.8 7.0 5.2 4.2 3.6 1.6 6.0 6.4 4.8 4.3 3.9 PIMCO Total Return Instl BBgBarc US Agg Bond TR USD US Fund Intermediate Core­Plus Bond ReturnRisk­Reward Time Period: 10/1/2015 to 9/30/2020 Std Dev 0.0 1.0 2.0 3.0 4.0 5.0 6.0 0.0 1.0 2.0 3.0 4.0 5.0 6.0 7.0 ReturnPIMCO Total Return Instl ­ Risk Time Period: 10/1/2015 to 9/30/2020 Calcula�on Benchmark: BBgBarc US Agg Bond TR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Informa�on Ra�o (geo) Tracking Error 4.74 3.22 0.99 0.73 0.94 83.08 0.41 1.34 4.18 3.15 0.00 0.00 1.00 100.00 0.00 Monthly Es�mated Fund­Level Net Flow Time Period: 10/1/2015 to 9/30/2020 2016 2018 2020 ­4,000M ­2,000M 0M 2,000M PIMCO Total Return Instl Source: Morningstar Direct, as of September 30, 2020. Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. PGIM Total Return Bond R6 PTRQX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Intermediate Core­Plus Bond ÙÙÙÙÙ 12/27/2010 0.39 61,245.80 9/30/2020 Mul�ple PGIM Total Return Bond R6 ­ Fixed­Inc Sectors (Morningsta Por�olio Date: 9/30/2020 % Government 13.8 Government Related 4.0 Bank Loan 1.0 Conver�ble 1.1 Corporate Bond 28.1 Agency Mortgage­Backed 1.7 Commercial Mortgage­Backed 9.8 Asset­Backed 15.5 Cash & Equivalents 4.8 Forward/Future 18.2 Other 1.9 Total 100.0 Morningstar Style Box ­ PGIM Total Return Bond R6 Por�olio Date: 9/30/2020 Morningstar Fixed Income Style Box™Low Med High Ltd Mod Ext Fixed­Income Stats Average Eff Dura�on 6.8 Average Eff Maturity ­ Average Coupon 3.7 Average Price 110.2 YTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le PGIM Total Return Bond R6 BBgBarc US Agg Bond TR USD US Fund Intermediate Core­Plus Bond 5.59 5.96 5.64 5.30 6.79 6.98 5.24 4.18 3.64 6.02 6.42 4.82 4.32 3.94 3 3 1 1 2 2 2 3 3 3 3 3 3 2 Rolling Returns Time Period: 10/1/2015 to 9/30/2020 Rolling Window: 3 Years 3 Months shi� Calcula�on Benchmark: BBgBarc US Agg Bond TR USD 10 11 12 2019 01 02 03 04 05 06 07 08 09 10 11 12 2020 01 02 03 04 05 06 07 08 09 0.0 2.0 4.0 6.0 PGIM Total Return Bond R6 BBgBarc US Agg Bond TR USD US Fund Intermediate Core­Plus BondReturnPerformance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ Intermediate Core­Plus Bond Calcula�on Benchmark: BBgBarc US Agg Bond TR USD 2.0 4.0 6.0 8.0 10.0 YTD 1 year 3 years 5 years 10 years 12.0 PGIM Total Return Bond R6 BBgBarc US Agg Bond TR USD US Fund Intermediate Core­Plus Bond ReturnReturns As of Date: 9/30/2020 Calcula�on Benchmark: BBgBarc US Agg Bond TR USD Quarter YTD 1 Year 3 Years 5 Years 10 Years 0.0 0.8 1.5 2.3 3.0 3.8 4.5 5.3 6.0 6.8 7.5 1.8 5.6 6.0 5.6 5.3 0.6 6.8 7.0 5.2 4.2 3.6 1.6 6.0 6.4 4.8 4.3 3.9 PGIM Total Return Bond R6 BBgBarc US Agg Bond TR USD US Fund Intermediate Core­Plus Bond ReturnRisk­Reward Time Period: 10/1/2015 to 9/30/2020 Std Dev 0.0 1.0 2.0 3.0 4.0 5.0 6.0 0.0 1.0 2.0 3.0 4.0 5.0 6.0 7.0 ReturnPGIM Total Return Bond R6 ­ Risk Time Period: 10/1/2015 to 9/30/2020 Calcula�on Benchmark: BBgBarc US Agg Bond TR USD Inv Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Informa�on Ra�o (geo) Tracking Error 4.18 3.15 0.00 0.00 1.00 100.00 0.00 5.30 4.88 2.69 0.44 1.24 63.14 0.35 3.05 Monthly Es�mated Fund­Level Net Flow Time Period: 10/1/2015 to 9/30/2020 2016 2018 2020 ­750M 0M 750M 1,500M 2,250M PGIM Total Return Bond R6 Source: Morningstar Direct, as of September 30, 2020. Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. BlackRock Event Driven Equity Instl BILPX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Market Neutral ÙÙÙÙÙ 12/19/2007 1.36 5,748.93 8/31/2020 Mark McKenna Correla�on Matrix Time Period: 1/1/2008 to 9/30/2020 1 2 3 1.00 0.02 1.00 0.81 0.03 1.00 1 BlackRock Event Driven Equity Instl 2 BBgBarc US Agg Bond TR USD 3 S&P 500 TR (1989) 1.00 to 0.80 0.80 to 0.60 0.60 to 0.40 0.40 to 0.20 0.20 to 0.00 0.00 to ­0.20 ­0.20 to ­0.40 ­0.40 to ­0.60 ­0.60 to ­0.80 ­0.80 to ­1.00 Return Distribu�on - BlackRock Event Driven Equity Instl Time Period: Since Incep�on to 9/30/2020 ­15.0 ­11.0 ­7.0 ­3.0 1.0 5.0 9.0 13.0 15.0 0.0 10.0 20.0 30.0 40.0 50.0 60.0 70.0 80.0 BlackRock Event Driven Equity Instl US Fund Market NeutralNumber of PeriodsYTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le BlackRock Event Driven Equity Instl US Fund Market Neutral 2.47 3.93 4.74 5.86 9.51 ­2.54 ­2.46 ­0.69 0.31 0.37 2 2 1 1 1 3 3 3 3 4 Drawdown Time Period: 10/1/2015 to 9/30/2020 2016 2017 2018 2019 2020 ­6.0 ­5.0 ­4.0 ­3.0 ­2.0 ­1.0 0.0 BlackRock Event Driven Equity Instl US Fund Market Neutral Performance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ Market Neutral ­20.0 ­15.0 ­10.0 ­5.0 0.0 YTD 1 year 3 years 5 years 10 years 5.0 10.0 15.0 BlackRock Event Driven Equity Instl US Fund Market Neutral ReturnReturns As of Date: 9/30/2020 Calcula�on Benchmark: US Fund Market Neutral Quarter YTD 1 Year 3 Years 5 Years 10 Years ­6.0 ­4.0 ­2.0 0.0 2.0 4.0 6.0 8.0 10.0 12.0 2.1 2.5 3.9 4.7 5.9 9.5 0.9 ­2.5 ­2.5 ­0.7 0.3 0.4 BlackRock Event Driven Equity Instl US Fund Market Neutral ReturnRisk-Reward Time Period: 10/1/2017 to 9/30/2020 Std Dev 0.0 2.0 4.0 6.0 8.0 10.0 12.0 ­12.0 ­9.0 ­6.0 ­3.0 0.0 3.0 6.0 9.0 BlackRock Event Driven Equity Instl US Fund Market NeutralReturn BlackRock Event Driven Equity Instl - Risk Time Period: Since Incep�on to 9/30/2020 Calcula�on Benchmark: US Fund Market Neutral Inv Bmk1 +/­ Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 5.54 13.41 8.96 7.41 2.88 17.56 0.37 12.75 0.00 1.93 0.00 0.00 1.00 100.00 ­0.32 0.00 5.54 11.48 8.96 7.41 1.88 ­82.44 0.69 12.75 Monthly Es�mated Fund-Level Net Flow Time Period: 10/1/2015 to 9/30/2020 2016 2018 2020 ­200M 0M 200M 400M 600M BlackRock Event Driven Equity Instl Es�mated Fund­ L e v e l M o n t h l y R e t u r n Source: Morningstar Direct, as of September 30, 2020, Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. BlackRock Strategic Income Opps K BSIKX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Nontradi�onal Bond ÙÙÙÙ 3/28/2016 0.76 32,763.03 7/31/2020 Mul�ple Correla�on Matrix Time Period: 4/1/2016 to 9/30/2020 1 2 3 1.00 0.29 1.00 0.69 ­0.02 1.00 1 BlackRock Strategic Income Opps K 2 BBgBarc US Agg Bond TR USD 3 S&P 500 TR (1989) 1.00 to 0.80 0.80 to 0.60 0.60 to 0.40 0.40 to 0.20 0.20 to 0.00 0.00 to ­0.20 ­0.20 to ­0.40 ­0.40 to ­0.60 ­0.60 to ­0.80 ­0.80 to ­1.00 Return Distribu�on - BlackRock Strategic Income Opps K Time Period: Since Incep�on to 9/30/2020 ­8.0 ­6.0 ­4.0 ­2.0 0.0 2.0 4.0 6.0 8.0 0.0 4.0 8.0 12.0 16.0 20.0 24.0 28.0 32.0 36.0 BlackRock Strategic Income Opps K US Fund Nontradi�onal BondNumber of PeriodsYTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le BlackRock Strategic Income Opps K US Fund Nontradi�onal Bond ­0.37 1.34 1.81 2.70 2.05 3.03 4.70 3.702 2 1 3 3 3 3 3 Drawdown Time Period: 10/1/2015 to 9/30/2020 2016 2017 2018 2019 2020 ­8.0 ­6.0 ­4.0 ­2.0 0.0 BlackRock Strategic Income Opps K US Fund Nontradi�onal Bond Performance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ Nontradi�onal Bond ­12.5 ­10.0 ­7.5 ­5.0 ­2.5 YTD 1 year 3 years 5 years 10 years 0.0 2.5 5.0 7.5 10.0 BlackRock Strategic Income Opps K US Fund Nontradi�onal Bond ReturnReturns As of Date: 9/30/2020 Calcula�on Benchmark: US Fund Nontradi�onal Bond Quarter YTD 1 Year 3 Years 5 Years 10 Years ­1.5 ­0.8 0.0 0.8 1.5 2.3 3.0 3.8 4.5 5.3 2.8 3.0 4.7 3.7 2.3 ­0.4 1.3 1.8 2.7 2.0 BlackRock Strategic Income Opps K US Fund Nontradi�onal Bond ReturnRisk-Reward Time Period: 10/1/2017 to 9/30/2020 Std Dev 0.0 3.0 6.0 9.0 12.0 15.0 ­3.0 ­1.0 1.0 3.0 5.0 7.0 BlackRock Strategic Income Opps K US Fund Nontradi�onal BondReturn BlackRock Strategic Income Opps K - Risk Time Period: Since Incep�on to 9/30/2020 Calcula�on Benchmark: US Fund Nontradi�onal Bond Inv Bmk1 +/­ Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 3.094.32 4.254.03 0.000.62 0.00 1.00 100.00 0.43 0.00 1.35 0.91 91.94 0.75 1.21 1.23 ­0.22 0.62 1.35 ­0.09 ­8.06 0.33 1.21 Monthly Es�mated Fund-Level Net Flow Time Period: 3/1/2016 to 9/30/2020 2016 2018 2020 ­4,000M ­2,000M 0M 2,000M BlackRock Strategic Income Opps K Es�mated Fund­ L e v e l M o n t h l y R e t u r n Source: Morningstar Direct, as of September 30, 2020, Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. Eaton Vance Glb Macr Absolt Retrn R6 EGMSX Key Informa�on Morningstar Category Morningstar Ra�ng Overall Incep�on Date Expense Ra�o Fund Size (Mil) Por�olio Date Manager Name US Fund Nontradi�onal Bond ÙÙÙ 5/31/2017 0.69 3,173.19 7/31/2020 Mul�ple Correla�on Matrix Time Period: 6/1/2017 to 9/30/2020 1 2 3 1.00 0.16 1.00 0.66 ­0.01 1.00 1 Eaton Vance Glb Macr Absolt Retrn R6 2 BBgBarc US Agg Bond TR USD 3 S&P 500 TR (1989) 1.00 to 0.80 0.80 to 0.60 0.60 to 0.40 0.40 to 0.20 0.20 to 0.00 0.00 to ­0.20 ­0.20 to ­0.40 ­0.40 to ­0.60 ­0.60 to ­0.80 ­0.80 to ­1.00 Return Distribu�on - Eaton Vance Glb Macr Absolt Retrn R6 Time Period: Since Incep�on to 9/30/2020 ­8.0 ­6.0 ­4.0 ­2.0 0.0 2.0 4.0 6.0 8.0 0.0 4.0 8.0 12.0 16.0 20.0 24.0 28.0 Eaton Vance Glb Macr Absolt Retrn R6 US Fund Nontradi�onal BondNumber of PeriodsYTD Peer group quar�le 1 year Peer group quar�le 3 years Peer group quar�le 5 years Peer group quar�le 10 years Peer group quar�le Eaton Vance Glb Macr Absolt Retrn R6 US Fund Nontradi�onal Bond 0.84 3.96 2.70 ­0.37 1.34 1.81 2.70 2.05 3 2 2 3 3 3 3 3 Drawdown Time Period: 10/1/2015 to 9/30/2020 2016 2017 2018 2019 2020 ­8.0 ­6.0 ­4.0 ­2.0 0.0 Eaton Vance Glb Macr Absolt Retrn R6 US Fund Nontradi�onal Bond Performance Rela�ve to Peer Group Peer Group (5­95%): Funds ­ U.S. ­ Nontradi�onal Bond ­12.5 ­10.0 ­7.5 ­5.0 ­2.5 YTD 1 year 3 years 5 years 10 years 0.0 2.5 5.0 7.5 10.0 Eaton Vance Glb Macr Absolt Retrn R6 US Fund Nontradi�onal Bond ReturnReturns As of Date: 9/30/2020 Calcula�on Benchmark: US Fund Nontradi�onal Bond Quarter YTD 1 Year 3 Years 5 Years 10 Years ­1.5 ­0.8 0.0 0.8 1.5 2.3 3.0 3.8 4.5 1.1 0.8 4.0 2.7 2.3 ­0.4 1.3 1.8 2.7 2.0 Eaton Vance Glb Macr Absolt Retrn R6 US Fund Nontradi�onal Bond ReturnRisk-Reward Time Period: 10/1/2017 to 9/30/2020 Std Dev 0.0 3.0 6.0 9.0 12.0 15.0 ­3.0 ­1.0 1.0 3.0 5.0 7.0 Eaton Vance Glb Macr Absolt Retrn R6 US Fund Nontradi�onal BondReturn Eaton Vance Glb Macr Absolt Retrn R6 - Risk Time Period: Since Incep�on to 9/30/2020 Calcula�on Benchmark: US Fund Nontradi�onal Bond Inv Bmk1 +/­ Bmk1 Return Std Dev Downside Devia�on Alpha Beta R2 Sharpe Ra�o (arith) Tracking Error 2.03 4.83 0.00 0.00 1.00 100.00 0.10 0.00 2.69 4.98 1.43 0.69 0.94 83.03 0.23 2.08 0.66 0.14 1.43 0.69 ­0.06 ­16.97 0.13 2.08 Monthly Es�mated Fund-Level Net Flow Time Period: 5/1/2017 to 9/30/2020 2017 2018 2019 2020 ­1,500M ­1,000M ­500M 0M 500M Eaton Vance Glb Macr Absolt Retrn R6 Es�mated Fund­ L e v e l M o n t h l y R e t u r n Source: Morningstar Direct, as of September 30, 2020, Informa�on provided herein was obtained from third­party sources deemed reliable. HighMark and its affiliates make no representa�ons or warran�es with respect to the �meliness, accuracy, or completeness of the informa�on and bear no liability for any loss arising from its use. RECOMMENDATION(S): ADOPT Resolution No. 2020/303 to approve and authorize the Employment and Human Services Director, or designee, to enter into and sign the Economic Development Department Base Wage Data File Match Agreement No. 20-1006. FISCAL IMPACT: No Fiscal impact. BACKGROUND: The State of California, Department of Social Services issued an All County Information Notice (No. 1-62-18), dated September 28, 2019 to provide information to County Welfare Departments (CWDs) regarding the EDD Base Wage Data File Match agreement requirements, data file transfer processes, and allowable use of recipient matched data. EDD, in partnership with CDSS, offers this data for free, and a MOU agreement is required between the CDSS and each county that chooses to opt-in to match public assistance recipient data to the EDD’s base wage data. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 60 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:November 17, 2020 Contra Costa County Subject:Economic Development Department Base Wage Data Match Agreement BACKGROUND: (CONT'D) Pros and cons of request: Pros: Contra Costa County is to be provided access to confidential data for the sole purpose of conducting program evaluations. EHSD shall use the quarterly EDD base wage data to understand labor market participation of its employment services clients (e.g., California Work Opportunity and Responsibility to Kids (CalWORKs), CalFresh Employment & Training, and County General Assistance program clients in Contra Costa County). Ability to enter into research agreements (i.e. with Stanford University) which require EDD base wage data. Access to wage match data will facilitate analysis to inform decision-making and improve customer service. Cons: Data is only available quarterly. CONSEQUENCE OF NEGATIVE ACTION: EDD Wage Match Agreement will not be completed. Negative action will indefinitely delay the receipt of EDD Wage Match data and will stall current projects. AGENDA ATTACHMENTS Resolution 2020/303 MINUTES ATTACHMENTS Signed Resolution No. 2020/303 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/17/2020 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2020/303 In The Matter Of: Economic Development Department (EDD) Base Wage Data File Match Agreement A RESOLUTION AUTHORIZING the designated official to enter into and sign EDD Base Wage Data File Match Agreement, No. 20-1006. WHEREAS, the State of California, Department of Social Services issued an All County Information Notice (No. 1-62-18), dated September 28, 2019 to provide information to County Welfare Departments (CWDs) regarding the EDD Base Wage Data File Match agreement requirements, data file transfer processes, and allowable use of recipient matched data; and, WHEREAS, a MOU agreement is required between the CDSS and each county that chooses to opt-in to match public assistance recipient data to the EDD’s base wage data; and WHEREAS, The MOU includes the CDSS’s formal agreement with the EDD, the EDD’s Confidentiality and Indemnity Agreements and the EDD’s Statement of Responsibility Information Security Certification document. Compliance with Division 19, Confidentiality of Information, of the CDSS is required as well. Any CWD that would like to utilize these services and enter into a MOU with the CDSS must accept all terms and conditions set forth in the entire Agreement; and WHEREAS, Contra Costa County, herein referred to as the Contractor, is to be provided access to confidential data for the sole purpose of conducting program evaluations. Contractor shall use the quarterly EDD base wage data to understand labor market participation of its employment services clients (e.g., California Work Opportunity and Responsibility to Kids (CalWORKs), CalFresh Employment & Training, and County General Assistance program clients in Contra Costa County). This Agreement provides authorization for use of this confidential data solely for evaluation purposes described in this Agreement; and, WHEREAS, the Research and Evaluation Manager, Employment and Human Services Department, or her designee, is hereby authorized and directed to act on behalf of Contra Costa County in connection with the EDD Base Wage Data File Match Agreement, and to enter into, execute and deliver any and all documents required or deemed necessary or appropriate to execute the Agreement, and all amendments hereto; and, WHEREAS, Contra Costa County shall be subject to the terms and conditions specified in the EDD Base Wage Data File Match Agreement in accordance with the Agreement and other applicable rules and laws. Now, Therefore, Be It Resolved; The Contra Costa County Board of Supervisors approve and authorize Employment and Human Services Department Director, or designee, to enter into and sign the EDD Base Wage Data File Match Agreement with the California Department of Social Services, No. 20-1006 for the period of July 1, 2020 through June 30, 2022. Contact: Elaine Burres 608-4960 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: RECOMMENDATION(S): APPROVE the Second Amended 2019/2020 North Richmond Waste and Recovery Mitigation Fee Expenditure Plan (Exhibit A), with updated funding allocations applicable to previously approved activities for the period of July 1, 2019 through June 30, 2020, as recommended by the North Richmond Waste and Recovery Mitigation Fee Joint Expenditure Planning Committee (NRMFC). APPROVE the Amended 2020/2021 North Richmond Waste and Recovery Mitigation Fee Expenditure Plan (Exhibit B), identifying the activities authorized to be funded with Mitigation Fee revenue and respective funding allocations for the period of July 1, 2020 through June 30, 2021, as recommended by the North Richmond Waste and Recovery Mitigation Fee Joint Expenditure Planning Committee. FISCAL IMPACT: The proposed action will not have an impact on the County’s General Fund. Mitigation Fee revenue is used to cover the costs incurred by the County and City for any activities (Strategies) authorized to be funded under the applicable North Richmond Waste and Recovery Mitigation Fee Expenditure Plan approved by the County and City of Richmond. Each annual Expenditure Plan includes a Contingency line item in the budget to serve as a cushion for potential revenue shortfalls, and staff anticipates that there will be sufficient funding in the Contingency fund for this purpose. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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: Justin Sullivan, (925) 674-7812 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 61 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:November 17, 2020 Contra Costa County Subject:North Richmond Waste and Recovery Mitigation Fee Expenditure Plans - Second Amended 2019-2020 and Amended 2020-2021 BACKGROUND: New Expenditure Plans and/or modifications to existing Expenditure Plans (Amended Expenditure Plan) must be approved by both the County Board of Supervisors and Richmond City Council to officially authorize use of North Richmond Waste and Recovery Mitigation Fee funding. The purpose of this North Richmond Mitigation Fee (NRMF) is to mitigate designated impacts resulting from the County and City approved land use permits for the expanded Bulk Material Processing Center (BMPC) located in North Richmond. Summary of Changes to the Second Amended 2019/2020 Expenditure Plan The NRMFC recommended 2019/2020 NRMF Expenditure Plan was approved by the County Board of Supervisors in June 2019 and Richmond City Council in July 2019. On October 30, 2019, the NRMFC voted to recommend that the County Board of Supervisors and Richmond City Council approve an Amended 2019/2020 NRMF Expenditure Plan. On October 16, 2020, the NRMFC voted to recommend that the County Board of Supervisors and Richmond City Council approve a Second Amended 2019/2020 NRMF Expenditure Plan (Exhibit A) that incorporates the following changes: - move $5,201.37 from the Contingency line item to increase the funding for Strategy 4 and reduce the Contingency line item accordingly, - modified wording in the Administering Agencies sections of Strategies 9 and 12. Summary of Changes to the Amended 2020/2021 Expenditure Plan The NRMFC recommended 2020/2021 NRMF Expenditure Plan was approved by the County Board of Supervisors and Richmond City Council in in June 2019. On October 16, 2020, the NRMFC voted to recommend that the County Board of Supervisors and Richmond City Council approve an Amended 2020/2021 NRMF Expenditure Plan that incorporates the following changes: - Shifting funding from Strategy 14 to Strategy 15 The proposed changes are shown in the Expenditure Plan Budget Table (page 3) of Exhibit B. CONSEQUENCE OF NEGATIVE ACTION: If the Second Amended 2019/2020 Expenditure Plan is not approved by the County Board of Supervisors and the Richmond City Council, the City would not be eligible to receive reimbursement for the excess costs incurred for the annual period that ended on June 30, 2020. Furthermore, if the Amended 2020/2021 Expenditure Plan is not approved by the Board, the City would not be able to operate the Mobile Tool Lending Library (Strategy 15) as frequently nor make it as accessible to the North Richmond community. ATTACHMENTS Exhibit A - Second Amended 2019/20 EP Exhibit B - Amended 2020/21 EP North Richmond Waste & Recovery Mitigation Fee Second Amended 2019/20 Expenditure Plan The Waste & Recovery Mitigation Fee was established as a result of the Draft Environmental Impact Report (EIR) dated November 2003 for the WCCSL Bulk Materials Processing Center (BMPC) and Related Actions (Project). The Project involved new and expanded processing and resource recovery operations on both the incorporated and unincorporated area of the Project site, which the EIR concluded would impact the host community. To mitigate this impact Mitigation Measure 4-5 called for a Mitigation Fee to benefit the host community, described as follows: “Mitigation Fee. The facility operator shall pay a Mitigation Fee of an amount to be determined by the applicable permitting authority(ies) to defray annual costs associated with collection and disposal of illegally dumped waste and associated impacts in North Richmond and adjacent areas. The mitigation fee should be subject to the joint-control of the City and County and should be collected on all solid waste and processible materials received at the facility consistent with the existing mitigation fee collected at the Central IRRF.” In July 2004, the City of Richmond and Contra Costa County entered into a Memorandum of Understanding (MOU) agreeing to jointly administer Mitigation Fee monies collected from the BMPC for the benefit of the incorporated and unincorporated North Richmond area. This North Richmond Waste & Recovery Mitigation Fee Joint Expenditure Planning Committee (Committee) was formed pursuant to the terms of the MOU for the specific purpose of preparing a recommended Expenditure Plan. This Expenditure Plan provides a means to jointly administer the Mitigation Fee funding for the benefit of the host community, as described in the EIR. The Expenditure Plan is subject to final approval of the Richmond City Council and the Contra Costa County Board of Supervisors. By approving this Expenditure Plan, the City Council and Board of Supervisors authorize the use of Mitigation Fee funding for only the purposes and in the amounts specified herein. The City and County have each designated their respective staff persons responsible for administering the development and implementation of the approved Expenditure Plan, which includes responsibility for drafting and interpreting Expenditure Plan language. However, the City and County have not delegated to the Committee or to staff the authority to expend funding for purposes not clearly identified in the Expenditure Plan document officially approved by their respective decision-making bodies. Activities which can be funded in this Expenditure Plan period with the Mitigation Fee amounts specified within this Expenditure Plan are described herein as “Strategies” or “Staff Costs”. Strategies are categorized as either “Core Services” or “Supplemental Enhancements”. Core Services includes the higher funding priority strategies that most directly address the intended purpose of this City/County approved Mitigation Fee, “to defray annual costs associated with collection and disposal of illegally dumped waste and associated impacts in North Richmond”. All references to the “Mitigation Fee Primary Funding Area” or “Mitigation Fee Funding Area” pertain to the geographic area shown in the attached map (Attachment 4). Expenditure Plan Period: July 1, 2019 - June 30, 2020 (unless otherwise specified herein) Second Amended 2019/2020 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee - Page 2 of 12 - BUDGET The funding allocation amounts included in this document apply to the Expenditure Plan Period specified on the first page unless otherwise specified herein. The total amount of funding allocated in the Expenditure Plan Budget is based on revenue projections provided by the BMPC operator, Republic Service, which are dependent upon multiple variables (e.g. number of tons of recovered materials vs. solid waste, per ton gate rate charged and amount of CPI- adjusted per ton Mitigation Fee). Actual Mitigation Fee revenue may deviate from revenue projections provided by Republic and used to prepare this Budget. A “Contingency” line item is included in the Budget to help accommodate variations between projected and actual revenue. Excess funding allocated to strategies and not expended by the end of each Expenditure Plan period is treated as “roll-over” funding for reallocation in a subsequent Expenditure Plan period. The Budget includes some line items that are based on fixed costs, however there are other line items which are scalable and/or dependent on utilization thereby providing flexibility to reallocate amounts if and when a significant need is identified. Allocated funding may remain unspent due to under-utilization of a particular program. If the amount allocated to a particular line item is determined to exceed needs based upon usage, the remaining funding can only be reallocated by officially amending the Expenditure Plan. This Expenditure Plan may only be adjusted upon official action taken by both the City and County. Although there has been some interest in allowing flexibility for staff to adjust funding allocations under specific circumstances, the authority to approve or modify the Expenditure Plan rests solely with the City Council and Board of Supervisors. Annual fiscal year Expenditure Plan cycle is expected to reduce margin of error of Mitigation Fee revenue projects, streamline financial reconciliation/budgeting process and minimize need to amend Expenditure Plans mid-cycle. Amending Expenditure Plans involve administrative burden and costs due to the joint approval needed from both the Richmond City Council and County Board of Supervisors. In order to minimize the amount of funding needed to cover staff costs incurred to amend the Expenditure Plan, staff will only recommend changes to the Expenditure Plan when necessary to address a significant and time-sensitive need. NORTH RICHMOND MITIGATION FEE EXPENDITURE PLAN BUDGET #Expenditure Plan (EP) Strategy (EP Cycle: July 1, 2019 thru June 30, 2020) Second Amended Budget Allocations 1 Bulky Item Pick-ups & Disposal Vouchers 2,000.00$ 2 Neighborhood Clean-ups 30,000.00$ 3 Prevention Services Coordinator 50,726.75$ 4 City/County Right-of-Way Pick-ups 35,201.37$ 5 Code Enforcement - County 102,056.22$ 6 Illegal Dumping Law Enforcement 195,349.22$ 7 Surveillance Cameras 12,000.00$ 8 Community Services Coordinator $ 90,909.09 9 Community-Based Projects (See Attachment 2)142,981.12$ 10 North Richmond Green Community Service Programs 20,042.00$ 11 North Richmond Green Campaign 10,500.00$ 12 Neighborhood Community Garden Projects (See Attachment 3)46,733.25$ Contingency (9.3 % of Projected Revenue)71,257.70$ Subtotal (without Committee Staffing)809,756.72$ X Committee Administration/Staffing 109,246.17$ Total Projected Revenue in 2019/20 (July 1, 2019 thru June 30, 2020)764,591.00$ 154,411.89$ 919,002.89$ Core Services* Modification included in the recommended Second Amended 2019-20 EP Budget: Shift $5,201.37 from Contingency to Strategy 4 - City/County Right-of-Way Pick-ups.Supplemental EnhancementsRoll-over Funding from Prior EP Cycle(s) Total 2019/20 Expenditure Plan Budget - Page 3 of 12 - Second Amended 2019/2020 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee - Page 4 of 12 - DESCRIPTION OF STRATEGIES RECOMMENDED FOR FUNDING Funding allocation amounts for each strategy are specified in the Budget table on page 3. The following Strategies describe the activities allowed to be funded with the amounts allocated to each in the Budget (associated allowable agency staff costs are described in the Staff Costs section). Strategies are grouped based on relative funding priority levels and the “Core Services” category contains higher priority Strategies than the “Supplemental Enhancements” category. Higher funding priority Strategies are those which best address the Fee’s intended purpose, “to defray annual costs associated with collection and disposal of illegally dumped waste and associated impacts in North Richmond”) and “Supplemental Enhancements”. Level 1 Priority - PRIMARY CORE SERVICES STRATEGIES • 1 - Bulky Item Pick-ups & Disposal Vouchers • 2 - Neighborhood Clean-up Events • 4 - City/County Right-of-Way Trash & Tagging Removal • 5 - Code Enforcement - County • 6 - Illegal Dumping Law Enforcement Level 2 Priority - SECONDARY CORE SERVICES STRATEGIES • 3 - Prevention Services Coordinator • 7 - Surveillance Cameras Level 3 Priority - PRIMARY SUPPLEMENTAL ENHANCEMENTS STRATEGIES • 8 - Community Services Coordinator • 9 - Community Based Projects (SOME) • 11 - North Richmond Green Campaign • 12 – Neighborhood Community Garden Projects Level 4 Priority - SECONDARY SUPPLEMENTAL ENHANCEMENTS STRATEGIES • 9 - Community Based Projects (SOME) • 10 - North Richmond Green Community Service Programs CORE SERVICES 1. Bulky Item Pick-ups & Disposal Vouchers Provide residents in the Mitigation Fee Primary Funding Area, who prove eligibility consistent with City/County procedures, with the option of choosing to: o Request up to one on-call pick-up service per household per calendar year for bulky items that are not accepted in the current on-call clean-ups through Richmond Sanitary Service (RSS), only available to those with an active account with RSS; or o Request up to twelve $5 vouchers per household for disposal at Republic’s transfer station on Parr Blvd. per calendar year (vouchers expire after six months, Mitigation Fees only pay for vouchers that are actually redeemed). [See “Staff Costs” section for agency activities that may also be funded under this Strategy.] Second Amended 2019/2020 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee - Page 5 of 12 - 1 Administering agency contracting charge applies ($3,000 per contract) Administering Agency: City of Richmond Implementing Entity(ies): Community Housing Development Corporation (processes requests and issues Disposal Vouchers/arranges Bulky Item Pick-ups) Republic Services - Golden Bear Transfer Station & Richmond Sanitary Service (reimbursed for Disposal Vouchers redeemed and Bulky Item Pick-ups provided) Reporting/Payment Requirements: Effective July 1, 2012, CHDC and Republic Services shall provide required data pertinent to Strategy 1 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments. 2. Neighborhood Clean-ups Provide at least one neighborhood and/or creek clean-up event in the Mitigation Fee Funding Area; additional clean-up event may be scheduled as funding allows. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.] Administering Agency: City of Richmond Implementing Entity(ies): City Manager’s Office (coordinates scheduling of clean-up dates and associated arrangements in conjunction with partner entities) Republic Services - Richmond Sanitary Service (reimbursed for providing/servicing clean-up boxes and disposing of debris placed in clean-up boxes) Reporting/Payment Requirements: Effective July 1, 2012, the City Manager’s Office and Republic Services shall provide required data pertinent to Strategy 2 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments (funding transfers). 3. Prevention Services Coordinator Fund at least a portion of a Prevention Services Coordinator (PSC) position (including salary/benefits/overhead and administering agency contracting charge1) on a contract basis to assist the City and County in implementing Strategy 1 as the point of contact for community members interested in claiming Disposal Vouchers or Bulky-Item Pick ups. Assist community members interested in reporting illegal dumping and seeking referral/resources. Track and report data related to illegally dumped waste collected by Republic Services Hot Spot Crew and handle associated referrals to applicable public agencies, including right-of-way referrals Second Amended 2019/2020 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee - Page 6 of 12 - for Strategy 4. The PSC may also assist City and County with administering funding allocated to selected non-profit organizations under Strategies 9 and 12. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.] Administering Agency: Contra Costa County Implementing Entity: Community Housing Development Corporation (CHDC) (reimbursed actual cost for part-time position and issues Disposal Vouchers/arranges Bulky Item Pick-ups) Reporting/Payment Requirements: Effective July 1, 2012, CHDC shall provide required data pertinent to Strategy 1 and Strategy 3 based upon the strategy- specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments. 4. City/County Right-of-Way Pick-up & Tagging Abatement Fund consolidated pick-up program (including personnel, mileage, equipment rental and administrative costs) for removal of illegal dumping and tagging abatement* in the public right-of-way located within the unincorporated & incorporated Mitigation Fee Primary Funding Area. Additional tasks would include identifying potential sites for Strategy 9 clean-up projects. Funding is intended to pay for removal of illegal dumping that occurs as a result of referrals from the Prevention Services Coordinator for items/debris not collected by the designated Republic Services Hot Spot Route crew. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.] Administering Agency: City of Richmond Implementing Entity: Richmond Police Department’s Code Enforcement Division Reporting/Payment Requirements: Effective July 1, 2012, the Richmond Police Department’s Code Enforcement Division shall provide required data pertinent to Strategy 4 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF- funded payments (funding transfers). 5. Code Enforcement Staff - County Fund at least a portion of County code enforcement position (including salary/benefits and related vehicle and equipment costs), to assist with vacant/ abandoned lot abatements and fencing as well as other health/building/zoning violations related to illegal dumping and blight throughout the unincorporated Mitigation Funding Area. Additional tasks would include identifying potential sites for Strategy 9 clean-up projects. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.] Second Amended 2019/2020 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee - Page 7 of 12 - Administering Agency: Contra Costa County Implementing Entity: County Department of Conservation & Development’s Building Inspection Division Reporting/Payment Requirements: Effective July 1, 2012, the County Department of Conservation & Development’s Building Inspection Division shall provide required data pertinent to Strategy 5 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments (funding transfers). 6. Illegal Dumping Law Enforcement Fund majority of a full-time Sheriff Deputy (between approximately 90-100% of salary/benefits, overtime, uniform and related cell phone, equipment, and vehicle costs) to assist with law enforcement investigations and patrols to combat illegal dumping within the Mitigation Fee Primary Funding Area. Additional tasks would include identifying potential sites for Strategy 9 clean-up projects. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.] Administering Agency: Contra Costa County Implementing Entity: County Sheriff’s Office Reporting/Payment Requirements: Effective July 1, 2012, the County Sheriff’s Office shall provide required data pertinent to this Strategy based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments (funding transfers). 7. Surveillance Cameras Fund the purchase of cameras, camera infrastructure, camera signage and costs related to maintenance, warranty, repair & relocation of surveillance camera system equipment within the Mitigation Fee Primary Funding Area to assist the dedicated Illegal Dumping Law Enforcement officer in targeting specific locations where illegal dumping occurs most regularly. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.] Administering Agency: Contra Costa County Implementing Entity(ies): Richmond Police Department (operate, move and maintain eight Pan-Tilt-Zoom wireless video surveillance cameras and associated camera system infrastructure throughout NR -AND- install/clean/move FlashCam cameras located within the incorporated NR area if funding is available) County Sheriff’s Department (coordinate monitoring of FlashCams located throughout NR and identify/request relocation of surveillance cameras throughout NR as needed) Second Amended 2019/2020 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee - Page 8 of 12 - County Public Works Department (install/clean/move FlashCam cameras located within the unincorporated NR area upon request if funding is available) Reporting/Payment Requirements: Effective July 1, 2012, each Implementing Entity shall provide required data pertinent to each entity’s applicable Strategy 8 responsibilities based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF- funded payments (funding transfers) now or in the future. SUPPLEMENTAL ENHANCEMENTS 8. Community Services Coordinator Fund at least a portion of a Community Services Coordinator (CSC) position to be staffed on a contract basis (including salary/benefits/overhead and administering agency contracting charge2). The CSC shall: • serve as a link between the community of North Richmond, the City of Richmond, and Contra Costa County for issues related to beautification, illegal dumping, and blight using referral process identified by the City and County; • coordinate outreach activities related to illegal dumping and beautification within the Primary Funding area, as specified by the City/County, including North Richmond Green community service programs and outreach activities described under Strategies 10 & 11; and • be bilingual in order to assist with Spanish translation as needed. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.] Administering Agency: Contra Costa County Implementing Entity: Community Housing Development Corporation (CHDC). Reporting/Payment Requirements: CHDC shall provide required data pertinent to Strategies 8, 10 & 11 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments. 9. Community Based Projects Fund the development, implementation and oversight of a variety of community- based projects with specific focuses on anti-littering, environmental stewardship, blight reduction and/or beautification (including personnel/labor, administrative oversight, materials, equipment and related maintenance costs plus administering agency contracting charges3). Up to 15% of the Non-Profit Implementer Award Amount in Attachment 2 may be used for a fiscal sponsor or administrative oversite. Community Based Projects to be funded were solicited through an open Funding Request Proposal & Application process. Examples of potential project types that may be funded include but are not limited to: 2Administering agency contracting charge is $3,000 per contract. 3Administering agency contracting charge is $3,000 per contract entered into by the County and up to 20% of the per project funding allocation as described in Administering Agencies section below). Second Amended 2019/2020 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee - Page 9 of 12 - a. Neighborhood Landscaping Improvements b. Community Art Projects (e.g. Tile Art, Murals or Safe Routes/Popsicle Project) c. Stipend Beautification Programs Details, including recommended allocation amounts, for each of the selected Community Based Projects to be funded under this Expenditure Plan are contained in the Community Based Projects Table included as Attachment 2. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.] Administering Agencies: Contra Costa County and Community Housing Development Corporation (CHDC) on behalf of the City or County. CHDC may, under contract with the County as a Administering Agency, administer Community Based Project contracts funded under this Strategy for some or all of the new Community Based Projects selected for funding in this Expenditure Plan. CHDC shall use no more than twenty (20) percent (%) of the total amount awarded to each Community-Based Projects (after subtracting City/County contracting cost) listed in Attachment 2 to oversee project implementation, including facilitating review/assessment of reports’ and deliverables. Payments to Implementing Entities for Community-Based Projects shall not be issued by CHDC without the written approval of City and County Committee Staff. Implementing Entity: Various Non-Profit Organizations (see Community Based Projects Tables in Attachment 2 ) Reporting/Payment Requirements: Any Community Based Project contracts issued or amended by the City/County shall incorporate Reporting & Invoicing Requirements equivalent with those shown in Attachment 1. Community-Based Project contracts being administered by CHDC on behalf of either the City or County shall also incorporate Reporting and Invoicing Requirements equivalent with those shown in Attachment 1. Attachment 1 only applies to Community- Based Project contracts with the Implementing Entities. The City and/or County will issue advance payments to CHDC, as needed, to ensure there is adequate funding available to payments requested by Implementing Entities if and when authorized by City and County Staff. Additionally, CHDC would be subject to contractual payment and reporting provisions that differ from those in Attachment 1 due to the nature of the services to be provided. 10. North Richmond Green Community Services Programs Fund the following North Richmond Green programs on a contract basis4 to the extent the specific details submitted are determined to align with the purpose of the Mitigation Fee and Expenditure Plan: • NR Little League Baseball Program - Includes cost of registration and uniforms with customized North Richmond Green patches for up to 5-6 Second Amended 2019/2020 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee - Page 10 of 12 - 4 Administering agency contracting charge applies ($3,000 per contract) teams, season kick-off event/parade, equipment, stipends for game monitoring and oversight, food and transportation. • NR Youth Twilight Basketball Program - Includes cost of registration and uniforms with North Richmond Green patches for up to 5-6 teams, equipment, stipends for game monitoring and oversight, food and transportation. • NR Eco Workshops & Beautification Projects – Eco Workshops and Beautification Projects include school gardens, recycling efforts, beach/creek/neighborhood clean-ups and ecological field trips. May fund the cost of materials, transportation and fees associated with pre-approved community beautification projects such landscaping and murals. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.] Administering Agency: Contra Costa County Implementing Entity: Community Housing Development Corporation (CHDC). Reporting/Payment Requirements: CHDC shall provide required data pertinent to Strategies 8, 10 & 11 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments. 11. North Richmond Green Campaign Fund the design, printing and/or distribution of education and outreach materials on a contract basis4 which must align with the purpose of the Mitigation Fee and Expenditure Plan and be pre-approved by Committee Staff. Outreach materials must include “Jointly funded by City of Richmond & Contra Costa County” unless otherwise specified herein. Outreach materials may be any of the types specified below, however must clearly intend to directly: • Inform the community about Mitigation Fee funded programs/efforts, • Increase participation in Mitigation funded programs/efforts, • Reduce illegal dumping and blight in the Mitigation Fee Funding Area, and/or • Promote beautification in the Mitigation Fee Funding Area. The following type of outreach material expenditures may be funded if reviewed and pre-approved by Committee Staff: • STIPENDS – Pay local community members (youth and adults) to distribute printed outreach materials door-to-door to promote mitigation-funded strategies (Jointly Funded text not applicable to stipend expenses, only materials) • HANDOUTS/MAILERS – Newsletters, flyers, brochures or other documents intended to be handed out or mailed to local residents/organizations. • T-SHIRTS - Shirts shall include the NRGreen.org website to encourage people to learn more about Mitigation funded programs/efforts (local phone number should also be included when possible, however inclusion of Jointly Funded text may not be required) • NR GREEN FESTIVAL – Event held once per year and generally include information booths to raise awareness about mitigation-funded efforts and Second Amended 2019/2020 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee - Page 11 of 12 - 5 Administering agency contracting charge applies ($3,000 per contract) other local beautification efforts as well as fun activities for kids and food. Materials promoting the event shall include the NRGreen.org website as well as a local phone number. • SIGNAGE – Printed or manufactured signage, which includes promotional banners for local events/parades, which should include the NRGreen.org website for Community members to learn more about Mitigation funded programs/efforts. Repair, replacement and removal of NRMF-funded Light Pole Banners. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.] Administering Agency: Contra Costa County Implementing Entity: Community Housing Development Corporation (CHDC). Reporting/Payment Requirements: CHDC shall provide required data pertinent to Strategies 8, 10 & 11 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments. 12. Neighborhood Community Garden Projects Fund on-going maintenance and up-keep of existing community gardens within the Primary Funding Area, which may include a component for stipends, where appropriate, to pay local youth and/or other community members for assisting with Community Garden upkeep and maintenance. Details, including recommended allocation amounts, for each of the selected Neighborhood Community Garden Projects are included in Attachment 3. Up to 15% of the Non-Profit Implementer Award Amount specified in Attachment 3 may be used for a fiscal sponsor or administrative oversite. Neighborhood Community Garden Projects to be funded were solicited through an open Funding Request Proposal & Application process. Projects selected under this Strategy could be funded on an on-going basis if separately awarded funding in multiple Expenditure Plan cycles. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.] Administering Agencies: Contra Costa County5 and the Community Housing Development Corporation (CHDC) on behalf of the City or County. CHDC may, under contract with either the City or County as the Administering Agency, administer Neighborhood Community Garden Project contracts being funded under this Strategy for some or all of the Neighborhood Community Garden Project non-profit organizations selected for funding in this Expenditure Plan. CHDC shall use no more than twenty (20) percent (%) of the total amount awarded to each Projects (after subtracting City/County contracting cost) to oversee project implementation, including facilitating review/assessment of reports and deliverables. Payments to Implementing Entities for Neighborhood Second Amended 2019/2020 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee - Page 12 of 12 - Community Garden Projects shall not be issued by CHDC without the written approval of both City and County Committee Staff. Implementing Entity: Various Non-Profit Organizations (see Neighborhood Community Garden Projects Table in Attachment 3) Reporting/Payment Requirements: Any Neighborhood Community Garden Project contracts issued or amended by the City/County shall incorporate Reporting & Invoicing Requirements equivalent with those shown in Attachment 1. Neighborhood Community Garden Project contracts being administered by CHDC on behalf of the County shall also incorporate Reporting & Invoicing Requirements equivalent with those shown in Attachment 1. Attachment 1 only applies to the Neighborhood Community Garden Project contracts with the Implementing Entities. CHDC would be subject to contractual payment and reporting provisions that differ from those in Attachment 1 due to the nature of the services to be provided. The County will issue advance payments to CHDC, as needed, to ensure there is adequate funding available to payments requested by Implementing Entities if and when authorized by City and County Staff. STAFF COSTS Committee Administration/Staffing Funding: The funding allocated for Committee Administration/Staffing may not be adequate to cover the full cost of staff time necessary for jointly staffing the North Richmond Waste & Recovery Mitigation Fee Joint Expenditure Planning Committee as well as developing, administering and overseeing this Expenditure Plan for the specified period. Supplemental funding allocation may be necessary upon determining actual costs exceed the amount budgeted to cover the intended City/County costs for joint staffing. Strategy-Specific Funding: The cost of City/County staff time spent providing direct implementation assistance and/or coordination for specific Strategies may be covered with a portion of the NRMF funding budgeted for each applicable Strategy. Additionally, a portion of the NRMF funding budgeted for Strategies will be used to pay fixed administering agency contracting charge for each applicable contract (Currently $3,000 per contract. An additional $3,000 may be added to a contract amendment to add additional funding or nonprofits to a contract during an existing contract cycle) unless otherwise specified herein. G:\Conservation\Deidra\Illegal Dumping\BMPC Mitigation Fee Committee\_EPs\2019-2020 Exp Plan\Second Amended EP\Amended 2019-20 NRMF EP.doc Page 1 of 3 Community-Based Project & Neighborhood Community Garden Project Reporting and Invoicing Requirements Substantially equivalent language to be included in all NRMF-funded Community Project Agreements/Amendments Agreements providing for payments using funding allocated for Community Projects must include provisions that address the requirements contained herein. Contractor shall submit Progress Reports covering each invoice period, using a City/County provided template similar to the attached, in conjunction with each monthly invoice in order to be eligible for payment. Contractor shall monitor, document, and report all Project activities associated with the tasks and deliverables described in the agreement and any eligible Project costs for which reimbursement will be requested. Upon completion of work or the end of the contract’s term, Contractor shall submit a Final Report, using a City/County provided template similar to the attached, in conjunction with the final invoice. Task Deliverables The agreement shall assign a dollar amount for each deliverable within each task. Contractor shall only be paid for completed deliverables submitted with all associated supporting documentation. The agreement may include assignment of one dollar amount to multipl e deliverables for a specific task when appropriate to substantiate completion of the required task. The Contracting entity (City of County) may authorize partial payment to Contractor for submittal of incomplete deliverables if solely incomplete due to unusual and unforeseen circumstances beyond the control of the Contractor. Contractor must submit written request asking to receive payment for incomplete deliverable containing an explanation as to what factors beyond the Contractor’s control specifically precluded the Contractor from submitting the completed deliverable and why such could not have been foreseen or avoided by Contractor. Timely Submittal of Invoices A separate Reporting & Invoicing budget line item shall be included in the agreement to facilitate timely submittal of invoices, progress reports and other deliverables. Submittal of monthly invoices shall be included as a deliverable and the exact amount that is payable upon timely submittal of each invoice complete with all required supporting documentation shall be specified. The agreement shall provide that no portion of the Reporting & Invoicing budget line item be paid to Contractor for invoices submitted beyond 30 days of any monthly invoice period, or without the required documentation including completed Progress Reports. Pre-approval Required for Supplies and Materials Unless the exact supplies and materials are specified as preauthorized in the Agreement, Contractor shall obtain pre-approval from the Contracting entity (City or County) prior to incurring supplies and materials expenses for which reimbursement will be requested. To request pre-approval, contractor shall provide written request identifying all proposed supplies and materials as well as an explanation demonstrating its reasonable cost and how said items will aid in the completion of each applicable required task. Attendance of Community Meetings and Events Contractor shall attend one North Richmond Green meeting per quarter during the contract period. Documentation substantiating attendance of required meetings shall be included as a deliverable for this task and be included with all applicable monthly invoice(s). Contractor shall Attachment 1 Page 2 of 3 attend first Mitigation Committee meeting following the end of the Expenditure cycle in which their project was funded to present their project outcomes. Acknowledgment Required on Outreach & Promotional Materials Any printed outreach materials or promotional items must include “Jointly funded by City of Richmond & Contra Costa County”, with the exception of T-Shirts, which Contractor may request Contracting entity pre-approve to include only the NRGreen.org website address. Authorized Advance Payments In order to receive any potential payment in advance, such must be authori zed for the specified Project in Attachment 2 or Attachment 3 of the Expenditure Plan approved by both the County Board of Supervisors and Richmond City Council. No Contractor authorized for advance payment may receive more than ten (10) percent (%) of the approved Implementing Entity Award for this Project. In order to receive any advance payment(s) provided for in the City and County approved Expenditure Plan , the Contractor shall submit a written request to both the City and County Committee Staff detailing the reason(s) advance payment is necessary and how such costs will aid in the completion of each applicable required task. Advance payment requests must be submitted prior to any other invoice. If an advance payment is issued, Contractor shall not be eligible for an additional payment until one of the following occurs: 1. For advance payments used to purchase supplies or materials allowed in the projects approved budget, documentation is submitted and approved proving that the amount paid in advance was used to purchase the intended supplies and materials. 2. For projects that do not include supplies and materials in the project’s approved budget, enough required deliverable documentation is submitted and approved to offset the amount paid in advance. Conflict of Interest Provisions Contractor shall not employ, subcontract with, or make payment to any person, for the purpose of implementing a specified Project in Attachment 2 or Attachment 3 of the Expenditure Plan that is at the same time employed by Con tra Costa County, City of Richmond or any entity that receives Expenditure Plan funding from the County or the City of Richmond, except upon written approval by the Contracting entity (either City or County). Payment Provisions Contractor shall submit invoices and required deliverables on a monthly basis consistent with the amounts and frequency contained in the “Eligible Costs” Section, which together may not total more than $ (enter applicable contract amount). Contractor will only receive payment for eligible costs if such amounts are included on invoices adequately substantiated with required supporting documentation that are all submitted to the Contracting entity on or before July 30th. Invoices or portions thereof for which required supporting documentation has not been submitted by July 30th (or 30 days after any contract end date prior to June 30th) shall not be eligible for payment. 1. Invoices: Invoices shall be submitted monthly and contain the following information in sufficient detail and be submitted in a form, which adequately demonstrates consistency with the “Service Plan” specified in the contract. Invoices shall be accompanied by the applicable deliverables. Page 3 of 3 a. Itemization of any tasks partially or fully completed during the applicable calendar month for which completed deliverables are submitted and associated deliverable payment amount is being requested. b. Itemization of any supplies & materials expenses incurred for which reimbursement is being requested within that invoice period. 2. Supporting Documentation: The following required supporting documentation must be submitted with invoices when applicable as described below. a. Every invoice must be accompanied by a Progress Report, with the exception of the final invoice, which must be accompanied by a Final Report. Both types of Reports must contain all of the information specified in the City/County provided Report templates, as well as any applicable details specified in the Service Plan as a Contractor’s Obligation. b. All applicable required deliverables associated with the requested payment amounts itemized on each monthly invoice. c. If an invoice is requesting reimbursement of any supplies or materials not pre- authorized in the budget contained in the agreement, such invoice must be accompanied by copies of pre-approval from the Contracting entity, as well as actual itemized invoices or receipts for all applicable supplies and materials. If an invoice is requesting reimbursement for copying or printing, at least one copy of the printed item should accompany the invoice. City/County shall review submitted invoices and supporting documentation within a reasonable period of time and remit payment to Contractor promptly upon determining the purpose and amount of payment requested are authorized under the Agreement. G:\Conservation\Deidra\Illegal Dumping\BMPC Mitigation Fee Committee\_EPs\2019-2020 Exp Plan\Amended 2019-20 EP\NRMF 2019-20 Exp Plan Attachment 1-Amended.doc North Richmond Waste & Recovery Mitigation Fee Community-Based Project Progress Report Page 1 of 1 Organization: Contact Person: Progress Report Period: - Brief Description of the Project: Provide a brief description of the project activities/services your Organization is providing with this North Richmond Mitigation Fee (NRMF) funding. Funded activities must be consistent with the signed Agreement. Tasks Accomplished to Date: Describe the various tasks that your Organization has completed in whole or in part during the Progress Report Period (can be bullet points). [Save for use/reference when preparing Final Progress Report.] Materials Produced to Date: Provide a listing of any materials/documents produced during this Progress Report period as a part of this project (e.g. pictures, surveys, handouts, work products, etc.) and attach copies of each. Number of Persons Served to Date: Provide total number served from the NRMF Funding Area during this Progress Report period. Provide total number served from outside the NR Funding Area during this period. Provide total number of residents paid with NRMF funding during this period. North Richmond Green Meeting Attendance to Date: Specify which monthly North Richmond Green meetings (list meeting dates) your Community Based Project representative(s) attended during this Progress Report period. [Must attend at least once per quarter] MEETING DATE(s): ATTENDEE NAME(s): Successes to Date: Identify whether and how your project is addressing the intended problems associated with illegal dumping (be specific). Describe any other beneficial outcomes/success stories resulting from your project activities to date. Challenges to Date: List any and all issues/problems (e.g. change in personnel, inadequate public awareness, applicability of regulatory restrictions/requirements, etc.) identified during this period which may impact the project’s ability to achieve the intended outcome(s) identified by your Organization. Include all challenges/obstacles/barriers that may inhibit or compromise your ability to address the intended illegal dumping problem(s). Lessons Learned to Date & Feedback from Participants/Community: Share any lessons learned from participants, staff and/or the community during this Progress Report period. Provide any feedback about the NRMF-funded project/program received from participants and/or community members (such as copies of quotes, emails/letters and completed surveys/evaluations). Other Project Information: Provide any additional information about your organization’s work that did not fit in any of the other sections, including description(s) of any additional services or enhanced activities provided beyond those specified. Project Expenses to Date: Attach completed Progress Report to each Invoice being submitted for any reimbursable costs incurred during this Progress Report Period. North Richmond Waste & Recovery Mitigation Fee Community-Based Project Final Progress Report Page 1 of 1 Organization: Contact Person: Contract Period: - Brief Description of the Project: Provide a brief description of the project activities/services your Organization provided with this North Richmond Mitigation Fee (NRMF) funding. Funded activities must be consistent with the terms of your signed Agreement. Tasks Accomplished: Describe all project tasks/activities that your Organization completed during the entire contract period. Summarize any work completed not previously reported and consolidate with updated information from prior Progress Reports. Materials Produced: Provide a listing of any materials/documents produced as a part of the program (e.g. pictures, surveys, handouts, work products, etc.). Attach copies of anything not included with prior Progress Reports submitted. Number of Persons Served: Provide total number served from the NRMF Funding Area during the entire contract period. Provide total number served from outside the NR Funding Area during the entire contract period. Provide total number of residents paid with NRMF funding during the entire contract period. North Richmond Green Meeting Attendance: Specify which monthly North Richmond Green meetings (list all meeting dates) your Community Based Project representative(s) attended during the contract period. [Must attend at least once per quarter] MEETING DATE(s): ATTENDEE NAME(s): Successes: Identify extent to which your project addressed the intended problems associated with illegal dumping and how (be specific). Describe any other beneficial outcomes/success stories resulting from your project activities. Challenges: Explain why your Organization was not able to achieve the intended project outcomes and/or address the illegal dumping problems previously identified, if applicable. Include any challenges/obstacles/barriers (e.g. personnel changes, lack of public awareness, previously unknown regulatory restrictions/requirements, etc.) that compromised or inhibited your project’s success in addressing problems associated with illegal dumping. Lessons Learned & Feedback from Participants/Community: Share any lessons learned from participants, staff and/or the community during the contract period. Summarize all participant and/or community feedback received about this NRMF-funded project/program (attach any findings/summary of final project evaluation and copies of related documents not previously submitted). Other Project Information: Provide any additional information about your organization’s work that did not fit in any of the other sections, including description(s) of any additional services or enhanced activities provided beyond those specified. Final Project Expenses: Attach completed Final Progress Report to the Final Invoice being submitted for any reimbursable costs not included on invoice(s) submitted with prior Progress Report(s). Implementing Entity Organization / Fiscal Sponsor (if applicable) Project Title Advance Payment Allowed (Up to 10% of Implementer Award Amount) Requested Amount Total Award Amount * County Contracting Costs2 CHDC Contracting Cost (20%) to Manage Non- Profits Non-Profit Implementer Award Amount for Project1 Notes City of Richmond Richmond Tool Lending Library No $ 18,050.00 $ 21,050.00 $ 3,000.00 n/a $ 18,050.00 City of Richmond Love Your Block No $ 17,490.00 $ 20,490.00 $ 3,000.00 n/a $ 17,490.00 Urban Tilth Water is Life No $ 29,290.80 $ 27,116.74 $ 801.95 $ 5,262.96 $ 21,051.83 Social Progress Inc. / Greater Richmond Inter-Faith Program Brighter Beginnings in North Richmond Yes $ 29,999.76 $ 27,116.74 $ 801.95 $ 5,262.96 $ 21,051.83 Watershed Project Curb Appeal No $ 29,986.25 $ 27,116.74 $ 801.95 $ 5,262.96 $ 21,051.83 Men & Women of Valor Community Working Together Yes $ 20,000.00 $ 20,090.90 $ 594.16 $ 3,899.35 $ 15,597.39 $ 144,816.81 $ 142,981.12 $ 9,000.01 $ 19,688.23 $ 114,292.88 Attachment 2 - Community Based Projects Table (Strategy 9) 2019/20 Expenditure Plan Funding Allocations for Projects - Amended The NRMF Committee recommended at total of $142,981.09 be allocated in the 2019/2020 Fiscal Year for Community Based Projects (Strategy 9). Total dollar amount was off by $0.03 when adding up the individual amounts awarded for implementation and contracting, therefore the total should have been $142,981.12. The Committee recommended allocation of this funding based on a Funding Request Proposal released on February 9, 2018 by Committee Staff and Proposals submitted by eligible non-profit organizations and Agencies on March 6, 2018.1 The project selections, funding recommendations and number of implementing entities selected by the Committee are shown below for the Amended 2019/2020 Expenditure Plan. New Community Based Projects Recommended for Funding in 2019/2020 Total Funding Requested/Allocated 2 For the non-profit entities, costs to have 3rd party organization (CHDC) manage and oversee contracts with Organizations selected for funding is up to twenty (20) percent (%) of award amount after first taking out City/County Contracting cost for $3,000 for City/County to contract directly with CHDC to have CHDC administer non-profit contracts. Amounts not needed for contracting costs may be made available to pay implementing entities for additional CBP costs. 1 Funding Proposal Application received by Men & Women of Valor was the wrong application. At their meeting on March 23, 2018, the NRMF Committee gave Men & Women of Valor 30 days to re-submit their application to the NRMF Committee using the correct application and submittal requirements. On April 22, 2018, Committee staff received the correct Funding Proposal application. The Men & Women of Valor Proposal application was considered at the NRMF Committee Meeting on June 8th and allocated funding as shown in this Attachment. Contracts between County & Implementing Entity (City) County Contract with CHDC Contracts between CHDC & Implementing Entities (Non-Profits) Total dollar amounts were off due to rounding errors G:\Conservation\Deidra\Illegal Dumping\BMPC Mitigation Fee Committee\_EPs\2019-2020 Exp Plan\Second Amended EP\Attachment 2_Amended 19-20 CBP Table Printed: 9/24/2020, 1:38 PM Implementing Entity / Fiscal Sponsor (if applicable) Project Title Advance Payment Allowed (Up to 10% of Implementer Award Amount) Yes/No Requested Amount Total Award Amount County Contracting Cost with CHDC1 CHDC Contracting Cost (20%) to Manage Non- Profits Non-Profit Implementer Award Amount for Project Notes Urban Tilth Cultivating Hope: Maintaining North Richmond Gardens No $ 19,894.60 $ 26,574.15 $ 1,705.90 $ 4,973.65 $ 19,894.60 Communities United Restoring Mother Earth (CURME) / Greater Richmond Interfaith Program Lots of Crops No $ 15,092.00 $ 20,159.10 $ 1,294.10 $ 3,773.00 $ 15,092.00 Total Funding Requested/Allocation Recommended $ 34,986.60 $ 46,733.25 3,000.00 8,746.65 $ 34,986.60 1 Costs to have 3rd party organization (CHDC) manage and oversee contracts with Organizations selected for funding is up to twenty (20) percent (%) of award amount after first taking out City/County Contracting cost of $3,000 for City/County to contract directly with CHDC to have CHDC administer non-profit contracts. Attachment 3 - Neighborhood Community Garden Projects (Strategy 12) Funding Allocations for 2019/20 Neighborhood Community Garden Projects recommended for City/County approval by the North Richmond Mitigation Fee Committee The NRMF Committee recommended an allocation of $46,733.25 for Neighborhood Community Garden Projects. The Committee recommended allocation of this funding based on a Funding Request Proposal released on February 9, 2018 by Committee Staff and Proposals submitted by eligible non-profit organizations on March 6, 2018. The project selections, funding recommendations and number of non-profits selected by the Committee are shown below for the 2019/2020 Expenditure Plan. New Neighborhood Community Garden Projects Recommended for Funding in 2019/2020 G:\Conservation\Deidra\Illegal Dumping\BMPC Mitigation Fee Committee\_EPs\2019-2020 Exp Plan\Second Amended EP\Attachment 3_Final CGP Projects Printed: 9/24/2020, 1:38 PM Hensley St Ga r r a r d Bl v d Richmond Pkwy 7th St Hensley St Duboce Ave Sanford Ave 8th St Willard Ave 9th St York St Vernon Ave Filbert St Lincoln Ave Battery St Factory StN Castro St Kelsey St 6th St Tri angl e Ct Leo St 10th St Amstan Ln Cherry St Lucas Ave Presco Ln J o y A v e Enterprise Ave Factory StCommittee Approved Additions to Primary Mitigation Funding Area Market Ave Chesley Ave Rumrill BlvdLegend July 2006 Additiion to Mitigatin Funding Area Primary Mitigation Funding Area ²0 130 260 390 52065Feet North Richmond Waste & Recovery Mitigation Fee Amended 2020/21 Expenditure Plan The Waste & Recovery Mitigation Fee was established as a result of the Draft Environmental Impact Report (EIR) dated November 2003 for the WCCSL Bulk Materials Processing Center (BMPC) and Related Actions (Project). The Project involved new and expanded processing and resource recovery operations on both the incorporated and unincorporated area of the Project site, which the EIR concluded would impact the host community. To mitigate this impact Mitigation Measure 4-5 called for a Mitigation Fee to benefit the host community, described as follows: “Mitigation Fee. The facility operator shall pay a Mitigation Fee of an amount to be determined by the applicable permitting authority(ies) to defray annual costs associated with collection and disposal of illegally dumped waste and associated impacts in North Richmond and adjacent areas. The mitigation fee should be subject to the joint-control of the City and County and should be collected on all solid waste and processible materials received at the facility consistent with the existing mitigation fee collected at the Central IRRF.” In July 2004, the City of Richmond and Contra Costa County entered into a Memorandum of Understanding (MOU) agreeing to jointly administer Mitigation Fee monies collected from the BMPC for the benefit of the incorporated and unincorporated North Richmond area. This North Richmond Waste & Recovery Mitigation Fee Joint Expenditure Planning Committee (Committee) was formed pursuant to the terms of the MOU for the specific purpose of preparing a recommended Expenditure Plan. This Expenditure Plan provides a means to jointly administer the Mitigation Fee funding for the benefit of the host community, as described in the EIR. The Expenditure Plan is subject to final approval of the Richmond City Council and the Contra Costa County Board of Supervisors. By approving this Expenditure Plan, the City Council and Board of Supervisors authorize the use of Mitigation Fee funding for only the purposes and in the amounts specified herein. The City and County have each designated their respective staff persons responsible for administering the development and implementation of the approved Expenditure Plan, which includes responsibility for drafting and interpreting Expenditure Plan language. However, the City and County have not delegated to the Committee or to staff the authority to expend funding for purposes not clearly identified in the Expenditure Plan document officially approved by their respective decision-making bodies. Activities which can be funded in this Expenditure Plan period with the Mitigation Fee amounts specified within this Expenditure Plan are described herein as “Strategies” or “Staff Costs”. Strategies are categorized as either “Core Services” or “Supplemental Enhancements”. Core Services includes the higher funding priority strategies that most directly address the intended purpose of this City/County approved Mitigation Fee, “to defray annual costs associated with collection and disposal of illegally dumped waste and associated impacts in North Richmond”. All references to the “Mitigation Fee Primary Funding Area” or “Mitigation Fee Funding Area” pertain to the geographic area shown in the attached map (Attachment 4). Expenditure Plan Period: July 1, 2020 - June 30, 2021 (unless otherwise specified herein) 2020/2021 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee - Page 2 of 13 - BUDGET The funding allocation amounts included in this document apply to the Expenditure Plan Period specified on the first page unless otherwise specified herein. The total amount of funding allocated in the Expenditure Plan Budget is based on revenue projections provided by the BMPC operator, Republic Service, which are dependent upon multiple variables (e.g. number of tons of recovered materials vs. solid waste, per ton gate rate charged and amount of CPI- adjusted per ton Mitigation Fee). Actual Mitigation Fee revenue may deviate from revenue projections provided by Republic and used to prepare this Budget. A “Contingency” line item is included in the Budget to help accommodate variations between projected and actual revenue. Excess funding allocated to strategies and not expended by the end of each Expenditure Plan period is treated as “roll-over” funding for reallocation in a subsequent Expenditure Plan period. The Budget includes some line items that are based on fixed costs, however there are other line items which are scalable and/or dependent on utilization thereby providing flexibility to reallocate amounts if and when a significant need is identified. Allocated funding may remain unspent due to under-utilization of a particular program. If the amount allocated to a particular line item is determined to exceed needs based upon usage, the remaining funding can only be reallocated by officially amending the Expenditure Plan. This Expenditure Plan may only be adjusted upon official action taken by both the City and County. Although there has been some interest in allowing flexibility for staff to adjust funding allocations under specific circumstances, the authority to approve or modify the Expenditure Plan rests solely with the City Council and Board of Supervisors. Annual fiscal year Expenditure Plan cycle is expected to reduce margin of error of Mitigation Fee revenue projects, streamline financial reconciliation/budgeting process and minimize need to amend Expenditure Plans mid-cycle. Amending Expenditure Plans involve administrative burden and costs due to the joint approval needed from both the Richmond City Council and County Board of Supervisors. In order to minimize the amount of funding needed to cover staff costs incurred to amend the Expenditure Plan, staff will only recommend changes to the Expenditure Plan when necessary to address a significant and time-sensitive need. NORTH RICHMOND MITIGATION FEE EXPENDITURE PLAN BUDGET #Expenditure Plan (EP) Strategy (EP Cycle: July 1, 2020 thru June 30, 2021) Amended Budget Allocations for 2020/2021* 1 Bulky Item Pick-ups & Disposal Vouchers 1,000.00$ 2 Neighborhood Clean-ups 30,000.00$ 3 Prevention Services Coordinator 50,726.75$ 4 City/County Right-of-Way Pick-ups 30,000.00$ 5 Code Enforcement - County 91,850.60$ 6 Illegal Dumping Law Enforcement 175,814.30$ 7 Surveillance Cameras 1,500.00$ 8 Code Enforcement - City 26,666.67$ 9 Community Services Coordinator $ 90,909.09 10 Community Clean-Up Projects (See Attachment 2)48,811.53$ 11 North Richmond Green Community Service Programs 20,042.00$ 12 North Richmond Green Campaign 10,500.00$ 13 Garden Projects (See Attachment 4)48,179.79$ 14 Love North Richmond -$ 15 Mobile Tool Lending Library 35,540.00$ Contingency (10% of Projected Revenue)68,105.45$ Subtotal (without Committee Staffing)729,646.18$ X Committee Administration/Staffing 100,000.00$ Total Projected Revenue in 2020/21 (July 1, 2020 thru June 30, 2021)681,054.50$ 151,925.01$ 829,646.18$ *Modifications include shifting $17,490.00 from Strategy 14 to Strategy 15 for a new total amount of $35,540.00Core ServicesSupplemental EnhancementsRoll-over Funding from Prior EP Cycle(s) Total 2020/21 Expenditure Plan Budget - Page 3 of 12 - 2020/2021 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee - Page 4 of 13 - DESCRIPTION OF STRATEGIES RECOMMENDED FOR FUNDING Funding allocation amounts for each strategy are specified in the Budget table on page 3. The following Strategies describe the activities allowed to be funded with the amounts allocated to each in the Budget (associated allowable agency staff costs are described in the Staff Costs section). Strategies are grouped based on relative funding priority levels and the “Core Services” category contains higher priority Strategies than the “Supplemental Enhancements” category. Higher funding priority Strategies are those which best address the Fee’s intended purpose, “to defray annual costs associated with collection and disposal of illegally dumped waste and associated impacts in North Richmond”) and “Supplemental Enhancements”. Level 1 Priority - PRIMARY CORE SERVICES STRATEGIES • 1 - Bulky Item Pick-ups & Disposal Vouchers • 2 - Neighborhood Clean-up Events • 4 - City/County Right-of-Way Trash & Tagging Removal • 5 - Code Enforcement - County • 6 - Illegal Dumping Law Enforcement • 8 - Code Enforcement – City Level 2 Priority - SECONDARY CORE SERVICES STRATEGIES • 3 - Prevention Services Coordinator • 7 - Surveillance Cameras Level 3 Priority - PRIMARY SUPPLEMENTAL ENHANCEMENTS STRATEGIES • 9 - Community Services Coordinator • 11 - North Richmond Green Community Services Program • 12 - North Richmond Green Campaign • 13 - Garden Project • 14 - Love North Richmond • 15 - Mobile Tool Lending Library Level 4 Priority - SECONDARY SUPPLEMENTAL ENHANCEMENTS STRATEGIES • 10 - Community Clean-up Projects CORE SERVICES 1. Bulky Item Pick-ups & Disposal Vouchers Provide residents in the Mitigation Fee Primary Funding Area, who prove eligibility consistent with City/County procedures, with the option of choosing to: o Request up to one on-call pick-up service per household per calendar year for bulky items that are not accepted in the current on-call clean-ups through Richmond Sanitary Service (RSS), only available to those with an active account with RSS; or 2020/2021 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee - Page 5 of 13 - 1 Administering agency contracting charge applies ($3,000 per contract) o Request up to twelve $5 vouchers per household for disposal at Republic’s transfer station on Parr Blvd. per calendar year (vouchers expire after six months, Mitigation Fees only pay for vouchers that are actually redeemed). [See “Staff Costs” section for agency activities that may also be funded under this Strategy.] Administering Agency: City of Richmond Implementing Entity(ies): Community Housing Development Corporation (processes requests and issues Disposal Vouchers/arranges Bulky Item Pick-ups) Republic Services - Golden Bear Transfer Station & Richmond Sanitary Service (reimbursed for Disposal Vouchers redeemed and Bulky Item Pick-ups provided) Reporting/Payment Requirements: Effective July 1, 2012, CHDC and Republic Services shall provide required data pertinent to Strategy 1 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments. 2. Neighborhood Clean-ups Provide at least one neighborhood and/or creek clean-up event in the Mitigation Fee Funding Area; additional clean-up event may be scheduled as funding allows. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.] Administering Agency: City of Richmond Implementing Entity(ies): City Manager’s Office (coordinates scheduling of clean-up dates and associated arrangements in conjunction with partner entities) Republic Services - Richmond Sanitary Service (reimbursed for providing/servicing clean-up boxes and disposing of debris placed in clean-up boxes) Reporting/Payment Requirements: Effective July 1, 2012, the City Manager’s Office and Republic Services shall provide required data pertinent to Strategy 2 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments (funding transfers). 3. Prevention Services Coordinator Fund at least a portion of a Prevention Services Coordinator (PSC) position (including salary/benefits/overhead and administering agency contracting charge1) on a contract basis to assist the City and County in implementing Strategy 1 as the point of contact for community members interested in claiming Disposal Vouchers 2020/2021 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee - Page 6 of 13 - or Bulky-Item Pick ups. Assist community members interested in reporting illegal dumping and seeking referral/resources. Track and report data related to illegally dumped waste collected by Republic Services Hot Spot Crew and handle associated referrals to applicable public agencies, including right-of-way referrals for Strategy 4. The PSC may also assist City and County with administering funding allocated to selected non-profit organizations under Strategies 10 and 13. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.] Administering Agency: Contra Costa County Implementing Entity: Community Housing Development Corporation (CHDC) (reimbursed actual cost for part-time position and issues Disposal Vouchers/arranges Bulky Item Pick-ups) Reporting/Payment Requirements: Effective July 1, 2012, CHDC shall provide required data pertinent to Strategy 1 and Strategy 3 based upon the strategy- specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments. 4. City/County Right-of-Way Pick-up & Tagging Abatement Fund consolidated pick-up program (including personnel, mileage, equipment rental and administrative costs) for removal of illegal dumping and tagging abatement* in the public right-of-way located within the unincorporated & incorporated Mitigation Fee Primary Funding Area. Additional tasks would include identifying potential sites for Strategy 10 Clean-Up Projects. Funding is intended to pay for removal of illegal dumping that occurs as a result of referrals from the Prevention Services Coordinator for items/debris not collected by the designated Republic Services Hot Spot Route crew. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.] Administering Agency: City of Richmond Implementing Entity: Richmond Police Department’s Code Enforcement Division Reporting/Payment Requirements: Effective July 1, 2012, the Richmond Police Department’s Code Enforcement Division shall provide required data pertinent to Strategy 4 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF- funded payments (funding transfers). 5. Code Enforcement Staff - County Fund at least a portion of County code enforcement position (including salary/benefits and related vehicle and equipment costs), to assist with vacant/ abandoned lot abatements and fencing as well as other health/building/zoning violations related to illegal dumping and blight throughout the unincorporated 2020/2021 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee - Page 7 of 13 - Mitigation Funding Area. Additional tasks would include identifying potential sites for Strategy 10 Clean-Up Projects. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.] Administering Agency: Contra Costa County Implementing Entity: County Department of Conservation & Development’s Building Inspection Division Reporting/Payment Requirements: Effective July 1, 2012, the County Department of Conservation & Development’s Building Inspection Division shall provide required data pertinent to Strategy 5 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments (funding transfers). 6. Illegal Dumping Law Enforcement Fund majority of a full-time Sheriff Deputy (between approximately 90-100% of salary/benefits, overtime, uniform and related cell phone, equipment, and vehicle costs) to assist with law enforcement investigations and patrols to combat illegal dumping within the Mitigation Fee Primary Funding Area. Additional tasks would include identifying potential sites for Strategy 10 Clean-Up Projects. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.] Administering Agency: Contra Costa County Implementing Entity: County Sheriff’s Office Reporting/Payment Requirements: Effective July 1, 2012, the County Sheriff’s Office shall provide required data pertinent to this Strategy based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments (funding transfers). 7. Surveillance Cameras Fund the cost of cameras, camera infrastructure, camera signage and costs related to monitoring, maintenance, warranty, repair & relocation of surveillance camera system equipment within the Mitigation Fee Primary Funding Area. Cameras will be used to assist the dedicated Illegal Dumping Law Enforcement officer prevent dumping in targeting specific locations where illegal dumping occurs most regularly. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.] Administering Agency: Contra Costa County Implementing Entity(ies): 2020/2021 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee - Page 8 of 13 - Richmond Police Department (operate, move and maintain eight Pan-Tilt-Zoom wireless video surveillance cameras and associated camera system infrastructure throughout NR -AND- install/clean/move FlashCam cameras located within the incorporated NR area if funding is available) County Sheriff’s Department (coordinate monitoring of FlashCams or other camera systems located throughout NR and identify/request relocation of surveillance cameras throughout NR as needed) County Public Works Department (install/clean/move FlashCam or other camera systems cameras located within the unincorporated NR area upon request if funding is available) Reporting/Payment Requirements: Effective July 1, 2012, each Implementing Entity shall provide required data pertinent to each entity’s applicable Strategy 7 responsibilities based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF- funded payments (funding transfers) now or in the future. 8. Code Enforcement Staff - City Fund at least a portion of City code enforcement position (including salary/benefits and related vehicle and equipment costs), to assist with vacant/ abandoned lot abatements and fencing as well as other health/building/zoning violations related to illegal dumping and blight throughout the incorporated Mitigation Funding Area. Additional tasks would include identifying potential sites for Strategy 10 Clean-Up Projects. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.] Administering Agency: City of Richmond Implementing Entity: City Department of Infrastructure Maintenance & Operations Reporting/Payment Requirements: Effective July 1, 2020, the City Department of Infrastructure Maintenance & Operations shall provide required data pertinent to Strategy 8 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF- funded payments (funding transfers). SUPPLEMENTAL ENHANCEMENTS 9. Community Services Coordinator Fund at least a portion of a Community Services Coordinator (CSC) position to be staffed on a contract basis (including salary/benefits/overhead and administering agency contracting charge2). The CSC shall: • serve as a link between the community of North Richmond, the City of Richmond, and Contra Costa County for issues related to beautification, 2Administering agency contracting charge is $3,000 per contract. 2020/2021 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee - Page 9 of 13 - illegal dumping, and blight using referral process identified by the City and County; • coordinate outreach activities related to illegal dumping and beautification within the Primary Funding area, as specified by the City/County, including North Richmond Green community service programs and outreach activities described under Strategies 11 & 12; and • Identifying potential sites for Strategy 10 Clean-Up Projects. • be bilingual in order to assist with Spanish translation as needed. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.] Administering Agency: Contra Costa County Implementing Entity: Community Housing Development Corporation (CHDC). Reporting/Payment Requirements: CHDC shall provide required data pertinent to Strategies 9, 11 & 12 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments. 10. Community Clean-up Projects Fund the implementation, oversight and administering agency contracting charges3 of community clean-up projects with specific focus on reducing blight. Community clean-up projects may involve the removal of debris and/or landscaping maintenance. Sites to be cleaned shall be in the Mitigation Fee Funding area and designated by the Administering Agency. The number of sites to be cleaned will be determined by the amount of funding allocated. A breakdown of contracting costs and amount awarded to the Implementing Entity is contained in the Community Clean-up Project Table included as Attachment 2. Up to 15% of the Implementing Entity’s Award Amount in Attachment 2 may be used for a fiscal sponsor or administrative oversight. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.] Administering Agency: Contra Costa County. Community Housing Development Corporation (CHDC) may under contract with the County as an Administering Agency, administer Community Clean-Up Project contracts funded under this Strategy. CHDC shall use no more than twenty (20) percent (%) of the total amount awarded to Community Clean-Up Projects (after subtracting City/County contracting cost) listed in Attachment 2 to oversee implementation, including facilitating review/assessment of reports’ and deliverables. Payments to Implementing Entities for Community Clean-Up Projects shall not be issued by CHDC without the written approval of City and County Committee Staff. Implementing Entity: See Community Clean-up Project Table in Attachment 2 3Administering agency contracting charge is $3,000 per contract entered into by the County and up to 20% of the per project funding allocation as described in Administering Agencies section below). 2020/2021 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee - Page 10 of 13 - 4 Administering agency contracting charge applies ($3,000 per contract) Reporting/Payment Requirements: Any Community Clean-Up Projects shall be subject to the Reporting & Invoicing Requirements specified in the template Memorandum of Understanding included in Attachment 1. Attachment 1 only applies to Community Clean-Up Project contracts with the Implementing Entities. The County will issue advance payments to CHDC, as needed, to ensure there is adequate funding available for payments requested by Implementing Entities if and when authorized by City and County Staff. Additionally, CHDC would be subject to contractual payment and reporting provisions that differ from those in Attachment 1 due to the nature of the services to be provided. 11. North Richmond Green Community Services Programs Fund the following North Richmond Green programs on a contract basis4 to the extent the specific details submitted are determined to align with the purpose of the Mitigation Fee and Expenditure Plan: • NR Little League Baseball Program - Includes cost of registration and uniforms with customized North Richmond Green patches for up to 5-6 teams, season kick-off event/parade, equipment, stipends for game monitoring and oversight, food and transportation. • NR Youth Twilight Basketball Program - Includes cost of registration and uniforms with North Richmond Green patches for up to 5-6 teams, equipment, stipends for game monitoring and oversight, food and transportation. • NR Eco Workshops & Beautification Projects – Eco Workshops and Beautification Projects include school gardens, recycling efforts, beach/creek/neighborhood clean-ups and ecological field trips. May fund the cost of materials, transportation and fees associated with pre-approved community beautification projects such landscaping and murals. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.] Administering Agency: Contra Costa County Implementing Entity: Community Housing Development Corporation (CHDC). Reporting/Payment Requirements: CHDC shall provide required data pertinent to Strategies 9, 11 & 12 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments. 12. North Richmond Green Campaign Fund the design, printing and/or distribution of education and outreach materials on a contract basis4 which must align with the purpose of the Mitigation Fee and Expenditure Plan and be pre-approved by Committee Staff. Outreach materials must include “Jointly funded by City of Richmond & Contra Costa County” unless otherwise specified herein. Outreach materials may be any of the types specified below, however must clearly intend to directly: • Inform the community about Mitigation Fee funded programs/efforts, 2020/2021 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee - Page 11 of 13 - • Increase participation in Mitigation funded programs/efforts, • Reduce illegal dumping and blight in the Mitigation Fee Funding Area, and/or • Promote beautification in the Mitigation Fee Funding Area. The following type of outreach material expenditures may be funded if reviewed and pre-approved by Committee Staff: • STIPENDS – Pay local community members (youth and adults) to distribute printed outreach materials door-to-door to promote mitigation-funded strategies (Jointly Funded text not applicable to stipend expenses, only materials) • HANDOUTS/MAILERS – Newsletters, flyers, brochures or other documents intended to be handed out or mailed to local residents/organizations. • T-SHIRTS - Shirts shall include the NRGreen.org website to encourage people to learn more about Mitigation funded programs/efforts (local phone number should also be included when possible, however inclusion of Jointly Funded text may not be required) • NR GREEN FESTIVAL – Event held once per year and generally include information booths to raise awareness about mitigation-funded efforts and other local beautification efforts as well as fun activities for kids and food. Materials promoting the event shall include the NRGreen.org website as well as a local phone number. • SIGNAGE – Printed or manufactured signage, which includes promotional banners for local events/parades, which should include the NRGreen.org website for Community members to learn more about Mitigation funded programs/efforts. Repair, replacement and removal of NRMF-funded Light Pole Banners. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.] Administering Agency: Contra Costa County Implementing Entity: Community Housing Development Corporation (CHDC). Reporting/Payment Requirements: CHDC shall provide required data pertinent to Strategies 9, 11 & 12 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments. 13. Garden Projects Community Garden Projects: Fund on-going maintenance and up-keep of existing community gardens within the Primary Funding Area. The projects selected under this Strategy has been funded on an on-going basis. Garden Retrofit Projects: Fund the development and implementation of educational garden retrofit events within the Primary Funding Area. Sites for garden retrofits shall be selected via an application process administered by the implementing Entity and approved by County/City staff. Garden retrofit applications will be ranked based on the applicant’s ability/willingness to maintain the garden after 2020/2021 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee - Page 12 of 13 - 5 Administering agency contracting charge applies ($3,000 per contract) installation, the visibility of the site from the street, and the size of the garden site. The number of garden sites to be retrofitted will be determined by the amount of funding allocated. Garden retrofits shall contain drought-tolerant, native plants. Details, including recommended allocation amounts, for Projects are included in Attachment 4. Up to 15% of the Non-Profit Implementer Award Amount specified in Attachment 4 may be used for administrative oversite. [See “Staff Costs” section for agency activities that may also be funded under this Strategy.] Administering Agencies: Contra Costa County.5 Community Housing Development Corporation (CHDC) may under contract with the County as the Administering Agency, administer Community Garden & Garden Retrofit contracts funded under this Strategy. CHDC shall use no more than twenty (20) percent (%) of the total amount awarded to Projects (after subtracting City/County contracting cost) to oversee implementation, including facilitating review/assessment of reports and deliverables. Payments to Implementing Entities for Community Garden & Garden Retrofit Projects shall not be issued by CHDC without the written approval of both City and County Committee Staff. Implementing Entity: Various Non-Profit Organizations (see Garden Projects Table in Attachment 4) Reporting/Payment Requirements: Any Garden Project contracts issued or amended by the City/County shall incorporate Reporting & Invoicing Requirements equivalent with those shown in Attachment 3. Garden Project contracts being administered by CHDC on behalf of the County shall also incorporate Reporting & Invoicing Requirements equivalent with those shown in Attachment 3. Attachment 3 only applies to the Garden Project contracts with the Implementing Entities. CHDC would be subject to contractual payment and reporting provisions that differ from those in Attachment 3 due to the nature of the services to be provided. The County will issue advance payments to CHDC, as needed, to ensure there is adequate funding available to payments requested by Implementing Entities if and when authorized by City and County Staff. 14. Love North Richmond Fund the development and implementation of community beautification projects and senior yard beautification projects within the Primary Funding Area to help prevent illegal dumping and reduce blight (including personnel/labor, printed materials for outreach, food and transportation for volunteers, beautification supplies and equipment not available in the Tool Lending Library). Administering Agency: City of Richmond Implementing Entity: City of Richmond Community Services Department Reporting/Payment Requirements: Effective July 1, 2020, the City of Richmond 2020/2021 Expenditure Plan - North Richmond Waste & Recovery Mitigation Fee - Page 13 of 13 - Community Services Department shall provide required data pertinent to Strategy 14 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments (funding transfers). 15. Mobile Tool Lending Library Fund the development, implementation, and on-going maintenance of a mobile tool lending library that is accessible to the public within the Mitigation Fee Primary Funding Area. Funding is intended to pay for the purchase of educational material, tools, costs related to the tool lending system & trailer/tool maintenance, and personnel/labor. Administering Agency: City of Richmond Implementing Entity: City of Richmond Community Services Department Reporting/Payment Requirements: Effective July 1, 2020, the City of Richmond Community Services Department shall provide required data pertinent to Strategy 15 based upon the strategy-specific invoicing/reporting requirements and schedule developed/maintained by Committee Staff in order to receive NRMF-funded payments (funding transfers). STAFF COSTS Committee Administration/Staffing Funding: The funding allocated for Committee Administration/Staffing may not be adequate to cover the full cost of staff time necessary for jointly staffing the North Richmond Waste & Recovery Mitigation Fee Joint Expenditure Planning Committee as well as developing, administering and overseeing this Expenditure Plan for the specified period. Supplemental funding allocation may be necessary upon determining actual costs exceed the amount budgeted to cover the intended City/County costs for joint staffing. Strategy-Specific Funding: The cost of City/County staff time spent providing direct implementation assistance and/or coordination for specific Strategies may be covered with a portion of the NRMF funding budgeted for each applicable Strategy. Additionally, a portion of the NRMF funding budgeted for Strategies will be used to pay fixed administering agency contracting charge for each applicable contract (Currently $3,000 per contract. An additional $3,000 may be added to a contract amendment to add additional funding or nonprofits to a contract during an existing contract cycle) unless otherwise specified herein. G:\Conservation\Deidra\Illegal Dumping\BMPC Mitigation Fee Committee\_EPs\2019-2020 Exp Plan\Amended 2019-20 EP\2019- 20 NRMF EP.doc Page 1 of 6 TEMPLATE MEMORANDUM OF UNDERSTANDING BETWEEN AND COMMUNITY HOUSING DEVELOPMENT CORPORATION This is an agreement made and executed on _______ between Community Housing Development Corporation (CHDC) and _______ (Contractor). This contract will remain in effect for the time period identified in the TERM section of the agreement. OVERVIEW: The _________ North Richmond Mitigation Fee (NRMF) Expenditure Plan approved by the Board of Supervisors in ______ and Richmond City Council in _______ allocates a total of _______ to the Contractor for the disbursement of funds within Strategy 10 to complete Clean-Up Project(s) in the North Richmond Mitigation Area. TERM: The term of this agreement begins on _______ and ends on _______. Contractor will complete all work performed under this agreement not later than ________. Invoices submitted for work performed before or after this specified term and invoices submitted after _______will not be paid. I. Contractor’s Obligations The Contractor shall administer the _________, as described herein for an amount not to exceed ________ involving the following activities: A. Recruit and Hire _____ workers 1. Contractor will develop and publicize the job announcements. Job announcements shall contain, “Jointly funded by The City of Richmond & Contra Costa County” language. 2. Contractor will interview, select and hire up to ______ workers. 3. Contractor will host training for new hires that discusses the proper procedures of disposal of hazardous waste (televisions, phones, batteries, tires, paint etc.). Task A - Deliverables: 1. Documentation of publicized job announcement in English/Spanish with required jointly funded language. 2. Documentation of hiring papers. B. Clean up to __ North Richmond Sites Approved by the County 1. Contractor shall select North Richmond addresses provided by the County or City to be cleaned during each clean up. a. Addresses provided by the County or City will include a description of waste onsite. b. Addresses provided by the County or City shall only be selected once for clean-up unless directed otherwise by County Staff. 2. Contractor will confirm with the County the address for cleanup one week and provide clear written procedures for the proper disposal of all waste types previously described at each clean-up site, including waste that is recyclable, hazardous or requires special handling. Procedures shall be submitted and approved by the County before the site is cleaned up. Attachment 1 Page 2 of 6 3. Contractor shall make arrangements in advance with the appropriate partners for the proper removal, recycling, composting or disposal of the debris identified in the area to be cleaned, including materials that require special handling such as tires, hazardous/universal wastes, appliances, and medical sharps/waste. 4. Contractor shall document approximate quantities (count, volume or weight) of each type of material/debris removed from the area during clean-up, using a log or other method agreed upon in advance. 5. Contractor shall demonstrate how the materials/debris removed during the clean-up were transported and where each type was properly recycled, composted or disposed. Task B - Deliverables: 1. Documentation of disposal procedures approved by the County for each confirmed clean-up address. 2. Before photos of the entire site before the material/debris has been cleaned up. 3. Completed Contractor’s Log identifying the types and amount of material/debris removed. 4. After photos of the entire site after it has been cleaned up. Contractor shall strive to take After photos from the same vantage points as the Before photos. 5. Documentation demonstrating that the material/debris removed was properly disposed or recycled. If debris removed during the clean-up is disposed of in existing containers that are routinely serviced by Republic Services, Contractor shall submit copy of an invoice or letter from Republic Services confirming what collection services were being provided at the disposal location during the applicable timeframe. For any in-kind hauling/disposal service offered by partner organizations or agencies, contractor may submit written communication identifying what was picked up by whom and where it was taken (e.g. e- mail message from the Parks District confirming that yard debris that was placed in tarps and set-out at agreed upon location was placed in designated green waste bin on the District’s property or transported to a specified compost facility). Alternatively, if disposal services are provided in the form of debris box donation(s) from Republic Services, contractor may submit written communication confirming donation. C. Attend Community Meetings and Events 1. Attend one North Richmond Green meeting(s) per quarter (quarterly periods end on December 31st, March 31st and June 30th). a. No portion of the Quarterly Meeting Attendance budget line item will be paid to Contractor unless Contractor submits written evidence proving Contractor representative attended at least one monthly North Richmond Green Meeting during the applicable quarter. Task C - Deliverables: 1. Documented attendance via minutes or copies of sign-in sheets of North Richmond Green meetings D. Reporting & Invoicing 1. Submit invoices and the required supporting documentation (including applicable required Deliverables and completed Progress Reports as specified in Section III. Payment Provisions) for each calendar month, and not later than 30 days after the end of the applicable monthly period. The Reporting and Invoicing budget line items are intended to ensure timely submittal of invoices and required supporting documentation. No portion of the Invoicing budget line item will be paid to Contractor for invoices submitted late, or without the required documentation or completed Progress Report. Page 3 of 6 Task D- Deliverables: 1. Complete monthly invoices on time for all tasks completed, accompanied by all required deliverables (including completed Progress Report or Final Progress Report). If Contractor does not provide a timely and complete invoice with all deliverables required for applicable tasks outlined on the invoice, as specified herein, no later than 30 days after the end of the applicable monthly period, the Contractor shall forfeit the $100 allocated for each applicable invoice period. Contractor may not use any funding specifically allocated for Reporting and Invoicing for any other purpose 2. Completed Progress Report addressing activities that occurred during the corresponding invoice period (except for the final invoice) consistent with Section III.3.a. 3. Completed Final Progress Report addressing the entire project to be submitted with the final invoice consistent with Section III.3.a. Page 4 of 6 E. Eligible Costs: Eligible costs consistent with the below table can only be reimbursed if included on invoices in conformance with the payment provisions and submitted prior to _______. Budget Line Items by Task/Deliverable Quantity Payment per Unit Total Payments Budget Amount A. Recruit and hire ____ workers $ - Deliverable 1 - Recruitment Documentation 1 each $- $- Deliverable 2 - Hiring Documentation - each $341 $- B. Clean-up up to _____ (_) designated locations in the NRMF Funding Area $ - Deliverable 1 - Procedures - each $100 $- Deliverable 2 - Before Photos - each $300 $- Deliverable 3 - Contractors Log - each $400 $- Deliverable 4 - After Photos - each $300 $- Deliverable 5 - Disposal Documentation - each $150 $- C. Attend North Richmond Green Meetings $ - Deliverable 1 - NR Green Meetings - each $250 $- D. Reporting and Invoicing $ - Deliverable 1 - Timely & Complete Invoice - each $100 $- Deliverable 2 - Progress Reports - each $150 $- Deliverable 3 - Final Progress Report 1 each $400 $400 SUBTOTAL $ - Fiscal Agent (10% of amount invoiced) $0 TOTAL BUDGET & ALLOWABLE PAYMENTS $ - II. CHDC’s Obligations Subject to the payment limit of _______ CHDC shall reimburse Contractor for eligible costs described in the previous section where such are incurred in the performance of work under the contract, subject to the below Payment Provisions. CHDC will disburse Contractor funds only after receiving written approval by County Page 5 of 6 authorizing the disbursement of the Contractor grant funds based on approved budget, approved advance and request for reimbursement. III. Payment Provisions Contractor shall submit invoices and required deliverables on a monthly basis consistent with the amounts and frequency specified in Section I.E -Eligible Costs, which together may not total more than _______. Contractor will only receive payment for eligible costs incurred for work performed during the term of this contract which are itemized on invoices substantiated with adequate supporting documentation. Invoices submitted after July 30, - _______ will not be paid. 1. Advanced Payments: In order to receive any potential advance payment, such must be authorized for the specified project in Attachment ____ of the Expenditure Plan approved by the Board of Supervisors and The City of Richmond. Advance payment is limited to no more than ten (10) percent (%) of the approved implemented Entity Award for the Project. Contractor shall submit a written request to CHDC for approval by City and County Committee staff detailing the reason(s) advance payment is necessary and itemizing each specific cost that the requested advance payment amount would pay for and how such costs will aid in the completion of each applicable required task. Advance payment requests must be submitted prior to any other invoice. If an advance payment is issued, Contractor shall not be eligible for an additional payment until enough required deliverables have been approved to offset the amount paid in advance. 2. Partial Payments: The Contracting entity (City of County) may authorize partial payment to Contractor for submittal of incomplete deliverables if solely incomplete due to unusual and unforeseen circumstances beyond the control of the Contractor. Contractor must submit written request asking to receive payment for incomplete deliverable containing an explanation as to what factors beyond the Contractor’s control specifically precluded the Contractor from submitting the completed deliverable and why such could not have been foreseen or avoided by Contractor. 3. Invoices: Invoices shall be submitted monthly, no later than 30 days after the end of the applicable monthly period and contain the following information in sufficient detail and be submitted in a form which adequately demonstrates consistency with this contract. Invoices shall be accompanied by the applicable deliverables. a. Itemization of any tasks completed during the applicable calendar month for which completed deliverables are submitted and associated payment is being requested. 4. Supported Documentation: The following required supporting documentation must be submitted with invoices when applicable as described below. a. Every invoice must be accompanied by a Progress Report, with the exception of the final invoice which must be accompanied by a Final Report. Both types of Reports must contain all of the information specified in the City/County provided Report templates, as well as any applicable details specified above in Section I. Contractor’s Obligations. Page 6 of 6 b. All applicable Deliverables associated with the tasks and requested payment amounts itemized on each monthly invoice. SIGNATURES: Executed on the dates and by the persons named below. Date: ____________________________ Date: _________________________________ By: _________________________________ By: ___________________________________ Name: _______________________________ Name: ________________________________ IV. Conflict of Interest By signing below, Contractor agrees not to employ, subcontract with, or make payment to any person (employees and stipend recipients), for the purpose of implementing this Project, that is at the same time employed by Contra Costa County, the City of Richmond or any entity that receives NRMF funding from the County or the City of Richmond, or serves on the NRMF Committee, except upon written approval by the Department of Conservation and Development Director or his designee. Signature:________________________________________________________________ Name: __________________________________________________________________ Title: ___________________________________________________________________ Date: ___________________________ G:\Conservation\Deidra\Illegal Dumping\BMPC Mitigation Fee Committee\_EPs\2020-2021 Exp Plan\JS Draft\Attachment 1 Implementing Entity / Fiscal Sponsor (if applicable) Project Title Advance Payment Allowed (Up to 10% of Implementer Award Amount) Requested Amount Total Award Amount County Contracting Costs2 CHDC Contracting Cost (20%) to Manage Non- Profits2 Non-Profit Implementer Award Amount for Project Notes Social Progress Inc.Brighter Beginnings in North Richmond Yes $ 29,999.76 $ 28,038.03 $ 1,723.24 $ 5,262.96 $ 21,051.83 Men & Women of Valor Community Working Together Yes $ 20,000.00 $ 20,773.50 $ 1,276.76 $ 3,899.35 $ 15,597.39 $ 49,999.76 $ 48,811.53 $ 3,000.00 $ 9,162.31 $ 36,649.22 Total Funding Requested/Allocated 1 Funding Request Proposal released on February 9, 2018 by Committee Staff and Proposals submitted by eligible non-profit organizations and Agencies on March 6, 2018. Funding Proposal Application received by Men & Women of Valor was the wrong application. At their meeting on March 23, 2018, the NRMF Committee gave Men & Women of Valor 30 days to re-submit their application to the NRMF Committee using the correct application and submittal requirements. On April 22, Committee staff received the correct Funding Proposal application. The Men & Women of Valor Proposal application was considered at the NRMF Committee Meeting on June 8th and selected for funding. 2 Costs to have 3rd party organization (CHDC) manage and oversee contracts with Organizations selected for funding is up to twenty (20) percent (%) of award amount after first taking out City/County Contracting cost for $3,000 for City/County to contract directly with CHDC to have CHDC administer non-profit contracts. Attachment 2 - Community Clean-up Projects Table (Strategy 10) 2020/21 Expenditure Plan Funding Allocations for Projects recommended for City/County approval by the North Richmond Mitigation Fee Committee A total of $48,811.53 is recommended to be allocated in the 2020/2021 Expenditure Plan for Community Clean-up Projects (Strategy 10). The following entities were previously selected by the Committee based on a Funding Request Proposal process conducted in 2018.1 Community Clean-up Projects Recommended for Funding in 2020/2021 Page 1 of 3 Garden Project Reporting and Invoicing Requirements Substantially equivalent language to be included in all NRMF-funded Community Project Agreements/Amendments Agreements providing for payments using funding allocated for Community Projects must include provisions that address the requirements contained herein. Contractor shall submit Progress Reports covering each invoice period, using a City/County provided template in conjunction with each monthly invoice in order to be eligible for payment. Contractor shall monitor, document, and report all Project activities associated with the tasks and deliverables described in the agreement and any eligible Project costs for which reimbursement will be requested. Upon completion of work or the end of the contract’s term, Contractor shall submit a Final Report, using a City/County provided template similar to the attached, in conjunction with the final invoice. Task Deliverables The agreement shall assign a dollar amount for each deliverable within each task. Contractor shall only be paid for completed deliverables submitted with all associated supporting documentation. The agreement may include assignment of one dollar amount to multiple deliverables for a specific task when appropriate to substantiate completion of the required task. The Contracting entity (City of County) may authorize partial payment to Contractor for submittal of incomplete deliverables if solely incomplete due to unusual and unforeseen circumstances beyond the control of the Contractor. Contractor must submit written request asking to receive payment for incomplete deliverable containing an explanation as to what factors beyond the Contractor’s control specifically precluded the Contractor from submitting the completed deliverable and why such could not have been foreseen or avoided by Contractor. Timely Submittal of Invoices A separate Reporting & Invoicing budget line item shall be included in the agreement to facilitate timely submittal of invoices, progress reports and other deliverables. Submittal of monthly invoices shall be included as a deliverable and the exact amount that is payable upon timely submittal of each invoice complete with all required supporting documentation shall be specified. The agreement shall provide that no portion of the Reporting & Invoicing budget line item be paid to Contractor for invoices submitted beyond 30 days of any monthly invoice period, or without the required documentation including completed Progress Reports. Pre-approval Required for Supplies and Materials Unless the exact supplies and materials are specified as preauthorized in the Agreement, Contractor shall obtain pre-approval from the Contracting entity (City or County) prior to incurring supplies and materials expenses for which reimbursement will be requested. To request pre-approval, contractor shall provide written request identifying all proposed supplies and materials as well as an explanation demonstrating its reasonable cost and how said items will aid in the completion of each applicable required task. Attendance of Community Meetings and Events Contractor shall attend one North Richmond Green meeting per quarter during the contract period. Documentation substantiating attendance of required meetings shall be included as a deliverable for this task and be included with all applicable monthly invoice(s). Acknowledgment Required on Outreach & Promotional Materials Attachment 3 Page 2 of 3 Any printed outreach materials or promotional items must include “Jointly funded by City of Richmond & Contra Costa County”, with the exception of T-Shirts, which Contractor may request Contracting entity pre-approve to include only the NRGreen.org website address. Authorized Advance Payments In order to receive any potential payment in advance, such must be authorized for the specified Project in Attachment 2 or Attachment 3 of the Expenditure Plan approved by both the County Board of Supervisors and Richmond City Council. No Contractor authorized for advance payment may receive more than ten (10) percent (%) of the approved Implementing Entity Award for this Project. In order to receive any advance payment(s) provided for in the City and County approved Expenditure Plan, the Contractor shall submit a written request to both the City and County Committee Staff detailing the reason(s) advance payment is necessary and itemizing each specific cost that the requested advance payment amount (not to exceed 10% of total award) would pay for and how such costs will aid in the completion of each applicable required task. Conflict of Interest Provisions Contractor shall not employ, subcontract with, or make payment to any person, for the purpose of implementing a specified Project in Attachment 2 or Attachment 3 of the Expenditure Plan that is at the same time employed by Contra Costa County, City of Richmond or any entity that receives Expenditure Plan funding from the County or the City of Richmond, except upon written approval by the Contracting entity (either City or County). Payment Provisions Contractor shall submit invoices and required deliverables on a monthly basis consistent with the amounts and frequency contained in the “Eligible Costs” Section, which together may not total more than $ (enter applicable contract amount). Contractor will only receive payment for eligible costs if such amounts are included on invoices adequately substantiated with required supporting documentation that are all submitted to the Contracting entity on or before July 30th. Invoices or portions thereof for which required supporting documentation has not been submitted by July 30th (or 30 days after any contract end date prior to June 30th) shall not be eligible for payment. 1. Invoices: Invoices shall be submitted monthly and contain the following information in sufficient detail and be submitted in a form, which adequately demonstrates consistency with the “Service Plan” specified in the contract. Invoices shall be accompanied by the applicable deliverables. a. Itemization of any tasks partially or fully completed during the applicable calendar month for which completed deliverables are submitted and associated deliverable payment amount is being requested. 2. Supporting Documentation: The following required supporting documentation must be submitted with invoices when applicable as described below. a. Every invoice must be accompanied by a Progress Report, with the exception of the final invoice, which must be accompanied by a Final Report. Both types of Reports must contain all of the information specified in the City/County provided Report templates, as well as any applicable details specified in the Service Plan as a Contractor’s Obligation. Page 3 of 3 b. All applicable required deliverables associated with the requested payment amounts itemized on each monthly invoice. City/County shall review submitted invoices and supporting documentation within a reasonable period of time and remit payment to Contractor promptly upon determining the purpose and amount of payment requested are authorized under the Agreement. G:\Conservation\Deidra\Illegal Dumping\BMPC Mitigation Fee Committee\_EPs\2020-2021 Exp Plan\Attachment 3_Clean North Richmond Waste & Recovery Mitigation Fee Community-Based Project Progress Report Page 1 of 1 Organization: Contact Person: Progress Report Period: - Brief Description of the Project: Provide a brief description of the project activities/services your Organization is providing with this North Richmond Mitigation Fee (NRMF) funding. Funded activities must be consistent with the signed Agreement. Tasks Accomplished to Date: Describe the various tasks that your Organization has completed in whole or in part during the Progress Report Period (can be bullet points). [Save for use/reference when preparing Final Progress Report.] Materials Produced to Date: Provide a listing of any materials/documents produced during this Progress Report period as a part of this project (e.g. pictures, surveys, handouts, work products, etc.) and attach copies of each. Number of Persons Served to Date: Provide total number served from the NRMF Funding Area during this Progress Report period. Provide total number served from outside the NR Funding Area during this period. Provide total number of residents paid with NRMF funding during this period. North Richmond Green Meeting Attendance to Date: Specify which monthly North Richmond Green meetings (list meeting dates) your Community Based Project representative(s) attended during this Progress Report period. [Must attend at least once per quarter] MEETING DATE(s): ATTENDEE NAME(s): Successes to Date: Identify whether and how your project is addressing the intended problems associated with illegal dumping (be specific). Describe any other beneficial outcomes/success stories resulting from your project activities to date. Challenges to Date: List any and all issues/problems (e.g. change in personnel, inadequate public awareness, applicability of regulatory restrictions/requirements, etc.) identified during this period which may impact the project’s ability to achieve the intended outcome(s) identified by your Organization. Include all challenges/obstacles/barriers that may inhibit or compromise your ability to address the intended illegal dumping problem(s). Lessons Learned to Date & Feedback from Participants/Community: Share any lessons learned from participants, staff and/or the community during this Progress Report period. Provide any feedback about the NRMF-funded project/program received from participants and/or community members (such as copies of quotes, emails/letters and completed surveys/evaluations). Other Project Information: Provide any additional information about your organization’s work that did not fit in any of the other sections, including description(s) of any additional services or enhanced activities provided beyond those specified. Project Expenses to Date: Attach completed Progress Report to each Invoice being submitted for any reimbursable costs incurred during this Progress Report Period. North Richmond Waste & Recovery Mitigation Fee Community-Based Project Final Progress Report Page 1 of 1 Organization: Contact Person: Contract Period: - Brief Description of the Project: Provide a brief description of the project activities/services your Organization provided with this North Richmond Mitigation Fee (NRMF) funding. Funded activities must be consistent with the terms of your signed Agreement. Tasks Accomplished: Describe all project tasks/activities that your Organization completed during the entire contract period. Summarize any work completed not previously reported and consolidate with updated information from prior Progress Reports. Materials Produced: Provide a listing of any materials/documents produced as a part of the program (e.g. pictures, surveys, handouts, work products, etc.). Attach copies of anything not included with prior Progress Reports submitted. Number of Persons Served: Provide total number served from the NRMF Funding Area during the entire contract period. Provide total number served from outside the NR Funding Area during the entire contract period. Provide total number of residents paid with NRMF funding during the entire contract period. North Richmond Green Meeting Attendance: Specify which monthly North Richmond Green meetings (list all meeting dates) your Community Based Project representative(s) attended during the contract period. [Must attend at least once per quarter] MEETING DATE(s): ATTENDEE NAME(s): Successes: Identify extent to which your project addressed the intended problems associated with illegal dumping and how (be specific). Describe any other beneficial outcomes/success stories resulting from your project activities. Challenges: Explain why your Organization was not able to achieve the intended project outcomes and/or address the illegal dumping problems previously identified, if applicable. Include any challenges/obstacles/barriers (e.g. personnel changes, lack of public awareness, previously unknown regulatory restrictions/requirements, etc.) that compromised or inhibited your project’s success in addressing problems associated with illegal dumping. Lessons Learned & Feedback from Participants/Community: Share any lessons learned from participants, staff and/or the community during the contract period. Summarize all participant and/or community feedback received about this NRMF-funded project/program (attach any findings/summary of final project evaluation and copies of related documents not previously submitted). Other Project Information: Provide any additional information about your organization’s work that did not fit in any of the other sections, including description(s) of any additional services or enhanced activities provided beyond those specified. Final Project Expenses: Attach completed Final Progress Report to the Final Invoice being submitted for any reimbursable costs not included on invoice(s) submitted with prior Progress Report(s). Implementing Entity / Fiscal Sponsor (if applicable) Project Title Advance Payment Allowed (Up to 10% of Implementer Award Amount) Requested Amount Total Award Amount County Contracting Costs2 CHDC Contracting Cost (20%) to Manage Non- Profits2 Non-Profit Implementer Award Amount for Project Notes Watershed Project Curb Appeal No $ 29,986.25 $ 28,062.13 $ 1,747.34 $ 5,262.96 $ 21,051.83 Communities United Restoring Mother Earth (CURME) / Greater Richmond Interfaith Program Lots of Crops No $ 15,092.00 $ 20,117.66 $ 1,252.66 $ 3,773.00 $ 15,092.00 Total Funding Requested/Allocation Recommended $ 45,078.25 $ 48,179.79 3,000.00 9,035.96 $ 36,143.83 1 Funding Request Proposal released on February 9, 2018 by Committee Staff and Proposals submitted by eligible non-profit organizations and Agencies on March 6, 2018. Attachment 4 - Garden Projects (Strategy 13) 2020/2021 Funding Allocations for Garden Projects recommended for City/County approval by the North Richmond Mitigation Fee Committee A total allocation of $48,179.79 is recommended to be allocated in the 2020/2021 Expenditure Plan for Garden Projects.The following entities were previously selected by the Committee based on a Funding Request Proposal process conducted in 2018.1 Garden Projects Recommended for Funding in 2020/2021 2 Costs to have 3rd party organization (CHDC) manage and oversee contracts with Organizations selected for funding is up to twenty (20) percent (%) of award amount after first taking out City/County Contracting cost of $3,000 for City/County to contract directly with CHDC to have CHDC administer non-profit contracts. Hensley St Ga r r a r d Bl v d Richmond Pkwy 7th St Hensley St Duboce Ave Sanford Ave 8th St Willard Ave 9th St York St Vernon Ave Filbert St Lincoln Ave Battery St Factory StN Castro St Kelsey St 6th St Tri angl e Ct Leo St 10th St Amstan Ln Cherry St Lucas Ave Presco Ln J o y A v e Enterprise Ave Factory StCommittee Approved Additions to Primary Mitigation Funding Area Market Ave Chesley Ave Rumrill BlvdLegend July 2006 Additiion to Mitigatin Funding Area Primary Mitigation Funding Area ²0 130 260 390 52065Feet RECOMMENDATION(S): ACCEPT the September 2020 Operations Update of the Employment and Human Services Department, Community Services Bureau as recommended by the Employment and Human Services Director. FISCAL IMPACT: There is no fiscal impact. BACKGROUND: The Employment and Human Services Department submits a monthly report to the Contra Costa County Board of Supervisors (BOS) to insure communication and updates to the County Administrator and BOS regarding any all issues pertaining to the Head Start Program and Community Services Bureau. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 62 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:November 17, 2020 Contra Costa County Subject:September 2020 Operations Update of the Employment and Human Services Department, Community Services Bureau ATTACHMENTS CSB Sept 2020 CAO Report CSB Sept 2020 HS Financials CSB Sept 2020 EHS Financials CSB Sept 2020 EHS CC Partnership Financials CSB Sept 2020 CACFP Nutrition Report CSB Sept 2020 LIHEAP CSB Sept 2020 Credit Card Report CSB Sept 2020 Menu P: 925 681 6300 F: 925 313 8301 1470 Civic Court , Suite 200 Concord, CA 94520 www.cccounty.us/ehsd To: David Twa, Contra Costa County Administrator From: Kathy Gallagher, EHSD Director Subject: Community Services Monthly Report Date: September 2020 News /Accomplishments  Comprehensive Services staff are enrolling children in Head Start or Early Head Start and having virtual family meetings to support families with needs for IEP/IFSP Annual and Transition meetings, nutritional needs, health needs, and more.  CSB held the first Partner Learning Community meeting on September 30. We discussed Child Outcomes reports, distance learning plans, strengths, highlights, refresher trainings, and guidelines in all Child Development content areas.  Early Childhood Mental Health Program (ECMHP) has started to offer mental health services for teaching staff via zoom.  All CSB, First Baptist Head Start and partner sites reopened for the 2020-2021 school year, 48% of all slots are being offered for in-class services.  Local Census representatives will provide Questionnaire Assistance Center (QAC) to help parents complete the Census during outdoor grab and go’s at sites in Richmond. Parents will receive various incentives for their participation.  CSB received an augmentation of $1,621,933 for the Alternative Payment Program. These funds are to be spent on emergency child care enrollments, transitioning families with a temporary emergency childcare voucher into ongoing care, and to reimburse providers based on child’s maximum certified hours of care until funds are exhausted. In addition, CalWORKs Stage 2 is also receiving $377,489 to reimburse providers based on a child’s maximum certified hours of care until funds are exhausted.  The Economic Opportunity Council (EOC) Chair, Renee Zeimer, was hosted by the Head Start Policy Council and conducted a Safe Voting training for all Head Start Parents. Parents were instructed how to check their voter status, how to read and mark a ballot, and were encourage d to vote as soon as they receive their ballot.  The EOC has awarded 14 subcontracts for the CARES Act Funding for services related to COVID-19 effects in the area of housing/rental payment assistance, food/nutrition, and mental health supports.  CSB held a virtual orientation for the 2020-2021 Policy Council on September 26th and on September 30th the body elected their new Executive Committee for the program year. I. Status Updates: a. Caseloads, workload (all programs)*  Head Start enrollment: 87.2%  Early Head Start enrollment: 97.11% cc: Policy Council Chair Administration for Children and Families Program Special ist, Chris Pflaumer 2  Early Head Start Child Care Partnership # 1 enrollment: 95.83%  Early Head Start Child Care P artnership # 2 enrollment: 87.89%  Head Start Average Daily Attendance: 79.95%  Early Head Start Average Daily Attendance: 73.69%  Early Head Start Child Care Partnership (CCP) Attendance: - CCP 1: 93.49% - CCP 2: 68.01%  Stage 2: 448 families and 664 children  CAPP: 318 families and 450 children - In total: 766 families and 1,114 children - Incoming transfers from Stage 1: 5 families and 9 children  LIHEAP: 167 households have been assisted  Weatherization**: one household have been assisted. b. Staffing:  The Department continues to work with the CAO on clearing essential positions to be filled permanently or by TU during the freeze. Key management and support positions remain vacant as we work through the process with support from Personnel and HR.  Interviews are in process for vacancies in Site Supervisor I and III positions, both in Richmond.  Due to several permanent vacancies for ASA III positions, we have processed several Temporary Upgrades to cover essential and critical operations. We have submitted request for a County recruitment. c. Union o There are no union updates to report. II. Emerging Issues and Hot Topics:  CSB closed two classrooms Monday, September 2, due to a COVID positive staff member in a cohort, which impacted the adjoining room. After consultation with HSD the adjoining room reopened after two days; the primarily exposed cohort will re -open after the designated time period and follow -up with all cohort staff and families to ensure all cohort members continue to be symptom -free prior to their return. * Attendance has been impacted by the COVID-19 Shelter in Place. CSB and First Baptist centers were closed August 10th-September 7th ** Due to Shelter in Place and the increase in COVID-19 numbers, weatherization is only providing emergency cooling needs for eligible households. 1 2 3 4 5 6 Actual Total YTD Total Remaining 67% Aug-20 Actual Budget Budget % YTD a. Salaries & Wages (Object Class 6a) Permanent 1011 321,805 2,509,083 4,414,341 1,905,258 57% Temporary 1013 14,499 155,451 337,830 182,379 46% a. PERSONNEL (Object class 6a)336,304 2,664,534 4,752,171 2,087,637 56% b. FRINGE BENEFITS (Object Class 6b) Fringe Benefits 209,766 1,684,469 2,938,208 1,253,739 57% b. FRINGE (Object Class 6b)209,766 1,684,469 2,938,208 1,253,739 57% c. Travel (Object Class 6c)- - - - - HS Staff - - 28,742 28,742 - c. TRAVEL (Object Class 6c)- - 28,742 28,742 - e. SUPPLIES (Object Class 6e) 1. Office Supplies 8,114 24,389 65,000 40,611 38% 2. Child and Family Services Supplies (Includesclassroom Supplies)322 14,357 95,000 80,644 15% 4. Other Supplies Health and Safety Supplies - - 1,000 1,000 0% Computer Supplies, Software Upgrades, Computer Replacement 30,000 89,168 60,000 (29,168) 149% Health/Safety Supplies - - 2,000 2,000 0% Mental helath/Diasabilities Supplies - 345 1,000 655 Miscellaneous Supplies - 4,584 16,000 11,416 29% Emergency Supplies - - 1,000 1,000 0% Employee Morale 63 2,548 7,000 4,452 36% Household Supplies - - 6,000 6,000 0% TOTAL SUPPLIES (6e)38,499 135,390 254,000 118,610 53% f. CONTRACTUAL (Object Class 6f) 1. Adm Svcs (e.g., Legal, Accounting, Temporary Contracts)- 29,157 63,000 33,843 46% 2. Health/Disabilities Services - - - - Estimated Medical Revenue from Medi-Cal (Org 1432 - credit)- - (376,359) (376,359) 0% Health Consultant - 32,040 50,000 17,960 64% 5. Training & Technical Assistance - PA11 Interaction - 47,525 49,000 1,475 97% Diane Godard ($50,000/2)(2,401) 18,506 21,000 2,494 88% Josephine Lee ($35,000/2)- (676) 1,000 1,676 -68% Susan Cooke ($60,000/2)- 12,851 15,400 2,549 83% 7. Delegate Agency Costs First Baptist Church Head Start PA22 179,157 1,331,633 2,511,719 1,180,086 53% First Baptist Church Head Start PA20 - 8,000 8,000 - 100% 8. Other Contracts First Baptist/Fairgrounds Wrap (20 slots x 243days x $15.27)- 39,074 74,823 35,749 52% First Baptist/Fairgrounds Enhance (68 slots x 12 x $225)- 40,905 140,949 100,044 29% FB-E. Leland/Mercy Housing Partnership - 136,908 149,646 12,738 91% Martinez ECC (40 slots x 12 mos. x $225)- 76,129 136,350 60,221 56% Tiny Toes - 21,816 79,992 58,176 27% YMCA of the East Bay - 329,260 673,376 344,116 49% Child Outcome Planning and Administration (CLOUD/Nulinx)- - 3,100 3,100 0% f. CONTRACTUAL (Object Class 6f)176,756 2,123,129 3,600,996 1,477,867 59% h. OTHER (Object Class 6h) 2. Bldg Occupancy Costs/Rents & Leases 26,110 282,531 440,000 157,469 64% 4. Utilities, Telephone 10,351 149,521 188,500 38,979 79% 5. Building and Child Liability Insurance - 2,312 3,000 689 77% 6. Bldg. Maintenance/Repair and Other Occupancy 2,225 60,348 198,135 137,787 30% 8. Local Travel (55.5 cents per mile effective 1/1/2012)36 8,065 40,000 31,935 20% 9. Nutrition Services Child Nutrition Costs 20,016 159,950 351,000 191,050 46% (CCFP & USDA Reimbursements)(4,414) (54,799) (106,000) (51,201) 52% 13. Parent Services Parent Conference Registration - PA11 - 1,019 1,000 (19) 102% Parent Resources (Parenting Books, Videos, etc.) - PA11 - 552 825 273 67% PC Orientation, Trainings, Materials & Translation - PA11 - 166 7,775 7,609 2% Policy Council Activities - 559 2,000 1,441 28% Male Involvement Activities - - 500 500 0% Parent Activities (Sites, PC, BOS luncheon) & Appreciation - - 5,000 5,000 0% Child Care/Mileage Reimbursement - 883 10,000 9,117 9% 14. Accounting & Legal Services Auditor Controllers - 2,237 2,500 263 89% Data Processing/Other Services & Supplies - 8,248 18,500 10,252 45% 15. Publications/Advertising/Printing Outreach/Printing - - 500 500 0% Recruitment Advertising (Newspaper, Brochures)- 6,713 7,000 288 96% 16. Training or Staff Development Agency Memberships (WIPFLI, Meeting Fees, NHSA, NAEYC, etc.)153 10,420 38,958 28,539 27% Staff Trainings/Dev. Conf. Registrations/Memberships - PA11 8,345 64,591 54,586 (10,005) 118% Family, Community and Parent Involvement - - 37,458 37,458 0% 17. Other Site Security Guards - 3,986 9,000 5,014 44% Dental/Medical Services - - 1,000 1,000 0% Vehicle Operating/Maintenance & Repair 6,091 62,627 95,000 32,373 66% Equipment Maintenance Repair & Rental 7,576 40,825 58,000 17,175 70% Dept. of Health and Human Services-data Base (CORD)1,667 6,667 10,100 3,433 66% Field Trips - - 2,000 2,000 0% Other Operating Expenses (Facs Admin/Other admin)9,010 501,206 603,000 101,794 83% Covid Expenditures 817 69,954 961,415 891,461 7% Other Departmental Expenses - 498,803 3,189,700 2,690,897 16% h. OTHER (6h)87,983 1,887,380 6,230,452 4,343,072 30% I. TOTAL DIRECT CHARGES (6a-6h)849,307 8,494,903 17,804,569 9,309,666 48% j. INDIRECT COSTS - 342,642 990,786 648,144 35% k. TOTALS (ALL BUDGET CATEGORIES)849,307 8,837,544 18,795,355 9,957,811 47% Non-Federal Share (In-kind)212,327 2,458,999 4,228,594 1,769,595 58% CONTRA COSTA COUNTY - COMMUNITY SERVICES BUREAU HEAD START PROGRAM BUDGET PERIOD JANUARY - DECEMBER 2020 AS OF AUGUST 2020 AUGUST Total Remaining 67% DESCRIPTION YTD Actual Budget Budget %YTD a. PERSONNEL 2,664,534$ 4,752,171$ 2,087,637$ 56% b. FRINGE BENEFITS 1,684,469 2,938,208 1,253,739 57% c. TRAVEL - 28,742 28,742 0% d. EQUIPMENT - - - 0% e. SUPPLIES 135,390 254,000 118,610 53% f. CONTRACTUAL 2,123,129 3,600,996 1,477,867 59% g. CONSTRUCTION - - - 0% h. OTHER 1,887,380 6,230,452 4,343,072 30% I. TOTAL DIRECT CHARGES 8,494,903$ 17,804,569$ 9,309,666$ 48% j. INDIRECT COSTS 342,642 990,786 648,144 35% k. TOTAL-ALL BUDGET CATEGORIES 8,837,544$ 18,795,355$ 9,957,811$ 47% In-Kind (Non-Federal Share)2,458,999$ 4,228,594$ 1,769,595$ 58% CONTRA COSTA COUNTY - COMMUNITY SERVICES BUREAU HEAD START PROGRAM BUDGET PERIOD JANUARY - DECEMBER 2020 AS OF AUGUST 2020 1 2 3 4 5 6 Actual Total YTD Total Remaining 67% Aug-20 Actual Budget Budget % YTD a. Salaries & Wages (Object Class 6a) Permanent 1011 37,540 313,856 344,962 31,106 91% Temporary 1013 - 392 76,107 75,715 1% a. PERSONNEL (Object class 6a)37,540 314,248 421,069 106,821 75% b. FRINGE (Object Class 6b)23,714 196,555 234,303 37,748 84% c. Travel (Object Class 6c) 1. Out-of-Town Travel - - 2,000 2,000 - c. TRAVEL (Object Class 6c)- - 2,000 2,000 - e. SUPPLIES (Object Class 6e) 1. Office Supplies 201 429 5,500 5,071 8% 2. Child and Family Services Supplies (Includesclassroom Supplies)- 645 14,000 13,355 5% 4. Other Supplies Computer Supplies, Software Upgrades, Computer Replacement - 4,470 5,000 530 89% Health/Safety Supplies - - 700 700 0% Miscellaneous Supplies - 472 200 (272) 236% Household Supplies 21 182 2,200 2,018 8% Employee Health and Welfare costs (formerly Employee morale)- - 200 200 0% TOTAL SUPPLIES (6e)222 6,199 27,800 21,601 22% f. CONTRACTUAL (Object Class 6f) 1. Adm Svcs (e.g., Legal, Accounting, Temporary Contracts)- 88 1,000 912 9% 2. Health/Disabilities Services Health Consultant - 6,760 7,800 1,040 87% 5. Training & Technical Assistance - PA11 Interaction - - 5,500 5,500 0% Diane Godard ($50,000/2)(3,956) 9,188 6,500 (2,688) 141% Josephine Lee ($35,000/2)- 4,093 5,000 908 82% Susan Cooke ($60,000/2)- - 5,500 5,500 0% 8. Other Contracts First Baptist/Fairgrounds and Lone Tree (7,070) 58,580 115,140 56,560 51% First Baptist/East Leland and Kids Castle (8,080) 83,830 181,800 97,970 46% Aspiranet - 413,595 812,040 398,445 51% Crossroads (13,635) 83,325 155,540 72,215 54% KinderCare (23,735) 39,895 96,960 57,065 41% Martinez ECC - 43,935 96,960 53,025 45% YMCA of the East Bay - 79,992 191,156 111,164 42% Child Outcome Planning and Administration (CLOUD/Nulinx)- - 1,000 1,000 0% f. CONTRACTUAL (Object Class 6f)(56,476) 823,280 1,681,896 858,616 49% h. OTHER (Object Class 6h) 2. Bldg Occupancy Costs/Rents & Leases 891 2,060 2,200 140 94% 4. Utilities, Telephone 178 1,749 3,600 1,851 49% 6. Bldg. Maintenance/Repair and Other Occupancy 33 1,285 5,600 4,315 23% 8. Local Travel (55.5 cents per mile effective 1/1/2012)- 317 3,100 2,783 10% 9. Nutrition Services Child Nutrition Costs - - 300 300 0% 13. Parent Services Parent Conference Registration - PA11 - - 4,000 4,000 0% PC Orientation, Trainings, Materials & Translation - PA11 - - 4,000 4,000 0% Policy Council Activities - - 800 800 0% Parent Activities (Sites, PC, BOS luncheon) & Appreciation - 31 2,000 1,969 2% Child Care/Mileage Reimbursement - 106 800 694 13% 14. Accounting & Legal Services Auditor Controllers - - 500 500 0% Data Processing/Other Services & Supplies - 2,540 4,500 1,960 56% Recruitment Advertising (Newspaper, Brochures)- - 100 100 0% 16. Training or Staff Development Agency Memberships (WIPFLI, Meeting Fees, NHSA, NAEYC, etc.)- - 2,500 2,500 0% Staff Trainings/Dev. Conf. Registrations/Memberships - PA11 - 12,327 47,944 35,617 26% 17. Other Site Security Guards - 13 500 487 Vehicle Operating/Maintenance & Repair 468 1,867 11,000 9,133 17% Equipment Maintenance Repair & Rental 1,444 2,955 2,000 (955) 148% Dept. of Health and Human Services-data Base (CORD)- - 1,000 1,000 0% Other Operating Expenses (Facs Admin/Other admin)- 92,687 312,000 219,313 30% COVID Expenditures - 8,185 273,309 265,124 3% Other Departmental Expenses - 183,869 1,015,043 831,174 18% h. OTHER (6h)3,015 309,990 1,696,796 1,386,806 18% I. TOTAL DIRECT CHARGES (6a-6h)8,014 1,650,271 4,063,864 2,413,593 41% j. INDIRECT COSTS - 23,982 86,579 62,597 28% k. TOTALS (ALL BUDGET CATEGORIES)8,014 1,674,253 4,150,443 2,476,190 40% Non-Federal Share (In-kind)2,004 494,695 922,786 428,091 54% CONTRA COSTA COUNTY - COMMUNITY SERVICES BUREAU EARLY HEAD START PROGRAM BUDGET PERIOD JANUARY - DECEMBER 2020 AS OF AUGUST 2020 AUGUST Total Remaining 67% DESCRIPTION YTD Actual Budget Budget %YTD a. PERSONNEL 314,248$ 421,069$ 106,821$ 75% b. FRINGE BENEFITS 196,555 234,303 37,748 84% c. TRAVEL - 2,000 2,000 0% d. EQUIPMENT - - - 0% e. SUPPLIES 6,199 27,800 21,601 22% f. CONTRACTUAL 823,280 1,681,896 858,616 49% g. CONSTRUCTION - - - 0% h. OTHER 309,990 1,696,796 1,386,806 18% I. TOTAL DIRECT CHARGES 1,650,271$ 4,063,864$ 2,413,593$ 41% j. INDIRECT COSTS 23,982 86,579 62,597 28% k. TOTAL-ALL BUDGET CATEGORIES 1,674,253$ 4,150,443$ 2,476,190$ 40% In-Kind (Non-Federal Share)494,695$ 922,786$ 428,091$ 54% CONTRA COSTA COUNTY - COMMUNITY SERVICES BUREAU EARLY HEAD START PROGRAM BUDGET PERIOD JANUARY - DECEMBER 2020 AS OF AUGUST 2020 1 2 3 4 5 6 Actual Total YTD Total Remaining 100% Aug-19 Actual Budget Budget YTD Expenditures a. Salaries & Wages (Object Class 6a) Permanent 1011 18,083 374,547 341,289 (33,258) 110% Temporary 1013 - - 13,347 13,347 0% COVID-19 One Time - - 16,448 16,448 0% TOTAL PERSONNEL (6a)18,083 374,547 371,084 (3,463) 101% b. FRINGE BENEFITS (Object Class 6b) Fringe Benefits 10,898 235,668 247,901 12,233 95% COVID-19 One Time - - 10,240 10,240 0% TOTAL FRINGE (6b)10,898 235,668 258,141 22,473 91% c. Travel (Object Class 6c) 1. Out-of-Town Travel (T/TA)- 250 500 250 50% TOTAL TRAVEL (6c)- 250 500 250 50% e. SUPPLIES (Object Class 6e) 1. Office Supplies 54 1,214 2,280 1,066 53% 2. Child and Family Services Supplies (Incl.classroom Supplies)- 6,134 16,000 9,866 38% 3. Other Supplies Computer Supplies, Software Upgrades, Computer Replacement- 1,429 3,800 2,371 38% Miscellaneous Supplies - 1,016 300 (716) 339% Household Supplies 14 146 3,200 3,054 5% 4. COVID-19 One Time - 167 2,429 2,262 7% TOTAL SUPPLIES (6e)68 10,106 28,009 17,903 36% f. CONTRACTUAL (Object Class 6f) 1. Adm Svcs (e.g., Legal, Accounting, Temporary Contracts)- 71 1,900 1,829 4% 2. Other Contracts COCOKids (52 slots x $505 x 12 months)- 303,000 367,640 64,640 82% Loss of Subsidy - - 11,676 11,676 0% Children and Family Supplies (Diapers, wipes, etc)(3,920) 14,410 14,000 (410) 103% First Baptist (20 slots x $505 x 12 months)- 117,160 141,400 24,240 83% 3. COVID-19 One-Time - - - - TOTAL CONTRACTUAL (6f)(3,920) 434,641 536,616 101,975 81% h. OTHER (Object Class 6h) 1. Bldg Occupancy Costs/Rents & Leases 1,359 21,051 19,000 (2,051) 111% 2. Utilities, Telephone 49 3,663 5,200 1,537 70% 3. Bldg. Maintenance/Repair and Other Occupancy 668 1,670 2,000 330 84% 4. Local Travel (58 cents per mile effective 1/1/2019)- 35 1,405 1,370 2% 5. Parent Services Parent Activities (Sites, PC, BOS luncheon, including food and venue)- - 600 600 0% 6. Accounting & Legal Services Auditor Controllers - - 245 245 0% Data Processing/Other Services & Supplies - - 200 200 0% 7. Staff Trainings/Dev. Conf. Registrations/Memberships - PA11 (T/TA)- 1,718 29,725 28,007 6% 8. Other Equipment Maintenance Repair & Rental 17 853 1,100 247 78% Other Operating Expenses (CSD Admin/Facs Mgt. Alloc)- 54,025 29,977 (24,048) 180% 9. COVID-19 One-Time Other Operating Expenses (CSD Admin/Facs Mgt. Alloc)- - 34,157 34,157 0% TOTAL OTHER (6h)2,093 83,015 123,609 40,594 67% I. TOTAL DIRECT CHARGES (6a-6h)27,223 1,138,227 1,317,959 179,732 86% j. INDIRECT COSTS - 94,816 73,483 (21,333) 129% k. TOTALS - ALL BUDGET CATEGORIES 27,223 1,233,043 1,391,442 158,399 89% Non-Federal Match (In-Kind)6,806 295,058 332,042 36,983 89% Note: CONTRA COSTA COUNTY-COMMUNITY SERVICES BUREAU EARLY HEAD START- CC PARTNERSHIP #1 AS OF AUGUST 2020 BUDGET PERIOD JULY 2019 - AUGUST 2020 On June 3, 2020 the Administration for Children and Families (ACF) approved an extension of this budget period from FY ending June 30, 2020 to FY ending August 31, 2020. The budget period is now 14 months instead of 12 months. The two Early Child Start Childcare Programs will be consolidated into one program and that is the reason for this extension. The amendment awarded an additional $185,421 in operations and $4,318 for training and technical assistance. On June 26, 2020 ACF awarded this program $63,274 to prevent, prepare for and respond to COVID-19. DESCRIPTION August Total Remaining 100% YTD Actual Budget Budget % YTD a. PERSONNEL 374,547$ 371,084$ (3,463)$ 101% b. FRINGE BENEFITS 235,668 258,141 22,473 91% c. TRAVEL 250 500 250 50% d. EQUIPMENT - - - 0% e. SUPPLIES 10,106 28,009 17,903 36% f. CONTRACTUAL 434,641 536,616 101,975 81% g. CONSTRUCTION - - - 0% h. OTHER 83,015 123,609 40,594 67% I. TOTAL DIRECT CHARGES 1,138,227$ 1,317,959$ 179,732$ 86% j. INDIRECT COSTS 94,816 73,483 (21,333) 129% k. TOTAL-ALL BUDGET CATEGORIES 1,233,043$ 1,391,442$ 158,399$ 89% In-Kind (Non-Federal Share)295,058$ 332,042$ 36,983$ 89% Note: CONTRA COSTA COUNTY-COMMUNITY SERVICES BUREAU EARLY HEAD START- CC PARTNERSHIP #1 BUDGET PERIOD JULY 2019 - AUGUST 2020 AS OF AUGUST 2020 On June 3, 2020 the Administration for Children and Families (ACF) approved an extension of this budget period from FY ending June 30, 2020 to FY ending August 31, 2020. The budget period is now 14 months instead of 12 months. The two Early Child Start Childcare Programs will be consolidated into one program and that is the reason for this extension. The amendment awarded an additional $185,421 in operations and $4,318 for training and technical assistance. On June 26, 2020 ACF awarded this program $63,274 to prevent, prepare for and respond to COVID-19. 2020 Month covered AUGUST Approved sites operated this month 13 Number of days meals served this month 5 Average daily participation 153 Child Care Center Meals Served: Breakfast 633 Lunch 766 Supplements 584 Total Number of Meals Served 1,983 Claim Reimbursement Total $4,633 fldr/fn:2020 CAO Monthly Reports EMPLOYMENT & HUMAN SERVICES DEPARTMENT COMMUNITY SERVICES BUREAU CHILD NUTRITION FOOD SERVICES CHILD and ADULT CARE FOOD PROGRAM MEALS SERVED FY 2020-2021 CAO Monthly Report CSBG and Weatherization Programs Year-to-Date Expenditures As of Aug 31, 2020 1.2020 LIHEAP WX Contract # 20B-2005 Term: Oct. 1, 2019 - June 30, 2021 Amount: WX $ 1,059,676 Total Contract 1,059,676$ Expenditures (874,726) Balance 184,950$ Expended 83% 2.2020 LIHEAP ECIP/EHA 16 Contract # 20B-2005 Term: Oct. 1, 2019 - June 30, 2021 Amount: EHA 16 $ 938,862 Total Contract 938,862$ Expenditures (627,307) Balance 311,555$ Expended 67% 3.2020 COMMUNITY SERVICES BLOCK GRANT (CSBG) Contract # 20F-3007 Term: Jan. 1, 2020 - May 31,2021 Amount: $ 868,084 Total Contract 868,084$ Expenditures (425,399) Balance 442,685$ Expended 49% Prepared: Sept. 21, 2020 fldr/fn:CAO Monthly Reports/WX YTD Exp-CAO Mo Rprt 8-2020 Stat. Date Amount Program Purpose/Description 08/24/20 2.00 Indirect Admin Costs Office Exp 2.00 08/24/20 998.33 HS CARES COVID-19 Books, Periodicals 08/24/20 1,497.49 HS CARES COVID-19 Books, Periodicals 2,495.82 08/24/20 1,719.05 HS CARES COVID-19 Minor Furniture/Equipment 08/24/20 54.25 Indirect Admin Costs Minor Furniture/Equipment 08/24/20 333.84 HS Basic Grant Minor Furniture/Equipment 2,107.14 08/24/20 150.08 HS CARES COVID-19 Clothing & Personal Suppl 150.08 08/24/20 359.00 HS Basic Grant Training & Registration 08/24/20 250.00 HS CARES COVID-19 Training & Registration 08/24/20 1,490.00 Head Start T & TA Training & Registration 2,099.00 08/24/20 2,119.43 HS Basic Grant Misc Services/Supplies 08/24/20 63.34 EHS-Child Care Partnership Misc Services/Supplies 08/24/20 183.12 HS CARES COVID-19 Misc Services/Supplies 08/24/20 27.18 Los Arboles Site Costs Misc Services/Supplies 08/24/20 41.51 HS Basic Grant Misc Services/Supplies 2,434.58 Total 9,288.62 COMMUNITY SERVICES BUREAU SUMMARY CREDIT CARD EXPENDITURE August 2020 SEPTEMBER 2020 – COMMUNITY SERVICES BUREAU PRESCHOOL MENU MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 7 8 BREAKFAST 1 ea. Fresh Banana ½ c. Cornflakes LUNCH 1½ oz. TURKEY TACOS WITH CHEESE ¼ c. Shredded Lettuce & Tomatoes ¼ c. Mango Chunks 2 ea. Mini Corn Tortillas PM SNACK ½ c. Cucumber Slices & Carrot Sticks ⅛ c. Cottage Cheese Ranch Dip 9 BREAKFAST 1 ea. Fresh Apple ½ sl. Whole Wheat Cinnamon Bread 1 ea. Turkey Sausage LUNCH 1 ½ ozs. OVEN BAKED CHICKEN ¼ c. Broccoli Florets/Ranch Dressing ½ ea. Fresh Peach ¼ c. Spanish Quinoa PM SNACK Early Closure 10 BREAKFAST ½ c. Fresh Strawberries ½ ea. Whole Wheat English Muffin/Cream Cheese LUNCH ⅜ c. SEASONED BLACKEYE PEAS ¼ c. Collard Greens 1 sl. Fresh Cantaloupe Melon 1 sq. Homemade Whole Wheat Cornbread PM SNACK ½ c. Cauliflower Florets & Zucchini Sticks/Ranch Dressing 2 pkgs. Wheatworth Crackers 11 BREAKFAST 1 ea. Fresh Banana ¾ c. Cheerios LUNCH 1½ ozs. TURKEY & SWISS CHEESE Mayo & Mustard Dressing ¼ c. Green Leaf Lettuce & Tomato Slice ½ ea. Fresh Apple 1 sl. Whole Wheat Bread PM SNACK – NUTRITION EXPERIENCE ¼ c. Celery Sticks 1 tbsp. Sunbutter ½ c. 1% Milk 14 BREAKFAST 1 ea. Fresh Kiwi ½ c. Cornflakes LUNCH 1 ea. *SOUTHWEST VEGGIE WRAP (coleslaw mix, cucumbers, black beans, salsa, romaine, spinach, and cheddar cheese) ¼ c. Fresh Strawberries 1 ea. Whole Wheat Tortilla PM SNACK 1 ea. Fresh Apple 1 tbsp. Sunbutter 15 BREAKFAST 1 ea. Fresh Orange ½ ea. Whole Wheat Bagel/Cream Cheese LUNCH 1½ ozs. SLOPPY JOE (ground turkey) ½ c. Spinach Salad/Ranch Dressing 1 sl. Fresh Canteloupe Melon 1 ea. Whole Wheat Hamburger Bun PM SNACK 1 pkg. Goldfish Pretzel Crackers ½ c. 1% Milk 16 BREAKFAST ½ c. Pineapple Chunks 1 sq. Homemade Zucchini Bread LUNCH 1 c.*STIR-FRY CHICKEN (diced chicken, shredded cabbage, carrots, & whole wheat spaghetti) ½ ea. Fresh Peach PM SNACK 1 pkg. Animal Crackers ½ c. 1% Milk 17 BREAKFAST 1 ea. Fresh Banana ¼ c. Cinnamon Oatmeal With Vanilla & Raisins LUNCH 1 ea. *MEXICAN PIZZA (refried beans, tomato paste, chunky salsa) ½ oz. Shredded Mozzarella Cheese 1 ea. Fresh Kiwi 1 ea. Whole Wheat Flour Tortilla PM SNACK ½ c. Cucumber & Tomato Salad With Italian Dressing 2 pkgs. Wheatworth Crackers 18 BREAKFAST 1 ea. Fresh Apricot ½ sl. Whole Wheat Toast ⅛ c. Srambled Eggs & Turkey Ham LUNCH ½ c. CURRY CHICKEN SALAD ¼ c. Zucchini Sticks ¼ c. Fresh Strawberries ½ ea. Pita Bread PM SNACK ¼ c. Homemade Pico De Gallo 5 ea. Whole Grain Corn Tortilla Chips ½ c. 1% Milk 21 BREAKFAST 1 ea. Fresh Apple ¾ c. Kix Cereal LUNCH ¾ c. *SANTA FE RICE & BEANS (pinto beans, tomatoes, salsa, cheese, sour cream, & brown rice) 1 ea. Fresh Kiwi PM SNACK 1 pkg. Cheese Crackers ½ c. 1% Milk 22 BREAKFAST 1 ea. Fresh Banana ½ c. Bran Cereal LUNCH 1 c. *WHITE CHICKEN CHILI ¼ c. Fresh Strawberries 5 ea. Whole Grain Corn Tortilla Chips PM SNACK ½ c. Cucumber & Carrot Sticks/Ranch Dressing ½ c. 1% Milk 23 BREAKFAST ½ c. Fresh Papaya ½ c. Cheerios LUNCH 1½ ozs. TURKEY HOAGIE SANDWICH Mayo & Mustard Dressing ¼ c. Zucchini Sticks ½ ea. Fresh Nectarine PM SNACK Early Closure 24 BREAKFAST 1 ea. Fresh Orange ½ ea. Whole Wheat Bagel/Cream Cheese LUNCH ½ c. RED POZOLE SOUP (diced chicken, tomato paste, hominy) ¼ c. Shredded Cabbage & Cilantro ¼ c. Mango Chunks 1 ea. Whole Wheat Tortilla PM SNACK 1 ea. Cauliflower Breadstick 2 pkgs Wheatworth Crackers 25 BREAKFAST 1 ea. Fresh Peach ¾ c. Rice Chex LUNCH ½ c. TUNA SALAD (tuna, eggs, mayo, relish, celery, onions) ½ c. Spring Salad Mix/Italian Dressing ¼ c. Fresh Strawberries 1 sl. Whole Wheat Bread PM SNACK ¾ c. Lets Go Fishing Trail Mix (corn chex, pretzels, fish & cheese crackers) ½ c. 1% Milk 28 BREAKFAST 1 ea. Fresh Banana ½ sl. Whole Wheat Cinnamon Bread LUNCH ¾ c. RED BEANS AND RICE ½ c. Spinach Salad/Ranch Dressing ½ ea. Fresh Peach PM SNACK ½ ea. Pita Pocket Bread/Hummus ½ c. 1% Milk 29 BREAKFAST 1 ea. Fresh Apple ¾ c. Rice Chex LUNCH 1 c. WHOLE GRAIN ROTINI & CHEESE ¼ c. Rainbow Coleslaw ½ ea. Fresh Nectarine PM SNACK ½ c. Carrots & Celery Sticks ⅛ c. Bean Dip 30 BREAKFAST 1 ea. Fresh Kiwi ½ c. Bran Cereal LUNCH 1 c. CHICKEN CHILAQUILES WITH WHOLE GRAIN CORN TORTILLA CHIPS ¼ c. Roasted Rainbow Carrots ½ ea. Fresh Orange PM SNACK ¾ c. FRIENDS TRAIL MIX (kix, cheerios, corn chex, raisins, pretzels, & dried apricots) ½ c. 1% Milk ALL BREAKFAST & LUNCH SERVED WITH 1% MILK *Indicates vegetable included in main dish WATER IS OFFERED THROUGHOUT THE DAY RECOMMENDATION(S): ADOPT Resolution No. 2020/297 authorizing the Conservation and Development Director, or designee, to apply for and execute a contract/contract amendment to accept State of California (State) Emergency Solutions Grant-Coronavirus Round 2 (ESG-CV2) funds in an amount not to exceed $5,000,000 for eligible activities to assist homeless individuals and families with services and to address impacts related to COVID-19, as approved by the State in accordance with all State ESG-CV2 Program requirements and other applicable rules and laws. FISCAL IMPACT: No General Fund impact. All funds are provided to the County on a formula basis through the State of California. The State ESG-CV2 funds are allocated to the State by the U.S. Department of Housing and Urban Development, and then distributed to eligible local Administrative Entities. Contra Costa County is an eligible Administrative Entity. The estimated State ESG-CV2 formula allocation to the County is $5 million. A portion of the funds determined by the State ($161,300) is reserved for program administration in the County's Department of Conservation and Development. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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: Gabriel Lemus, 925-674-7882 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 63 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:November 17, 2020 Contra Costa County Subject:Acceptance of $5 Million in State Emergency Solutions Grant-Coronavirus Round 2 Funds BACKGROUND: The State of California Department of Housing and Community Development (HCD) allocates State Emergency Solutions Grant (ESG) funds to Continuum of Care (CoC) geographic areas. The CoC is a program through which the U.S. Department of Housing and Urban Development strives to end homelessness. The County’s Health, Housing and Homeless Services (H3) division manages the CoC for Contra Costa. The County Department of Conservation and Development (DCD) is the approved Administrative Entity for the State ESG funds and is required to collaborate with the CoC to allocate the funding. DCD and H3 have a long history of working together to develop and implement funding recommendations that meet the ESG Program activity requirements. Key tasks performed with ESG funds are: (1) engage homeless individuals and families who are living on the street, (2) improve the number and quality of emergency shelters for homeless individuals and families, (3) help operate shelters, (4) provide essential services to shelter residents, (5) rapidly re-house homeless individuals and families, (6) prevent families/individuals from becoming homeless, and (7) reporting and management of client-level data and data on the provision of housing and services to homeless individuals and families and persons at-risk of homelessness. As part of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) that was passed by Congress and signed by the President on March 27, 2020, HCD received an additional amount of ESG-Coronavirus (ESG-CV) funds from the U.S. Department of Housing and Urban Development (HUD) to allocate to the various Administrative Entities to distribute in their respective CoC geographic areas. In addition to the range of regular ESG eligible activities, the ESG-CV funds must also prevent, prepare for, and/or respond to the coronavirus and its impacts. On June 1, 2020 HCD announced the availability of State ESG-CV Round 1 funds (ESG-CV1) to Administrative Entities and, on July 14, 2020, the County Board of Supervisors approved Resolution 2020/193 to authorize the DCD Director, or designee, to apply for and execute a contract to accept the State ESG-CV1 funds. HCD provided DCD the contract for the State ESG-CV1 funds on October 27, 2020. DCD will provide the recommended allocations for State ESG-CV1 funds for the Board's consideration at a future Board of Supervisors meeting. On October 2, 2020, HCD announced the availability of the State ESG-CV Round 2 (ESG-CV2) funds for Administrative Entities to submit formal applications to receive these funds. HCD’s deadline for Administrative Entities to submit applications was October 28, 2020 and DCD staff submitted the application by the deadline. Given the short timeframe to submit applications, the selection of service providers to carry out activities with the ESG-CV2 funds is not required at this time but Administrative Entities were required to submit the application by the October 28, 2020 deadline. The selection of and allocations to service providers will take place at a later time and the Board of Supervisors will consider approval at a future meeting. To apply for the allocation of State ESG-CV2 funds, the County Board of Supervisors must approve a resolution (attached) authorizing and affirming the following: 1) that the funds will be used in a manner consistent with all applicable laws, regulations, and contracts regarding the State ESG-CV2 Program; 2) that the County will receive State ESG-CV2 grant funds in an amount not to exceed $5,000,000; 3) that the State ESG-CV2 funds will be used for eligible activities; and 4) that the DCD Director or Assistant Deputy Director are authorized to execute a Standard Agreement or amendment for State ESG-CV2 funds and related documents. Given the short timeframe, HCD has allowed Administrative Entities to have their respective authorizing resolution approved after the submittal of the application. CONSEQUENCE OF NEGATIVE ACTION: The County will not be able to receive State ESG-CV2 funds to support CoC geographic areas. The County will not be able to receive State ESG-CV2 funds to support CoC geographic areas. CHILDREN'S IMPACT STATEMENT: Programs and activities funded with State ESG-CV2 support one or more of the following children's outcomes: (1) Children Ready for and Succeeding in School; (2) Children and Youth Healthy and Preparing for Productive Adulthood; (3) Families that are Economically Self Sufficient; (4) Families that are Safe, Stable and Nurturing; and (5) Communities that are Safe and Provide a High Quality of Life for Children and Families AGENDA ATTACHMENTS Resolution 2020/297 MINUTES ATTACHMENTS Signed Resolution No. 2020/297 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 11/17/2020 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2020/297 A necessary quorum and majority of the Board of Supervisors of the County of Contra Costa (“Applicant”) hereby consent to, adopt and ratify the following resolutions: WHEREAS the State of California (the “State”), Department of Housing and Community Development (“Department”) issued a second Notice of Funding Availability (“NOFA”) dated October 2, 2020 under the Coronavirus Aid, Relief, and Economic Stimulus (CARES) Act which allocated federal funds for the Emergency Solutions Grants Program (the “Program” or “ESG”) to the State. These funds are referred to herein as the ESG-Coronavirus (ESG-CV) funds and this October 2020 ESG-CV NOFA is distributing “Round 2” of the ESG-CV funding. WHEREAS Applicant is an approved state ESG Administrative Entity that previously received ESG-CV funding under the initial ESG-CV NOFA dated June 1, 2020 (hereinafter referred to as “ESG-CV Round 1”). WHEREAS the Department may approve funding allocations for the ESG-CV Program, subject to the terms and conditions of the NOFA, Program regulations and requirements, and the Standard Agreement and other contracts between Department and ESG-CV grant recipients; 1. All information submitted by Applicant on its ESG-CV Round 1 application remains true, correct, and accurate, or the Department approved in writing a change to Applicant’s ESG-CV Round 1 application. Applicant affirms its continued compliance to all of the terms and conditions of ESG-CV Round 1 application and related Standard Agreement. 2. Applicant is authorized to submit an application for ESG-CV Round 2 and be subject to the terms thereof. 3. If Applicant receives a grant of ESG-CV Round 2 funds from the Department pursuant to the above referenced ESG-CV (Round 2) NOFA, it represents and certifies that it will use all such funds in a manner consistent and in compliance with all applicable state and federal statutes, rules, regulations, and laws, including without limitation all rules and laws regarding the ESG-CV Program, as well as any and all contracts Applicant may have with the Department. 4. In addition to its ESG-CV Round 1 grant, Applicant is now hereby authorized and directed to receive an additional ESG-CV Round 2 grant, in an amount not to exceed $5,000,000 in accordance with all applicable rules and laws. 5. Applicant hereby agrees to use the ESG-CV funds for eligible activities as approved by the Department and in accordance with all Program requirements, and other rules and laws, as well as in a manner consistent and in compliance with the ESG-CV Standard Agreement, including any amendments incorporating new terms and conditions to such Standard Agreement, and other contracts between the Applicant and the Department. 6. John Kopchik, Director-Department of Conservation and Development, or Amalia Cunningham, Assistant Deputy Director, are authorized to execute the ESG-CV Standard Agreement Amendment and any subsequent amendments or modifications thereto, as well as any other documents which are related to the Program or the ESG-CV grant awarded to Applicant, as the Department may deem appropriate. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. Contact: Gabriel Lemus, 925-674-7882 ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: RECOMMENDATION(S): APPROVE amended list of designated positions for the Conflict of Interest Code for the Contra Costa Mosquito & Vector Control District ("District"). FISCAL IMPACT: None. BACKGROUND: The District 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 sections 87306 and 87306.5. The changes include the addition and deletion of positions designated to file conflict of interest statements. These changes will ensure that the Conflict of Interest Code accurately reflects the current positions and organizational structure in use by the District. A red-lined version of the list of designated positions is attached as Exhibit B. CONSEQUENCE OF NEGATIVE ACTION: None. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 11/17/2020 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 A. Schwerin, Deputy County Counsel, (925) 655-2200 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: November 17, 2020 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: David Twa, Clerk of the Board of Supervisors, Cynthia A. Schwerin, Deputy County Counsel, Paula Macedo, DVM, Ph.D., General Manager, CC Mosquito & Vector Control District C. 64 To:Board of Supervisors From:Sharon L. Anderson, County Counsel Date:November 17, 2020 Contra Costa County Subject:Conflict of Interest Code for the Contra Costa Mosquito & Vector Control District ATTACHMENTS Exhibit A - Conflict of Interest Code of the Contra Costa Mosquito & Vector Control District Exhibit B - Conflict of Interest Code of the Contra Costa Mosquito & Vector Control District - REDLINED