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HomeMy WebLinkAboutMINUTES - 02022021 - Board of SupervisorsCALENDAR FOR THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY AND FOR SPECIAL DISTRICTS, AGENCIES, AND AUTHORITIES GOVERNED BY THE BOARD BOARD CHAMBERS, ADMINISTRATION BUILDING, 1025 ESCOBAR STREET MARTINEZ, CALIFORNIA 94553-1229 DIANE BURGIS, CHAIR, 3RD DISTRICT FEDERAL D. GLOVER, VICE CHAIR, 5TH DISTRICT JOHN GIOIA , 1ST DISTRICT CANDACE ANDERSEN, 2ND DISTRICT KAREN MITCHOFF , 4TH DISTRICT MONICA NINO, CLERK OF THE BOARD AND COUNTY ADMINISTRATOR, (925) 655-2075 PERSONS WHO WISH TO ADDRESS THE BOARD DURING PUBLIC COMMENT OR WITH RESPECT TO AN ITEM THAT IS ON THE AGENDA, MAY BE LIMITED TO TWO (2) MINUTES. A LUNCH BREAK MAY BE CALLED AT THE DISCRETION OF THE BOARD CHAIR. 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 February 2, 2021            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) Agency Negotiators: Monica Nino. Employee Organizations and Unrepresented Employees: 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; Teamsters Local 856; and all unrepresented employees. B. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Gov. Code § 54956.9(d)(1)) Gabriel Young, et al. v. County of Contra Costa, United States District Court, Northern District of California Case No. 5:20-cv-06848 NC 1. C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 650 Pine Street, Martinez Agency Negotiators: Eric Angstadt, Chief Assistant County Administrator Agency Negotiators: Eric Angstadt, Chief Assistant County Administrator Negotiating Parties: County of Contra Costa and City of Martinez Under Negotiation: Price and terms 9:30 A.M. Call to order and opening ceremonies. Inspirational Thought- "Turn your face to the sun and the shadows fall behind you." ~Maori Proverb 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:Monica Nino, County Administrator  There were no closed session announcements.   CONSIDER CONSENT ITEMS (Items listed as C.1 through C.87 on the following agenda) – Items are subject to removal from Consent Calendar by request of any Supervisor or on request for discussion by a member of the public. Items removed from the Consent Calendar will be considered with the Discussion Items.   PRESENTATIONS (5 Minutes Each)   PR.1 RECEIVE presentation recognizing the Contra Costa County Library as a 2020 Urban Libraries Council Innovations Honorable Mention for its 3-D PPE (Personal Protective Equipment) Printing Program. (Alison McKee, Interim County Librarian)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover DISCUSSION ITEMS   D.1 APPOINT Alison P. McKee to the position of County Librarian at Step 5 of the salary range, effective February 1, 2021. (Monica Nino, 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 D.2 ACCEPT 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.3 HEARING to consider adoption of Ordinance No. 2021-01, authorizing the levy of an increased special tax for police protection services in County Service Area P-2 Zone B (Alamo area), fixing of election and taking related actions. (Supervisor Andersen, District 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 D.4 CONSIDER approving the creation of a 17-member Community Advisory Committee to recommend the budget allocation for 50% of the annual revenue received under Measure X funds. (Supervisor Mitchoff)       Speakers: Daniel Espinoza; Allie, Healthy and Active Before 5; Roxanna Criogarza; Melivin Willis, City of Richmond; Yehido Lieberman, Pleasant Hill; Ruth Hernandez, Executitve Director First 5 Contra Costa; Catherine Wally; Marianna Moore, Budget Justice Coalition; Joe, SEIU 2015; Hector, Ensuring Opportunity Campaign; Dan Geiger, Human Services Alliance, Budget Justice Coalition; Wendy, Leadership Council; Francisco Torres, ACCE; Josh Anijar, Executive Director Contra Costa Labor Council; Laura Scheckler, Community Clinic Consortium; Yen Do, SEIU 1021; GIgi Crowder, Black Lives Matter Too; Written commentary received from Gretchen Tofflemire; Jan Warren (attached). ADOPTED the recommendations with the following amendments: Under Amount of Revenue to be Allocated it would read: 1) The Community Advisory Committee shall make general priorities recommendations to the Board of Supervisors for 95% of the annual revenue received under Measure X. These recommendations would include the highest priorities and needs for expenditure from Measure X revenue based on the most recent or updated Needs Assessment, and shall not be specific budget allocations. 2) 5% of the annual revenue be set aside in a special interest-bearing reserve account for unanticipated needs that arise during a given fiscal year. These funds could only be expended by a four-fifith’s (4/5th’s)`vote of the Board of Supervisors; Under Responsibilities bullet number three shall now read: Using the assessment to make general funding priority recommendations to the Board of Supervisors on 95% of the revenue generated by Measure X; Under Membership bullet 2 would now read: Representation on the committee shall be from community-based and labor organizations, and residents from across the county who have knowledge and understanding of county services; and FURTHER DIRECTED that his Advisory Committee be a Brown Act committee that is staffed by the County Administrators Office.   D.5 CONSIDER adopting Ordinance No. 2021-05, an urgency ordinance establishing a temporary cap on fees charged by third-party delivery services for food orders and deliveries from restaurants in Contra Costa County. (Supervisors Burgis and Mitchoff)       Speakers: Writtten commentary received from Al Miller and Paul Fadelli, Mayor of El Cerrito.   D.6 CONSIDER whether to adopt Ordinance No. 2021-04, an urgency ordinance continuing a temporary prohibition on certain evictions of residential tenants and of small-business commercial tenants impacted by COVID-19 pandemic, and related matters. (Mary Ann Mason, Chief Assistant County Counsel)       Speakers:Melvin Willis; Marianna Moore; Mayor Kevin Wilkes; Katherine Wally, Walnut Creek, No Name Given; Christine Laughlin; Hector, ACCE; Writen commentary received from Jonathan Hawes (attached).    AYE: District I 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.    There were no items removed from consent for discussion.   D. 8 PUBLIC COMMENT (2 Minutes/Speaker)    There were no requests to speak at public comment.   D. 9 CONSIDER reports of Board members.    Supervisor Burgis related the story of a small child recognizing a delivery person as a hero of the pandemic.   Closed Session   ADJOURN    Adjourned today's meeting at 3:17 p.m.   CONSENT ITEMS   Road and Transportation   C. 1    C. 1 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a Memorandum of Understanding with the City of San Ramon to pay the City $10,000 to participate in the San Ramon Valley Street Smarts Program, for the period July 1, 2020 to June 30, 2021, San Ramon area. (90% Livable Communities Trust Funds, 10% Local Road Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 2 APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute on behalf of the County an Assignment of Utility Easements to the Bay Area Infrastructure Financing Authority in connection with the I-680 North Express Lanes Project, as recommended by the Public Works Director, Martinez area. (100% Contra Costa Transportation Authority Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 3 ADOPT Traffic Resolution No. 2021/5001 to prohibit stopping, standing, or parking on a portion of Boulevard Way (Road No. 3851D), as recommended by the Public Works Director, Walnut Creek area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 4 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with MNS Engineers, Inc., in an amount not to exceed $590,000 for construction management services for the Bailey Road/SR4 Interchange Pedestrian & Bicycle Improvement Project, for the period February 2, 2021 to June 30, 2022, Bay Point area. (79% Active Transportation Program Funds, 21% Local Road Funds)       RELISTED to a future date uncertain.   C. 5 ADOPT Resolution No. 2021/42 accepting as complete the contracted work performed by FBD Vanguard Construction, Inc., for the San Pablo Dam Road Traffic Safety Improvements Project, as recommended by the Public Works Director, Orinda and Richmond areas. (65% Highway Safety Improvement Program Grant Funds, 35% 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. 6 APPROVE the 2021 Countywide Surface Treatment Project and take related actions under the California Environmental Quality Act, and AUTHORIZE the Public Works Director, or designee, to advertise the Project, 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. 7 APPROVE the 2021 Countywide Curb Ramp Project and take related actions under the California Environmental Quality Act, and AUTHORIZE the Public Works Director, or designee, to advertise the Project, 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. 8 ADOPT Resolution No. 2021/43 to approve the Bixler Road and Regatta Drive Intersection Improvements Project and take related actions under the California Environmental Quality Act, and AUTHORIZE the Public Works Director, or designee, to advertise the Project and submit a grant application to the Metropolitan Transportation Commission in the amount of $100,000 for fiscal year 2021/2022, Discovery Bay area. (57% Local Road Funds, 43% Transportation Development Act Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 9 ADOPT Resolution No. 2021/44 to approve the 2022 Tara Hills Curb Ramp Project and take related actions under the California Environmental Quality Act, and AUTHORIZE the Public Works Director, or designee, to advertise the Project and submit a grant application to the Metropolitan Transportation Commission in the amount of $100,000 for fiscal year 2021/2022, San Pablo area. (75% Local Road Funds, 25% Transportation Development Act Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 10 ADOPT Resolution No. 2021/45 to approve the Iron Horse Trail Crossing Enhancements-Alamo Project and take related actions under the California Environmental Quality Act, and AUTHORIZE the Public Works Director, or designee, to advertise the Project and submit a grant application to the Metropolitan Transportation Commission in the amount of $100,000 for fiscal year 2021/2022, Alamo area. (64% Local Road Funds, 36% Transportation Development Act 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. 11 Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District, ADOPT Resolution No. 2021/33 accepting an offer of dedication for drainage purposes from Gonsalves & Santucci, Inc., in Assessor's Parcel No. 150-250-019 in connection with subdivision SD17-09459 conditions of approval, as recommended by the Chief Engineer, Martinez 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. 12 Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District, ADOPT Resolution No. 2021/34 accepting an offer of dedication of an easement for access purposes from Gonsalves & Santucci, Inc., in Assessor's Parcel Nos. 159-250-019, -021, and -022, connection with subdivision SD17-09459 conditions of approval, as recommended by the Chief Engineer, Martinez 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. 13 ADOPT Resolution No. 2021/41 approving the Parcel Map and Subdivision Agreement for minor subdivision MS18-00010, for a project being developed by Del Hombre Walnut Creek Holdings LLC, as recommended by the Public Works Director, Walnut Creek area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Special Districts & County Airports   C. 14 APPROVE a revision to the Bylaws for the Iron Horse Corridor Management Program Advisory Committee to add a seat for the Contra Costa Transportation Authority, as recommended by Supervisors Anderson and 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. 15 APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with Fionn O’Neill for a T-hangar at Buchanan Field Airport effective January 7, 2021 in the monthly amount of $350, Pacheco area. (100% Airport Enterprise Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 16 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a license agreement with the Town of Danville for use of a portion of County-owned property for purposes of construction, maintenance and public use of Town of Danville sidewalk improvements, along, on and across a portion of the Iron Horse Corridor between Sycamore Valley Road and Laurel Drive, for the period November 1, 2020 through October 31, 2045, Danville area. (100% Iron Horse Corridor Trust 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. 17 As the governing body of the Contra Costa County Flood Control and Water Conservation District (District), APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute a right of entry agreement with Gonsalves & Santucci, Inc. (dba Conco), authorizing the District’s use of Conco-owned property located between Pacheco and Walnut Creeks, in connection with construction and maintenance of the Lower Walnut Creek Restoration Project, Martinez 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. 18 APPROVE the design plans and bid documents for a new 18,657 square foot terminal at Buchanan Field Airport in Concord, AUTHORIZE the Public Works Director, or designee, to solicit bids and issue bid addenda, and take related actions. (52% Federal Aviation Administration; 1% Caltrans; 47% Airport Enterprise Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Claims, Collections & Litigation   C. 19 RECEIVE public report of litigation settlement agreements that became final during the period of October 1 through December 31, 2020, as recommended by the 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. 20 DENY claims filed by James Dawson, Isaiah Glaze, and Leon Keys. DENY amended claim filed by Keong Seol Lee.       AYE: District I Supervisor 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 RECEIVE report concerning personal property loss of County employee Sydney Kemp and AUTHORIZE payment from the Liability Internal Service Fund in the amount of $1,730, as recommended by the Risk Management Director. (100% General Liability 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 Honors & Proclamations   C. 22 ADOPT Resolution No. 2021/18 recognizing Douglas R DeVries, Animal Services Lieutenant, on the occasion of his 20 years of service and retirement with Contra Costa County Animal Services, as recommended by the Animal 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. 23 ADOPT Resolution No. 2021/40 honoring the Pleasant Hill Recreation & Park District on the occasion of its 70th Anniversary, 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. 24 ADOPT Resolution No. 2021/35 recognizing John Landry for his 40 years of service to Contra Costa County, as recommended by the Public Works Director.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Ordinances   C. 25 INTRODUCE Ordinance No. 2021-02 amending the County Ordinance Code to exclude from the merit system the classification of Senior Financial Counsel-Exempt, WAIVE READING and FIX February 9, 2021 for adoption.       AYE: District I 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. 26 REAPPOINT Lesley Hunt, Sabina Zafar, Dan MacKay, Anne Struthers, Shanna Holden, and Nazanin Shakerin to the Iron Horse Corridor Management Program Advisory Committee, as recommended by Supervisors Andersen and Mitchoff. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 27 APPOINT Brittany Beech and Alec Tappin (alternate) to the Danville Area seat on the Iron Horse Corridor Management Program Advisory Committee, as recommended by Town Council of Danville. (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. 28 APPOINT David Hudson to the Contra Costa Transportation Authority seat on the Iron Horse Corridor Management Program Advisory Committee, as recommended by Supervisors Andersen and Mitchoff. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 29 REAPPOINT Joseph Rubay, Dr. Alden Harken, William Nelson, Ross Hillesheim, and Karen McPherson to the Alamo Police Services Advisory Committee, as recommended by Supervisor Andersen.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 30 APPOINT Susan Rock to the Alternate Seat of the Alamo Municipal Advisory Council, as recommended by Supervisor Andersen.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 31 REAPPOINT Nancy Leasure to At-Large #8 seat, and APPOINT Dr. Michelle Hernandez to Member    C. 31 REAPPOINT Nancy Leasure to At-Large #8 seat, and APPOINT Dr. Michelle Hernandez to Member At-Large #13 seat of the Contra Costa Advisory Council on Aging, as recommended by the Family and Human Services Committee.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 32 APPOINT Rhiannon Shires to the Member-at-Large IV seat, Dylan Johnston to the Member-at-Large VI seat and Ashley Ganem to the Member-at-Large Alternate I seat of the Alcohol and Other Drugs Advisory Board, as recommended by the Family and Human Services Committee.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 33 APPOINT Catherine Jones to the At Large 5 Commissioner seat on the Contra Costa Commission on Women and Girls, as recommended by the Family and Human Services Committee.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 34 APPOINT Pa'tanisha Davis to At-Large 1 seat on the Family and Children's Trust Committee, as recommended by the Family and Human Services Committee.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 35 APPOINT Carolyn Considine as a non-voting Youth Advisor on the Arts and Culture Commission, as recommended by the Family and Human Services Committee. (Consider with C.87)       AYE: District I Supervisor 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 APPOINT, in lieu of election, Reginald Powell to the Alternate Safety Member #7 seat on the Contra Costa County Employees' Retirement Association Board of Trustees, as recommended by the Clerk-Recorder.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Appropriation Adjustments   C. 37 Fleet Services (0064): APPROVE Appropriation and Revenue Adjustment No. 005021 and AUTHORIZE the transfer of appropriations in the amount of $75,000 from Road Maintenance to ISF Fleet Services for the purchase of two trucks, as recommended by the Public Works Director, Countywide. (100% 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 Airport Enterprise Fund (0841): APPROVE Fiscal Year 2020/21 Appropriation and Revenue Adjustment No. 005023 in the amount of $4,910,670 to add the cost and revenue for the completion of the Buchanan Field runway 14L/32R reconstruction project. (91% Federal Aviation Administration; 3% State; 6% Airport Enterprise)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Intergovernmental Relations   C. 39 ADOPT Resolution No. 2021/39 transitioning the Contra Costa County Civil Grand Jury from a fiscal year to    C. 39 ADOPT Resolution No. 2021/39 transitioning the Contra Costa County Civil Grand Jury from a fiscal year to calendar year term in 2021 and back to a fiscal year term beginning July 2022, pursuant to California Penal Code section 905.5(b), as requested by the Superior Court and recommended by the County Administrator. (Cost savings)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 40 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute the Unpaid Student Training Agreement with UC Berkeley Goldman School of Public Policy to provide field experience to a public policy student in the areas of clean energy and environmental sustainability. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Personnel Actions   C. 41 ADOPT Position Adjustment Resolution No. 25651 to reallocate the salary of Sheriff's Crime Analyst (represented) and its represented incumbents on the salary schedule. (100% Funded P-6 CAB Revenue)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 42 ADOPT Position Adjustment Resolution No. 25686 to add one Contract and Grants Specialist I (represented) position in the Health Services Department. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 43 ADOPT Position Adjustment Resolution No. 25682 to add one Account Clerk Advanced Level (represented) position in the Office of the Auditor-Controller. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 44 ADOPT Position Adjustment Resolution No. 25685 to reassign one Assistant Director of Health Services-Exempt position from the Public Health budget unit to the Hospital Enterprise Fund I budget unit in the Health Services Department. (100% Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 45 ADOPT Position Adjustment Resolution No. 25683 to retitle the Human Resources Department class of ADA Manager (unrepresented) to ADA Program Manager (unrepresented) and reallocate it on the Salary Schedule. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 46 ADOPT Position Adjustment Resolution No. 25678 to add one Buyer II (represented) position and cancel one vacant Administrative Services Assistant III (represented) position in the Health Services Department. (Cost savings)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Leases   C. 47 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a revenue lease amendment    C. 47 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a revenue lease amendment with First Baptist Church Head Start on behalf of the Community Services Bureau to extend the term of the lease to June 30, 2021, for continued use of County-owned property located at 55 Castlewood Drive, Pittsburg, as a Head Start facility at an annual rate of $9,000 with nine one-year renewal terms. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 48 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a ground lease with the State of California under which the County will lease the real property located at 1203 W. 10th Street in Antioch from the State through September 30, 2030, and sublease it to First Baptist Church for one year, with nine one-year renewal options, for the operation of a Head Start program at the Site, at an initial annual rate of $45,204 with annual increases thereafter. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Grants & Contracts   APPROVE and AUTHORIZE execution of agreements between the County and the following agencies for receipt of fund and/or services:   C. 49 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with East Bay Newborn Specialists, Inc., in an amount not to exceed $554,000 to provide neonatology services at Contra Costa Regional Medical Center and Health Centers for the period January 1, 2021 through December 31, 2023. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 50 APPROVE and AUTHORIZE the Employment and Human Services Director or designee to accept, on behalf of the Children and Family Services Bureau, a grant award in the amount of $113,600 from the California Department of Housing & Community Development for the Transitional Housing Program Round 2 over two years from the period of grant award through June 30, 2023. (No County match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover APPROVE and AUTHORIZE execution of agreement between the County and the following parties as noted for the purchase of equipment and/or services:   C. 51 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Telecare Corporation, to increase the payment limit by $93,247 to a new payment limit of $1,909,065 to provide additional gero-psychiatric services, with no change in the term July 1, 2020 through June 30, 2021. (71% Mental Health Realignment; 19% Hospital Enterprise Fund I; 10% County General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 52 APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute a contract with the California Department of Food and Agriculture to receive reimbursement in an amount not to exceed $1,680,956 to provide pest detection and trapping services for the period July 1, 2020 through June 30, 2022. (100% State)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 53 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment    C. 53 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment effective December 1, 2020 with Sodexo America, LLC, to increase the payment limit by $200,000 to a new payment limit of $1,099,000 for additional cleaning and sanitizing services at Contra Costa Regional Medical Center and Health Centers due to COVID-19, with no change in the term of January 1, 2020 through December 31, 2021. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 54 APPROVE and AUTHORIZE the Chief Information Officer, or designee, to execute a software agreement with General Datatech in an amount not to exceed $705,897 for purchase of CrowdStrike Falcon Complete, a managed endpoint protection service, for the period January 30, 2021 through January 29, 2022. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 55 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Health Management Systems, Inc., in an amount not to exceed $3,000,000 to provide auditing services for the Contra Costa Health Plan for the period January 1, 2021 through December 31, 2023. (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. 56 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Noel T.D. Chiu, M.D., A Medical Corporation (dba Diablo Dermatology), in an amount not to exceed $1,050,000 to provide dermatology services for Contra Costa Health Plan members for the period February 1, 2021 through January 31, 2024. (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. 57 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Jaison James, M.D, in an amount not to exceed $880,000 to provide orthopedic services at Contra Costa Regional Medical Center and Health Centers for the period February 1, 2021 through January 31, 2022. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 58 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Vibra Hospital of Sacramento, LLC, in an amount not to exceed $600,000 to provide long term acute care hospital services for Contra Costa Health Plan members for the period February 1, 2021 through January 31, 2024. (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. 59 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a contract with TRC Solutions, Inc., in an amount not to exceed $297,210 for the preparation of an Environmental Impact Report for the Martinez Refinery Renewable Fuels Project located in the Marathon Martinez Refinery in the Martinez area, for the period February 2, 2021 through August 2, 2022. (100% applicant fees)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 60 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Employment and Human    C. 60 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Employment and Human Services Director, the renewal of a blanket purchase order with Spike's Produce in an amount not to exceed $450,000 to procure fresh produce for the Department's children's food program, for the period January 1, 2021 through December 31, 2023. (50% State Funds; 50% 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. 61 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Direct Dermatology Professionals, P.C., in an amount not to exceed $900,000 to provide telehealth dermatology services to Contra Costa Health Plan members for the period January 1, 2021 through December 31, 2023. (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. 62 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Jamal J. Zaka, M.D., in an amount not to exceed $900,000 to provide pulmonology services at Contra Costa Regional Medical Center and Health Centers for the period April 1, 2021 through March 31, 2024. (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. 63 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with Atco Tow, Inc., effective February 2, 2021, to increase the payment limit by $200,000 to a new payment limit of $450,000 with no change to the term of February 1, 2019 through January 31, 2022, to provide on-call vehicle towing services, Countywide. (100% Fleet Internal Services Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 64 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Choice In Aging in an amount not to exceed $6,000,000 to provide community-based adult services to Contra Costa Health Plan Medi-Cal members for the period February 1, 2021 through January 31, 2024. (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. 65 APPROVE and AUTHORIZE the Purchasing Agent or designee to execute, on behalf of the Sheriff-Coroner, a blanket purchase order with National Food Group, Inc., in an amount to not exceed $450,000 to provide frozen/dry food and related items, as needed, for the West County, Martinez and Marsh Creek detention facilities for the period January 1 through December 31, 2021. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 66 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Tranquility, Incorporated, in an amount not to exceed $750,000 to provide skilled nursing facility services to Contra Costa Health Plan members for the period February 1, 2021 through January 31, 2024. (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. 67 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with East Bay Cardiovascular & Thoracic Associates, Inc., in an amount not to exceed $1,600,000 to provide cardiothoracic and vascular surgery services to Contra Costa Health Plan members for the period April 1, 2021 through March 31, 2023. (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. 68 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Jennifer Lee Miles, M.D., effective September 1, 2020, to increase the payment limit by $54,104 to a new payment limit of $253,784, to provide additional outpatient psychiatric care to children and adolescents with no change in the term April 1, 2020 through March 31, 2021. (50% Mental Health Realignment; 50% Federal Medi-Cal)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 69 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Bay Area Retina Associates in an amount not to exceed $7,500,000 to provide ophthalmology services for Contra Costa Health Plan members for the period February 1, 2021 through January 31, 2024. (100% Contra Costa Health Plan Enterprise Fund II)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 70 APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay the San Ramon Valley Fire Protection District $33,000 for EMS (Emergency Medical Services) Fire First Responder medical equipment, medical supplies and EMS training to the San Ramon Valley Fire Protection District for Fiscal Year 2020-21, as recommended by the EMS Director. (100% Measure H Fund, CSA EM-1, Zone A)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 71 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Pleasanton Physical Therapy Services, Inc. (dba Back on Track Physical Therapy), in an amount not to exceed $1,500,000 to provide physical therapy services for Contra Costa Health Plan members for the period February 1, 2021 through January 31, 2023. (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. 72 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Michael P. Sherman, M.D., Ph.D., A Medical Corporation (dba Contra Costa Oncology), in an amount not to exceed $2,100,000 to provide oncology and hematology services to Contra Costa Health Plan members for the period February 1, 2021 through January 31, 2024. (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. 73 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a purchase order with Sam Clar Office Furniture, Inc., in the amount not to exceed $256,256 to procure furniture for the Behavioral Health Administration office located at 1340 Arnold Drive, Suite 200, Martinez. (100% cost settlement funding)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 74 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with David Gilbert, M.D., in an amount not to exceed $300,000 to provide ophthalmology services for Contra Costa Health Plan members for the period February 1, 2021 through January 31, 2024. (100% Contra Costa Health Plan Enterprise Fund II)       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. 75 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a purchase order with Software One, Inc., in an amount not to exceed $6,700,000, and Agreements with Microsoft, Inc. to renew licenses for the period January 1, 2021 through December 31, 2023. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 76 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a purchase order with Microsoft Corporation in an amount not to exceed $245,624 and a Microsoft Enterprise Services Work Order for Microsoft’s Unified Support for licensed products for the period January 20, 2021 through January 19, 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. 77 RATIFY the execution of a Memorandum of Agreement with the City of Walnut Creek for use of the Tice Valley Gymnasium as a COVID-19 vaccination site operated by the State of California, as recommended by the County Administrator. (100% FEMA)       AYE: District I 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. 78 AUTHORIZE a General Plan Amendment feasibility study to consider changing the General Plan land use designation from "Public and Semi-Public" to "Multiple-Family Residential-High Density" for a 5,750 square-foot (0.13-acre) vacant parcel located at 343 Rodeo Avenue in Rodeo, Assessor's Parcel No. 357-081-015. (File #GP20-0003), as recommended by the Conservation and Development Director. (100% Applicant fees)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 79 APPROVE the Contra Costa Regional Medical Center New CT (Computed Tomography) Unit Project and take related actions under the California Environmental Quality Act, and AUTHORIZE the Public Works Director/Chief Engineer, or designee, to advertise the Project, Martinez area. (100% Hospital Enterprise 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. 80 ADOPT Resolution No. 2021/30 to approve a request to designate one Valley Oak tree located at 2031 Doris Avenue in the unincorporated Walnut Creek area and measuring approximately 175 inches in circumference, as a Heritage Tree pursuant to the Heritage Tree Preservation Ordinance (Chapter 816-4), as recommended by the Conservation and Development Director.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 81 ACCEPT the 2020 Annual Report for the Iron Horse Corridor Management Program Advisory Committee, as recommended by the Public Works Director, Alamo, Concord, Danville, Pleasant Hill, San Ramon and Walnut Creek areas. (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. 82 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with John Muir    C. 82 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with John Muir Health, Walnut Creek Campus, for the designation as a Base Hospital for the County's Emergency Medical Services for the period January 1, 2021 through December 31, 2023. (Nonfinancial agreement)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 83 ACCEPT the report prepared by the Office of the Sheriff in accordance with Penal Code Section 4025(e) representing an accounting of all Inmate Welfare Fund receipts and disbursements for Fiscal Year 2019/2020, as recommended by the Sheriff-Coroner. (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. 84 ACCEPT the November 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. 85 ACCEPT the canvass of votes for the January 5, 2021 Special Election showing that the special tax measure for Police Services for County Service Area P-6, Zone 1204, unincorporated area of Concord passed, as recommended by the Clerk-Recorder. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 86 APPROVE and AUTHORIZE the Sheriff-Coroner or designee, to accept an annual donation from the Blackhawk Homeowners Association in an initial amount of $100,000, to be used for supplementing the costs associated with adding an additional Deputy Sheriff - 40 hour position for County Service Area P-2A (Blackhawk area), as recommended by the Sheriff-Coroner. (100% Donation revenue)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 87 APPROVE the attached changes to the Arts and Culture Commission Bylaws, as recommended by the Family and Human Services Committee. (Consider with C.35)       AYE: District I 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. 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 March 10, 2021 11:00 a.m.See above Family & Human Services Committee February 22, 2021 9:00 a.m.See above Finance Committee March 1, 2021 9:00 a.m.See above Hiring Outreach Oversight Committee March 1, 2021 10:00 a.m.See above Internal Operations Committee February 8, 2021 10:30 a.m.See above Legislation Committee February 8, 2021 1:00 p.m.See above Public Protection Committee February 22, 2021 10:30 a.m.See above Sustainability Committee February 22, 2021 1:00 p.m.See above Transportation, Water & Infrastructure Committee February 8, 2021 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 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): RECEIVE PRESENTATION recognizing the Contra Costa County Library as a 2020 Urban Libraries Council (ULC) Innovations Honorable Mention for its 3-D PPE (Personal Protective Equipment) Printing Program. FISCAL IMPACT: None BACKGROUND: The Urban Libraries Council (ULC) is an innovation and action tank of North America’s leading public library systems. It drives cutting-edge research and strategic partnerships to elevate the power of libraries as essential, transformative institutions for the 21st century. ULC identifies significant challenges facing today’s communities and develops new tools and techniques to help libraries achieve stronger outcomes in education, workforce and economic development, digital equity and race and social equity. The Urban Library Council's Innovations Initiative showcases out-of-the-box thinking and the new alignment of resources to further education for people of all ages, address race and social equity in our communities, build digital inclusion and digital literacy and enhance civic engagement for a strong democracy. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 510-332-7386 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: PR.1 To:Board of Supervisors From:Alison McKee, Interim County Librarian Date:February 2, 2021 Contra Costa County Subject:RECEIVE PRESENTATION recognizing the Contra Costa County Library as a 2020 ULC Innovations Honorable Mention for its 3-D PPE Printing Program BACKGROUND: (CONT'D) Contra Costa County Library staff partnered with Contra Costa Health Services staff to produce more than 3,000 sets of clips that were used on more than 200,000 previously defective masks. They also produced 150 “Montana masks,” which are full masks printed on a 3-D printer with a slot for inserting a cloth filter to extend the life of the mask. This initiative launched at the beginning of the pandemic when there was a global shortage of personal protective equipment. It directly benefited the community by providing much-needed PPE for essential workers on the front lines. Contra Costa County Library submitted the 3-D PPE Printing Program for consideration in the "Wellness, Safety and Sustainability" category, for which there were 260 entries from 93 major urban library systems across North America. In December 2020, Contra Costa County Library was notified that it was one of only two entries to be recognized in this category, receiving the honorable mention for the 3-D PPE Printing Program. RECOMMENDATION(S): APPOINT Alison P. McKee to the position of County Librarian at Step 5 of the salary range, effective February 1, 2021 with the following additional term of employment: modification to Section 16.11.b, of the Management Resolution (Resolution No. 2019/507) to eliminate the classification of County Librarian (3AAA) from ineligible classifications, which will allow Ms. McKee to continue to participate in the Vacation Buy Back benefit. All other benefits are as provided in the current Management Resolution applicable to the position of County Librarian. FISCAL IMPACT: The estimated annual cost for the County Librarian position is $281,442, of which $51,568 is pension cost. The estimated cost of filling the position for the five months remaining of fiscal year 2020/21 is $117,268, of which $21,487 is pension. The County Librarian is a budgeted position within the Library Fund. BACKGROUND: In mid-2020, County Librarian Melinda Cervantes informed the County Administrator that she would be retiring effective October 31, 2020. The County contracted with Teri Black & Company (TBC), LLC to conduct the recruitment to fill the vacancy. On November 9, 2020, the recruitment for a new County Librarian commenced. TBC advertised the position nationwide. Ads were placed with appropriate industry publications and websites. Invitations and recruitment brochures were sent via traditional and electronic mail to 300-400 potential candidates targeted by the executive search firm. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lisa Driscoll, County Finance Director (925) 335-1023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Ann Elliott, Acting Director of Human Resources D.1 To:Board of Supervisors From:Monica Nino, County Administrator Date:February 2, 2021 Contra Costa County Subject:APPOINTMENT OF COUNTY LIBRARIAN - ALISON P. MCKEE BACKGROUND: (CONT'D) The four week recruitment garnered 29 applications. With the assistance of TBC, the applications were screened and four (4) semi-finalists were forwarded to the County Selection Committee on January 20, 2021. The County Selection Committee was composed of Cindy Chadwick, County Librarian, Alameda County; Lisa Driscoll, County Finance Director, Contra Costa County; Don McCormick, Library Commissioner, Contra Costa County; and Matt Rodriguez, City Manager, City of San Pablo. Following a series of interviews, Alison McKee was selected for the position. Ms. McKee holds a Master of Library and Information Science degree from San Jose University and a Bachelor of Music Performance from the San Francisco Conservatory of Music. She has served as interim County Librarian since October, 2020, and Deputy County Librarian since August 2015. Ms. McKee has worked for the Contra Costa County Library since 2002 and has a reputation of strong leadership, collaboration, administrative expertise and a commitment to racial equity and diversity. As Interim County Librarian, she has overseen the budget for the entire department and is currently coordinating several large projects, such as a complete overhaul and upgrade of the Library's IT security system as well as a transition to a state sponsored broadband network that will increase Internet speed ten-fold and reduce the Library's cost to a fraction of what it is paying now. Throughout her career, she has demonstrated her ability to work collaboratively. Ms. McKee believes Contra Costa County's most important partners are the 18 cities we work with to provide library services. She has developed close working relationships and has initiated partnerships with several other county departments as well. The modification to the Vacation Buy Back section of the Management Resolution will allow Ms. McKee to continue to participate in the benefit, which is consistent with similarly situated employees hired prior to April 1, 2011. CONSEQUENCE OF NEGATIVE ACTION: The County Librarian position will remain vacant leaving the County Library in a vulnerable management position. 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: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Monica Nino I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.2 To:Board of Supervisors From:Monica Nino, County Administrator Date:February 2, 2021 Contra Costa County Subject:Update on COVID -19 AGENDA ATTACHMENTS MINUTES ATTACHMENTS Covid Update Report D.2 Covid 19 Update February 2, 2021 Anna Roth, Health Services Director I am joined today by our Deputy Health Officer, Dr. Tzvieli, our chief executive officer as well as our County Health Officer, Dr. Chris Farnitano. At this time more than 25 million people have tested positive for COVID-19 in the United States, and tthe virus has killed more than 440,000 people. The daily case rate is starting to fall, across the nation and in Contra Costa County. We are on the backside of the winter wave. The number of cases per day, per 100,000 residents in mid-January was about 62. It is now around 30. Hospitalizations are following the same trend. At the high point there were 296 people in the hospital in Contra Costa. Today the number is approximately 172 people. Sadly, Contra Costa has also lost more than 529 to this virus, which has taken a very heavy toll on our community and our thoughts remain with those who we have lost and those who love them. Contra Costa continues to have scarce amount of vaccine moving into our community as well as into the state of California. It is not a Contra Costa specific issue. We know that the federal production targets were not keeping up early on. We also know there's demand across the world for the vaccine. We are working hard. This our top priority in Contra Costa to get the vaccine out. We have made a commitment to deliver 1 million doses by July 4th and we are well on our way. We have now delivered 127,576 doses here in our county. Those were mostly to healthcare workers as well as seniors, specifically 75 and older. That has required a coalition of county employees, community members, and a variety of ambassadors working seven days a week. I am truly humbled by the dedication of our team as well as the members of our community. And they're doing all of this while maintaining their personal protection with safety, masking, staying home when they are sick. There's a lot our team members and community is juggling and I want to personally thank everyone for working so hard to keep our community safe and supporting the work to get the vaccine to those who need it, which is all of us in our county who are eligible. As of this past weekend, we actually issued appointments to everyone who was currently in our data base who is 75 and older. We think that is about half of the people who are 75 and older were in our database. That means if you are 75 and older and you registered on our website for an appointment, you could have gotten invited for an appointment. Now is the time to check. Check your email. Check your spam or junk folders or call us if you didn't. We want to hear from you. Everyone who is 75 and older who has registered, you should have gotten an email. If you haven't registered yet, please register with us. We want to hear from you. We have appointments available for you. It is a priority to us to get to that group. There's two ways to get an appointment. One is to go to CCHealth.org and register on the website. If you aren't able to do that or you are not comfortable doing that, you could call our vaccination help center. That is 833-829-2626. You can leave a number and someone will call you back or you can wait to talk to one of the call center staff at that time. All seniors over 75 years of age are highly encouraged to contact Health Services to schedule a vaccine. . The County is now scheduling appointments for 65-74 years old. That group had that been opened for a while, was paused and is now reopened. So, if you were on that list already, you should have been getting emails that say we didn't forget about you. And if you are not on that list, you can go ahead and now go on to CChealth.org or our call center and register for an appointment. Health Services launched a vaccine dashboard in the last two weeks and is using the trends indicated by that dashboard to help with planning. Particularly with our mobile outreach and our mobile clinics. CCHS remains the only Bay Area county that is providing the equity measures and the HPI on our vaccine dashboard. later this afternoon another view will be available, that of race and ethnicity vaccine data. That will be limited to the data we have on race and ethnicity information. As with all data, there's some limitations but the department feel it is important to provide this information and continue to be as transparent as possible about how we are really supporting vaccination distribution as well as vaccination equity. Note on our dashboard on the maps, the top parts of the county that are yellow. Those are what is called the healthy place index high risk communities or communities that have been identified as high risk. One other to note is in Contra Costa Health Services most of our clinics are located already in those communities. Some of the clinics, West County Center, the Pittsburg Health Center and the Martinez Health Center are already delivering vaccines. More will come on board in the coming weeks. . All of the clinics that you are familiar with, that have been operating in your neighborhoods for a long time. But we also know that the clinics that are already located there as well as those high volume fixed sites at the community colleges and the Richmond auditorium and the Rodriguez Center in far East County are not enough. We are tracking this and we are making investments to make sure we have that precision outreach that is really targeting the regions where we see high need and lower access. In terms of access, we continue to try to simplify the access points on our website. But we also, again, have the call center. The call center is taking thousands of calls daily. The wait is longer on the calls than is desired and efforts continue to bring in more staff to reduce the wait time. Deputy Health Officer, Dr. Tzvieli As can be seen on the County’s Coronavirus dashboard, we have given almost 130,000 doses of vaccine. It takes about a day to record on the dashboard. The website also will list over 45 fixed sites where people can get the vaccine, including many of the Rite Aid pharmacies and John Muir Hospital. The sites will open to capacity as the vaccine arrives from the State. We are still limited by how much vaccine we are getting from the state. We do anticipate that clinics in Bay Point and Concord will begin offering vaccines early next week. In addition, we have done over 110 temporary clinics at 17 different locations to offer vaccine. These include residential care facilities, dialysis centers, schools, churches. Health Services continues to plan more of these temporary clinics as our capacity grows and as we get more vaccine. At this time residents of Richmond, Oakley, Bay Point, Pittsburg are more likely to receive an appointment than say residents of Walnut Creek, Danville or Orinda. So, we are increasing our outreach to those hard hit communities. Outreach to the patients who are over 65 to schedule appointments continues. The state has a partnership with an organization called OptumServe that has a great deal of experience in Covid 19 testing to begin administering vaccine. They opened up a site in Walnut Creek that experienced some difficulty as they opened up with their website and call center. They do have a call center that is now live. They shut down their website for a couple of days while they made some fixes and a lot of people that had confirmed appointments logged in and it looked like their appointments were canceled. They were not actually canceled. That website is back up and people should be able to see their appointments again. Anyone who had a confirmed appointment is encouraged to show up at their appointment time. Health Services will continue to work closely with them to upgrade their website and appointment scheduling. And I do want to share the community that we do have a system in place to give every dose of vaccine to someone in our eligible categories. If there are extra doses of the vaccine at the end of the day, a list of people to call is prepared in advance of people in the tier being currently vaccinated. We discourage people from coming to our vaccine sites to line up at the end of the day. Just like the testing dashboard, we will be comparing race and ethnicity composition of those receiving the vaccine to be fully transparent and try to ensure equitable distribution of the vaccine. Gilbert Salinas, Chief Equity Officer. Thank you to Board of Supervisors for the love and support that you give to all of your residents and for holding us accountable as well. I would also like to thank all of our CCHS staff for the amazing work they do. The fact that they work seven days a week. They take no holidays off. They are just a wonderful group of folks. I just wanted to acknowledge all of you. A new program that will be launching today on our website. It is called Help Your Neighbor. It was an idea brought forth by our chair Diane Burgis. Many are aware that a lot of our older population needs help to navigate the online forms and get appointments. This is one way the community can get involved. All of you are encouraged to reach out to people in your neighborhood to help. We will also have an ask for our city partners to support this effort through our senior centers. About half of the 75 and older community in Contra Costa County has not yet registered for an appointment and we think a network like this can be helpful. More details will be shared on this on our website later today and via social media. We are working on a precision outreach effort strategy through mobile clinics, case management outreach and community engagement presentations to various coalitions of groups throughout the county. We are in the process of hiring 24 adult ambassadors to help with community outreach vaccination COVID-19 and really getting deep into the community. We need to go deep into our communities and utilize non-traditional ways to reach our public for vaccination efforts. The ambassadors will be conducting testing and vaccination outreach and engagement in several communities. These are people with lived experience who can leverage their cultural expertise and language skills. We are looking at every aspect of this vaccine rollout from an equity perspective. We are working now to create the partnerships we need to address vaccine education efforts in our historically marginalized communities to ensure equitable access. A list is being vetted by community members right now that represents our hardest areas prioritized by low income housing, substance abuse homes, community sites and we will be including churches and farm worker sites as part of this rollout. We have established a partnership with the One Accord Project to reach our African American churches in West County, to meet monthly. Another partnership has helped us connect with our farm worker community. An expanded partnership with John Muir will help us take services to East County and reach other community sites in that area. Our African American work group through our community engagement and outreach team is planning a series of community messenger virtual conversations with community leaders and trusted voices to address concerns about the vaccine. We have also presented information in Spanish to about 120 community members in partnership with Preparados y Unidos through UC Berkeley's occupational health and labor program. Other presentations we have done include the West County Coalition, our DD council, older and aging population, East Community Council as well. Next week I will be meeting with United Latino Voices in ways we could partner to mobilize vaccination efforts across the county. Dr. Chris Farnitano, Public Health Officer Chair Burgis made a point last week we have to remember the people who died from COVID but also the deaths we have actually prevented through our countywide response. Contra Costa County has been much more successful than most of the counties in terms of preventing COVID-19 deaths. That is a testament not only to the hard work of all the staff in our Health Department, as well as all our healthcare workers across our county, all branches of our county government. It is also a testament to our elected leaders and our community leaders speaking up with the united voice to communicate sound, science-based Public Health advice. Most importantly, it is really the community bears the credit for really stepping up with a high level of participation and cooperation with wearing masks, following social distancing, avoiding gatherings, following business restrictions. All of those things have contributed to better outcomes in our county compared to other places. We have had 506 deaths from Covid 19 since this pandemic began in our county. But if viewing California as a whole, for a county of our size, if the pandemic had been as bad in our county as California as a whole, there would have been over 1,000 deaths. There would have been about 690 additional deaths in our county if our response and the pandemic had been similar to California as a whole. Comparing to the United States as a whole there would have had an additional 1,012 deaths if our response to the pandemic in our county had been as bad as the country on average. That is a credit to our entire community's response. Even though the Bay Area was one of the first places where Covid arrived in the United States, we have been able to respond to it in a fashion that has kept deaths down. Unfortunately, there have been deaths and the deaths are still expected to continue. Many of the 170 or so people who are in hospitals now from COVID, unfortunately, are not -- we do not expect all of them will make it home alive. And so, we know the deaths will continue before we have this pandemic fully under control. We really have to remember each of these deaths is not just a number. But it is a mother, a father, a sister, a brother. I want to talk just briefly about our long-term care facility outbreak. Now that we have really been able to vaccinate a lot of long-term care facility staff and residents, we are finally starting to see the number of confirmed outbreaks in long-term care facilities begin to drop. It had been steadily increasing since November. So, we are starting to see the benefit of vaccinating this population and we did this by not just waiting for the CVS, Walgreens partnership to do it alone. We knew that would take too long. We supplemented that with volunteers, our reserve core and partnering with mobile teams from John Muir. At this point, we are happy to report that all of the nursing homes in our county have been provided at least one dose of the vaccine through the CVS-Walgreens partnership and many have started with the second dose of the vaccine which will continue through mid-February. Of our large residential care facilities for the elderly that have 30 or more residents in them, 95% of them have been given at least one dose of the vaccine. Mostly that is through our Health Department teams and CVS. We expect to be at hundred percent by this weekend. Many have started dose two. And for the smaller facilities, already 62% of those have completed their first dose and another 31% have already been scheduled for their first dose in the next week or two. And our goal is to have all of those facilities have gotten their first dose by mid-February. And we have actually been able to accelerate that timeline by several weeks because of the efforts of our mobile teams. We are also focusing on low income senior housing. We know there's a lot of vulnerable individuals there and we have already got 16% of low income senior housing visited by our mobile teams to get their first doses and many or scheduled. And our mobile teams, once they wrap up the residential care facilities for the elderly will more fully focus on targeting senior housing units. I want to mention our school status. The state issued guidance about reopening schools in early January. It allows for elementary schools, K-6, to open once the case rate drops below 25 for five consecutive days in our county. Our case rates have been dropping significantly since the peak in early January. If these trends continue, we may be below that threshold and schools be allowed to open as soon as some time next week. S schools have already been working on their safety plans, which they need to submit to the state and to the County Health Department at least seven days in advance of opening their K-6 schools. The state guidelines also say that middle schools and high schools, grades 7-12, can open once we are in the red tier for at least five days. Based on trends of our case rates continue to drop at the quick rate they are doing, that could be as soon as some time in March. About the state's vaccination tiers. We started out with the tier 1a, healthcare workers and long-term care facility staff and residents, then we have been focusing on the next tier which is tier 1b. The first group there is age 75 and older. As Director Roth and Dr. Tzvieli mentioned, we have been through more than half of that group and we are now reopening up to more appointments in the 65-74-year-old age group. The next group in line according to the state framework is key public-facing essential workers. Folks who work in food production and delivery, like farm workers and grocery store workers, educational workers including teachers and other folks who work at schools and emergency responders. The state is expected to announce an update to their tier framework to add in people under 65 who have certain high risk medical conditions and high risk disabled conditions. The exact details of that we are still waiting for and exactly where they fall in the tiers and framework is still to be determined, but we expect something from the state sometime soon. About the spacing of doses, the recommended spacing for the Pfizer vaccine is 21 days, three weeks after the first. The Moderna vaccine is four weeks after for the second dose. The U.S. Center for Disease Control (CDC) has stated it is acceptable to go up to six weeks or 42 days after the first dose for either vaccine if the second dose can't be scheduled exactly on time. The CDC states that the data from these clinical trials supports going up to six weeks and that modest delays in administration of the second dose would not be expected to decrease the protection conferred by the second dose. For most vaccines for kids and vaccines for adults, most recommend booster doses two months or longer spaced after an initial dose because the longer timeframes result in a stronger vaccine response. We don't know for sure that will be the case with COVID vaccines going beyond six weeks. But the evidence certainly shows waiting up to six weeks between doses seems to give at least as good a response to getting fully protected as getting it exactly on time. As a Health Department our goal is to get them second dose as close to the time frame but we are committed to getting it at least in six weeks. There's a lot of studies being down on the variants. Some from the U.K. and South Africa. Some have appeared across the country, including in California. We don't have any direct confirmation that any of these variants exist in Contra Costa County, but up until this point, the testing for these variants has been fairly limited. The state is ramping up its ability to screen for variants and the CDC is also ramping up its ability. Contra Costa has been participating for several months in a surveillance study. The Contra Costa health lab will be purchasing a sequencing machine. Modeling indicates that the variants are unlikely to become common in Contra Costa before March. The greater importance is getting as many people vaccinated as possible and getting the case rates down. The more we could drive the case rates down, then the less likely these variants will take hold and less likely they will continue to evolve. Of the new vaccines down the pipeline the closest one to approval is a Johnson & Johnson vaccine. The company announced some results a few days ago. They are expected to be sending their full data to the FDA (Food and Drug Administration) this week. The FDA then will be reviewing that data and after reviewing it, presenting that data to their FDA panel to consider for emergency use approval. The filing of the application and then FDA review process may take up to 5 weeks. The Johnson & Johnson vaccine will most likely be approved for use some time in March. When this is approved, this should add anywhere between 3,000 to 15,000 extra vaccine doses to Contra Costa's supply every week. That will be a significant boost in the 15 to 20,000 vaccine doses we are getting currently from Pfizer and Moderna. So, we have been building to capacity to prepare to handle that when it comes. Some details about what the limited amount of information we have about this vaccine from the press releases from the company. The full data for the Johnson & Johnson vaccine hasn't been revealed yet, but the company claims it was about 72% effective in the U.S, and 85% effective in preventing severe disease. Essentially it is one hundred percent effective in preventing hospitalization and death from Covid-19. That protection against severe disease seen in all the places they tested it, including Europe, South Africa and United States, also seemed to be true against all different ages and different virus variants. Supervisor Gioia noted an equity disparity in vaccinations performed to date. There appears to be a slight widening in the gap from the previous week. While the average in Contra Costa of population that has received its first dose is 11.4%, the bottom five are Byron at four, Bay Point at 5.2, Bethel Island 5.7, Richmond 6.3, Oakley 6.5. The top five are Walnut Creek, 19, Diablo, 18.9, Danville 15.8, Lafayette 15.8, Orinda 15.3. In Latinx population, last week was close to 15%, this week it is down to 13.9%. The LatinX population is 25% in Contra Costa. last week it was in the upper 14s. So, yesterday, the state Department of Finance announced an additional $1.9 million -- $1.7 billion in federal funds to help the Coronavirus virus and vaccination efforts, of which California is expected to receive about $40 million. . Each county's share is determined by a state formula. 50% of the formula is based on our percentage of the state's population, the other 50% is based on equity factors. 25% is based on poverty rate and 25% is based on Black, Latino, Native American, Pacific island population. So the intention in the language from the state is that this money also will used address equity issues. Supervisor Gioia requested the County Administrator and Health Department prepare a proposal of how this new $40 million is going to be spent, with accountability and transparency, for the Board. Supervisor Andersen reminded us of the reason for the apparent disparity is partly one of demographics. We have a very large senior population in Rossmoor, Lafayette, and surrounding areas of District II. Additionally, a greater percentage of healthcare providers reside there. Healthcare providers and those over 65 years of age are in the first tier to receive the vaccine. It is not the wealthier communities receiving vaccination, it is those with the oldest members of the communities. . Supervisor Burgis noted that a great deal of the problem is not being ready and waiting to vaccinate; the sites, the staff and recipients are ready- the problem is insufficient supply of vaccine. Anna Roth said that the Board support to bringing on a chief equity officer will assist a great deal in outreach to the various communities. Gilber Salinas, Equity Officer, said the group is outlining a strategic plan that calls for very precisioned outreach efforts. The first phase of that was getting out into the community. The second phase is different from testing. With vaccination, education on the safety and efficacy of the vaccine needs to provided as well as answering questions surrounding the virus. The first round of data that was represented mostly indicated the number of health workers that live in that area. As the program is reaching out into communities and the availability through the eligibility tiers increases, the work will be more reflected in our data. The team is working to create nonhistorical partnerships like churches, farmworker groups, the Monument Corridor. That the dashboard shows race and ethnicity data was really by design, to show swiftly where improvement is needed. Working in the marginalized communities presents challenges. Traditionally, there is a lack of trust in communities of color. The team is reaching out to establish relationships and trust. It takes longer for us to build these relationships and trust. All the Supervisors acknowledged also that access and proficiency with technology is an important factor in outreach and scheduling of vaccination. RECOMMENDATION(S): 1. OPEN a hearing on the adoption of Ordinance No. 2021-01, authorizing the levy of an increased special tax for police protection services in County Service Area (CSA) P-2 Zone B (Zone B), in the unincorporated area of Alamo, and Resolution No. 2021/31, directing the ordinance to be presented to the CSA P-2 Zone B voters for approval in a May 4, 2021, mail-ballot election; CONSIDER oral and written comments received; and CLOSE the hearing. 2. ADOPT Ordinance No. 2021-01. 3. ADOPT Resolution No. 2021/31. FISCAL IMPACT: The approximate $30,000 cost of the election will be paid from ad valorem property tax revenues previously allocated to Zone B. If approved by the voters, the parcel tax is expected to generate an additional $177,000 beginning in FY 2021/22. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Cameron Collins, 925-957-8860 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.3 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:February 2, 2021 Contra Costa County Subject:HEARING TO CONSIDER ADOPTION OF PROPOSED SPECIAL TAX ORDINANCE AND AUTHORIZE ELECTION TO OBTAIN VOTER APPROVAL BACKGROUND: The CSA P-2 Zone B Alamo Police Advisory Committee (Committee) has proposed a special tax measure be submitted to the voters of Zone B. The purpose of the tax is to generate additional revenue for police protection services within the Zone. The current tax rates have been in place since 1981. Attempts to pass an increased tax rates had failed to be approved by the voters in 1987 and 2000. Currently, Zone B reserve funds are being used to supplement approximately $220,000 in annual ad valorem property tax and $68,000 in special tax revenues to support one (1) resident deputy sheriff and a patrol vehicle. The Committee determined that additional tax revenue is needed to continue funding the existing level of service. It is expected that the revenue generated by this tax measure would be able to fund the current level of services over the next 10 years. Under proposed Ordinance No. 2021-01 ("Ordinance"), beginning in fiscal year 2021-2022, special taxes levied in the Zone for police protection would be increased to $67 per parcel for residential properties and $200 per parcel for commercial/industrial/institutional properties. The current tax rates range from $18 to $36 per parcel for residential properties and is $54 per parcel for commercial/industrial/institutional properties. The proposed ordinance will also replace the three (3) existing residential tax rates ("Single Residential', "Small Mulitiple Residential", and "Large Mulitple Residential") with one (1) "Residential" rate. If adopted by the Board, Ordinance No. 2021-01 would become effective only if it is presented to the voters of the Zone at an election, and receives the approval of two-thirds of the voters voting on the measure. Resolution No. 2021/31 would direct Ordinance No. 2021-01 to be presented to the CSA P-2 Zone B voters for approval at the scheduled May 4, 2021 mail ballot election and provides appropriate ballot language. The resolution also directs the County Clerk, Elections Division, to conduct the election and designates the County Administrator or designee to serve as the Eligible Filer for purposes of filing necessary documents on behalf of the County. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not take the recommended actions before the February 5, 2021, deadline to place measures on the May 4, 2021, mail ballot, the proposed tax measure could not be submitted to CSA P-2 Zone B voters for consideration on May 4, 2021. AGENDA ATTACHMENTS Resolution 2021/31 Ord. 2021-01 MINUTES ATTACHMENTS Signed Resolution No. 2021/31 Signed Ordinance 2021-01 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/02/2021 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/31 IN THE MATTER OF AUTHORIZING AN INCREASED SPECIAL TAX FOR POLICE PROTECTION SERVICES IN COUNTY SERVICE AREA P-2 ZONE B (ALAMO) WHEREAS, this Board recognizes the need for increased police protection services in County Service Area P-2 Zone B and the difficulty of funding the current or increased level of services with revenues now available; and WHEREAS, Government Code sections 50077 and 53978 establish procedures for voter authorization of an increased special property tax in order to provide additional funding for police protection, NOW, THEREFORE, BE IT RESOLVED THAT: 1. Ordinance No. 2021-01, adopted this date, is to be presented for approval of the voters of County Service Area P-2 Zone B in a mail-ballot election on May 4, 2021, according to the following ballot proposition: “Shall County of Contra Costa Ordinance No. 2021-01 be approved to increase the existing parcel tax on County Service Area P-2 Zone B to annual maximums of $67 per parcel for residential property and $200 per parcel for commercial/industrial/institutional property, to provide additional funding for police protection services?” 2. The Contra Costa County Registrar of Voters is designated as the Election Official for this election, and the County Clerk, Elections Division, is hereby authorized and directed to provide all notices and take all other actions necessary to holding the election described in this resolution including, but not limited to, providing notices of times within which arguments for and against are to be submitted. 3. The County Administrator, or her designee, shall serve as the Eligible Filer for purposes of filing necessary documents with the Elections Official to facilitate listing of the above ballot proposition. Contact: Cameron Collins, 925-957-8860 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: 1 ORDINANCE NO. 2021-01 ORDINANCE NO. 2021-01 (Uncodified) (An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone B, County Service Area P-2 The Contra Costa County Board of Supervisors ORDAINS as follows: ARTICLE I. PURPOSE AND INTENT. It is the purpose and intent of this Ordinance to authorize the levy of a tax on parcels of real property on the secured property tax roll of Contra Costa County that are within Zone B of Contra Costa County Service Area No. P-2 in order to augment funding for police protection. This tax is a special tax within the meaning of Section 4 of Article XIIIA of the California Constitution. Because the burden of this tax falls upon property, this tax also is a property tax, but this tax is not determined according to nor in any manner based upon the value of property; this tax is levied on a parcel and use of property basis. Insofar as not inconsistent with this Ordinance or with legislation authorizing special taxes and insofar as applicable to a property tax that is not based on value, such provisions of the California Revenue and Taxation Code and of Article XIII of the California Constitution as relate to ad valorem property taxes are intended to apply to the collection and administration of this tax (Article IV of this Ordinance), as authorized by law. The revenues raised by this tax are to be used solely for the purposes of obtaining, furnishing, operating, and maintaining police protection equipment or apparatus, for paying the salaries and benefits of police protection personnel, and for such other police protection service expenses as are deemed necessary. ARTICLE II. DEFINITIONS. The following definitions shall apply throughout this Ordinance. 1. “Parcel” means the land and any improvements thereon, designated by an assessor's parcel map and parcel number and carried on the secured property tax roll of Contra Costa County. For the purposes of this Ordinance, parcel does not include any land or improvements outside the boundaries of Zone B of County Service Area P-2 nor any land or improvements owned by any governmental agency. 2. “Fiscal year” means the period of July 1 through the following June 30. 3. “Zone” means Zone B of County Service Area P-2, which is in the Alamo area. 4. “Ad valorem property taxes” or “ad valorem real property taxes” means taxes imposed pursuant to Division 1, Property Taxation, of the Revenue and Taxation Code of California on secured roll real property subject to being sold for delinquency of such taxes. 2 ORDINANCE NO. 2021-01 5. “Residential” means parcels assigned the following use codes by the Assessor of Contra Costa County for ad valorem property tax purposes: 11, 12, 13, 14, 15, 16, 19, 21, 22, 23, 24, 25, 26, 27, 28, 29, 61, 88. 6. “Commercial/Industrial/Institutional” means parcels assigned the following use codes by the Assessor of Contra Costa County for ad valorem property tax purposes: 31, 32, 33, 34, 35, 36, 37, 39, 41, 42, 43, 44, 45, 46, 47, 49, 51, 52, 53, 54, 70, 74, 75, 83, 84, 85. 7. “Use Code” means the code number assigned by the Assessor of Contra Costa County in order to classify parcels according to their use for ad valorem property tax purposes. A copy of the Assessor's use code classification chart is attached hereto as Appendix A and incorporated herein. ARTICLE III. AMOUNT AND LEVY OF TAXES. 1. The tax per year on each parcel in the Zone shall not exceed the amount applicable to the parcel, as specified below: Property Use Category Amount of Tax Per Parcel 1. Residential $ 67 2. Commercial/Industrial/Institutional 200 2. In July of each year, the Board of Supervisors of Contra Costa County shall determine the amount of taxes to be levied upon the parcels in the Zone for the then current fiscal year in amounts not exceeding the above listed maximums per parcel. 3. The taxes levied on each parcel pursuant to this Article shall be a charge upon the parcel and shall be due and collectible as set forth in Article IV, below. A complete listing of the amount of taxes on each parcel shall be maintained by the Clerk of the Board of Supervisors of the County of Contra Costa and be available for public inspection during the remainder of the fiscal year for which such taxes are levied. ARTICLE IV. COLLECTION AND ADMINISTRATION. 1. Taxes as Liens Against the Property. The amount of taxes for each parcel each year shall constitute a lien on such property in accordance with Revenue and Taxation Code section 2187, and shall have the same effect as an ad valorem real property tax lien until fully paid. 2. Collection. The taxes on each parcel shall be billed on the secured roll tax bills for ad valorem property taxes and shall be due the County of Contra Costa. Insofar as feasible and insofar as 3 ORDINANCE NO. 2021-01 not inconsistent with this Ordinance, the taxes are to be collected in the same manner in which the County collects secured roll ad valorem property taxes. Insofar as feasible and insofar as not inconsistent with this Ordinance, the times and procedure regarding exemptions, due dates, installment payments, corrections, cancellations, refunds, late payments, penalties, liens, and collections for secured roll ad valorem property taxes shall be applicable to the collection of this tax. Notwithstanding anything to the contrary in the foregoing, as to this tax: (1) the secured roll tax bills shall be the only notices required for this tax, and (2) the homeowners and veterans exemptions shall not be applicable because such exemptions are determined by dollar amount of value. 3. Costs of Administration by the County. The reasonable costs incurred by the County officers collecting and administering this tax shall be deducted from the collected taxes. ARTICLE V. ACCOUNTABILITY MEASURES. 1. Account. Upon the levy and collection of the tax authorized by this Ordinance, an account shall be created into which the proceeds of the tax will be deposited. The proceeds of the tax authorized by this Ordinance shall be applied only to the specific purposes identified in this Ordinance. 2. Annual Report. An annual report that complies with the requirements of Government Code section 50075.3 shall be filed with the Board of Supervisors of Contra Costa County no later than January 1 of each fiscal year in which the tax is levied. ARTICLE VI. SEVERABILITY CLAUSE. If any article, section, subsection, sentence, phrase of clause of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The voters within the Zone hereby declare that they would have adopted the remainder of this Ordinance, including each article, section, subsection, sentence, phrase or clause, irrespective of the invalidity of any other article, section, subsection, sentence, phrase or clause. ARTICLE VII. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its confirmation by two-thirds of the voters voting within the Zone in an election to be held on May 4, 2021, so that taxes shall first be collected hereunder for the tax year beginning July 1, 2021. If confirmed by the voters, this Ordinance supersedes Ordinance No. 81-16 in its entirety. 4 ORDINANCE NO. 2021-01 PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, on February 2, 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: MONICA NINO, Clerk of the Board of Supervisors and County Administrator By: Deputy Chair of the Board of Supervisors [SEAL] ATTACHMENT: APPENDIX A LW/ H:\Ordinances\Ord.2021-01.docx APPENDIX A to Ord. No. 2021-01 G:\Forms\FORMS\OFFICE\AS 3316.doc Rev. 3/7/13 REJECT AND CONFIRMATION CODES USE CODES RESPONSIBILITY CODES REJECT CODES 0 Good Sale (can be used as comparable) 1 Sold Part of a Split 3 Sales With Other Parcels 4 Hidden Stamps 5 Investigate Sale (cannot be used as comparable) 7 Restricted Sale 8 Assumption 9 No Exemption Change U Unrecorded Documents NOTE: Reject Codes 0, 1, & 4 "identify" sales. They do not reject them. Such sales (when confirmed) are used in statistics. Sales with other codes ARE rejected & do not enter into statistics. CONFIRMATION CODES Q = PCOR Received C = SQ Received A = ADJ R = SQ Requested X = SVP (Sales Verification Program) RESIDENTIAL MULTIPLE COMMERCIAL COMMERCIAL INDUSTRIAL LAND INSTITUTIONAL MISCELLANEOUS 1 10 20 30 40 50 60 70 80 Vacant, Unbuildable Vacant Vacant Land Boat Harbors Vacant Land Unassigned Intermediate Care Facility (Rehab, Skilled Nursing) (-7) Mineral Rights (productive/non- productive) Residential 11 Single Family 21 31 41 51 61 71 81 2 1 Res on 1 site, with or w/o MINOR Common Area Duplex Commercial Stores (not Supermarkets) Supermarkets (not in shopping centers) Industrial Park (with structures) Rural, Residential Improved 1A up to 10A Churches Private Roads Multiple Residential 12 Single Family 22 32 42 52 62 72 82 3 1 Res on 2 or more sites Triplex Small Grocery Stores (7-11, Mom & Pop, Quick-Stop) Shopping Centers (all parcels incl vacant for future shopping center) Research and Development, with or w/o structures; flexible use Rural, with or without Misc. Structures 1A up to 10A Schools & Colleges (public or private, with or without improvements) Pipelines and Canals Commercial/ Industrial 13 Single Family 23 33 43 53 63 73 83 4 2 or more Res on 1 or more site Fourplex Office Buildings Financial Bldgs. (Ins. & Title Companies, Banks, S & L) Light Industrial Urban Acreage 10A up to 40A Acute Care Hospitals, with or without imps State Board Assessed Parcels Commercial/ Industrial 14 Single Family 24 34 44 54 64 74 84 5 1 Res on other than Single Family Land Combinations; e.g., Single and a Double, etc. Medical; Dental Motels, Hotels (-4) & Mobile Home Parks (-7) Heavy Industrial (-5) Alpha Urban Acreage 40A and over Cemeteries (-7) & Mortuaries (-3) Utilities, with or without bldgs (not assessed by SBE) Commercial/ Industrial 15 25 35 45 55 65 75 85 6 Miscellaneous Improvements, 1 or more site, incl. trees & vines Apartments, 5-12 units, inclusive Service Stations; Car Washes; Bulk Plants, Mini Lube Theaters Mini-Warehouse (Public Storage) Orchards, Vineyards, Row Crops, Irrig. Past. 10A up to 40A Fraternal and Service Organiza- tions, Group Homes, Shelters Public and Private Parking Land 16 Single Family 26 36 46 56 66 76 86 7 Attached Res, Townhouses, Duets Apartments, 13-24 units, inclusive Auto Repair Drive-In Restaurants (Hamburger, Taco, etc) Misc. Imps including trees & vines on Light or Heavy Industrial Orchards, Vineyards, Row Crops, Irrig. Past. 40A & over Residential Care Facil. (Congregate Housing, Assisted Living) (-7) Taxable Municipally- Owned Property (Section 11) Commercial/ Industrial 17 27 37 47 57 67 77 87 8 Vacant, 1 site (includes PUD sites) Apartments, 25-59 units, inclusive Community Facilities; Recreational; Swim Pool Assn. Restaurants (not drive-in; inside service only) Unassigned Dry Farming, Farming, Grazing & Pasturing 10A up to 40A Cultural Uses (Libraries, Museums) Common Area pcls in PUD's (Open Space, Recreational Facilities) Residential (Unparcelized Condos) 18 28 38 48 58 68 78 88 (88-8 = Floating Vacant, 2 or more sites Apartments, 60 units or more Golf Courses Multiple and Commercial; miscellaneously improved Unassigned Dry Farming, Farming, Grazing & Pasturing 40A & over Parks and Playgrounds Manufactured Home Accessories (-4) In Park (-7) Homes) Floating Homes (-8) 9 19 Single Family 29 39 49 59 69 79 89 Detached Res, with MAJOR Common Area (pool, tennis, clubhouse, or other amenities), Cluster Homes Condominiums, Cooperatives (-1 Single Family) (-2 Rossmoor) Bowling Alleys Auto Agencies Pipeline Rights-Of- Way Agricultural Preserves Government- owned, with or without bldgs (Fed, State, County, City, SFBART, EBRPD) Other; Split parcels in different tax code areas Unassigned 90 Unassigned RECOMMENDATION(S): APPROVE the creation of a 17-member Community Advisory Committee to recommend the budget allocation for 50% of the annual revenue received under Measure X funds as set forth in this Board Order; and DIRECT the County Administrator to return to the Board by February 9, 2021 with a process to move forward in soliciting applications and seating members on the Community Advisory Committee by mid-March 2021 consistent with the process set forth in this Board Order. FISCAL IMPACT: No fiscal impact at this time. Once the Community Advisory Committee is formed and begins to meet, staff time will need to be allocated to the work of the committee for the third and fourth quarters of FY 20-21. BACKGROUND: The voters passed Measure X, a ½ cent sales tax levied countywide (exempting food sales), in November 2020. Collection of the sales tax will begin in April 2021 and will be available for distribution in FY 2021-22. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: Chris Wikler, (925) 521-7100 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: D.4 To:Board of Supervisors From:Karen Mitchoff, District IV Supervisor Date:February 2, 2021 Contra Costa County Subject:Establishment of a Community Advisory Committee for Measure X BACKGROUND: (CONT'D) A needs assessment was performed in 2019, and the following services were identified as high priorities: Fire and Emergency Services Hospital and Community Health Early Childhood and Youth Services Senior Services Safety Net Services; e.g., expanding access to shelter, expanding food security, homelessness assistance programs, etc. Now that the measure has passed, it is appropriate to bring together community members and various other stakeholders as members of a Community Advisory Committee to make recommendations on Measure X expenditures. The stakeholder group that met prior to putting Measure X on the ballot recently held discussions as to the makeup of an Oversight Committee; however, a Community Advisory Committee must first be appointed in order to make recommendations to the Board of Supervisors on how some of the funds should be allocated based on the needs assessment. An Oversight Committee will be created by the beginning of the FY 2021-22 (August 2021) so that as tax proceeds are received and allocated, the Oversight Committee can meet on a quarterly basis to review revenues and expenditures to determine that funds were appropriately received and spent. This Board Order specifically deals with creating the Community Advisory Committee at this time; the process for appointing the Oversight Committee will be discussed in May or June 2021. Amount of Revenue to be Allocated: The Community Advisory Committee shall make budget allocation recommendations to the Board of Supervisors for 50% of the annual revenue received under Measure X based on Measure X priorities/needs as identified in the most recent Needs Assessment The Board of Supervisors shall make budget allocations for 45% of the annual revenue received under Measure X in an open transparent process with public input and comment and based on Measure X priorities/principles and as identified in the most recent Needs Assessment; and 5% of the annual revenue be set aside in a special interest-bearing reserve account for unanticipated needs that arise during a given fiscal year. These funds could only be expended by a four fifth's (4/5th’s)`vote of the Board of Supervisors. Responsibilities: The Community Advisory Committee’s main responsibilities: Overseeing an annual assessment of community needs, focusing primarily on the priority areas identified in this year’s Needs Assessment, including emergency response (fire/medical), health care, safety net services, preventative care, affordable housing, and supports for early childhood, youth, families, and seniors. Creating detailed priority lists of the top ten service gaps (county- and community-provided) based on the results from the needs assessment. Using the assessment to make general funding priority recommendations to the Board of Supervisors on 50% of the revenue generated by Measure X. Providing an annual report on the outcomes and impact of allocated funds. The committee shall initially meet as needed to develop a recommended annual budget allocation plan, and thereafter shall meet quarterly. Membership: The Community Advisory Committee shall be composed of 17 individuals and its membership should represent broad and diverse voices, perspectives and expertise, including but not exclusive to: budget justice advocacy, children’s services, community health, consumer advocacy, faith leadership, senior services, fire and public safety protection, housing and homelessness, labor union representation, legal advocacy, local businesses, mental health services, non-partisan civic organizations, policy organizations, public health, racial justice and equity, safety net services, senior services, substance use services, taxpayers, and youth services. Committee members should have expertise in an area outlined above or that is otherwise in accordance with the priorities set by the ballot measure and needs assessment. Representation on the committee shall be from community-based organizations and residents from across the county who have received county- and community-provided services in the areas identified. Committee members shall either live or work in Contra Costa County, with a majority being residents of the County. Appointment Process: The County will solicit applications to fill the 17 member committee. Applications shall be referred to the Board Finance Committee which shall make recommendations to the full Board of Supervisors on appointments to the Community Advisory Committee. The Board shall make every effort to insure that there is representation from the broadest cross-section of stakeholders as described in the “Membership” section above, as well as geographic, racial and ethnic representation reflecting the County’s diversity. Terms: The initial members of the Community Advisory Committee shall serve staggered terms of two or three years, and subsequent appointments serving three-year terms, with a maximum of six years served consecutively by any member. CLERK'S ADDENDUM Speakers: Daniel Espinoza; Allie, Healthy and Active Before 5; Roxanna Criogarza; Melivin Willis, City of Richmond; Yehido Lieberman, Pleasant Hill; Ruth Hernandez, Executitve Director First 5 Contra Costa; Catherine Wally; Marianna Moore, Budget Justice Coalition; Joe, SEIU 2015; Hector, Ensuring Opportunity Campaign; Dan Geiger, Human Services Alliance, Budget Justice Coalition; Wendy, Leadership Council; Francisco Torres, ACCE; Josh Anijar, Executive Director Contra Costa Labor Council; Laura Scheckler, Community Clinic Consortium; Yen Do, SEIU 1021; GIgi Crowder, Black Lives Matter Too; Written commentary received from Gretchen Tofflemire; Jan Warren (attached). ADOPTED the recommendations with the following amendments: Under Amount of Revenue to be Allocated it would read: 1) The Community Advisory Committee shall make general priorities recommendations to the Board of Supervisors for 95% of the annual revenue received under Measure X. These recommendations would include the highest priorities and needs for expenditure from Measure X revenue based on the most recent or updated Needs Assessment, and shall not be specific budget allocations. 2) 5% of the annual revenue be set aside in a special interest-bearing reserve account for unanticipated needs that arise during a given fiscal year. These funds could only be expended by a four-fifith’s (4/5th’s)`vote of the Board of Supervisors; Under Responsibilities bullet number three shall now read: Using the assessment to make general funding priority recommendations to the Board of Supervisors on 95% of the revenue generated by Measure X; Under Membership bullet 2 would now read: Representation on the committee shall be from community-based and labor organizations, and residents from across the county who have knowledge and understanding of county services; and FURTHER DIRECTED that his Advisory Committee be a Brown Act committee that is staffed by the County Administrators Office. RECOMMENDATION(S): CONSIDER adopting Ordinance No. 2021-05, an urgency ordinance establishing a temporary cap on fees charged by third-party delivery services for food orders and deliveries from restaurants in Contra Costa County. FISCAL IMPACT: No fiscal impact. BACKGROUND: The COVID-19 pandemic has had a detrimental impact on restaurants in Contra Costa County and throughout the state. According to the National Restaurant Association, restaurant employment in California as of November 2020 is at least 20% lower than restaurant employment in February 2020. Restaurants nationally also continued to see job losses between October and November 2020. Restaurant sales fell four percent nationally between October 2020 and November 2020, and sales remain more than 20% below February 2020 levels. Overall total restaurant and food service sales nationally were down $240 billion from expected levels in 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: Mark Goodwin, (925) 252-4500 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: D.5 To:Board of Supervisors From:Supervisor Diane Burgis & Supervisor Karen Mitchoff Date:February 2, 2021 Contra Costa County Subject:ORDINANCE NO. 2021-05 - URGENCY ORDINANCE ESTABLISHING A TEMPORARY CAP ON FEES CHARGED BY THIRD PARTY MEAL DELIVERY SERVICES BACKGROUND: (CONT'D) As of December 31, 2020, dozens of restaurants in the Bay Area have permanently closed because of the economic impacts connected with COVID-19. Restaurants in Contra Costa County also have experienced revenue losses as a result of the pandemic. Restaurants in some areas of Contra Costa County also have had to significantly reduce staffing due to pandemic-related public health restrictions. The continued vitality of restaurants in Contra Costa County is critical to ensuring the availability of essential food services to the public, sustaining employment among restaurant workers, and preserving the vitality of the local economy and the vitality of neighborhoods and communities. Some residents in Contra Costa County are unable to prepare food themselves and rely on deliveries of prepared food, including food from restaurants, for their meals. Many restaurant customers rely on third-party food delivery companies that operate applications or web-based platforms to place orders with restaurants for delivery and takeout. These companies rely on employees or third-party independent contractors to pick up and deliver food from restaurants. These companies charge restaurants a range of fees for orders, deliveries, and marketing services. These fees are charged at rates that threaten the profitability and ongoing vitality of restaurants in the County, particularly small and family-owned restaurants that are vital contributors to the employment of County residents, commerce in the County, and the identity of neighborhoods and communities in the County. Restaurants in Contra Costa County have a limited ability to negotiate these fees because only a small number of these third-party food delivery companies operate within Contra Costa County. There is an urgent need for the County to place limits on the fees that third-party firms operating food delivery platforms may charge restaurants. These limits are necessary to preserve the health, safety, and public welfare of residents in Contra Costa County by ensuring the availability of prepared food in Contra Costa County. Under the attached ordinance, if a customer places an online order for delivery or pickup at a restaurant through a platform operated by a third-party delivery firm, the delivery firm cannot charge the restaurant more than 15 percent of the order. Similarly, if a third-party delivery firm provides a service such as processing online orders for a restaurant, the delivery firm cannot charge the restaurant more than 10 percent of the order for providing that service. The ordinance authorizes restaurants to request invoices from third-party delivery firms that specify the amount of fees charged to the restaurant. If a restaurant believes that a third-party delivery firm has violated the ordinance, the restaurant can provide written notice of the alleged violation to the firm. The firm has 10 days to respond in writing. The firm’s response must indicate the remedial action the firm will take. If the firm will reimburse fees to the restaurant, the firm has 30 days to provide the refund. If a restaurant is dissatisfied with the response or the firm does not respond, the restaurant can enforce the ordinance in Superior Court. CLERK'S ADDENDUM Speakers: Writtten commentary received from Al Miller and Paul Fadelli, Mayor of El Cerrito. AGENDA ATTACHMENTS Ordinance No. 2021-05 MINUTES ATTACHMENTS Signed Ordinance No. 2021-05 Correspondence Received ORDINANCE NO. 2021-05 Page 1 ORDINANCE NO. 2021-05 (UNCODIFIED) AN URGENCY ORDINANCE ESTABLISHING A TEMPORARY CAP ON FEES CHARGED BY THIRD-PARTY DELIVERY SERVICES FOR FOOD ORDERS AND DELIVERIES FROM RESTAURANTS WITHIN CONTRA COSTA COUNTY 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.). 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, under 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 have also adopted local emergency proclamations due to COVID-19 under Government Code section 8630. G. The COVID-19 pandemic has had a detrimental impact on restaurants in Contra Costa County and throughout the state. According to the National Restaurant Association, restaurant employment in California as of November 2020 is at least 20% lower than restaurant employment in February 2020. Restaurants nationally also continued to see job losses between October and November 2020. Restaurant sales fell four percent nationally between October 2020 and November 2020, and sales remain more than 20% below February 2020 levels. Overall total restaurant and food service sales nationally were down $240 billion from expected levels in 2020. [https://restaurant.org/manage- my-restaurant/business-operations/covid19/research/economic-analysis] H. As of December 31, 2020, dozens of restaurants in the Bay Area have permanently closed because of the economic impacts connected with COVID-19. Restaurants in Contra ORDINANCE NO. 2021-05 Page 2 Costa County also have experienced revenue losses as a result of the pandemic. Restaurants in some areas of Contra Costa County also have had to significantly reduce staffing due to pandemic-related public health restrictions. I. Contra Costa County is currently in the widespread (purple) tier of the State’s Blueprint for a Safer Economy. In this tier, indoor dining at restaurants is prohibited and outdoor dining is allowed only with modifications. Under these restrictions, restaurants in Contra Costa County rely heavily on carry-out and delivery orders. J. The continued vitality of restaurants in Contra Costa County is critical to ensuring the availability of essential food services to the public, sustaining employment among restaurant workers, and preserving the vitality of the local economy and the vitality of neighborhoods and communities. K. Some residents in Contra Costa County are unable to prepare food themselves and rely on deliveries of prepared food, including food from restaurants, for their meals. L. Many restaurant customers rely on third-party food delivery companies that operate applications or web-based platforms to place orders with restaurants for delivery and takeout. These companies rely on employees or third-party independent contractors to pick up and deliver food from restaurants. These companies charge restaurants a range of fees for orders, deliveries, and marketing services. Some of these fees are charged at high rates that threaten the profitability and ongoing vitality of restaurants in the County, particularly small and family-owned restaurants that are vital contributors to the employment of County residents, commerce in the County, and the identity of neighborhoods and communities in the County. Restaurants in Contra Costa County have a limited ability to negotiate these fees because only a small number of these third- party food delivery companies operate within Contra Costa County. M. There is an urgent need for the County to place limits on the fees that third-party firms operating food delivery platforms may charge restaurants. These limits are necessary to preserve the health, safety, and public welfare of residents in Contra Costa County by ensuring the availability of prepared food in Contra Costa County. Section 2. Definitions. For purposes of this ordinance, the following words and phrases have the following meanings: (a) “Customer” means any person, firm, association, or entity that is located in Contra Costa County and places an online order from a restaurant. (b) “Delivery firm” means any person, firm, association, or entity that, using a platform, offers or arranges for the sale of food and beverages from a restaurant for same-day delivery or same-day pickup. (c) “Fee” means any fee, charge, cost, or other amount. ORDINANCE NO. 2021-05 Page 3 (d) “Listing services” means services offered by a delivery firm to make it possible for a customer to place an online order at a restaurant, including (i) listing the restaurant’s information or menu, (ii) processing online orders, and (iii) arranging payment for online orders, including paying any credit card processing fees. (e) “Online order” means a customer’s order of food or beverage items from a restaurant that is placed through, or facilitated by, a platform operated by a delivery firm. (f) “Platform” means any website, mobile application, or other internet-based service. (g) “Promotional services” means services offered by a delivery firm to a restaurant for the purposes of promoting, advertising, or that are otherwise intended to strengthen the business or performance of, the restaurant, and that are independent of order and delivery services or listing services. (h) “Purchase price” means the gross price of food or beverage items set by a restaurant and listed on the restaurant’s menu, excluding all taxes, tips, gratuities, and fees imposed by the restaurant or by the delivery service. (i) “Restaurant” means any “food facility,” as defined in Health and Safety Code section 113789, that is located in Contra Costa County. Section 3. Cap on Fees Charged to Restaurants and Required Disclosures. (a) Maximum Fees Charged to Restaurants. (1) A delivery firm shall not impose upon a restaurant any fee, or combination of fees, that is more than 15 percent of the purchase price for the order and delivery of an online order. (2) A delivery firm shall not impose on a restaurant any fee, or combination of fees, for non-delivery services, including listing services, that, in total, constitute more than 10 percent of the purchase price for order and delivery of an online order. For purposes of this section 3(a)(2), non-delivery services do not include promotional services. (3) Nothing in section 4(a)(1) or 4(a)(2) prohibits a delivery firm from selling promotional services to a restaurant at prices negotiated between the restaurant and the delivery firm. A delivery firm shall not make the provision of services in section 4(a)(1) or 4(a)(2) contingent upon the restaurant’s purchase of promotional services. (4) A delivery firm shall not, directly or indirectly, influence, limit, impede, or impair a restaurant’s determination or calculation of any purchase price of food or beverage that it sells. ORDINANCE NO. 2021-05 Page 4 (b) Disclosures. (1) Upon written request by a restaurant, a delivery firm shall promptly provide the restaurant a written invoice specifying, in reasonable detail, all fees charged to the restaurant for online orders, for listing services, and for promotional services. A delivery firm shall ensure that the invoice separately lists, and does not combine, fees charged for online orders, fees for listing services, and fees for promotional services. (2) A delivery firm shall not list, or cause to list, any restaurant, or the menu of the restaurant, on any mobile application or other Internet service, without the written permission of the restaurant. Section 4. Enforcement. (a) Notice and Refund Request. A restaurant claiming a delivery firm is in violation of this ordinance must provide, within 60 days after the date of the claimed violation, written notice to the delivery firm stating the specific provisions of this ordinance that the restaurant claims the delivery firm violated and the facts known to the restaurant to support the claim of violation. Within 10 days after the date the restaurant gives the delivery firm a written notice of violation, the delivery firm shall respond to the restaurant in writing indicating what, if any, remedial action the delivery firm will take in response to the claimed violation. If the remedial action includes reimbursement of any fees or other amount, reimbursement shall be made to the restaurant within 30 days after the delivery firm’s written response. (b) Civil Action. A restaurant may pursue all remedies available to the restaurant in superior court or otherwise if the restaurant gives the written notice required by section 5(a) and either (i) the delivery firm fails to timely respond to the notice, or (ii) the restaurant is dissatisfied with the delivery firm’s response. Section 5. Severability. If any provision or clause of this ordinance or the application thereof to any person or circumstance 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 6. 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. ORDINANCE NO. 2021-05 Page 5 Section 7. 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 8. Effective Date. This ordinance becomes effective immediately upon passage by four-fifths vote of the Board of Supervisors. Unless earlier repealed, modified, or extended by the Board of Supervisors, this ordinance shall expire and be repealed on (i) the date when all applicable public health orders allow all restaurants in the County to seat customers at their indoor dining at 100 percent capacity, or (ii) the termination of the local emergency proclaimed in response to the COVID-19 pandemic, whichever is earlier. Section 9. 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 February 2, 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: MONICA NINO, ____________________________ Clerk of the Board of Supervisors Board Chair and County Administrator By: _________________________ [SEAL] Deputy H:\2021\Covid 19\Urgency Ord - Food Delivery Fees - final.docx ORDINANCE NO. 2021-05 Page 1 ORDINANCE NO. 2021-05 (UNCODIFIED) AN URGENCY ORDINANCE ESTABLISHING A TEMPORARY CAP ON FEES CHARGED BY THIRD-PARTY DELIVERY SERVICES FOR FOOD ORDERS AND DELIVERIES FROM RESTAURANTS WITHIN CONTRA COSTA COUNTY 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.). 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, under 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 have also adopted local emergency proclamations due to COVID-19 under Government Code section 8630. G. The COVID-19 pandemic has had a detrimental impact on restaurants in Contra Costa County and throughout the state. According to the National Restaurant Association, restaurant employment in California as of November 2020 is at least 20% lower than restaurant employment in February 2020. Restaurants nationally also continued to see job losses between October and November 2020. Restaurant sales fell four percent nationally between October 2020 and November 2020, and sales remain more than 20% below February 2020 levels. Overall total restaurant and food service sales nationally were down $240 billion from expected levels in 2020. [https://restaurant.org/manage- my-restaurant/business-operations/covid19/research/economic-analysis] H. As of December 31, 2020, dozens of restaurants in the Bay Area have permanently closed because of the economic impacts connected with COVID-19. Restaurants in Contra ORDINANCE NO. 2021-05 Page 2 Costa County also have experienced revenue losses as a result of the pandemic. Restaurants in some areas of Contra Costa County also have had to significantly reduce staffing due to pandemic-related public health restrictions. I. Contra Costa County is currently in the widespread (purple) tier of the State’s Blueprint for a Safer Economy. In this tier, indoor dining at restaurants is prohibited and outdoor dining is allowed only with modifications. Under these restrictions, restaurants in Contra Costa County rely heavily on carry-out and delivery orders. J. The continued vitality of restaurants in Contra Costa County is critical to ensuring the availability of essential food services to the public, sustaining employment among restaurant workers, and preserving the vitality of the local economy and the vitality of neighborhoods and communities. K. Some residents in Contra Costa County are unable to prepare food themselves and rely on deliveries of prepared food, including food from restaurants, for their meals. L. Many restaurant customers rely on third-party food delivery companies that operate applications or web-based platforms to place orders with restaurants for delivery and takeout. These companies rely on employees or third-party independent contractors to pick up and deliver food from restaurants. These companies charge restaurants a range of fees for orders, deliveries, and marketing services. Some of these fees are charged at high rates that threaten the profitability and ongoing vitality of restaurants in the County, particularly small and family-owned restaurants that are vital contributors to the employment of County residents, commerce in the County, and the identity of neighborhoods and communities in the County. Restaurants in Contra Costa County have a limited ability to negotiate these fees because only a small number of these third- party food delivery companies operate within Contra Costa County. M. There is an urgent need for the County to place limits on the fees that third-party firms operating food delivery platforms may charge restaurants. These limits are necessary to preserve the health, safety, and public welfare of residents in Contra Costa County by ensuring the availability of prepared food in Contra Costa County. Section 2. Definitions. For purposes of this ordinance, the following words and phrases have the following meanings: (a) “Customer” means any person, firm, association, or entity that is located in Contra Costa County and places an online order from a restaurant. (b) “Delivery firm” means any person, firm, association, or entity that, using a platform, offers or arranges for the sale of food and beverages from a restaurant for same-day delivery or same-day pickup. (c) “Fee” means any fee, charge, cost, or other amount. ORDINANCE NO. 2021-05 Page 3 (d) “Listing services” means services offered by a delivery firm to make it possible for a customer to place an online order at a restaurant, including (i) listing the restaurant’s information or menu, (ii) processing online orders, and (iii) arranging payment for online orders, including paying any credit card processing fees. (e) “Online order” means a customer’s order of food or beverage items from a restaurant that is placed through, or facilitated by, a platform operated by a delivery firm. (f) “Platform” means any website, mobile application, or other internet-based service. (g) “Promotional services” means services offered by a delivery firm to a restaurant for the purposes of promoting, advertising, or that are otherwise intended to strengthen the business or performance of, the restaurant, and that are independent of order and delivery services or listing services. (h) “Purchase price” means the gross price of food or beverage items set by a restaurant and listed on the restaurant’s menu, excluding all taxes, tips, gratuities, and fees imposed by the restaurant or by the delivery service. (i) “Restaurant” means any “food facility,” as defined in Health and Safety Code section 113789, that is located in Contra Costa County. Section 3. Cap on Fees Charged to Restaurants and Required Disclosures. (a) Maximum Fees Charged to Restaurants. (1) A delivery firm shall not impose upon a restaurant any fee, or combination of fees, that is more than 15 percent of the purchase price for the order and delivery of an online order. (2) A delivery firm shall not impose on a restaurant any fee, or combination of fees, for non-delivery services, including listing services, that, in total, constitute more than 10 percent of the purchase price for order and delivery of an online order. For purposes of this section 3(a)(2), non-delivery services do not include promotional services. (3) Nothing in section 4(a)(1) or 4(a)(2) prohibits a delivery firm from selling promotional services to a restaurant at prices negotiated between the restaurant and the delivery firm. A delivery firm shall not make the provision of services in section 4(a)(1) or 4(a)(2) contingent upon the restaurant’s purchase of promotional services. (4) A delivery firm shall not, directly or indirectly, influence, limit, impede, or impair a restaurant’s determination or calculation of any purchase price of food or beverage that it sells. ORDINANCE NO. 2021-05 Page 4 (b) Disclosures. (1) Upon written request by a restaurant, a delivery firm shall promptly provide the restaurant a written invoice specifying, in reasonable detail, all fees charged to the restaurant for online orders, for listing services, and for promotional services. A delivery firm shall ensure that the invoice separately lists, and does not combine, fees charged for online orders, fees for listing services, and fees for promotional services. (2) A delivery firm shall not list, or cause to list, any restaurant, or the menu of the restaurant, on any mobile application or other Internet service, without the written permission of the restaurant. Section 4. Enforcement. (a) Notice and Refund Request. A restaurant claiming a delivery firm is in violation of this ordinance must provide, within 60 days after the date of the claimed violation, written notice to the delivery firm stating the specific provisions of this ordinance that the restaurant claims the delivery firm violated and the facts known to the restaurant to support the claim of violation. Within 10 days after the date the restaurant gives the delivery firm a written notice of violation, the delivery firm shall respond to the restaurant in writing indicating what, if any, remedial action the delivery firm will take in response to the claimed violation. If the remedial action includes reimbursement of any fees or other amount, reimbursement shall be made to the restaurant within 30 days after the delivery firm’s written response. (b) Civil Action. A restaurant may pursue all remedies available to the restaurant in superior court or otherwise if the restaurant gives the written notice required by section 5(a) and either (i) the delivery firm fails to timely respond to the notice, or (ii) the restaurant is dissatisfied with the delivery firm’s response. Section 5. Severability. If any provision or clause of this ordinance or the application thereof to any person or circumstance 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 6. 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. RECOMMENDATION(S): CONSIDER whether to adopt Ordinance No. 2021-04, an urgency ordinance continuing a temporary prohibition on certain evictions of residential tenants and of small-business commercial tenants impacted by the COVID-19 pandemic, and related matters. FISCAL IMPACT: None. BACKGROUND: This ordinance would continue a temporary prohibition on certain evictions of residential tenants and continue a moratorium on certain residential rent increases through a date to be determined by the Board, and would continue a temporary prohibition on certain evictions of small-business commercial tenants through March 31, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District 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: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Monica Nino, 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:February 2, 2021 Contra Costa County Subject:Urgency ordinance continuing certain residential and commercial evictions. BACKGROUND: (CONT'D) Prohibition on Residential Evictions and Rent Moratorium On August 31, 2020, the governor signed Assembly Bill 3088, the COVID-19 Tenant Relief Act of 2020 (the Act). The Act provides eviction protections for residential tenants, including mobilehome tenants, who are experiencing a financial hardship related to COVID-19. The Act prohibits residential tenants from being evicted for failure to pay rent because of a COVID-19-related hardship, as long as the tenant provides the landlord with a written declaration of hardship. Under the Act, residential tenants who experienced a new COVID-19-related hardship between September 1, 2020, and January 31, 2021, were also protected from eviction through this date as long as they paid 25 percent of the rent due by January 31, 2021. Passed on January 28, 2021, Senate Bill 91 extends the protections of the Act through June 30, 2021. A fact sheet on SB 91 prepared by Nielsen Merksamer, County lobbyists, is attached. The Act also 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. As authorized by the Act, the attached urgency ordinance would prohibit a landlord from terminating a residential tenancy for a "no-fault" reason, and prohibit 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. The attached urgency ordinance would also prohibit a landlord from increasing rent on a residential real property, subject to specified exceptions. At the Board's discretion, the residential eviction protections and residential rent moratorium can be extended. Prohibition on Small-Business Commercial Evictions On September 23, 2020, the governor issued Executive Order N-80-20, which authorizes 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. The executive order authorizes local jurisdictions to suspend these evictions through March 31, 2021. As of last week, the Governor had not extended the March 31 date. On November 17, 2020, the Board adopted Ordinance No. 2020-29, which prohibits a landlord of a small business commercial property 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 must provide documentation showing loss of income or out-of-pocket medical expenses. In addition, 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. These protections lasted through January 31, 2021. The ordinance also established a grace period for 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. As authorized by Executive Order N-80-20, the attached ordinance would extend the protections of Ordinance No. 2020-29 for small business commercial tenants through March 31, 2021, and would extend the grace period for rent repayment for two months, through May 31, 2021. The attached ordinance would be retroactive to February 1, 2021. CLERK'S ADDENDUM Speakers:Melvin Willis; Marianna Moore; Mayor Kevin Wilkes; Katherine Wally, Walnut Creek, No Name Given; Christine Laughlin; Hector, ACCE; Writen commentary received from Jonathan Hawes (attached). AGENDA ATTACHMENTS DRAFT Ordinance No. 2021-04 SB 91 Fact Sheet MINUTES ATTACHMENTS Signed Ordinance No. 2021-04 Correspondence Received ORDINANCE NO. 2021-04 DRAFT Page 1 ORDINANCE NO. 2021-04 DRAFT AN URGENCY ORDINANCE CONTINUING A TEMPORARY PROHIBITION ON CERTAIN EVICTIONS OF RESIDENTIAL AND COMMERCIAL TENANTS IN CONTRA COSTA COUNTY IMPACTED BY THE COVID-19 PANDEMIC AND CONTINUING 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. 2021-04 DRAFT 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. On December 6, 2020, the County Health Officer and some other Bay Area health officers implemented, in advance of State requirements, the Regional Stay at Home Order issued by the California State Health Officer. The State implemented the Regional Stay at Home Order on December 17, 2020, and lifted the order on January 25, 2021. The County is currently in the purple tier of the State’s Blueprint for a Safer Economy. 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). The Act extends eviction protections for residential tenants, including mobilehome tenants, who are experiencing a financial hardship related to COVID-19. ORDINANCE NO. 2021-04 DRAFT Page 3 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, 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. Senate Bill 91 extends the protections of the Act through June 30, 2021. T. 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. U. 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. V. Contra Costa County and the cities within the County are also experiencing a housing affordability crisis, which is driving homelessness and displacement of residents. W. 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. X. 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. Y. 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. Z. 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. AA. 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. ORDINANCE NO. 2021-04 DRAFT Page 4 BB. 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. CC. On November 17, 2020, the Board adopted Ordinance No. 2020-29, which continued, through January 31, 2021, the prohibitions on specified residential and commercial evictions that were included in Ordinance Nos. 2020-25 and 2020-26. DD. As authorized by the Act, this ordinance extends the residential eviction protections in Ordinance No. 2020-29 through ______________. The Board finds, pursuant to Civil Code section 1946.2 and Code of Civil Procedure section 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. EE. As authorized by Executive Order N-80-20, this ordinance also extends the small- business eviction protections in Ordinance No. 2020-29 through March 31, 2021. FF. This ordinance is retroactive to February 1, 2021. 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). ORDINANCE NO. 2021-04 DRAFT Page 5 (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 _____________, a landlord shall not terminate a residential tenancy for any no fault cause for eviction. (b) Through _____________, 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: (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 March 31, 2021, 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 ORDINANCE NO. 2021-04 DRAFT Page 6 (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. (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 March 31, 2021, 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 May 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. ORDINANCE NO. 2021-04 DRAFT Page 7 Section 5. Moratorium on Residential Rent Increases. (a) A landlord may not increase rent on a residential real property through ___________. (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. (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. 2020-29 and is retroactive to February 1, 2021. 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. Ordinance No. 2020-29 applies to eviction notices, and unlawful detainer actions based on those notices, served or filed between November 17, 2020, and January 31, 2021. ORDINANCE NO. 2021-04 DRAFT Page 8 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. 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 ______________, 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 February 2, 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: MONICA NINO, ____________________________ Clerk of the Board of Supervisors Board Chair and County Administrator By: _________________________ [SEAL] Deputy H:\2021\Covid 19\evictions\urgency ordinance - sixth continuation of eviction moratorium - draft.docx SB 91 Fact Sheet Extends Nation’s Strongest COVID-19 Tenant Eviction Protections Until June 30, 2021 • Extends tenant, landlord, and homeowner protections under AB 3088 (Chiu, Caballero, et.al) until June 30, 2021, including the current requirement that tenants pay 25% per month by the end of the moratorium – June 30, 2021. • Extends the dates around statewide uniformity/preemption rules until June 30, 2021. $2.6 billion for Californians to Pay Off Unpaid Rental Debt • Allocates federal stimulus relief to landlords and tenants through a statewide model. • Pays up to a year of unpaid arrears (April 2020 through March 2021) and allows up to three months of future rent payments (April 2021 through June 2021), depending on availability of funds. • Prioritizes households with highest need, targeting households with less than 80% area median income (AMI) with special focus on households below 50% AMI and households experiencing unemployment for at least 90 days. Strong Incentives for Landlords and Tenants to Mutually Participate in Obtaining Assistance • Offers participating landlords 80% of a tenant’s rental arrears as long as the landlord forgives the remaining 20%. • Offers tenants a 25% payment for landlords who decline to participate in order to secure monthly rental payment eviction protection. • Preserves 25% prospective rental payments after accounting for unpaid arrears. • Allows courts to reduce a COVID-19 rental debt damages if a landlord refused to participate in the rental assistance program with an qualified tenant. Significant Financial COVID-19 Protections for Tenants • Prohibits a landlord from applying a tenant’s security deposit to satisfy COVID-19 rental debt. • Prohibits a landlord from charging late fees on the repayment of COVID-19 rental debt. • Imposes a moratorium on a landlord’s ability to sell or assign COVID-19 rental debt until June 30, 2021. • Prohibits a landlord from selling or assigning COVID-19 rental debt of a tenant who qualified for the rental assistance program and is below 80% AMI. Robust Legal COVID-19 Protections for Tenants • Imposes a moratorium on legal actions seeking to recover COVID-19 rental debt until July 1, 2021. • Requires a landlord seeking to recover COVID-19 rental debt to provide documentation that the landlord has made a good faith effort to cooperate with a tenant who qualifies for the rental assistance program. • Allows a court to limit attorney’s fees in COVID-19 rental debt cases. • Prohibits a housing provider from using COVID-19 rental debt as a negative factor in evaluating a tenant’s rent a unit. How much federal funding will California receive? • The federal stimulus bill provided $25 billion nationally and California has been allocated $2.61 billion. o $1.1 billion direct federal allocation to large cities and counties over 200,000 in population. o $1.5 billion administered by the state. • The state share of federal funding ($1.5 billion) will be allocated based on population. • Provides a $150 million set aside for smaller counties with less than 200,000 in population). • Remaining funds distributed to large cities and counties with over 200,000 in population. Who is eligible to receive this assistance? • Pursuant to federal law, income must be below 80% AMI based on total household income for calendar year 2020 or a household’s monthly income at the time of application. • Prioritization given to households 1) below 50% AMI or 2) where they have been unemployed for the 90-day period prior to application. • The statewide model will utilize rounds to prioritize those who need the assistance most: o Round 1: Below 50% AMI or unemployed for 90 days. o Round 2: Income below 80% AMI and in a community disproportionately impacted by COVID-19. o Round 3: Everyone below 80% AMI not addressed in round 1 or 2 above. What can the assistance be used for? • Prioritization will be given to rental arreages. Prospective rent and utility arreages can be addressed thereafter. o Utilities include electricity, gas, water and sewer, trash removal and energy costs, such as fuel oil. How will funds be distributed? • The state will administer funds reserved for smaller counties and larger cities and counties that that participate in the statewide program. • A contracted entity will utilize a technology platform to quickly facilitate funds with landlord and tenant coordination and fraud controls. • Utilizing local community partners, the contracted entity must have multilingual capabilities and the capacity allow landlords and tenants to track their applications. • The platform is similar to the model used by the Governor’s Office of Economic Development’s Small Business Grant Program. • State applications must be available no later than March 15, 2021. • Local governments with a population over 200,000 that received a direct share of federal dollars and apply for a state block grant can administer their own local program. How will tenants be notified about this program? • In addition to educational outreach through local community partners, the bill requires landlords to provide tenants who owe back-rent a notice about the rental assistance program. How does the application and funding work? • Federal law authorizes landlords to apply in coordination with a tenant. • The contracted entity that operates the statewide program will maintain communication between the landlord and the tenant. • As required by federal law, funds are provided directly to the landlord to be applied to a tenant’s unpaid rent. Upon payment, the program will provide payment documentation to the tenant. Where can we direct tenants, landlords, or other constituents once this program is up and running? • Please visit http://housingiskey.com or call the California Housing is Key COVID-19 Assistance Line at 1-833-422-4255 for more information. Are undocumented individuals eligible for assistance? • Yes. Based on conversations we have had with the National Low-Income Housing Project, the rental assistance is available to individuals regardless of citizenship or immigration status. We are waiting for the new federal Administration to issue additional guidance on eligibility. ORDINANCE NO. 2021-04 Page 1 ORDINANCE NO. 2021-04 AN URGENCY ORDINANCE CONTINUING A TEMPORARY PROHIBITION ON CERTAIN EVICTIONS OF RESIDENTIAL AND COMMERCIAL TENANTS IN CONTRA COSTA COUNTY IMPACTED BY THE COVID-19 PANDEMIC AND CONTINUING 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. 2021-04 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. On December 6, 2020, the County Health Officer and some other Bay Area health officers implemented, in advance of State requirements, the Regional Stay at Home Order issued by the California State Health Officer. The State implemented the Regional Stay at Home Order on December 17, 2020, and lifted the order on January 25, 2021. The County is currently in the purple tier of the State’s Blueprint for a Safer Economy. 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). The Act extends eviction protections for residential tenants, including mobilehome tenants, who are experiencing a financial hardship related to COVID-19. ORDINANCE NO. 2021-04 Page 3 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, 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. Senate Bill 91 extends the protections of the Act through June 30, 2021. T. 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. U. 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. V. Contra Costa County and the cities within the County are also experiencing a housing affordability crisis, which is driving homelessness and displacement of residents. W. 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. X. 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. Y. 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. Z. 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. AA. 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. ORDINANCE NO. 2021-04 Page 4 BB. 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. CC. On November 17, 2020, the Board adopted Ordinance No. 2020-29, which continued, through January 31, 2021, the prohibitions on specified residential and commercial evictions that were included in Ordinance Nos. 2020-25 and 2020-26. DD. As authorized by the Act, this ordinance extends the residential eviction protections in Ordinance No. 2020-29 through June 30, 2021. The Board finds, pursuant to Civil Code section 1946.2 and Code of Civil Procedure section 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. EE. As authorized by Executive Order N-80-20, this ordinance also extends the small- business eviction protections in Ordinance No. 2020-29 through March 31, 2021. FF. This ordinance is retroactive to February 1, 2021. 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). ORDINANCE NO. 2021-04 Page 5 (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 June 30, 2021, a landlord shall not terminate a residential tenancy for any no fault cause for eviction. (b) Through June 30, 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: (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 March 31, 2021, 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 ORDINANCE NO. 2021-04 Page 6 (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. (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 March 31, 2021, 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 May 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. ORDINANCE NO. 2021-04 Page 7 Section 5. Moratorium on Residential Rent Increases. (a) A landlord may not increase rent on a residential real property through June 30, 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. (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. 2020-29 and is retroactive to February 1, 2021. 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. Ordinance No. 2020-29 applies to eviction notices, and unlawful detainer actions based on those notices, served or filed between November 17, 2020, and January 31, 2021. 1 June McHuen From:Clerk of the Board Sent:Tuesday, February 2, 2021 4:42 PM To:June McHuen Subject:FW: Agenda Item # D.6     Stacey M. Boyd Deputy Clerk Clerk of the Board 1025 Escobar St., 1st Floor Martinez, CA 94553 (925)655-2002 (Desk) (925)655-2000 (Office)   From: Doug Johnson <rdj2003@sbcglobal.net>   Sent: Tuesday, February 2, 2021 2:27 PM  To: Clerk of the Board <ClerkOfTheBoard@cob.cccounty.us>  Subject: Agenda Item # D.6    February 2, 2021 Contra Costa County Board of Supervisors Meeting Agenda Item # D.6 WMA STATEMENT Good Afternoon Supervisors: This is Doug Johnson with the Western Manufactured Housing Communities Association. WMA represents the owners and operators of mobilehome parks throughout California. We respectfully oppose another countywide ban on all space rent increases in Contra Costa County’s mobilehome communities. The vast majority of mobilehome park space rents have been paid in full and on time throughout the Covid-19 crisis. For those residents who have experienced financial difficulties, parkowners have and continue to development fair and reasonable repayments plans. Parkowners are doing everything they can to help keep their residents safe and in their homes. They should not be punished by the continuation of yet another rent increase moratorium. Thank you for your consideration.         DOUG JOHNSON Senior Regional Representative Local Government & Public Affairs WESTERN MANUFACTURED HOUSING COMMUNITIES ASSOCIATION Northern California & Bay Area Regional Office 1667 Columbus Road West Sacramento, CA 95691-4902 (916) 374-2702 Office (916) 374-2703 Facsimile rdj2003@sbcglobal.net Email www.wma.org Website 2 WMA — Advancing and Protecting the Manufactured Housing Industry since 1945     RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a Memorandum of Understanding (MOU) with the City of San Ramon (City) to participate in the San Ramon Valley Street Smarts Program (Street Smarts Program), and to pay the City $10,000 for the County's share of program costs, during the period July 1, 2020 to June 30, 2021, as recommended by the Public Works Director, San Ramon area. (District II) FISCAL IMPACT: The County will incur labor costs for staff to attend program meetings.(90% Livable Communities Trust Funds and 10% Local Road Funds) BACKGROUND: The Street Smarts Program is a collaborative effort among the County Public Works Department, the City of San Ramon, the Town of Danville, the San Ramon Valley Unified School District, and the San Ramon Valley Fire Protection District to support traffic, bicyclist and pedestrian safety for school children. It supports goal five of the Smart Growth Action Plan to help fund transit and other transportation improvements that foster smart growth principles. The County has participated in this program since 2004 by funding a share of the costs to implement the program. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Monish Sen, 925.313.2187 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 1 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 2, 2021 Contra Costa County Subject:MOU with City of San Ramon to participate in the San Ramon Valley Street Smarts Program, San Ramon area. BACKGROUND: (CONT'D) During Fiscal Year 2020/21, the City is administering the program and is requesting that the County fund a total of $10,000 for administrative support services. The Public Works Director, or designee, will execute on behalf of the County, a MOU with the City to participate in the Street Smarts Program for the period of July 1, 2020 through June 30, 2021. The MOU is attached in its substantially final form and will be executed in a form approved by County Counsel. The Street Smarts Program campaign is implemented through the collaborative effort of the Street Smarts Advisory Committee (Advisory Committee), which meets periodically to implement program components. The Advisory Committee has adopted several large-scale programs to be implemented. They include the following: 1. Street Smarts Media Annual Press Release: An annual press release will be sent out at the beginning of the program year outlining the upcoming Street Smarts Program. The release will encourage members of the media and the public to learn about Street Smarts' traffic safety education activities for the upcoming school year. 2. Traffic Safety Assemblies: Street Smarts devised an elementary and middle school assembly designed to teach students the basics of pedestrian and bicycle safety. For the 2020/21 school year, a monthly contest is offered for students to have the opportunity to learn about Traffic Safety through short, interactive, and entertaining online bike and pedestrian themes. 3. Bike Rodeos/Festival: As a component of Street Smarts' Safe Routes to School Efforts, bike rodeos are an after-school activity that allows elementary school students to practice their cycling and traffic safety skills in a controlled, supervised environment. Bike Rodeo instructional packets have been designed and are available to PTA Presidents. 4. Community Outreach Efforts: Street Smarts staff attends over two dozen community events as part of its outreach efforts. At the events, Street Smarts representatives staff an informational booth with traffic safety educational program materials and activities for children and teen drivers. The Street Smarts Program advances traffic, bicyclist, and pedestrian safety within the San Ramon Valley. For these reasons, Supervisor Andersen recommends that the Board of Supervisors approve continuing participation in the program during Fiscal Year 2020/21, and allocating an award of $10,000 for program support and administrative services. CONSEQUENCE OF NEGATIVE ACTION: Contra Costa County will no longer be a participant in the Street Smarts Program. CHILDREN'S IMPACT STATEMENT: The Street Smarts Program supports Outcome 5: Communities are Safe and Provide a High Quality of Life for Children and Families. ATTACHMENTS MOU CITY OF SAN RAMON 2401 CROW CANYON ROAD SAN RAMON, CALIFORNIA 94583 WEB SITE: WWW.SANRAMON.CA.GOV City Council: 973-2530 City Clerk: 973-2539 Engineering Services: 973-2670 Planning Services: 973-2560 Transportation Services: 973-2650 City Manager: 973-2530 Building & Safety Services: 973-2580 Finance Division: 973-2609 Police Services: 973-2700 City Attorney: 973-2549 Employee Services: 973-2500 Parks & Community Services: 973-3200 Public Services: 973-2800 December 1, 2020 Brian Balbas Public Works Director Contra Costa County Public Works Department 255 Glacier Drive Martinez, CA 94553 RE: Memorandum of Understanding – 2020/2021 Street Smarts Program Program Development Dear Mr. Balbas: The City of San Ramon (“City”) is pleased to continue to partner with Contra Costa County (“County”) in the implementation of programs, such as the Street Smarts Program, that are of importance to the San Ramon Valley and on issues, which do not recognize political boundaries. This Memorandum of Understanding (MOU) outlines the apportionment of duties and responsibilities between the City and County regarding the provisions of the Street Smarts Program development, materials, and administrative staffing services for the 2020/2021 Program Year. 1. Program Background The Street Smarts Program is a traffic safety public education campaign that is implemented valley- wide through the collaborative efforts of the City of San Ramon, Town of Danville, Contra Costa County, San Ramon Valley Unified School District, and the San Ramon Valley Fire Protection District. The Program is funded and directed by the five primary public agencies listed above with additional funds provided by private sponsors, including the San Ramon Valley Council of PTAs. The federal Safe Routes to School Program will fund significant components of the Street Smarts efforts during the 2020/2021 Program Year. On an annual basis, each of the five public agencies appropriate funds for Program development, materials, and administrative costs. This MOU outlines the provisions of Program development, materials, and Program administrative services to the County, by the City, for the 2020/2021 Program Year. 2 2. Responsibilities of the City and the County A. The City shall: a. Program staffing services within unincorporated Contra Costa County (in the geographic area known as the San Ramon Valley and as defined by the San Ramon Valley Unified School District). b. Continue to participate in the Street Smarts Advisory Committee and contribute staff time towards the ongoing implementation of the Program. B. The County shall: a. Contribute Ten Thousand Dollars ($10,000.00) in funds to the City of San Ramon for its share of the Program’s general support costs for the 2020/2021 Program Year. b. Continue to participate in the Street Smarts Program Advisory Committee and contribute staff time towards the ongoing implementation of the Program during the 2020/2021 Program Year. 3. Unsanctioned Programs A public agency partner may choose to conduct programs or activities within their jurisdiction using the Street Smarts brand. These are known as Unsanctioned Programs and are individual agencies’ efforts to promote Traffic Safety Education or enhance the Street Smarts brand beyond those identified in the 2020/2021Work Plan. Examples of Unsanctioned Programs include the Town of Danville’s efforts to include the Street Smarts logo on Traffic Safety Education pamphlets at schools or the City of San Ramon’s Safe Routes to School My Beat / My School Officer Program. All financial and human resources used to implement Unsanctioned Programs must be borne by the sponsoring agency. The Valley-wide Street Smarts Program budget and other resources shall not be used. 4. Modifications The Program Work Plan may be augmented at any time during the Program year, subject to the review and agreement of both parties. All Work Plan modifications shall be documented in writing and shall be executed with an amended MOU. 5. Termination This MOU is in effect beginning July 1, 2020 and ending June 30, 2021. 6. Renewal 3 This MOU may be renewed beyond this Program Year, subject to the review and agreement of both parties. All MOU renewals shall be documented in writing and shall be executed with an amended MOU. If you agree to the terms and conditions above, please execute this MOU on both originals to indicate your acceptance and return one original for our files. We look forward to continuing our collaboration on programs of regional significance. Please do not hesitate to contact Lisa Bobadilla, Division Manager, at (925) 973-2651 if you have any questions. X X Maria Fierner Brian Balbas Public Works Director City of San Ramon Public Works Director Contra Costa County Date: _____________________________ Date: _____________________________ RECOMMENDATION(S): APPROVE and AUTHORIZE the Assignment of two Utility Easements on behalf of Contra Costa County (County) to the Bay Area Infrastructure Financing Authority (BAIFA) over right of way described within the boundaries of Parcel 63538-1 and 63539-1, in connection with the I-680 North Express Lanes Project, and FIND that the utility easements are not required for County use, pursuant to Government Code Section 25365. (Project No. 4660-6X4172 – [CP#16-47 – SCH#2013102020]). AUTHORIZE the Chair, Board of Supervisors, to execute on behalf of the County, said Assignment of Easements. DIRECT the Real Estate Division of the Public Works Department to deliver a certified copy of this Board Order with the Assignment of Easements to BAIFA for acceptance and recording in the office of the County Clerk-Recorder. FISCAL IMPACT: 100% Contra Costa Transportation Authority Funds. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jewel Lopez, 925. 957-2485 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 2 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 2, 2021 Contra Costa County Subject:APPROVE Assignment of Utility Easements to the Bay Area Infrastructure Financing Authority in connection with the I-680 North Express Lanes Project. BACKGROUND: The County acquired property rights in connection with the I-680 North Express Lanes Project on behalf of the Contra Costa Transportation Authority (CCTA). CCTA does not have the ability to hold title. In order for the easements described within the boundaries of 63538-1 and 63539-1 to be properly maintained, it is necessary for the County to assign said easement rights to BAIFA. The Notice of Intent to assign the utility easements to BAIFA was published in the Contra Costa Times at least one week prior to this Board meeting, as required by Government Code Sections 6061 and 25365. CONSEQUENCE OF NEGATIVE ACTION: BAIFA will not have the necessary rights to properly maintain and repair the above described easements, that are part of the high occupancy vehicle express lanes off of I-680, and the County will continue to hold and be responsible for these rights unnecessarily. ATTACHMENTS Assignment of Utility Easements RECOMMENDATION(S): ADOPT Traffic Resolution No. 2021/5001 to prohibit stopping, standing, or parking at all times on the south side of Boulevard Way (Road No. 3851D), beginning at the west curb line prolongation of Saranap Avenue (Road No. 3744L) and extending easterly a distance of 50 feet, as recommended by the Public Works Director, Walnut Creek area. (District II) FISCAL IMPACT: No fiscal impact. BACKGROUND: Over a short timeframe, two residents expressed concern related to visibility issues and driver behavior at the crosswalk at the intersection of Boulevard Way and Saranap Avenue. Traffic Engineering staff responded by researching collision history and conducting a site visit soon afterwards. Although researching collisions did not reveal a pattern of collisions, visual observation and measurement did indicate that a limited implementation of prohibited parking on a section of Boulevard Way would likely improve stopping distance/sight lines for both vehicles traveling eastbound and for pedestrians seeking to enter the crosswalk traveling north. Therefore, Public Works recommends adoption of this parking restriction. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Monish Sen, 925.313.2187 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 3 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 2, 2021 Contra Costa County Subject:Prohibit stopping, standing, or parking at all times on a portion of Boulevard Way (Road No. 3851D), Walnut Creek area. CONSEQUENCE OF NEGATIVE ACTION: Parking will remain unrestricted at this location. AGENDA ATTACHMENTS Traffic Resolution 2021/5001 MINUTES ATTACHMENTS Signed: Traffic Resolution 2021/5001 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Traffic Resolution on February 2, 2021 by the following vote: AYES: NOES: ABSENT: TRAFFIC RESOLUTION NO. 2021/5001 ABSTAIN: Supervisorial District II SUBJECT: Prohibit stopping, standing, or parking at all times on a portion of Boulevard Way (Road No. 3851D), Walnut Creek area. The Contra Costa Board of Supervisors RESOLVES that: Based on recommendations by the County Public Works Department's Transportation Engineering Division, and pursuant to County Ordinance Code Sections 46-2.002 - 46-2.012, the following traffic regulation is established: Pursuant to Section 22507 of the California Vehicle Code, stopping, standing, or parking is hereby declared to be prohibited at all times on the south side of Boulevard Way (Road No. 3851D), Walnut Creek area, beginning at the west curb line prolongation of Saranap Avenue (Road No. 3744L) and extending easterly a distance of 50 feet. MS:sr Orig. Dept: Public Works (Traffic) Contact: Monish Sen, 313-2187 cc: California Highway Patrol Sheriff Department TRAFFIC RESOLUTION NO. 2021/5001 I hereby certify that this is a true and correct Copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: Monica Nino, Clerk of the Board of Supervisors and County Administrator By , Deputy RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract (Consulting Services Agreement) with MNS Engineers, Inc. (MNS), in an amount not to exceed $590,000, for construction management services for the Bailey Road/SR4 Interchange Pedestrian & Bicycle Improvement Project (Project), for the period of February 2, 2021 through June 30, 2022, in the Bay Point area. County Project No.: 0662-6R4121, Federal Project No.: ATPL 5928(136) (District V) FISCAL IMPACT: This project, including this Consulting Services Agreement, will be funded by 79.2% Active Transportation Program Funds, 20.8% Local Road Funds. BACKGROUND: The Project consists of constructing a retaining wall, widening the State Route 4 (SR4) westbound diagonal off-ramp, installation and modification of traffic signals, removal of the SR4 westbound loop off-ramp, storm drain modifications, and installation of sidewalk along Bailey Road. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: Kevin Emigh, 925.313.2233 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: C. 4 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 2, 2021 Contra Costa County Subject:Consulting Services Agreement with MNS Engineers, Inc., Bay Point area. BACKGROUND: (CONT'D) MNS was selected to provide construction management services for the Project after completing a request for proposal solicitation and technical proposal process. Construction management services for the Project includes full-time inspection, quality assurance materials testing, quality assurance surveying, extensive coordination with project stakeholders including Caltrans, Contra Costa Water District, and City of Pittsburg, and in-field decision making to ensure the Project is built per plans and specifications and meets County and Caltrans Standards. Construction management services also include recording daily activity and equipment on-site and maintaining required project documentation. Public Works has successfully negotiated with MNS to provide the construction management services. CONSEQUENCE OF NEGATIVE ACTION: Without Board of Supervisors’ approval, this Consulting Services Agreement will not be in effect. A delay in construction of the Project will occur, ultimately delaying the completion of the Project. Project delay may also result in substantial additional project costs and jeopardize the funding. CLERK'S ADDENDUM RELISTED to a future date uncertain. RECOMMENDATION(S): ADOPT Resolution No. 2021/42 accepting as complete the contracted work performed by FBD Vanguard Construction, Inc., for the San Pablo Dam Road Traffic Safety Improvements Project, as recommended by the Public Works Director, Orinda and Richmond areas. County Project No. 0662-6R4151, Federal Project No. HSIPL-5928 (142) (District I) FISCAL IMPACT: The Project was funded by 65% Highway Safety Improvement Program Grant Funds and 35% Local Road Funds. BACKGROUND: The Public Works Director reports that said work has been inspected and complies with the approved plans, special provisions and standard specifications and recommends its acceptance as complete as of January 7, 2021. CONSEQUENCE OF NEGATIVE ACTION: The contractor will not be paid and acceptance notification will not be recorded. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kevin Emigh, 925.313.2233 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 5 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 2, 2021 Contra Costa County Subject:Notice of Completion for the San Pablo Dam Road Traffic Safety Improvements Project, Orinda and Richmond areas. AGENDA ATTACHMENTS Resolution No. 2021/42 MINUTES ATTACHMENTS Signed: Resolution No. 2021/42 Recorded at the request of:Clerk of the Board Return To:Public Works Dept., Design/Construction Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/02/2021 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorDiane Burgis, District III SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/42 The Board of Supervisors RESOLVES that: Owner (sole): Contra Costa County, 255 Glacier Drive, Martinez, CA 94553 Nature of Stated Owner: fee and/or easement Project No.: 0662-6R4151, Federal Project No. HSIPL-5928 (142) Project Name: San Pablo Dam Road Traffic Safety Improvements Project Date of Work Completion: January 7, 2021. Description : Contra Costa County on March 31, 2020, contracted with FBD Vanguard Construction, Inc., for the work generally consisting of installing a centerline rumble strip and channelizers between the city limits of the City of Richmond and the city limits of the City of Orinda, reconstructing median islands, replacing roadside signs to meet new retro-reflectivity standards, installation of speed feedback signs, partial slurry seal, removal and replacement of thermoplastic stripes and pavement markings, and restriping for a bike lane at two intersections of San Pablo Dam Road and Old San Pablo Dam Road, all in accordance with the plans, drawings, special provisions and/or specifications prepared by or for the Public Works Director and in accordance with the accepted bid proposal. The project was located in the Orinda and Richmond area, with Travelers Casualty and Surety Company of America, as surety, for work to be performed on the grounds of the County; and The Public Works Director reports that said work has been inspected and complies with the approved plans, special provisions and standard specifications and recommends its acceptance as complete as of January 7, 2021. Identification of real property : Orinda and Richmond area: San Pablo Dam Road between the City limits of the City of Orinda and the City of Richmond. Fees: none Legal References : none Comments: none I hereby certify that this is a true and correct copy of an action taken and Contact: Kevin Emigh, 925.313.2233 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: RECOMMENDATION(S): APPROVE the 2021 Countywide Surface Treatment Project (Project) and AUTHORIZE the Public Works Director, or designee, to advertise the Project, Countywide. [County Project No. 0672-6U2151, DCD-CP# 20-32] (District(s)_I-V_). DETERMINE the Project is a California Environmental Quality Act (CEQA), Class 15301 (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. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sean O’Neil, (925) 313-2176 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Ave' Brown, Sean O'Neil C. 6 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 2, 2021 Contra Costa County Subject:APPROVE the 2021 Countywide Surface Treatment Project and take related actions under CEQA. FISCAL IMPACT: Estimated Project cost: $13,000,000. 100% Local Road Funds. BACKGROUND: The purpose of the project is to rehabilitate various roads throughout the County with slurry seal, chip seal, microsurface seal, cape seal, thin overlays, thick overlays, edge grinding, base and pavement failure repairs and reconstruction. The areas include Alamo, Clyde, El Sobrante-Rollingwood, North Concord and North Richmond. The project is anticipated to start in the summer of 2021 and will take 2 - 4 weeks at each location depending on the type of treatment. Mill and overlay and chip seal segments will require one-lane traffic closures; slurry seal segments will require half-day street closures; and one reconstruction on a residential street in El Sobrante will require closure for one day. Residents will be notified in advance of construction. No right-of-way issues are anticipated for this project, as all work will occur within the County road right-of-way. CONSEQUENCE OF NEGATIVE ACTION: County roads would not receive surface seals, overlays, or any reconstruction in 2021. ATTACHMENTS NOE FIGURE 1: Regional Location Map RECOMMENDATION(S): APPROVE the 2021 Countywide Curb Ramp Project (Project) and AUTHORIZE the Public Works Director, or designee, to advertise the Project, Countywide. [County Project No. 0662-6U4000, DCD-CP# 20-35] (District_I-V). DETERMINE the Project is a California Environmental Quality Act (CEQA), Class 15301 (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: $500,000. 100% Local Road Funds APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sean O’Neil, (925) 313-2176 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Ave' Brown, Sean O'Neil C. 7 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 2, 2021 Contra Costa County Subject:APPROVE the 2021 Countywide Curb Ramp Project and take related actions under CEQA. BACKGROUND: Curb ramps will be installed at multiple locations in N. Richmond, El Sobrante, Rollingwood, Alamo, Clyde, and unincorporated North Concord areas. Installation of curb ramps is required for compliance with Title II of the Americans with Disabilities Act (ADA). The project is triggered by the 2021 Countywide Surface Treatment Project in the same area scheduled for construction in the Summer of 2021. CONSEQUENCE OF NEGATIVE ACTION: Curb ramps will not be installed, and ADA regulations would not be met. ATTACHMENTS NOE 2021 Countywide Curb Ramp Project, Project No. 0662-6U4000, CP# 20-35 FIGURE 1: Regional Location Map RECOMMENDATION(S): ADOPT Resolution No. 2021/43 to APPROVE and AUTHORIZE the Public Works Director, or designee, to submit a 2021/2022 Transportation Development Act (TDA) Grant Application to the Metropolitan Transportation Commission in the total amount of $100,000 for the fiscal year 2021/2022 for the Bixler Road and Regatta Drive Intersection Improvements Project. APPROVE the Bixler Road and Regatta Drive Intersection Improvements Project and take related actions under the California Environmental Quality Act, and AUTHORIZE the Public Works Director, or designee, to advertise the Project. Discovery Bay area. [County Project No. WO1025, DCD-CP#21-01] (District III). DETERMINE the Project is a California Environmental Quality Act (CEQA), 15301 Class 1(c) Categorical Exemption, pursuant to Article 19, Section 15301 of the CEQA Guidelines, and DIRECT the Director of Conservation and Development to file a Notice of Exemption with the County Clerk, and APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District 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: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Ave' Brown C. 8 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 2, 2021 Contra Costa County Subject:APPROVE the Bixler Road and Regatta Drive Intersection Improvements Project and take related actions under the California Environmental Quality Act. RECOMMENDATION(S): (CONT'D) AUTHORIZE the Public Works Director, or designee, to arrange for payment of a $25 fee to Conservation and Development for processing, and a $50 fee to the County Clerk for filing the Notice of Exemption. FISCAL IMPACT: Estimated Project cost: $230,000. This project will be funded by approximately 56.5% Local Road Funds and 43.5% Transportation Development Act Funds. BACKGROUND: The purpose of this project is to improve pedestrian safety at the intersection of Bixler Road and Regatta Drive. There is currently a crosswalk at this intersection that connects residents from the west side of Bixler Road to access the post office and shopping center on the east side of Bixler Road. Bixler Road is a collector street that feeds directly into Highway 4 and experiences high speeds and a high volume of vehicular traffic during peak hours of travel. The project would provide infrastructure improvements such as Rectangular Rapid Flash Beacons (RRFBs) at each end of the pedestrian crosswalk and in the center median island, advanced road markings, a concrete median pedestrian refuge, and a 6-foot wide, 140-foot long Americans with Disabilities Act (ADA)-compliant concrete pedestrian path along the east side of Bixler Road. North of the intersection, striping and pavement markings will be applied to discourage motorists from traveling outside the designated travel lane. CONSEQUENCE OF NEGATIVE ACTION: CEQA clearance is a requirement for Transportation Development Act (TDA) grant eligibility. If TDA funding is not obtained this project will not be constructed. AGENDA ATTACHMENTS Resolution No. 2021/43 CEQA Attachments A & B for Resolution No. 2021/43 MINUTES ATTACHMENTS Signed: Resolution No. 2021/43 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/02/2021 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/43 IN THE MATTER OF approving and authorizing the Public Works Director, or designee, to submit a 2021/2022 Transportation Development Act (TDA) Grant Application to the Metropolitan Transportation Commission (MTC) in the total amount of $100,000 for Fiscal Year 2021/2022 for the Bixler Road and Regatta Drive Intersection Improvements Project. WHEREAS, Article 3 of the TDA, Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and WHEREAS, MTC, as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 4108, entitled “Transportation Development Act, Article 3, Pedestrian and Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and WHEREAS, MTC Resolution No. 4108 requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and WHEREAS, Contra Costa County desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists; NOW, THEREFORE, BE IT RESOLVED, that Contra Costa County declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code; BE IT FURTHER RESOLVED, that there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of Contra Costa County to carry out the project; BE IT FURTHER RESOLVED, that the project has been reviewed by the Bicycle Advisory Committee (BAC) of Contra Costa County; BE IT FURTHER RESOLVED, that Contra Costa County attests to the accuracy of and approves the statements in Attachment A to this resolution; BE IT FURTHER RESOLVED, that a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments, as the case may be, of Contra Costa County for submission to MTC as part of the countywide coordinated TDA Article 3 claim. 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: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Ave' Brown Antioch Richmond Concord Oakley Danville Pittsburg Hercules Orinda Pinole San Ramon Walnut CreekLafayette Martinez Brentwood Moraga Pleasant Hill ClaytonEl Cerrito San Pablo . 255 GLACIER DRIVE MARTINEZ, CALIFORNIA 94553 PH: (925) 313-2000 FAX: (925) 313-2333 PROJECT LOCATION MAP - CONTRA COSTA COUNTY Bixler Rd and Regatta Dr Intersection Improvements FEDERAL ID NO:DB: CB:DATE:AZ DEC 2020 1 1Page of JV Project Location Regatta Dr Bixler RdState Hwy 4 . 0 0.250.125 Miles 255 GLACIER DRIVE MARTINEZ, CALIFORNIA 94553 PH: (925) 313-2000 FAX: (925) 313-2333 PROJECT VICINITY MAP - CONTRA COSTA COUNTY Bixler Rd and Regatta Dr Intersection FEDERAL ID NO:DB: CB:AZ JV DATE: DEC 2020 1 1Page of ^ Proposed Project 16' 16'12'12'Advanced Warning Sign 6' Sidewalk 67'RRFB Advanced Warning Sign Narrow Travel Way Hatched Striping to RRFBRRFB Yield Marking Yield Sign Yield Sign Bixler RD Regatta DrPedestrian Refuge PRELIMINARY LAYOUT Bixler RD and Regatta Dr Intersection Intersection ImprovementsAlternative 1: 255 GLACIER DRIVE MARTINEZ, CALIFORNIA 94553 PH: (925) 313-2000 FAX: (925) 313-2333 1:50 on 11x17 SCALE: DB: AZ CB: JV NOV2019DATE:SHEET 1 OF 1 Edge of Pavement Existing Guardrail Existing Storm Drain Existing Earth Ditch DESCRIPTION LEGEND Proposed Sidewalk Existing Face of Curb Item Proposed Striping Utility Pole Proposed Signage Parcel Property Line Proposed RRFB RESOLUTION NO. 2021/43 ATTACHMENT A Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2021/2022 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding FINDINGS 1. That Contra Costa County is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is Contra Costa County legally impeded from undertaking the project(s) described in “Attachment B” of this resolution. 2. That Contra Costa County has committed adequate staffing resources to complete the project(s) described in Attachment B. 3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s). 4. Issues attendant to securing environmental and right of way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested. 5. That the project(s) described in Attachment B complies with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.). 6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s). 7. That the project(s) described in Attachment B are for capital construction and/or design engineering; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by Contra Costa County within the prior five fiscal years. 8. That the project(s) described in Attachment B is included in a locally approved bicycle, pedestrian, transit, multimodal, complete streets, or other relevant plan. 9. That any project described in Attachment B that is a bikeway meets the mandatory minimum safety design criteria published in Chapter 1000 of the California Highway Design Manual. 10. That the project(s) described in Attachment B will be completed before the funds expire. 11. That the Contra Costa County agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public. (Page 1 of 1) Resolution No. 2021/43 Attachment B TDA Article 3 Project Application Form Fiscal Year of this Claim: 2020/2021 Applicant: Contra Costa County Public Works Contact person: Jeff Valeros Mailing Address: 255 Glacier Drive, Martinez, CA 94553 E-Mail Address: jeff.valeros@pw.cccounty.us Telephone: 925-313-2031 Secondary Contact (in event primary not available): Alexander Zandian E-Mail Address: alexander.zandian@pw.cccounty.us Telephone: 925-313-2052 Short Title Description of Project: Bixler Rd and Regatta Dr. I ntersection Improvements Amount of claim: $ 100,000 Functional Description of Project: The purpose of this project is to improve pedestrian safety at the intersection of Bixler Road and Regatta Drive in unincorporated Discovery Bay by installing warning measures and improved infrastructure. Financial Plan: List the project elements for which TDA funding is being requested (e.g., planning, engineering, construction, contingency). Use the table below to show the project budget for the phase being funded or total project. Include prior and proposed future funding of the project. Planning funds may only be used for comprehensive bicycle and pedestrian plans. Project level planning is not an eligible use of TDA Article 3. Project Elements: Engineering and Construction Funding Source All Prior FYs Application FY Next FY Following FYs Totals TDA Article 3 $100,000 $100,000 list all other sources: 1. Local Funds $ 130,000 $ 130,000 2. 3. 4. Totals $ 230,000 $ 230,000 Project Eligibility: YES?/NO? A. Has the project been approved by the claimant's governing body? (If "NO," provide the approximate date approval is anticipated). February 2, 2021 PENDING B. Has this project previously received TDA Article 3 funding? If "YES," provide an explanation on a separate page. NO C. For "bikeways," does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the California Highway Design Manual? (Available on the internet via: http://www.dot.ca.gov). YES D. Has the project been reviewed by a Bicycle Advisory Committee (BAC)? (If "NO," provide an explanation). Enter date the project was reviewed by the BAC:____December 14, 2020____________________________ YES E. Has the public availability of the environmental compliance documentation for the project (pursuant to CEQA) been evidenced by the dated stamping of the document by the county clerk or county recorder? (required only for projects that include construction). PENDING F.Will the project be completed before the allocation expires? Enter the anticipated completion date of project (month and year) 12/2022 YES G. Have provisions been made by the claimant to maintain the project or facility, or has the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility provide its name: ) YES RECOMMENDATION(S): ADOPT Resolution No. 2021/44 to APPROVE and AUTHORIZE the Public Works Director, or designee, to submit a 2021/2022 Transportation Development Act (TDA) Grant Application to the Metropolitan Transportation Commission in the total amount of $100,000 for the fiscal year 2021/2022 for the 2022 Tara Hills Curb Ramp Project. APPROVE the 2022 Tara Hills Curb Ramp Project and take related actions under the California Environmental Quality Act, and AUTHORIZE the Public Works Director, or designee, to advertise the Project. San Pablo area. [County Project No. WO1025, DCD-CP#21-02] (District I). DETERMINE the Project is a California Environmental Quality Act (CEQA), Class 15301(c) Categorical Exemption, pursuant to Article 19, Section 15301(c) of the CEQA Guidelines, and DIRECT the Director 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 Conservation and Development for processing, and a $50 fee to the County Clerk for filing the Notice of Exemption. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Emma Burckert (925) 313-2161 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Ave' Brown C. 9 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 2, 2021 Contra Costa County Subject:APPROVE the 2022 Tara Hills Curb Ramp Project and take related actions under the California Environmental Quality Act. FISCAL IMPACT: Estimated Project cost: $390,000. This project will be funded approximately 75% Local Road Funds, 25% Transportation Development Act Funds. BACKGROUND: The purpose of this Project is to provide Americans with Disabilities Act (ADA) access to Tara Hills Elementary School to benefit the students, community, and mobility-impaired residents. The Project aims to install ADA curb ramps at various intersections along Shawn Drive leading to the southerly school entrance at Delmore Road, which is an extension of an adjacent ADA curb ramp project completed in 2020. Expanding on the previous project will achieve complete ADA continuity within the Tara Hills community. The Project will include installation of twelve ADA curb ramps with detectable warning surfaces and stop bars for vehicles, which will be set back to remove pedestrian conflict with vehicles. The Project is also considering installation of additional ADA curb ramps throughout the Tara Hills community. CONSEQUENCE OF NEGATIVE ACTION: CEQA clearance is a requirement for Transportation Development Act (TDA) grant eligibility. If TDA funding is not obtained this project will not be constructed. AGENDA ATTACHMENTS Resolution No. 2021/44 CEQA Attachments A & B for Resolution No. 2021/44 MINUTES ATTACHMENTS Signed: Resolution No. 2021/44 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/02/2021 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/44 IN THE MATTER OF approving and authorizing the Public Works Director, or designee, to submit a 2021/2022 Transportation Development Act (TDA) Grant Application to the Metropolitan Transportation Commission (MTC) in the total amount of $100,000 for Fiscal Year 2021/2022 for the 2022 Tara Hills Curb Ramp Project. WHEREAS, Article 3 of the TDA, Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and WHEREAS, MTC, as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 4108, entitled “Transportation Development Act, Article 3, Pedestrian and Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and WHEREAS, MTC Resolution No. 4108 requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and WHEREAS, Contra Costa County desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists; NOW, THEREFORE, BE IT RESOLVED, that Contra Costa County declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code; BE IT FURTHER RESOLVED, that there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of Contra Costa County to carry out the project; BE IT FURTHER RESOLVED, that the project has been reviewed by the Bicycle Advisory Committee (BAC) of Contra Costa County; BE IT FURTHER RESOLVED, that Contra Costa County attests to the accuracy of and approves the statements in Attachment A to this resolution; BE IT FURTHER RESOLVED, that a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments, as the case may be, of Contra Costa County for submission to MTC as part of the countywide coordinated TDA Article 3 claim. Contact: Emma Burckert (925) 313-2161 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Ave' Brown SHEET OF DATE: DB: CB: PROJECT LOCATION MAP 2022 Tara Hills Curb Ramp Project AP DEC 20 1 1 255 GLACIER DRIVE, MARTINEZ, CA 94553 PH: (925)313-2000 FAX: (925)313-2333 4 Bay Point JV SCALE: 255 GLACIER DRIVE MARTINEZ, CALIFORNIA 94553 PH: (925) 313-2000 FAX: (925) 313-2333 SITE PLAN SHEET: 1 OF 1FLANNERY RDMAHAN WY SHAWN DR SCHOOL ELEMENTARY TARA HILL DOLAN WAY DB: AP DATE: DECEMBER 2020 2022 TARA HILLS CURB RAMP PROJECT CB: JVADA CURB RAMP INSTALLATION ON VARIOUS TARA HILLS INTERSECTIONS PROPOSED LEGEND DESCRIPTION CURB RAMP CORNELIUS DRIVE TRALEE CT NTS 1 3 2 4 57 8 6 911 12 10 Delmo re Rd RESOLUTION NO. 2021/44 ATTACHMENT A Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2021/2022 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding FINDINGS 1. That Contra Costa County is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is Contra Costa County legally impeded from undertaking the project(s) described in “Attachment B” of this resolution. 2. That Contra Costa County has committed adequate staffing resources to complete the project(s) described in Attachment B. 3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s). 4. Issues attendant to securing environmental and right of way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested. 5. That the project(s) described in Attachment B complies with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.). 6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s). 7. That the project(s) described in Attachment B are for capital construction and/or design engineering; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by Contra Costa County within the prior five fiscal years. 8. That the project(s) described in Attachment B is included in a locally approved bicycle, pedestrian, transit, multimodal, complete streets, or other relevant plan. 9. That any project described in Attachment B that is a bikeway meets the mandatory minimum safety design criteria published in Chapter 1000 of the California Highway Design Manual. 10. That the project(s) described in Attachment B will be completed before the funds expire. 11. That the Contra Costa County agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public. (Page 1 of 1) Resolution No. 2021/44 Attachment B TDA Article 3 Project Application Form Fiscal Year of this Claim: 2021/2022 Applicant: Contra Costa County Public Works Contact person: Jeff Valeros Mailing Address: 255 Glacier Drive, Martinez, CA 94553 E-Mail Address: jeff.valeros@pw.cccounty.us Telephone: 925-313-2031 Secondary Contact (in event primary not available): Austin Pato E-Mail Address: austin.pato@pw.cccounty.us Telephone: 925-313-2378 Short Title Description of Project: 2022 Tara Hills Curb Ramp Project Amount of claim: $100,000 Functional Description of Project: The purpose of this project is to install ADA curb ramps with detectable warning surfaces on various intersections in the Tara Hills Community of West County. This project will expand on a previous curb ramp project that was completed within the same area. Financial Plan: List the project elements for which TDA funding is being requested (e.g., planning, engineering, and construction, contingency). Use the table below to show the project budget for the phase being funded or total project. Include prior and proposed future funding of the project. Planning funds may only be used for comprehensive bicycle and pedestrian plans. Project level planning is not an eligible use of TDA Article 3. Project Elements: Engineering and Construction Funding Source All Prior FYs Application FY Next FY Following FYs Totals TDA Article 3 $100,000 $100,000 list all other sources: 1. Local Funds $290,000 $290,000 2. Totals $390,000 $390,000 Project Eligibility: YES?/NO? A. Has the project been approved by the claimant's governing body? (If "NO," provide the approximate date approval is anticipated). February 2, 2021 PENDING B. Has this project previously received TDA Article 3 funding? If "YES," provide an explanation on a separate page. NO C. For "bikeways," does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the California Highway Design Manual? (Available on the internet via: http://www.dot.ca.gov). YES D. Has the project been reviewed by a Bicycle Advisory Committee (BAC)? (If "NO," provide an explanation). Enter date the project was reviewed by the BAC: December 14, 2020 YES E. Has the public availability of the environmental compliance documentation for the project (pursuant to CEQA) been evidenced by the dated stamping of the document by the county clerk or county recorder? (required only for projects that include construction). PENDING F. Will the project be completed before the allocation expires? Enter the anticipated completion date of project (month and year) 12/2023 YES G. Have provisions been made by the claimant to maintain the project or facility, or has the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility provide its name: ) YES RECOMMENDATION(S): ADOPT Resolution No. 2021/45 to APPROVE and AUTHORIZE the Public Works Director, or designee, to submit a 2021/2022 Transportation Development Act (TDA) Grant Application to the Metropolitan Transportation Commission in the total amount of $100,000 for the fiscal year 2021/2022 for the Iron Horse Trail Crossing Enhancements-Alamo Project. APPROVE the Iron Horse Trail Crossing Enhancements-Alamo Project and take related actions under the California Environmental Quality Act, and AUTHORIZE the Public Works Director, or designee, to advertise the Project. Alamo area. [County Project No. WO1025, DCD-CP#20-37] (District II). DETERMINE the Project is a California Environmental Quality Act (CEQA), 15301(c) Class 1(c) Categorical Exemption, pursuant to Article 19, Section 15301 of the CEQA Guidelines, and DIRECT the Director 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 Conservation and Development for processing, and a $50 fee to the County Clerk for filing the Notice of Exemption. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sean O'Neil (925) 313-2176 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Ave' Brown C. 10 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 2, 2021 Contra Costa County Subject:APPROVE the Iron Horse Trail Crossing Enhancements-Alamo Project and take related actions under the California Environmental Quality Act. FISCAL IMPACT: Estimated Project cost: $276,000. This project will be funded approximately 63.8% Local Road Funds, 36.2% Transportation Development Act Funds. BACKGROUND: The purpose of this project is to improve safety of trail users at street crossings of the Iron Horse Regional Trail in Alamo. Rectangular Rapid Flashing Beacons (RRFBs) with passive detection will be installed at Hillgrade Avenue and Las Trampas Road to replace the existing in-ground flashers that are not highly visible. The crossings at Stone Valley Road West and Hemme Avenue will enhance existing pedestrian button actuators by adding passive detection systems to activate the flasher systems already installed at these crossings. These measures will improve the safety of trail users by increasing visibility to vehicles and bicyclists on these roads. Yield lines will be painted on the pavement to indicate where vehicles are to stop to yield to trail users crossing the road. All trail crossing upgrades will be American Disability Act (ADA) compliant. CONSEQUENCE OF NEGATIVE ACTION: CEQA clearance is a requirement for Transportation Development Act (TDA) grant eligibility. If TDA funding is not obtained this project will not be constructed. AGENDA ATTACHMENTS Resolution No. 2021/45 CEQA Attachments A & B for Resolution No. 2021/45 MINUTES ATTACHMENTS Signed: Resolution No. 2021/45 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/02/2021 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/45 IN THE MATTER OF approving and authorizing the Public Works Director, or designee, to submit a 2021/2022 Transportation Development Act (TDA) Grant Application to the Metropolitan Transportation Commission (MTC) in the total amount of $100,000 for Fiscal Year 2021/2022 for the Iron Horse Trail Crossing Enhancements - Alamo. WHEREAS, Article 3 of the TDA, Public Utilities Code (PUC) Section 99200 et seq., authorizes the submission of claims to a regional transportation planning agency for the funding of projects exclusively for the benefit and/or use of pedestrians and bicyclists; and WHEREAS, MTC, as the regional transportation planning agency for the San Francisco Bay region, has adopted MTC Resolution No. 4108, entitled “Transportation Development Act, Article 3, Pedestrian and Bicycle Projects,” which delineates procedures and criteria for submission of requests for the allocation of “TDA Article 3” funding; and WHEREAS, MTC Resolution No. 4108 requires that requests for the allocation of TDA Article 3 funding be submitted as part of a single, countywide coordinated claim from each county in the San Francisco Bay region; and WHEREAS, Contra Costa County desires to submit a request to MTC for the allocation of TDA Article 3 funds to support the projects described in Attachment B to this resolution, which are for the exclusive benefit and/or use of pedestrians and/or bicyclists; NOW, THEREFORE, BE IT RESOLVED, that Contra Costa County declares it is eligible to request an allocation of TDA Article 3 funds pursuant to Section 99234 of the Public Utilities Code; BE IT FURTHER RESOLVED, that there is no pending or threatened litigation that might adversely affect the project or projects described in Attachment B to this resolution, or that might impair the ability of Contra Costa County to carry out the project; BE IT FURTHER RESOLVED, that the project has been reviewed by the Bicycle Advisory Committee (BAC) of Contra Costa County; BE IT FURTHER RESOLVED, that Contra Costa County attests to the accuracy of and approves the statements in Attachment A to this resolution; BE IT FURTHER RESOLVED, that a certified copy of this resolution and its attachments, and any accompanying supporting materials shall be forwarded to the congestion management agency, countywide transportation planning agency, or county association of governments, as the case may be, of Contra Costa County for submission to MTC as part of the countywide coordinated TDA Article 3 claim. Contact: Sean O'Neil (925) 313-2176 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Ave' Brown PROJECT SITESIron Horse Regional Trailcrossings at:Hillgrade AvenueStone Valley Road WestLas Trampas RoadHemme Avenue§¨¦680·|}þ24 ·|}þ242§¨¦680 Hercules Pinole San Pablo Pleasant Hill El Cerrito Orinda Moraga Oakley Martinez Martinez Concord Brentwood Danville Pittsburg Richmond Richmond Antioch WalnutCreek San Ramon San Ramon Lafayette 255 GLACIER DRIVE MARTINEZ, CALIFORNIA 94553 PH: (925) 313-2000 FAX: (925-313-2333 LOCATION MAP OF CONTRA COSTA COUNTYIron Horse TrailCrossing Enhancements - Alamo FEDERAL ID NO:DB: CB:DATE:ET DEC 2020 1 1 ± Page of JV Ir o n H o r s e T r a i l Hemme Avenue Las Trampas Road Stone Valley Road West Hillgrade Avenue So urces: Esri, HERE, G armin, Intermap, increment P Corp., G EBC O, USG S, FAO, NPS, NRCAN, GeoBa se , IG N, Kad aste r NL, Ordn ance Survey, Esri Japa n, METI, Esri China (Ho ng Ko ng), swisstopo , © Ope nStree tMap contribu to rs, and th e G IS User Community 255 GLACIER DRIVE MARTINEZ, CALIFORNIA 94553 PH: (925) 313-2000 FAX: (925) 313-2333 VICINITY MAPIron Horse TrailCrossing Enhancements - Alamo FEDERAL ID NO:DB: CB:DATE:ET DEC 2020 1 1 ± Page of JV 0 0.5 1 1.5 20.25 Miles RESOLUTION NO. 2021/45 ATTACHMENT A Re: Request to the Metropolitan Transportation Commission for the Allocation of Fiscal Year 2021/2022 Transportation Development Act Article 3 Pedestrian/Bicycle Project Funding FINDINGS 1. That Contra Costa County is not legally impeded from submitting a request to the Metropolitan Transportation Commission for the allocation of Transportation Development Act (TDA) Article 3 funds, nor is Contra Costa County legally impeded from undertaking the project(s) described in “Attachment B” of this resolution. 2. That Contra Costa County has committed adequate staffing resources to complete the project(s) described in Attachment B. 3. A review of the project(s) described in Attachment B has resulted in the consideration of all pertinent matters, including those related to environmental and right-of-way permits and clearances, attendant to the successful completion of the project(s). 4. Issues attendant to securing environmental and right of way permits and clearances for the projects described in Attachment B have been reviewed and will be concluded in a manner and on a schedule that will not jeopardize the deadline for the use of the TDA funds being requested. 5. That the project(s) described in Attachment B complies with the requirements of the California Environmental Quality Act (CEQA, Public Resources Code Sections 21000 et seq.). 6. That as portrayed in the budgetary description(s) of the project(s) in Attachment B, the sources of funding other than TDA are assured and adequate for completion of the project(s). 7. That the project(s) described in Attachment B are for capital construction and/or design engineering; and/or for the maintenance of a Class I bikeway which is closed to motorized traffic; and/or for the purposes of restriping Class II bicycle lanes; and/or for the development or support of a bicycle safety education program; and/or for the development of a comprehensive bicycle and/or pedestrian facilities plan, and an allocation of TDA Article 3 funding for such a plan has not been received by Contra Costa County within the prior five fiscal years. 8. That the project(s) described in Attachment B is included in a locally approved bicycle, pedestrian, transit, multimodal, complete streets, or other relevant plan. 9. That any project described in Attachment B that is a bikeway meets the mandatory minimum safety design criteria published in Chapter 1000 of the California Highway Design Manual. 10. That the project(s) described in Attachment B will be completed before the funds expire. 11. That the Contra Costa County agrees to maintain, or provide for the maintenance of, the project(s) and facilities described in Attachment B, for the benefit of and use by the public. (Page 1 of 1) RESOLUTION NO. 2021/45 Attachment B TDA Article 3 Project Application Form Fiscal Year of this Claim: 2021/2022 Applicant: Contra Costa County Public Works Contact person: Jeff Valeros Mailing Address: 255 Glacier Drive, Martinez, CA 94553 E-Mail Address: jeff.valeros@pw.cccounty.us Telephone: 925-313-2031 Secondary Contact (in event primary not available): Ed Turner E-Mail Address: ed.turner@pw.cccounty.us Telephone:925-313-2395 Short Title Description of Project: Iron Horse Trail Crossing Enhancements - Alamo Amount of claim: $100,000 Functional Description of Project: This project will replace in-ground flashers at two road crossings of the Iron Horse Trail. It will also install passive detection systems, detectable warning systems and yield striping at four road crossings of the Iron Horse Trail. Financial Plan: List the project elements for which TDA funding is being requested (e.g., planning, engineering, construction, contingency). Use the table below to show the project budget for the phase being funded or total project. Include prior and proposed future funding of the project. Planning funds may only be used for comprehensive bicycle and pedestrian plans. Project level planning is not an eligible use of TDA Article 3. Project Elements: Funding Source All Prior FYs Application FY Next FY Following FYs Totals TDA Article 3 $100,000 $100,000 list all other sources: 1. Local Funds $176,000 $176,000 2. Totals $276,000 $276,000 Project Eligibility: YES?/NO? A. Has the project been approved by the claimant's governing body? (If "NO," provide the approximate date approval is anticipated). February 9, 2021 PENDING B. Has this project previously received TDA Article 3 funding? If "YES," provide an explanation on a separate page. NO C. For "bikeways," does the project meet Caltrans minimum safety design criteria pursuant to Chapter 1000 of the California Highway Design Manual? (Available on the internet via: http://www.dot.ca.gov). YES D. Has the project been reviewed by a Bicycle Advisory Committee (BAC)? (If "NO," provide an explanation). Enter date the project was reviewed by the BAC: December 14, 2020 YES E. Has the public availability of the environmental compliance documentation for the project (pursuant to CEQA) been evidenced by the dated stamping of the document by the county clerk or county recorder? (required only for projects that include construction). PENDING F.Will the project be completed before the allocation expires? Enter the anticipated completion date of project (month and year) December 2023 YES G. Have provisions been made by the claimant to maintain the project or facility, or has the claimant arranged for such maintenance by another agency? (If an agency other than the Claimant is to maintain the facility provide its name: ) YES RECOMMENDATION(S): Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District, ADOPT Resolution No. 2021/33 accepting an offer of dedication for drainage purposes from Gonsalves & Santucci, Inc., in Assessor's Parcel No. 150-250-019 in connection with subdivision SD17-09459 conditions of approval, as recommended by the Chief Engineer, Martinez area. FISCAL IMPACT: No fiscal impact. BACKGROUND: The Offer of Dedication for Drainage Purposes is required per Condition of Approval No.64. CONSEQUENCE OF NEGATIVE ACTION: The Offer of Dedication for Drainage Purposes will not be recorded. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Randolf Sanders (925) 313-2111 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Larry Gossett- Engineering Services, Randolf Sanders- Engineering Services, Paul Detjens, Flood Control, Catherine Windham, Flood Control, Sean Tully-DCD Planning , Gonsalves & Santucci, Inc. C. 11 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 2, 2021 Contra Costa County Subject:Accept an Offer of Dedication for Drainage Purposes for subdivsion SD17-09459, Martinez area. AGENDA ATTACHMENTS Resolution No. 2021/33 Offer of Dedication - Drainage Purposes MINUTES ATTACHMENTS Signed: Resolution No. 2021/33 Recorded at the request of:Clerk of the Board Return To:Public Works Dept- Simone Saleh THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/02/2021 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorDiane Burgis, District III SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/33 IN THE MATTER OF accepting Offer of Dedication for Drainage Purposes for subdivision SD17-09459, for a project being developed by Gonsalves & Santucci, Inc., as recommended by the Chief Engineer, Flood Control and Water Conservation District, Martinez area. (District V) NOW, THEREFORE, BE IT RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: Offer of Dedication for Drainage Purposes REFERENCE: 159-250-019 GRANTOR: Gonsalves & Santucci, Inc. AREA: Martinez DISTRICT: V Contact: Randolf Sanders (925) 313-2111 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Larry Gossett- Engineering Services, Randolf Sanders- Engineering Services, Paul Detjens, Flood Control, Catherine Windham, Flood Control, Sean Tully-DCD Planning , Gonsalves & Santucci, Inc. RECOMMENDATION(S): Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District, ADOPT Resolution No. 2021/34 accepting an offer of dedication of an easement for access purposes from Gonsalves & Santucci, Inc., in Assessor's Parcel Nos. 159-250-019, -021, and -022, connection with subdivision SD17-09459 conditions of approval, as recommended by the Chief Engineer, Martinez area. FISCAL IMPACT: No fiscal impact. BACKGROUND: The Offer of Dedication for Access Easement is required per Condition of Approval No.63. CONSEQUENCE OF NEGATIVE ACTION: The Offer of Dedication for Access Easement will not be recorded. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Randolf Sanders (925)313-2111 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Larry Gossett- Engineering Services, Randolf Sanders- Engineering Services, Paul Detjens, Flood Control, Catherine Windham, Flood Control, Sean Tully-DCD Planning , Gonsalves & Santucci, Inc. C. 12 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 2, 2021 Contra Costa County Subject:Accept an Offer of Dedication for Access Easement for subdivsion SD17-09459, Martinez area AGENDA ATTACHMENTS Resolution No. 2021/34 Offer of Dedication - Access Easement MINUTES ATTACHMENTS Signed: Resolution No. 2021/34 Recorded at the request of:Clerk of the Board Return To:Public Works Dept- Simone Saleh THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/02/2021 by the following vote: AYE:John Gioia, District I SupervisorCandace Andersen, District II SupervisorDiane Burgis, District III SupervisorKaren Mitchoff, District IV SupervisorFederal D. Glover, District V Supervisor NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/34 IN THE MATTER OF accepting Offer of Dedication for Access Easement for subdivision SD17-09459, for a project being developed by Gonsalves & Santucci, Inc., as recommended by the Chief Engineer, Flood Control and Water Conservation District, Martinez area. (District V) NOW, THEREFORE, BE IT RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: Offer of Dedication for Access Easement REFERENCE: 159-250-019, 159-250-021, & 159-250-022 GRANTOR: Gonsalves & Santucci, Inc. AREA: Martinez DISTRICT: V Contact: Randolf Sanders (925)313-2111 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Larry Gossett- Engineering Services, Randolf Sanders- Engineering Services, Paul Detjens, Flood Control, Catherine Windham, Flood Control, Sean Tully-DCD Planning , Gonsalves & Santucci, Inc. RECOMMENDATION(S): ADOPT Resolution No. 2021/41 approving the Parcel Map and Subdivision Agreement for minor subdivision MS18-00010 (cross-reference development plan DP18-03031), for a project being developed by Del Hombre Walnut Creek Holdings LLC, as recommended by the Public Works Director, Walnut Creek area. (District IV) FISCAL IMPACT: No fiscal impact. BACKGROUND: The Public Works Department has reviewed the conditions of approval for minor subdivision MS18-00010 (cross-reference DP18-03031) and has determined that all conditions of approval for Parcel Map approval have been satisfied. CONSEQUENCE OF NEGATIVE ACTION: The Parcel Map and the Subdivision Agreement will not be approved and recorded. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Randolf Sanders (925) 313-2111 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Larry Gossett- Engineering Services, Randolf Sanders- Engineering Services, Brian Louis- Engineering Services, Renee Hutchins - Records, Karen Piona- Record, Cinda Tovar- Design & Construction, Chris Hallford -Mapping , Michael Mann- Finance, Jennifer Cruz - DCD, Del Hombre Walnut Creek Holdings LLC, The Hanover Insurance Company C. 13 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 2, 2021 Contra Costa County Subject:Approve the Parcel Map and Subdivision Agreement for minor subdivision MS18-00010 (x-ref development plan DP18-0303), Walnut Creek area. AGENDA ATTACHMENTS Resolution No. 2021/41 Parcel Map Subdivision Agreement & Improvement Security Bond Tax Letter & Tax Bond MINUTES ATTACHMENTS Signed: Resolution No. 2021/41 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/02/2021 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/41 IN THE MATTER OF approving the Parcel Map and Subdivision Agreement for minor subdivision MS18-00010 (cross-reference DP18-03031), for a project being developed by Del Hombre Walnut Creek Holdings LLC, as recommended by the Public Works Director, Walnut Creek area. (District IV) WHERE AS, the following documents were presented for board approval this date: I. Map The Parcel Map of minor subdivision MS18-00010 (cross-reference DP18-03031), property located in the Walnut Creek area, Supervisorial District IV, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Del Hombre Walnut Creek Holdings LLC, principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within 2 years(s) from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: A. Cash Bond Performance amount: $10,080.00 Auditor’s Deposit Permit No. 821677 Date: January 13, 2021 Submitted by: Del Hombre Walnut Creek Holdings LLC B. Surety Bond Bond Company: The Hanover Insurance Company Bond Number: 1010073 Date: December 29, 2020 Performance Amount: $997,920.00 Labor & Materials Amount: $504,000.00 Principal: Del Hombre Walnut Creek Holdings LLC III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2020-2021 tax lien has been paid in full and the 2021-2022 tax lien, which became a lien on the first day of January 2021, is estimated to be $43,400.00, with security guaranteeing payment of said tax lien as follows: Tax Surety Bond Company: The Hanover Insurance Company Bond Number: 1010074 Date: January 7, 2020 Amount: $49,170,00 Submitted by/Principal: Del Hombre Walnut Creek Holdings LLC NOW, THEREFORE, BE IT RESOLVED: That said subdivision, together with the provisions for its design and improvement, is DETERMINED to be consistent with the County's general and specific plans. 1. That said Parcel map is APPROVED and this Board does hereby accept subject to installation and acceptance of improvements on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 2. That said subdivision agreement is also APPROVED.3. Contact: Randolf Sanders (925) 313-2111 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Larry Gossett- Engineering Services, Randolf Sanders- Engineering Services, Brian Louis- Engineering Services, Renee Hutchins - Records, Karen Piona- Record, Cinda Tovar- Design & Construction, Chris Hallford -Mapping , Michael Mann- Finance, Jennifer Cruz - DCD, Del Hombre Walnut Creek Holdings LLC, The Hanover Insurance Company RECOMMENDATION(S): APPROVE a revision to the Bylaws for the Iron Horse Corridor Management Program Advisory Committee to add a seat for the Contra Costa Transportation Authority, as recommended by Supervisors Anderson and Mitchoff. (District II & IV) FISCAL IMPACT: All time in the development and implementation of the bylaws is funded by the Iron Horse Corridor Trust Fund. BACKGROUND: The Iron Horse Corridor, formerly known as the Southern Pacific Right-of-Way, is 18.5 miles long traversing north-south in Central Contra Costa County. The northern terminus is Mayette Avenue in Concord and the southern terminus is the Alameda County line in San Ramon. The corridor varies in width from 30 to 100 feet and currently has a 10-foot wide, paved multi-use trail (the Iron Horse Trail) managed by the East Bay Regional Park District under a license from the County. The County’s policy regarding the use and ownership of the facility indicate the right-of-way shall remain in public ownership along its entire route and be used as a non-motorized transportation route (trail) and underground utility corridor, and provide and easement for a potential transit facility. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Carl Roner (925) 313-2213 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Carrie Ricci- Duty, Slava Gospodchikov - Engineering Services , Carl Roner- Special Districts C. 14 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 2, 2021 Contra Costa County Subject:Approve revision to the Bylaws for the Iron Horse Corridor. (District II and IV) BACKGROUND: (CONT'D) In 1997 the Board of Supervisors approve the establishment of the Iron Horse Corridor Management Program and an advisory committee to assist with the development of the management program. The advisory committee developed bylaws in 2001 that have been revised several times. Supervisors from Districts 2 and 4 recommend appointments to the Iron Horse Corridor Management Program Advisory Committee. On October 12, 2019, Governor Newsom signed Assembly Bill No. 1025 (AB 1025), which relieved Contra Costa County of obsolete conditions in legacy grants from the 1980s related to the acquisition of the Iron Horse Corridor. In addition, the bill removed the requirement of locating a potential transit facility in the Corridor and made changes to the oversight of the Corridor by way of modifications to the Iron Horse Corridor Management Program Advisory Committee. One such change is the addition of a seat for the Contra Costa Transportation Authority (CCTA). To comply with the requirement of AB 1025, the bylaws are being revised to add a newly created seat for CCTA. CONSEQUENCE OF NEGATIVE ACTION: Failure to approve the revision of the Iron Horse Corridor Management Program Advisory Committee Bylaws will result in noncompliance with AB 1025. RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with Fionn O’Neill for a T-hangar at Buchanan Field Airport effective January 7, 2021 in the monthly amount of $350.00, Pacheco area (District IV). FISCAL IMPACT: The Airport Enterprise Fund will realize $4,200.00 annually. BACKGROUND: On September 1, 1970, Buchanan Airport Hangar Company entered into a 30-year lease with Contra Costa County for the construction of seventy-five (75) hangars and eighteen (18) aircraft shelters/shade hangars at Buchanan Field Airport. In 1977 Buchanan Airport Hangar Company amended their lease to allow for the construction of another 30-year lease with Contra Costa County for the construction of seventeen (17) additional hangars. Buchanan Airport Hangar Company was responsible for the maintenance and property management of the property during the lease period. On APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Beth Lee (925)681-4200 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 15 To:Board of Supervisors From:Keith Freitas, Airports Director Date:February 2, 2021 Contra Costa County Subject:APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a hangar rental agreement with Buchanan Field Airport Hangar tenant BACKGROUND: (CONT'D) September 1, 2000, the ninety-three (93) t- and shade hangars at Buchanan Field reverted to the County ownership pursuant to the terms of the above lease. On November 14, 2006, the Contra Costa County Board of Supervisors approved the form of the T-Hangar and Shade Hangar Rental Agreement for use with renting the County's t-hangars, shade hangars, medium hangars, and executive hangars at Buchanan Field Airport. On February 16, 2007, the additional seventeen (17) hangars at Buchanan Field reverted back to the County pursuant to the above referenced lease. This row included six (6) large hangars which were not covered by the approved T-Hangar and Shade Hangar Rental Agreement. On February 23, 2007, Contra Costa County Board of Supervisors approved the new Large Hangar Rental Agreement for use with the large East Ramp Hangars. On January 16, 2009, Contra Costa County Board of Supervisors approved an amendment to the T-Hangar and Shade Hangar Rental Agreement and the Large Hangar Rental Agreement (combined "Hangar Rental Agreements") which removed the Aircraft Physical Damage Insurance requirement. The Hangar Rental Agreements are the current forms in use for rental of all the County hangars at Buchanan Field Airport. CONSEQUENCE OF NEGATIVE ACTION: A negative action will cause a loss of revenue to the Airport Enterprise Fund. ATTACHMENTS Hangar Rental Agmt Fionn O'Neill RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a license agreement with the Town of Danville to use a portion of County-owned property for the purposes of construction, maintenance and public use of Town of Danville sidewalk improvements, along, on and across a portion of the Iron Horse Corridor (IHC) between Sycamore Valley Road and Laurel Drive, effective November 1, 2020 through October 31, 2045, Danville area. FISCAL IMPACT: The license agreement requires the Town of Danville to pay a one-time administrative cost of $3,000 to cover staff’s labor charges. This payment will be deposited into 0678-6G5573. (Iron Horse Corridor) BACKGROUND: In 2008, Contra Costa County granted a license agreement to the Town of Danville for use of a portion of the IHC between Sycamore Valley Rd. and Laurel Drive for access and maintenance purposes in connection with the Town of Danville’s Park & Ride. The 2008 license agreement expired in 2018. The County acknowledges Danville’s continued use of the IHC since 2018. The County and the Town of Danville both desire to enter into a new Agreement that includes APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Angela Bell, 925. 957-2451 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Carl Roner, Special Districts C. 16 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 2, 2021 Contra Costa County Subject:APPROVE and AUTHORIZE a License Agreement with the Town of Danville. BACKGROUND: (CONT'D) access to and from the IHC along with maintenance and public use of approximately 907 square feet of pedestrian connector sidewalks from a portion of the IHC to the Danville Park & Ride facility. The existing masonry wall will be relocated outside of the IHC and onto Town of Danville property. The Town of Danville obtained an encroachment permit from the County for the construction of the pedestrian sidewalk connectors in connection with its Park & Ride facility. Both parties have agreed that as consideration of the license agreement, the Town of Danville will make a one-time non-refundable payment of $3,000 upon execution of the license agreement and maintain the areas granted in the license agreement. CONSEQUENCE OF NEGATIVE ACTION: Without approval from the Board of Supervisors, the County will not be able to grant a license agreement to the Town of Danville. ATTACHMENTS License Agreement RECOMMENDATION(S): As the governing body of the Contra Costa County Flood Control and Water Conservation District (District), APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute a Right of Entry agreement with Gonsalves & Santucci, Inc. (dba Conco), (Grantor) authorizing the District to use Grantor-owned property identified as Assessor’s Parcel Numbers 159-250-006, -018, -019, -021, and -022, for access and construction purposes in connection with the construction and maintenance of the District’s Lower Walnut Creek Restoration Project, Martinez area. Project No.: 7520-6B8285 FISCAL IMPACT: No fiscal impact. BACKGROUND: In 2019, the County Board of Supervisors approved the Lower Walnut Creek Restoration Project (Project) for the purpose of restoring and enhancing wetlands and associated habitats in Lower Walnut Creek and providing sustainable flood management, while allowing opportunities for public access and recreation. The South Reach portion of the Project generally consists of transporting soil from the North Reach to the South Reach, constructing levees and access roads, removing APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Angela Bell, 925. 957-2451 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Paul Detjens, Flood Control District C. 17 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 2, 2021 Contra Costa County Subject:APPROVE and AUTHORIZE a Right of Entry with Gonsalves & Santucci, Inc. d/b/a Conco, Martinez area. BACKGROUND: (CONT'D) existing levees, excavating tidal channels, and planting native vegetation. On November 19, 2019, the Board adopted a Mitigated Negative Declaration for the Project (State Clearinghouse No 2019099043). Grantor owns property within the South Reach located between the Pacheco and Walnut Creeks and identified as Assessor’s Parcel Numbers 159-250-006, -018, -019, -021, and -022 (Property). The Project requires the District to acquire five (5) temporary easements and one permanent access easement in the Property (Easements). The Public Works Real Estate Division is acquiring the Right of Entry in tandem with the required valuation and acquisition process for the Easements. The Right of Entry will convey necessary land rights to allow the District to advertise its Project while Real Estate and the Grantor continue to negotiate terms and compensation for the acquisition of the Easements. As a condition of, and as partial consideration for, the rights granted under the Right of Entry, the Grantor is requiring the District to indemnify Grantor from liabilities that arise from the District’s use of the Easement areas under the Right of Entry. The risk to the District can be mitigated by requiring the Project construction contractor to indemnify and defend the District from liabilities that arise during construction. The Right of Entry has been approved as to form by County Counsel. Flood Control staff recommend that the Board approve execution of the Right of Entry so that Project construction can proceed as planned. CONSEQUENCE OF NEGATIVE ACTION: Without approval, the District will not have all of the necessary property rights in order to construct the Project. ATTACHMENTS Right of Entry RECOMMENDATION(S): 1. APPROVE the plans and specifications prepared by The KPA Group for the construction of a new 18,657 square foot terminal building at Buchanan Field Airport in Concord to be used for general aviation, Airport Rescue and Fire Fighting (ARFF) and airport administration purposes (Construction Project). 2. APPROVE the bid documents for the Construction Project. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Beth Lee (925) 681-4200 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 18 To:Board of Supervisors From:Keith Freitas, Airports Director Date:February 2, 2021 Contra Costa County Subject:Approve the BF Terminal Replacement Project & Authorize the Public Works Director, or designee, to advertise the Project, Concord RECOMMENDATION(S): (CONT'D) 3. AUTHORIZE the Public Works Director, or designee, to solicit bids to be received on or about April 22, 2021, and issue bid addenda, as needed, for clarification of the bid documents, provided any changes made do not significantly increase the construction cost estimate. 4. DIRECT the Clerk of the Board to publish, at least 14 calendar days before the bid opening date, the Notice to Contractors in accordance with Public Contract Code Section 22037, inviting bids. 5. DIRECT the Public Works Director, or designee, to send notices by email or fax and by U.S. Mail to the construction trade journals specified in Public Contract Code Section 22036 at least 15 Calendar days before the bid opening. FISCAL IMPACT: Construction of the project has no negative impact on the General Fund. The total estimated construction cost is $11.7 million, which will be funded by a combination of funds received from the Federal Aviation Administration Airport Improvement Program (estimated at $6.1 million) and Caltrans (estimated at $150,000), with the balance paid by the Airport Enterprise Fund (estimated at $5.45 million). BACKGROUND: The Buchanan Field Airport Master Plan adopted by the Board of Supervisors on October 28, 2008, identifies a new general aviation terminal on the capital improvement list. The new terminal will replace the existing terminal at the north end of John Glenn Drive. Plans and specifications for the construction of the terminal, along with landscaping and parking, have been prepared by The KPA Group. The design plans are dated November 20, 2020, consist of 206 pages, and are available from the County Public Works Department upon request. Environmental review was performed and the project was categorically exempt from the review requirements of the California Environmental Quality Act (CEQA) per section 15302(b). The notice of exemption was filed on December 5, 2019 with the Contra Costa County Clerk. The new terminal will be a single-story, steel building consisting of approximately 18,657 square feet. The new terminal will include space for the Airports Division Administrative staff, Airport Rescue and Fire Fighting (ARFF) staff and equipment, public space to support scheduled/unscheduled air service providers, office space for aviation businesses, and general public meeting space. The Airports Division currently rents office space from one of the airport businesses and moving those functions into the new terminal will accommodate the additional office space needed, while resulting in long-term savings to the Airport Enterprise Fund. The estimated total cost of the project is $11.7 million. On April 28, 2020, the Board authorized Airport staff to submit applications to the FAA and Caltrans for grants for the construction of the ARFF and general aviation components of the new terminal. Airport staff expects the FAA Airport Improvement Program will contribute $6.1 million and Caltrans to contribute $150,000. The remaining balance of approximately $5.45 million will be paid by the Airport Enterprise Fund. The Airport Enterprise Fund will also pay the added costs to complete the space including furnishings, window coverings, and the like. The minimum wage rates paid on this project will be the general prevailing wage rates, which are on file with the Clerk of the Board of Supervisors. CONSEQUENCE OF NEGATIVE ACTION: If the design plans and the bid documents are not approved, the County will not be able to solicit bids for If the design plans and the bid documents are not approved, the County will not be able to solicit bids for the construction of a new terminal to replace the existing terminal. The existing terminal does not include space for ARFF staff and equipment or administrative offices for Airport staff. RECOMMENDATION(S): RECEIVE public report of litigation settlement agreements that became final during the period of October 1, 2020, through December 31, 2020, as recommended by County Counsel. FISCAL IMPACT: Settlement amounts are listed below. BACKGROUND: Three agreements to settle pending litigation, as defined in Government Code section 54956.9, became final during the period of October 1, 2020, through December 31, 2020. Peter King v. Contra Costa County, et al., USDC Case No. C20-00462 SBA (N.D.Cal.) On October 13, 2020, the Board approved settlement of this over-detention lawsuit. The Board authorized settlement in the amount of $92,500, inclusive of attorney's fees and costs, in closed session by a 5-0 vote. The settlement agreement was fully executed on November 5, 2020. The funding source is the Risk Management Liability Internal Service Fund. Hernandez v. Contra Costa County, et al., USDC Case No. C20-01183 AGT (N.D.Cal.) On October 20, 2020, the Board approved APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Thomas L. Geiger, 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: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Thomas L. Geiger, Assistant County Counsel, Karen Caoile, Risk Manager C. 19 To:Board of Supervisors From:Sharon L. Anderson, County Counsel Date:February 2, 2021 Contra Costa County Subject:Public report of litigation settlement agreements that became final during the period of October 1, 2020, through December 31, 2020. BACKGROUND: (CONT'D) settlement of this excessive force lawsuit. The Board approved settlement in the amount of $262,500, inclusive of attorney's fees and costs, in closed session by a 5-0 vote. The settlement agreement was fully executed on November 5, 2020. The funding source is the Risk Management Liability Internal Service Fund. Eddie Thomas, Jr., et al. v. Contra Costa County, et al., USDC Cse No. C19-08056 LB (N.D.Cal.) On December 8, 2020, the Board approved settlement of this warrantless entry lawsuit. The Board authorized settlement in the amount of $98,000, inclusive of attorney's fees and costs, in closed session by a 5-0 vote. The settlement agreement was fully executed on December 14, 2020. The funding source is the Risk Management Liability Internal Service Fund. This report includes final settlements of litigation matters handled by the Office of the County Counsel. The report does not include litigation settlements that were reported by the Risk Management Division of the County Administrator's Office as a consent item on the Board's open session agenda. CONSEQUENCE OF NEGATIVE ACTION: The report would not be accepted. RECOMMENDATION(S): DENY claims filed by James Dawson, Isaiah Glaze, and Leon Keys. DENY amended claim filed by Keong Seol Lee. FISCAL IMPACT: No fiscal impact. BACKGROUND: Jamie Dawson: Personal injury claim resulting from vehicle accident in the amount of $150,000. Isaiah Glaze: Personal injury claim related to incarceration conditions in the amount of $50,000,000. Leon Keys: Personal injury claim related to incarceration conditions in an undisclosed amount. Kyong Seol Lee: Personal injury and property claim for vehicle accident in an undisclosed amount. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Scott Selby 925.335.1400 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 20 To:Board of Supervisors From:Monica Nino, County Administrator Date:February 2, 2021 Contra Costa County Subject:Claims RECOMMENDATION(S): RECEIVE this report and AUTHORIZE payment in the amount of $1,730.00 for the loss incurred to employee Sydney Kemp's hearing aid device that was damaged beyond repair while performing his job duties. FISCAL IMPACT: Liability Internal Service Fund payment of $1730.00. BACKGROUND: Payment is recommended for personal property loss sustained by our County worker. This matter has been investigated by the Risk Management Department of the County Administrator's Office and it was determined that the payment is appropriate under the Compensation for Loss or Damage to Personal Property Policy as outlined in the County Administrative Bulletin 518.2. The replacement cost for Mr. Kemp's hearing aid device is $1730.00. CONSEQUENCE OF NEGATIVE ACTION: The County Employee would experience difficulty performing their job duties. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District 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)335-1456 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 21 To:Board of Supervisors From:Karen Caoile, Director of Risk Management Date:February 2, 2021 Contra Costa County Subject:Personal Property Reimbursement ATTACHMENTS RECOMMENDATION(S): ADOPT Resolution No. 2020/18 to recognize Douglas R DeVries, Animal Services Lieutenant, on the occasion of his 20 years of service and retirement with Contra Costa County Animal Services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 925-608-8470 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Joellen Bergamini, Deputy cc: C. 22 To:Board of Supervisors From:Beth Ward, Animal Services Director Date:February 2, 2021 Contra Costa County Subject:Douglas R. DeVries 20 Years of Service ATTACHMENTS Resolution 2021/18 In the matter of:Resolution No. 2021/18 Douglas R DeVries, Animal Services Lieutenant, on the occasion of his 20 years of service and retirement with Contra Costa County Animal Services. WHEREAS, on February 8, 2021, Douglas R. DeVries is completing 20 years of service for Contra Costa County Animal Services as a lieutenant rank; WHEREAS Douglas DeVries has previously held the ranks of officer and sergeant of Animal Services; WHEREAS Douglas DeVries was integral in the county’s first Potentially Dangerous and Dangerous Animal Ordinance and training of officers and sergeants therein; WHEREAS Douglas DeVries has held the longest departmental role of fleet manager for Contra Costa Animal Services vehicles; WHEREAS Douglas DeVries has held an accomplished role of Office of Emergency Services Animal Services Liaison, providing service during emergency fires throughout the state; WHEREAS Douglas DeVries has held the ancillary duty of overseeing the County’s Animal Response Team, providing assistance to animals and people in need; WHEREAS Douglas DeVries held a vital role in the interfacing of networks to promote dispatch communications resolution; WHEREAS Douglas DeVries has held departmental roles of president and representative to two local unions; WHEREAS Douglas DeVries was dedicated to the pursuit of researching case law for the department; WHEREAS Douglas DeVries was vital to the recruitment and training of new officers; WHEREAS Douglas DeVries was deeply dedicated to the involvement of coaching local High School football teams and supporting all local athletic causes; WHEREAS Douglas DeVries was a loyal partner and friend to local law enforcement; WHEREAS Douglas DeVries was vigilant in providing customer support to local Martinez businesses; WHEREAS Douglas DeVries provided countless hours of debate and humor to his co-workers. That Contra Costa County Board of Supervisors hereby honors Douglas R. DeVries for his long and dedicated service and wishes him the best on his future endeavors. He will be deeply missed! ___________________ DIANE BURGIS Chair, District III Supervisor ______________________________________ JOHN GIOIA CANDACE ANDERSEN District I Supervisor District II Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator By: ____________________________________, Deputy APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District 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: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Joellen Bergamini, Deputy cc: C. 23 To:Board of Supervisors From:Karen Mitchoff, District IV Supervisor Date:February 2, 2021 Contra Costa County Subject:Honoring the Pleasant Hill Recreation & Park District on the Occasion of their 70th Anniversary ATTACHMENTS Resolution 2021/40 In the matter of:Resolution No. 2021/40 In the Matter of Honoring the Pleasant Hill Recreation & Park District on the Occasion of their 70th Anniversary WHEREAS, in 1949, a grassroots Recreation Council was formed by a group of concerned parents and the principal of the Pleasant Hill Grammar School to plan after school recreational programs for children; and WHEREAS, in a special election on January 19, 1951, the voters approved the Pleasant Hill Park, Recreation & Parkway District, which was the first governmental agency established in the area; and whose main purpose was to provide parks and recreation programs to enhance the quality of life for its residents, a purpose that continues to this day; and WHEREAS, in October 1952, the first parcel of 4.5 acres of land was purchased to build Pleasant Hill Park and construction began in April 1954; and WHEREAS, in September 1957, the District officially changed its name from the Pleasant Hill Park, Recreation & Parkway District to Pleasant Hill Recreation & Park District; and WHEREAS, in 1973, the Pleasant Hill Community Center and the Pleasant Hill Senior Center opened for the first time; and WHEREAS, in 2009, Pleasant Hill voters made history with the approval of Measure E, a $28 million General Obligation Bond dedicated specifically for District facility upgrades, which included rebuilding the Pleasant Hill Senior and Community Centers, building a new Teen Center, and upgrading Pleasant Oaks Park; and WHEREAS, Pleasant Hill Recreation & Park District provides and manages extensive District-owned parks, facilities, open space, and recreation programs and events throughout the community; and WHEREAS, the District’s broad impact includes serving over 40,000 people within the community, an area about 20% larger than of the City of Pleasant Hill and touches approximately 100,000+ persons who participate in programs, visit District facilities, or volunteer annually; and WHEREAS, the District preserves and protects natural resources of California by conscientiously and proactively maintaining the District's 269 acres of parkland and open space; and WHEREAS, the Pleasant Hill Recreation & Park District positively impacts the community by promoting an active, healthy life-style for preschool, youth, teens, adults and seniors and fosters self-enrichment and personal development through offering over 2,300 classes, programs and activities; and WHEREAS, the District improves community safety and security by providing positive recreational activities and safe environments for at-risk groups; and WHEREAS, the Pleasant Hill Recreation & Park District maintains and drives community economic value by providing diverse programs, well-maintained neighborhoods and community parks, trails and open spaces to attract and retain residents, businesses, athletic organizations and visitors; and WHEREAS, the District strengthens community engagement by working closely with community partners and clubs, coordinating volunteer activities, co-sponsoring community events, and supporting local charities. Now Therefore be it Resolved that the Contra Costa County Board of Supervisors recognizes the Pleasant Hill Recreation & Park District for their 70 years of service to our community and for your dedication to developing community programs and creating beautiful parks and facilities. ___________________ DIANE BURGIS Chair, District III Supervisor ______________________________________ JOHN GIOIA CANDACE ANDERSEN District I Supervisor District II Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator By: ____________________________________, Deputy APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Allison Knapp (925) 313-2177 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 , County Administrator and Clerk of the Board of Supervisors By: Joellen Bergamini, Deputy cc: C. 24 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 2, 2021 Contra Costa County Subject:Resolution Recognizing John Landry for His 40 Years of Service to Contra Costa County ATTACHMENTS Resolution No. 2021/35 In the matter of:Resolution No. 2021/35 RECOGNIZING the contributions of John Joseph Landry Jr. on his 40 years of service to Contra Costa County. WHEREAS, in 1981, John Joseph Landry Jr. started his career with the Public Works Department as a Custodian II; and WHEREAS, in 1982, he became a Laborer in the Flood Control Crew for the Public Works Maintenance Division; and WHEREAS, in November 1983, he was recognized by Public Works Director, J. Michael Walford, for his integrity in helping a resident retrieve their possession; and WHEREAS, in 1987, he was promoted to Equipment Operator I in the Maintenance Division; and WHEREAS, in 1996, he was promoted to Equipment Operator II that required him to operate more complicated equipment and perform at a higher level of responsibility; and WHEREAS, in December 1998, he and the Flood Control Crew received commendation from District IV Supervisor Donna Gerber, for having a “courteous, prompt and positive response” in their flood control service around the Danville Woods community; and WHEREAS, in July 1999, he, along with his fellow Equipment Operator II received the Award of Excellence for the month of July for a doing a great job at a community airshow where they displayed and explained the maintenance equipment to hundreds of people in the community; and WHEREAS, in February 2003, he, along with Crew 36 received the Award of Excellence for their commitment to quality by efficiently clearing debris and reestablishing roadside drainage and shoulders along three miles of Marsh Creek Road in East County; and WHEREAS, in September 2005, he, as an Equipment Operator II, received the Award of Excellence for the month of September with his crew for a doing a fine job patch paving on Monticello Avenue in Pleasant Hill; and WHEREAS, in November 2007, he and the Rotomill/Grinding Crew received the J. Michael Walford Team of the Year award for providing consistent and quality service in preparing for an asphalt rubber resurfacing work; and WHEREAS, in 2011, he was promoted to Maintenance Supervisor for Crew 21 in West County; and WHEREAS in September 2012, he and his crew were recognized by the Division Manager, Joe Yee, for doing a quality job rebuilding a Portland Cement Flatwork bus stop in El Sobrante which was challenging and not typical work for the staff; and WHEREAS, John is a kind soul who is referred to lovingly by many as “Bub” and has loads of stories about the old times in Maintenance, his service in the United States Marine Corps and his beloved Cajun roots; and WHEREAS, John is a proud father of two and loving grandfather of three; and NOW, THEREFORE, IT IS RESOLVED that the Board of Supervisors does hereby recognize and honor John Joseph Landry for his 40 year anniversary of dedicated service to Contra Costa County and for the high quality of work performed by him during his career. Passed and adopted on February 2, 2021, by a unanimous vote of the Board of Supervisors of the County of Contra Costa. ___________________ DIANE BURGIS Chair, District III Supervisor ______________________________________ JOHN GIOIA CANDACE ANDERSEN District I Supervisor District II Supervisor ______________________________________ KAREN MITCHOFF FEDERAL D. GLOVER District IV Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 , By: ____________________________________, Deputy RECOMMENDATION(S): INTRODUCE Ordinance No. 2021-02 amending the County Ordinance Code to exclude from the merit system the classification of Senior Financial Counsel-Exempt, WAIVE READING and FIX February 9, 2021 for adoption. FISCAL IMPACT: No fiscal impact BACKGROUND: The classification of Senior Financial Counsel-Exempt is a longstanding single-position classification in the County Counsel’s Office. When section 33-5.410 was last amended, this classification was incorrectly omitted from the ordinance. The classification has not been eliminated, and this ordinance would correct that omission. This classification is distinguished by its responsibility for providing financial and related administrative and policy assistance to the County Counsel, as well as conducting the most difficult and complex county tax and financial litigation. It has responsibility for legal tax and financial advice and service to multiple County departments. This position also supervises subordinate attorneys who perform legal services in tax and financial areas. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District 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: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Eric Suitos, Sylvia Wong Tam C. 25 To:Board of Supervisors From:Ann Elliott, Interim Human Resources Director Date:February 2, 2021 Contra Costa County Subject:Introduce Ordinance No. 2021-02 Amending the County Ordinance Code CONSEQUENCE OF NEGATIVE ACTION: The County ordinance will incorrectly omit the classification of Sr. Financial Counsel-Exempt from ordinance listing the classifications exempt from the merit system. ATTACHMENTS Ordinance No. 2021-02 ORDINANCE NO. 2021-02 ORDINANCE NO. 2021-02 (Exclude from the Merit System the classification of Senior Financial Counsel -Exempt) The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION I: Section 33-5.410 of the County Ordinance Code excludes from the merit system the classification of Senior Financial Counsel -Exempt, and is amended to read as follows: 33-5.410 County Counsel (a) Assistant county counsels -exempt are excluded and are appointed by the county counsel. (b) Chief assistant county counsel -exempt is excluded and is appointed by the county counsel. (c) Deputy county counsels -exempt are excluded and are appointed by the county counsel. (d) Senior financial counsel -exempt is excluded and is appointed by the county counsel. (Ords. 2021-02 § I, 2013-03 § I; 99-14 § I, 98-18 § 1.) SECTION II: EFFECTIVE DATE. This ordinance becomes effective 30 days after passage, and w ithin 15 days of passage shall be published once with the names of the supervisors voting for and against it in the ______________________, a newspaper published in the County. PASSED ON ______________________________________ by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: MONICA NINO, Clerk of the Board of Supervisors and County Administrator By:______________________________ ________________________________ Deputy Board Chair H:/sr financial counsel-exempt ord [SEAL] ORDINANCE NO. 2021-02 RECOMMENDATION(S): REAPPOINT the following individuals on the Iron Horse Corridor Management Program Advisory Committee, as recommended by Supervisors Andersen and Mitchoff. (Districts II & IV) Lesley Hunt Walnut Creek, CA 94598 City of Walnut Creek Seat - (Expires March 1, 2022) Sabina Zafar San Ramon, CA 94583 City of San Ramon seat - (Expires January 31, 2025) Dan Mackay Concord, CA 94520 City of Concord seat - (Expires January 31, 2025) Anne Struthers Alamo, CA 94507 Alamo seat - (Expires January 1, 2024) APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Carl Roner (925) 313-2213 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Carrie Ricci- Duty, Carl Roner- Special Districts C. 26 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 2, 2021 Contra Costa County Subject:Appointment on the Iron Horse Corridor Management Program Advisory Committee. (District II and IV) RECOMMENDATION(S): (CONT'D) Shanna Holden Pleasant Hill, CA 94523 City of Pleasant Hill seat - (Expires January 1, 2024) Nazanin Shakerin Alamo, CA 94506 District II At-Large seat - (Expires January 1, 2024) FISCAL IMPACT: No fiscal impact. BACKGROUND: The Iron Horse Corridor Management Program Advisory Committee was authorized by the Board of Supervisors on July 22, 1997. It was established to assist Contra Costa County in developing a management program for the Iron Horse Corridor. In October of 2000 the Board expanded the Advisory Committee’s role to continue implementation and monitoring of the Landscape Element of the Management Program and to assist in the completion of the Joint Use Criteria and Standards, Public Information, and Finance elements of the Management Program. These extensions will correct the term length so it is in compliance with the Iron Horse Corridor Management Program Advisory Committee Bylaws. Advisory Committee seats include one representative from each jurisdiction or unincorporated community along the corridor, a District II seat, a District IV seat, a seat for the East Bay Regional Park District, and a newly created seat for the Contra Costa Transportation Authority. CONSEQUENCE OF NEGATIVE ACTION: The seat will become vacant. RECOMMENDATION(S): APPOINT the following individuals to the Town of Danville seat on the Iron Horse Corridor Management Program Advisory Committee for a four-year term with an expiration date of June 30, 2024, as recommended by Supervisor Andersen. (Districts II) Brittany Beech Danville, CA 94526 Town of Danville seat - (Expires June 30, 2024) Alex Tappin (alternate) Danville, CA 94526 Town of Danville seat - (Expires June 30, 2024) FISCAL IMPACT: No fiscal impact. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Carl Roner (925) 313-2213 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Carrie Ricci- Duty, Carl Roner- Special Districts, Marie Sunseri, City Clerk Town of Danville C. 27 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 2, 2021 Contra Costa County Subject:Appointment on Iron Horse Corridor Management Program Advisory Committee. (District II) BACKGROUND: The Iron Horse Corridor Management Program Advisory Committee was authorized by the Board of Supervisors on July 22, 1997. It was established to assist Contra Costa County in developing a management program for the Iron Horse Corridor. In October of 2000 the Board expanded the Advisory Committee’s role to continue implementation and monitoring of the Landscape Element of the Management Program and to assist in the completion of the Joint Use Criteria and Standards, Public Information, and Finance elements of the Management Program. Advisory Committee seats include one representative from each jurisdiction or unincorporated community along the corridor, a District II seat, a District IV seat, a seat for the East Bay Regional Park District, and a newly created seat for the Contra Costa Transportation Authority. CONSEQUENCE OF NEGATIVE ACTION: The seat will become vacant. RECOMMENDATION(S): APPOINT David Hudson to the newly created Contra Costa Transportation Authority seat on the Iron Horse Corridor Management Program Advisory Committee, as recommended by Supervisors Andersen and Mitchoff. (Districts II & IV) FISCAL IMPACT: No fiscal impact. BACKGROUND: The Iron Horse Corridor Management Program Advisory Committee was authorized by the Board of Supervisors on July 22, 1997. It was established to assist Contra Costa County in developing a management program for the Iron Horse Corridor. In October of 2000 the Board expanded the Advisory Committee’s role to continue implementation and monitoring of the Landscape Element of the Management Program and to assist in the completion of the Joint Use Criteria and Standards, Public Information, and Finance elements of the Management Program. Advisory Committee seats include one representative from each jurisdiction or unincorporated community along the corridor, a District II seat, a District IV seat, a seat for the East Bay Regional Park District, and a newly created seat for the Contra Costa Transportation Authority. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Carl Roner (925) 313-2213 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Carrie Ricci- Duty, Carl Roner- Special Districts C. 28 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 2, 2021 Contra Costa County Subject:Appointment on Iron Horse Corridor Management Program Advisory Committee. (District II and IV) CONSEQUENCE OF NEGATIVE ACTION: The seat will become vacant. RECOMMENDATION(S): REAPPOINT the following individuals to the following seats APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jill Ray, 925-957-8860 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: District 2 Supervisor, Maddy Book, APSAC, Appointees C. 29 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:February 2, 2021 Contra Costa County Subject:APPOINTMENT TO THE ALAMO POLICE SERVICES ADVISORY COMMITTEE RECOMMENDATION(S): (CONT'D) on the Alamo Police Services Advisory Committee for a two-year term with an expiration date of December 31, 2022, as recommended by Supervisor Candace Andersen: Appointee 1 Joseph Rubay, Alamo, CA 94507 Appointee 2 Dr. Alden Harken, Alamo, CA 94507 Appointee 4 William Nelson, Alamo CA 94507 Appointee 6 Ross Hillesheim, Alamo CA 94507 Appointee 8 Karen McPherson, Alamo, CA 94507 FISCAL IMPACT: NONE BACKGROUND: Established on November 18, 1969, by Board Resolution 69/765, the purpose of the County Service Area P-2B Citizens Advisory Committee is to advise the Board of Supervisors and the Sheriff's Department on the needs of the Alamo community for extended police services which shall include, but not be limited to, enforcement of the State Vehicle Code, crime prevention, and litter control. On March 19, 2013, the Board of Supervisors approved a Board Order that retitled the County Service Area P-2B Citizens Advisory Committee to the "Alamo Police Services Advisory Committee". Alamo Police Services Advisory Committee is comprised of nine regular members and two alternates who each serve a two year term. CONSEQUENCE OF NEGATIVE ACTION: The Committee will be unable to attain quorum. CHILDREN'S IMPACT STATEMENT: NONE RECOMMENDATION(S): APPOINT the following individual to the Alternate Seat of the Alamo Municipal Advisory Council for a four-year term with an expiration date of December 31, 2024, as recommended by Supervisor Candace Andersen: Susan Rock Alamo, CA 94507 FISCAL IMPACT: NONE BACKGROUND: The Alamo MAC may advise the Board of Supervisors on services that are or may be provided to the Alamo community by Contra Costa County or other local government agencies. Such services include, but are not limited to, parks and recreation, lighting and landscaping, public health, safety, welfare, public works, code enforcement, land use and planning, transportation and other infrastructure. The Council may also provide input and reports to the District Supervisor, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jill Ray, 925-957-8860 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: District 2 Supervisor, Maddy Book, Alamo MAC, Appointee C. 30 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:February 2, 2021 Contra Costa County Subject:APPOINTMENT TO THE ALAMO MUNICIPAL ADVISORY COUNCIL BACKGROUND: (CONT'D) Board of Supervisors, County staff or any County hearing body on issues of concern to the community. The Council may represent the Alamo community before the Board of Supervisors, County Planning Commission and the Zoning Administrator. The Council may also represent the Alamo community before the Local Agency Formation Commission on proposed boundary changes effecting the community. The Council may advocate on parks and recreation issues to the Town of Danville and the San Ramon Valley Unified School District. CONSEQUENCE OF NEGATIVE ACTION: The seat will remain vacant. CHILDREN'S IMPACT STATEMENT: NONE RECOMMENDATION(S): REAPPOINT Nancy Leasure to At-Large Seat #8 for a term expiring on September 30, 2022, and APPOINT Dr. Michelle Hernandez to Member At-Large Seat #13 of the Contra Costa Advisory Council on Aging (ACOA) for a term expiring on September 30, 2022, as recommended by the Family and Human Services Committee. FISCAL IMPACT: NA BACKGROUND: The Family and Human Services Committee recommends the reappointment of Nancy Leasure to At-Large Seat #8 for a term expiring on September 30, 2022, and appointment of Dr. Michelle Hernandez to Member At-Large Seat #13 of the Contra Costa Advisory Council on Aging (ACOA) for a term expiring on September 30, 2022. The Advisory Council on Aging Membership Committee also recommends the reappointment of Ms. Leasure and the appointment of Dr. Hernandez. Please find a copy of the member's applications provided as separate attachment. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dennis Bozanich 925-655-2050 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 31 To:Board of Supervisors From:Monica Nino, County Administrator Date:February 2, 2021 Contra Costa County Subject:Appointment to the Advisory Council on Aging CONSEQUENCE OF NEGATIVE ACTION: Failure to fill vacant advisory body seats will reduce public input. CHILDREN'S IMPACT STATEMENT: NA ATTACHMENTS Reappointment Application - Leasure Appointment Application - Hernandez RECOMMENDATION(S): APPOINT Rhiannon Shires to the Member-at-Large Seat IV of the Alcohol and Other Drugs Advisory Board for a term ending on June 30, 2023, and APPOINT Dylan Johnston to the Member-at-Large Seat VI and Ashley Ganem to the Member-at-Large Alternate Seat I of the Alcohol and Other Drugs Advisory Board for terms ending on June 30, 2024, as recommended by the Family and Human Services Committee. FISCAL IMPACT: NA BACKGROUND: The Family and Human Services Committee recommends the following actions: · Appointment of Rhiannon Shires to the Member-at-Large Seat IV of the Alcohol and Other Drugs Advisory Board for a term ending on June 30, 2023; · Appointment of Dylan Johnston to APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dennis Bozanich 925-655-2050 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 32 To:Board of Supervisors From:Monica Nino, County Administrator Date:February 2, 2021 Contra Costa County Subject:Appointments to Alcohol and Other Drugs Advisory Board BACKGROUND: (CONT'D) the Member-at-Large Seat VI of the Alcohol and Other Drugs Advisory Board for a term ending on June 30, 2024; and · Appointment of Ashley Ganem to the Member-at-Large Alternate Seat I of the Alcohol and Other Drugs Advisory Board for a term ending on June 30, 2024. Due to the reorganization of the AODAB’s structure, there is a need for additional At-Large members to support a broader county geographical representation. In accordance to the recruitment policy of the Board of Supervisors a media advisory will be released to recruit potential Board members. Alcohol and Other Drug Services maintains an internal system to monitor countywide geographical and culturally representation. CONSEQUENCE OF NEGATIVE ACTION: Failure to fill vacant advisory body seats will reduce public input. CHILDREN'S IMPACT STATEMENT: NA ATTACHMENTS Application - Shires Application - Johnston Application - Ganem AODAB Roster - January 2021 Please return completed applications to: Clerk of the Board of Supervisors 1025 Escobar Street, 1st Floor 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 Rhiannon Shires Danville 94526-2949 Boston University Psychology California State University Northridge School Psychology California Instiute of Integral Studies Clincial Psychology Alcohol & Other Drugs Advisory Board Member I have been a Clinical Psychologist for 25 years. I have worked in Hospitals, Social Service Agencies, Schools, and Private Practice. I have worked extensively with patients with Alcohol & other Drug problems. With the uprise in these issues since the inception of COVID, I feel a strong moral and ethical urge to give back to my community in whatever way possible. I am a Licensed Clinical Psychologist with extensive knowledge and work experience with patients having Alcohol and other Drug related problems for 25 years. I have worked in Hospitals, Social Service Agencies, Schools, and Private Practice. Print Form 4 Martinez, CA 94553 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: 1025 Escobar Street, 1st Floor Submit this application to: ClerkofTheBoard@cob.cccounty.us OR Clerk of the Board of Supervisors 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) 655-2000 or by email at ClerkofTheBoard@cob.cccounty.us THIS FORM IS A PUBLIC DOCUMENT Girl Scout Leader, Make a Wish Foundation, Born that Way Foundation, Peter Pan Foundation, FAME (Famous Artist and Musician Experience) at SRVUSD. Rhiannon Shires 1/23/20 Submit Date: Dec 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? None Selected Education Select the option that applies to your high school education * High School Diploma College/ University A Name of College Attended Cal State East Bay Degree Type / Course of Study / Major BA in English Degree Awarded? Yes No College/ University B Name of College Attended Diablo Valley College Ashley B Ganem San Ramon CA 94582 Mobile: Ashley B Ganem Page 1 of 4 Degree Type / Course of Study / Major AA Degree 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? Alcohol and Other Drugs Advisory Board: Submitted Seat Name Cal State East Bay 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? Please explain why you would like to serve on this particular board, commitee, or commission. SUD Counselor Ashley B Ganem 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. Describe your qualifications for this appointment. (NOTE: you may also include a copy of your resume with this application) CADC-II 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: Supervisor at Bright Heart Health 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: Resume_.docx Ashley B Ganem 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 Ashley B Ganem Page 4 of 4 Ashley B. Ganem Danville, CA 94506 (, Objective: To become a Licensed Marriage and Family Therapist with a specialization in Substance Use Disorder. Education Certified Alcohol and Drug Counselor II (CADC II) A057590720 August 2018 Diablo Valley College, 2016-2017, Addiction Studies Program (AS) California State University East Bay, 2012-2014, Bachelor of Arts (BA), English Diablo Valley College, 2008 to 2011, Associate of Arts (AA), English Skills & Qualifications Comprehensive background in addiction Excellent communication and interpersonal skills Proficient computer skills including MS Word, MS PowerPoint, Excel, Kareo, ARMS, Clinician’s Gateway Demonstrates excellence in reliability and attendance Ability to work independently in non-office based settings Able to assist with crisis assessment and intervention Motivational Interviewing, Group counseling, Treatment planning, Discharge planning, Case management, Patient education Strong facilitation skills for groups Dedicated and skillful counselor Experience Bright Heart Health, SUD Counselor August 24, 2020 to Present Group counseling, individual counseling, treatment planning, bio/psycho/social intake/assessment Horizon Services, Inc., SUD Counselor Substance Use Disorder Counselor for Project Eden East County January 2019 to Present Intake/assessments, group counseling, individual counseling, patient education, treatment planning, crisis intervention, case management, discharge planning Center Point Inc., Transitional Counselor Transitional Counselor for San Quentin in Prison Program August 2018 to December 2018 Responsible for providing support to participants in transitioning back into the community by working with them to develop a continuing care plan that integrates after care services and housing. Center Point Inc., Entry Level Counselor Entry level AOD Counselor for San Quentin in Prison Program March 2018 to August 2018 Intake/assessments, group counseling, one on one counseling, treatment planning, discharge planning, auditing files Diablo Valley Drug and Alcohol Services, Intern August 9, 2017 to March 9, 2018 Shadow, observe, facilitate/co-facilitate group sessions, case notes, and weekly clinical supervision Bright Heart Health, Care Coordinator/Supervisor March 2015 to March 2018 Case Manager/Supervisor of Telemedicine Eating Disorders Intensive Outpatient Treatment Program and Opioid Use Disorder Outpatient Treatment Program First point of contact for callers seeking treatment providing a consultative and caring approach to each call. Assess suitability for program, verify insurance benefits, and perform all areas of intake and enrollment for potential patients. Answer phone calls and live chat sessions with potential and active patients. Performing insurance verification as needed by checking with insurance company on benefit coverage for patients as well as completing prior authorizations for medication. Handle scheduling for clinical, nutritional assessments, individual and group sessions, and doctor visits. Oversee and manage Care Coordinators/Admissions team Facilitate Support Groups Seat Name Address District of Residence District I Antwon Cloird Richmond, CA, 94804 I District II Guita Bahramipour Moraga, CA, 94556 II District III Cynthia Chavez Antioch, CA, 94531 III District IV Tom Aswad Walnut Creek, CA, 94598 IV District V Logan Campbell Martinez, CA, 94553 V At Large ‐ 1 Jonathan Ciampi San Ramon, CA, 94583 II At Large ‐ 2 Victor Ortiz Walnut Creek, CA, 94598 IV At Large ‐ 3 Talia Moore E.D.D. El Sobrante, CA, 94803 I At Large ‐ 4 Vacant At Large ‐ 5 Evelyn Howard Alamo, CA 94507 II At Large ‐ 6 Vacant At Large ‐ Alternate 1 Vacant At Large ‐ Alternate 2 Vacant At Large ‐ Alternate 3 Vacant Name Address District of Residence Dylan Johnston Concord, CA 94518 IV Ashley Ganem San Ramon, CA 94582 II Rhiannon Shires Danville, CA 94526 II District I 2 District II 3 District III 1 District IV 2 District V 1 District I 0 District II 2 District III 0 District IV 1 District V 0 Number of Applicants per District of Residence Current AODAB Representation Current AODAB Applicants Number of Apointed Members per District of Residence RECOMMENDATION(S): RECOMMEND the Board of Supervisors appoint Catherine Jones to the At Large 5 Commissioner seat on the Contra Costa Commission on Women and Girls (CCCWG), for a term ending February 28, 2022, as recommended by the Family and Human Services Committee. FISCAL IMPACT: NA BACKGROUND: The Family and Human Services Committee has reviewed and supports the recommendation of the Contra Costa Commission for Women and Girls Membership Committee, to appoint Catherine Jones to the At Large 5 Commissioner seat for a term ending on February 28, 2022. The Contra Costa Commission for Women was formed to educate the community and advise the Contra Costa County Board of Supervisors on issues relating to the changing social and economic conditions of women in the County, with particular emphasis on the economically disadvantaged. The Commission's mission is, “to improve the economic status, social welfare, and overall quality of life for women in Contra Costa County.” In September 2017, the IOC held a discussion about problems that had been reported concerning the Commission for Women including a spate of member resignations, inability to achieve a meeting quorum, blurred responsibilities, disagreement over the Commission's mission, factions and fragmentation, open meeting act errors, and loss of interest among some of the membership. The IOC has APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dennis Bozanich 925-655-2050 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 33 To:Board of Supervisors From:Monica Nino, County Administrator Date:February 2, 2021 Contra Costa County Subject:Appointments to the Contra Costa Commission for Women and Girls worked with the Commission over the next two years to institute policy and bylaws changes to address the issues that have hindered functioning of the Commission. The Commission for Women continues to face membership challenges. The committee consists of 15 members and one alternate including: BACKGROUND: (CONT'D) Five district representatives, (one from each supervisorial districts) Ten At Large members, and One At-Large Alternate. CONSEQUENCE OF NEGATIVE ACTION: Failure to fill vacant advisory body seats will reduce public input. CHILDREN'S IMPACT STATEMENT: NA ATTACHMENTS CCCWG Roster as of December 2020 Application - Jones Contra Costa County, CA Contra Costa Commission for Women and Girls Position At-Large 1 Michelle Brown 1st Term Apr 24, 2018 - Feb 28, 2021 Position At-Large 2 Rosa Argentina Davila-Luevano 2nd Term Mar 14, 2017 - Feb 28, 2021 Position At-Large 3 Dayanna Macias-Carlos 2nd Term Mar 01, 2019 - Feb 28, 2023 Position At-Large 4 Lanita Mims 1st Term Nov 06, 2018 - Feb 28, 2021 Position At-Large 6 Ariana J Rickard 1st Term Oct 23, 2018 - Feb 28, 2022 Position At-Large 7 Phyllis Gordon 2nd Term Mar 14, 2017 - Feb 28, 2021 Position At-Large 8 Shailaja Dixit 1st Term Sep 15, 2020 - Aug 24, 2024 Board Roster Contra Costa Commission for Women and Girls Page 1 of 3 Position At-Large 9 Michelle Hernandez 1st Term Nov 05, 2019 - Feb 28, 2023 Position At-Large 10 Silvia Young 1st Term Mar 01, 2018 - Feb 28, 2022 Position District I Joey Smith 2nd Term Mar 01, 2019 - Feb 28, 2023 Position District II Kelly Clancy 1st Term Sep 10, 2019 - Feb 28, 2023 Position District IV Hannah R Brown 1st Term Oct 13, 2020 - Feb 28, 2022 Position District V Kirsten Upshaw 2nd Term May 09, 2017 - Feb 28, 2021 Position At-Large Alternate Vacancy Position District III Vacancy Contra Costa Commission for Women and Girls Page 2 of 3 Position At-Large 5 Vacancy Contra Costa Commission for Women and Girls Page 3 of 3 Submit Date: Jul 07, 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? None Selected Education Select the option that applies to your high school education * High School Diploma College/ University A Name of College Attended McGill University Degree Type / Course of Study / Major BSc Microbiology&Immunology Degree Awarded? Yes No College/ University B Name of College Attended The Rockefeller University Catherine L.Jones Walnut Creek CA 94597 Home: Catherine L. Jones Page 1 of 4 Degree Type / Course of Study / Major PhD Virology 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? Commission for Women: 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? Catherine L. Jones Page 2 of 4 Upload a Resume Please explain why you would like to serve on this particular board, commitee, or commission. I am interested in joining the Commission for Women & Girls. We know that the COVID-19 crisis is having an outsized impact on women. Women are suffering economic setbacks not only from lost jobs, but also from increased unpaid responsibilities. Women are the majority of US essential workers; in Contra Costa this is reflected in the fact that 52% of COVID-19 cases are in women. I am interested in joining the Contra Costa Commission for Women & Girls to help advocate for the unique needs of women as we weather this crisis. 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. Moms Demand Action for Gun Sense in America - Lamorinda Chapter Membership and Welcome Call Lead - Gun Sense Action Network Volunteer Outreach calling team - Gun Sense Action Network Voter Outreach calling team Elementary School writing workshop parent volunteer Get out the vote postcards, phone banking, and texting Describe your qualifications for this appointment. (NOTE: you may also include a copy of your resume with this application) I am a scientist, immigrant, and mother raising two young daughters in Walnut Creek. I became a US citizen in 2017 after living in the US for almost twenty years. Prior to immigrating, I lived in the United Kingdom, Canada, Papua New Guinea, and Thailand. Professionally, I am trained as a virologist. I received my PhD in infectious diseases from The Rockefeller University in New York, where I studied the molecular biology of hepatitis C virus. I continued working at Rockefeller as a Laboratory Manager, and helped to secure several million dollars in funding for infectious disease research. I then became a Program Manager at Seeding Labs, a non-profit that enables access to scientific careers for aspiring researchers across the globe. I went on to become an Associate Director at Novartis Institutes for BioMedical Research in Emeryville, where I worked to discover antibiotics, antivirals, and anti-malarial drugs. I now have my own business as a consultant to the biotech industry. I currently contribute to my community as Membership co-lead for the Lamorinda Moms Demand Action group. I also volunteer with a number of get out the vote efforts, including postcards, phone banking, and texting. Thank you so much for your consideration. Conflict of Interest and Certification Jones_Catherine_CV_2020.pdf Catherine L. Jones 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 Catherine L. Jones Page 4 of 4 RECOMMENDATION(S): RECOMMEND that the Board of Supervisors, appoint Pa'tanisha Davis to At-Large Seat 1 expiring on September 30, 2022 on the Family and Children's Trust Committee, as recommended by the Family and Human Services Committee. FISCAL IMPACT: NA BACKGROUND: At-Large Seat 1 was declared vacant on January 5, 2021 upon transition of a FACT Committee member to the vacant District II Seat. The FACT Committee voted on November 2, 2020 to recommend appointment of Pa'tanisha Davis to At-Large Seat 1 contingent upon seat vacancy. Candidates for appointment to the FACT Committee typically serve a two-year term. The At-Large Seat 1 currently has a term expiration of September 30, 2022. CONSEQUENCE OF NEGATIVE ACTION: Failure to fill vacant advisory body seats will reduce public input. CHILDREN'S IMPACT STATEMENT: NA APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dennis Bozanich 925-655-2050 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 34 To:Board of Supervisors From:Monica Nino, County Administrator Date:February 2, 2021 Contra Costa County Subject:Appointments to FACT ATTACHMENTS Application - Davis FACT Roster - January 2021 FACT RO STER January 2021 - DRAFT Committee Seats (5) At-Large Members (5) District Seats (5) 1. First 5 Commission Exp. 09/30/2022 Lisa R. Johnson 1485 Civic Court, Ste 1200 Concord, CA 94520 P: (925) 771-7314 lrjohnson@firstfivecoco.org 2. School Representative Exp. 09/30/2022 Karin Kauzer 880 Juanita Drive Walnut Creek, CA 94595 C: (925) 256-8835 P: (925) 818-5437 karinkauzer@gmail.com 3. Child Development Early Childhood Education/Local Planning Council Exp. 09 /30/2022 Micaela Mota 1427 Mariposa Street Richmond, CA 94804 P: (510) 778-4304 micaelamota26@gmail.org 4. Child Abuse Prevention Council Exp . 09/30/2021 Carol Carrillo, MSW 2120 Diamond Blvd., Ste. 120 Concord, CA 94520 O : (925) 798-0546 (707) 853-6024 F : (925) 798-0756 ccarrillo@capc-coco.org 5. Mental Health Exp. 09/30/2021 Dr. Allyson Mayo O : (925) 818-8062 alllymayo @hotmail.com 1. Pa’tanisha Davis Exp. 09/30/202 2 1889 Lunger Driv e Brentwood , CA 94513 C: (510) 388-0611 pat@keycounselpc.com 2. Katie Callahan Cisco Exp. 09/30/202 2 1871 Renee Way Concord, CA 94521 P: (925) 408-4285 princesspekoe@gmail.com 3. David Leimsieder Exp. 09/30/2021 161 N. Civic Drive Walnut Creek, CA 94596 P: (520) 981-6554 daveleimsieder@berkeley.edu 4. Joseph DeLuca Exp. 09/30/2021 3559 South Silv er Springs Rd. Lafayette, CA 94549 C: (510) 917-4772 jdeluca@itoptimizers.com 5. Jennifer Early Exp. 09/30/2022 1819 Butte Street Richmond, CA 94804 C: (510) 260-5623 jennifer.early@ousd.org District I Exp. 09/30/2021 Supervisor John Gioia Richard Bell 2316 Humboldt Avenue El Cerrito, CA 94530 C: (510) 932-1661 bellr445@gmail.com District II Exp. 09/30/2021 Supervisor Candace Anders en Mary Flott Exp. 09/30/2022 2718 Round Hill Drive Alamo, CA 94507 C: (510) 517-8797 H: (925) 831-1856 flottmary@gmail.com District III Exp. 09/30/202 2 Supervisor Diane Burgis Vacant District IV Exp. 09/30/2021 Supervisor Karen Mitchoff PENDING Vacancy District V Exp. 09/30/2021 Supervisor Federal Glover Vacant Staff to FACT (2) Elaine Burres 40 Douglas Drive Martinez, CA 94553 O: (925) 608-4960 eburres@ehsd.cccounty.us Laura Malone (temp) 40 Douglas Drive Martinez, CA 94553 O: (925) 608-4943 malonl@ehsd.cccounty.us Reception: (925) 608-5000 DRAFT - Updated January 12, 2021 Blue Highlights represent Appointments or Vacancies Pending Final Approvals in January /February 2021 RECOMMENDATION(S): APPOINT Carolyn Considine as a non-voting Youth Advisor on the Arts and Culture Commission for a one-year term, as recommended by the Family and Human Services Committee. Consider with Agenda Item C. 91. FISCAL IMPACT: NA BACKGROUND: On January 4, 2021, the Arts and Culture Commission approved the recommendation to appoint Carolyn Considine as a non-voting Youth Advisor for a one-year term. Family and Human Services Committee considered and recommended the Board approve this appointment. Separately today, the Board is considering an item to create two non-voting youth members for the Arts and Culture Commission. The commission is requesting that the Bylaws be modified to add two non-voting Youth Advisor members. Each Youth Advisor will be a high school or college student. Each Youth Advisor will be interviewed and recommended by the Commission for appointment by the Board of Supervisors for a one-year term. Additionally, each Youth Advisor will perform a Commission-approved service project during their respective term. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dennis Bozanich 925-655-2050 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 35 To:Board of Supervisors From:Monica Nino, County Administrator Date:February 2, 2021 Contra Costa County Subject:Appointment to the Arts and Culture Commission BACKGROUND: (CONT'D) The Youth Advisors will be expected to attend all Commission meetings and other Commission activities as needed. CONSEQUENCE OF NEGATIVE ACTION: Failure to fill vacant advisory body seats will reduce public input. CHILDREN'S IMPACT STATEMENT: NA ATTACHMENTS Application - Considine Submit Date: Jan 25, 2021 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 * None of the above College/ University A Name of College Attended Degree Type / Course of Study / Major Degree Awarded? Yes No College/ University B Name of College Attended Degree Type / Course of Study / Major Carolyn Considine Lafayette CA 94549 Home: ( Carolyn Considine 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? Arts & Culture Commission: Submitted Seat Name Youth Council Leader 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? 4 or so Carolyn Considine Page 2 of 4 Upload a Resume Please explain why you would like to serve on this particular board, commitee, or commission. I have been working as a volunteer for the Contra County Arts and Culture Commission for the last year. During this time, I've had the opportunity to lead a number of youth related projects including an in-person Youth Art Café, a virtual Art Café, a virtual online gallery (with over 100 youth artists) and most recently a collaborative art project called "Project We." I am passionate about the arts and believe they can be a force for good in our world. It has been wonderful to work with the AC5 team and I hope that will continue moving forward! 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. I co-founded a volunteer organization called Meaningful Teens that provides virtual tutoring for low income children during COVID. We have tutored over 300 students across several states since the organization started in March of last year. Describe your qualifications for this appointment. (NOTE: you may also include a copy of your resume with this application) Per the above, I have led a number of art related events for the youth in Contra Costa County through AC5 including two art panels, a virtual gallery of high school art in the county, and a collaborative art project that was filmed. My family is very involved in the arts and I would like to pursue art history in college. 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: CarolynConsidine2019.docx Carolyn Considine 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 Carolyn Considine Page 4 of 4 Carolyn Considine EXPERIENCE Viva Español Summer Camp, Lafayette, CA — Teen volunteer Summer 2018 Assisted and cared for children aged 5 to 10 years old, introducing various crafts and games while teaching basic Spanish. Friends Games and Play, Diablo, CA — Organizer & volunteer Summer 2018 Orchestrated a weekly group of five teen volunteers to engage with autistic teens through card games, drawing, and piano, all while socializing and teaching them interactive skills. Girl Scouts, Bay Area 2016 - Present Currently coordinating with our troop, a project of girl empowerment by conducting surveys and designing an enabling message for girls at local schools. EDUCATION Stanford OHS, Palo Alto, CA September 2016 - Present Attended middle school and currently a freshman at Stanford Online High School. PROJECTS Concord Review article researching Independently starting to research the history of the Irish Troubles after visiting Northern Ireland and the Peace Walls. I hold dual citizenship with Ireland. STATEMENT As a volunteer at the Fine Arts Museums of San Francisco, I would enthusiastically participate in any assignment. I would bring a fresh SKILLS Social media Babysitting/good with children Coding with Python and Arduino Google Docs Enjoy art history, travel, museums, design, helping people, and reading LANGUAGES Spanish level 3 Beginning Portuguese perspective to this opportunity, one that would resonate with young adults and encourage them to develop an appreciation for the fine arts. RECOMMENDATION(S): APPOINT, in lieu of election, Reginald Powell, Woodland, CA 95776, as Alternate Safety Member #7 of the Contra Costa County Employees' Retirement Association Board of Trustees to a term ending June 30, 2023. FISCAL IMPACT: None BACKGROUND: For the election scheduled April 6, 2021, only one candidate filed for the vacant seat of Alternate Safety Member #7 of the Contra Costa County Retirement Board. Election Code section 10515 requires that candidates who filed for an office for which the number of candidates equaled or did not exceed the number required to be elected, be "Appointed-in-Lieu of Election" by the Board of Supervisors as if they were elected. CONSEQUENCE OF NEGATIVE ACTION: Should the Board take no or negative action, the candidate will not be sworn in as provided by law. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Rosa Mena, 925.335.7806 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 36 To:Board of Supervisors From:Deborah R. Cooper, Clerk-Recorder Date:February 2, 2021 Contra Costa County Subject:APPOINT, In-Lieu of Election, Member of the Contra Costa County Retirement Board RECOMMENDATION(S): APPROVE Appropriation and Revenue Adjustment No. 005021 and AUTHORIZE the transfer of appropriations in the amount of $75,000 from Road Maintenance to ISF Fleet Services for the purchase of two (2) trucks, as recommended by the Public Works Director, Countywide. FISCAL IMPACT: This action increases appropriations in ISF Fleet services (fund 150100) and reduces appropriations in Road Maintenance (fund 110800) by $75,000. (100% Fleet Internal Service Fund) BACKGROUND: The Public Works Road Maintenance Division is replacing two pick-up trucks previously deadlined. The purchase of the vehicles was included in the FY 2020/21 Roads capital budget. CONSEQUENCE OF NEGATIVE ACTION: If not approved, the Road Maintenance Division will not be able to purchase vehicles needed to provide services throughout the County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District 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 Gonsalves (925) 313-2123 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 37 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 2, 2021 Contra Costa County Subject:Appropriation & Revenue Adjustment for the purchase of Road Maintenance vehicles AGENDA ATTACHMENTS TC24/27_AP005021 MINUTES ATTACHMENTS Signed: Appropriations & Adjustments No. 5021 RECOMMENDATION(S): APPROVE Fiscal Year (F/Y) 2020/21 Appropriation and Revenue Adjustment No.005023 in the amount of $4,910,670 to add the cost and revenue for the completion of the Buchanan Field runway 14L/32R reconstruction project. FISCAL IMPACT: No impact to the County General Fund. The project was funded as follows: $4,462,190 Federal Aviation Administration Grant Funds, $150,000 State Match Grant Funds remaining $298,480 Airport Enterprise Fund. BACKGROUND: The Airports Division applied for and received Federal Aviation Administration Grant funds in the amount of $5,316,232 and State Match Grant Funding of the maximum amount of $150,000 to cover the capital expenditure for the reconstruction of runway 14L/32R at Buchanan Field Airport. The entire project was estimated to cost $5,906,924 and expected to start in early April 2020. As such, the expectation was for the project expenditures to be incurred during the 19/20 budget. Due to Covid-19 and shelter in place orders, however, the project was delayed in starting and then stalled on various occasions due to inability for the contractor to obtain needed materials and equipment. As a result, the project expenditures anticipated in FY 2019/20 were actually incurred in the current 20/21 fiscal year. The appropriation is needed to accurately reflect the expense and revenue in our current year budget. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Beth Lee (925) 681-4200 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 38 To:Board of Supervisors From:Keith Freitas, Airports Director Date:February 2, 2021 Contra Costa County Subject:ADJUST REVENUE FROM FAA GRANT, STATE MATCH GRANT AND AIRPORT CASH FUND AND APPROPRIATION FOR EXPENDITURES AT CCR FOR FY 2020/21 CONSEQUENCE OF NEGATIVE ACTION: If not approved, the Airport Enterprise Fund budget will be out of balance as expenditures will far exceed current Airport budget and revenues will be understated. AGENDA ATTACHMENTS TC24/27_AP005023 MINUTES ATTACHMENTS Signed: Appropriations & Adjustments No. 5023 RECOMMENDATION(S): ADOPT Resolution No. 2021/39 transitioning the Contra Costa County Civil Grand Jury from a fiscal year to calendar year term in 2021 and back to a fiscal year term beginning July 2022, pursuant to California Penal Code section 905.5(b). FISCAL IMPACT: The 2021/22 civil grand jury budget of $156,000 may be under-expended by an undetermined amount since the grand jury will be active for only six months of the 2021/22 fiscal year. BACKGROUND: Every county is required to have a civil grand jury. The grand jury is an autonomous body that has statutorily prescribed duties, which primarily involve investigating local government operations. The Contra Costa County Civil Grand Jury operates on a fiscal year basis from July to June. Accordingly, as the COVID-19 public health crisis emerged in February 2020, the Grand Jury was still in the process of conducting its investigations and completing its reports for the 2019/20 fiscal year. During this same time, the Presiding Judge of the Superior Court was in the process of soliciting applications and evaluating qualifications for the fiscal year 2020/21 grand jury. The Grand Jury’s ability to complete its work and the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District 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: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Superior Court CEO, CAO - Enea C. 39 To:Board of Supervisors From:Monica Nino, County Administrator Date:February 2, 2021 Contra Costa County Subject:TRANSITIONING THE CONTRA COSTA COUNTY CIVIL GRAND JURY FROM A FISCAL YEAR TO CALENDAR YEAR TERM AND BACK AGAIN BACKGROUND: (CONT'D) Court’s efforts to identify a succeeding grand jury were impacted by the COVID-19 pandemic, and the Court was unable to impanel a new grand jury until December 11, 2020. Pursuant to Penal Code section 905.5(b), a county board of supervisors may change the fiscal year grand jury term to a calendar year term and provide for an appropriate transition for the current grand jury. The proposed resolution will authorize the Contra Costa County Civil Grand Jury to transition to a calendar year term in 2021 to address the challenges created by the COVID-19 public health crisis, enable the current grand jury to service for a one-year term, and then transition back to a fiscal year term in 2022 to coincide with the County budgeting basis. The Court requested and supports this recommended action. CONSEQUENCE OF NEGATIVE ACTION: The Grand Jury’s term of the newly impaneled jury would be only six months and not sufficient to fulfill their role and responsibility. Also, the Superior Court would have difficulty in impaneling a succeeding grand jury in July 2021 as currently required. AGENDA ATTACHMENTS Resolution 2021/39 MINUTES ATTACHMENTS Signed Resolution No. 2021/39 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/02/2021 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/39 IN THE MATTER OF TRANSITIONING THE CONTRA COSTA COUNTY CIVIL GRAND JURY FROM A FISCAL YEAR TO CALENDAR YEAR IN 2021, AND THEN RETURNING TO A FISCAL YEAR TERM IN 2022, PURSUANT TO CALIFORNIA PENAL CODE SECTION 905.5(b) WHEREAS, the Contra Costa County Civil Grand Jury is an independent arm of the Superior Court of California, but the Contra Costa County Board of Supervisors has some legislative control over the Grand Jury; and WHEREAS, Article I, Section 23 of the California Constitution requires that "[o]ne or more grand juries shall be drawn and summoned at least once a year in each county"; and WHEREAS in Contra Costa County, the Grand Jury operates on a fiscal year term from July to June (Cal. Pen. Code section 905.5(a)); and WHEREAS, California Penal Code section 905.5(b) permits a county board of supervisors to authorize that a grand jury be impaneled and serve on a calendar year basis instead of a fiscal year basis and that, during this transition from a fiscal-year to a calendar-year term, the current grand jury may serve for up to 18 months; and WHEREAS, because of the COVID-l9 pandemic, the Superior Court was hindered in its efforts to evaluate the qualifications of potential succeeding grand jurors, undertake the selection process, and prepare for the empanelment of a 2020/21 civil grand jury and, consequently, did not impanel that jury until December 11, 2020; and WHEREAS, the duties and responsibilities of the current grand jury can best be accomplished if the Grand Jury term is moved from a fiscal year to a calendar-year term to allow the current Grand Jury an additional six months, through December 31, 2021, to complete its duties and responsibilities; and WHEREAS, the Superior Court and County desire to return to transition the civil grand jury back to a fiscal year term beginning in July 2022; NOW, THEREFORE, BE IT RESOLVED that, pursuant to Penal Code section 905.5(b), the term of the current Civil Grand Jury in Contra Costa County shall be transitioned to a calendar year term and extended through December 31, 2021; and BE IT FURTHER RESOLVED that the succeeding Civil Grand Jury in Contra Costa County will transition back to a fiscal year term beginning July 1, 2022. 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: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Superior Court CEO, CAO - Enea RECOMMENDATION(S): APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute the Unpaid Student Training Agreement with UC Berkeley Goldman School of Public Policy. FISCAL IMPACT: There is no financial cost to the County outside of staff time to supervise the Goldman School Student. BACKGROUND: The UC Berkeley Goldman School of Public Policy conducts a client-based policy analysis training program for its public policy students pursuing Master’s degrees, in cooperation with various local agencies and nonprofit organizations. Through enrollment in this program, Goldman School students will receive field experience and instruction from the Contra Costa County Department of Conservation and Development (DCD) and the County will receive assistance in achieving its Climate Action Plan goals. The participating student will evaluate financing alternatives for private property owners seeking to install energy efficiency improvements on their property, thereby reducing greenhouse gas emissions as set forth in the County's Climate Action Plan. The agreement specifies that this is an unpaid student training program, and students are not employees of the County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jody London, 925-674-7871 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 40 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 2, 2021 Contra Costa County Subject:Agreement with UC Berkeley Goldman School of Public Policy for Student Training Program CONSEQUENCE OF NEGATIVE ACTION: Failure to authorize this agreement would deprive the County of a graduate level research project that supports the County's goals in clean energy and environmental sustainability. ATTACHMENTS Program Plan Agreement Between County and Goldman School PROGRAM PLAN Number 26– Initials:__________ ____________ Contractor County Dept. -1- 1.Purpose of the Program. The University of California, Berkeley, Goldman School of Public Policy (hereinafter referred to as “Goldman School”) conducts a client-based policy analysis training program for its public policy students pursuing Master’s degrees, in cooperation with various local agencies and non- profit organizations. The Contractor desires to have its students enrolled in this program to receive field experience and instruction from the Contra Costa County Department of Conservation and Development (County), and the County is willing to provide such experience and instruction under the terms and conditions hereinafter set forth. Therefore, the parties will undertake a program whereby such instruction and experience will be provided in accordance with this Agreement (Program), mutually agreed to by the parties. 2.Goldman School’s Obligations. Goldman School shall: a. Advertise opportunities for student participation in the Program conducted pursuant to this Agreement (Participants). b. Participants will apply to the County through the process and portal established by the Goldman School; g. The Goldman School will retain ultimate responsibility for the education of its students. 3.County’s Obligations. County shall: a. Develop projects for which student analysis is needed, and submit those project proposals through the process and portal established by the Goldman School; b. Determine which student(s) will be selected from among those who apply; c. Develop a written project scope, timeline, and objectives, through collaboration with the student(s) and Goldman School; d. Meet with the student(s) on a regular basis, ideally weekly, to discuss project progress and identify information needed to meet the objectives of the project; e. Have the right to terminate the participation of any student in the program for failure to follow the instructions of County, or for any other lawful reason. In the event of such termination, County shall give prompt written notice to the Goldman School. 4.Joint Obligations. County and Contractor shall jointly: a. Communicate about opportunities to submit projects for which students can apply, according to the schedule developed by the Goldman School as part of its Advanced Policy Analysis, Capstone Analytic Project, and Introduction to Policy Analysis classes; b. Plan for periodic review of this Agreement. CCC PROGRAM PLAN Number 26– Initials:__________ ____________ Contractor County Dept. -2- 5.Participants’ Obligations. The Goldman School shall ensure that its students: a. Execute the County’s Unpaid Student Training Participant Agreement (attached as Exhibit A hereto) upon acceptance by the County for a project; b. Abide by County policies and regulations; c. Conduct themselves in an appropriate professional manner consistent with responsibility. 6.Contractor, County and Participant Agreement. Students are not entitled to reimbursement by County for expenses associated with the use of personal vehicles while engaged in the Program covered by this Agreement. Participants are not entitled to any compensation from County during their participation in the Goldman School’s Program, unless specifically agreed upon. Participants may receive course credit from Goldman School for their participation in the Program covered by this Agreement. CCC EXHIBIT A Contra Costa County UNPAID STUDENT TRAINING PARTICIPANT AGREEMENT The County of Contra Costa (“County”) and the Participant named below agree as follows: 1. Participant will engage in training for a County department pursuant to a contract between the County and a contractor sponsoring the Participant, hereinafter the “Training Program.” 2. Participant agrees that in connection with Training Program, Participant is a volunteer, and will obtain no employment rights or employment benefits from the County and waives any claim to any employment rights or employment benefits from the County based upon Participant's training services, whether or not authorized under such contract. Participant is not entitled to any monetary compensation or expense reimbursement from County for participation in Training Program; Participant acknowledges that his/her participation in the Training Program is for his/her personal benefit and solely for educational purposes, and that he/she may receive course credit from the educational institution at which he/she is enrolled. 3. Participant further agrees that he/she has read and understands the Unpaid Student Training Agreement (identified in paragraph 8, below) between the County and Participant's sponsoring contractor. 4. County or Participant may terminate this agreement upon three day's notice, or without prior notice by mutual consent or for cause. Otherwise this agreement terminates upon termination of the Contract between the County and Participant's sponsoring contractor. 5. The term of this agreement commences on the date that it is executed by both the County and Participant and terminates on the date that Participant completes his/her assigned placement in the Conservation and Development Department under the contract between the County and the Contractor identified in Paragraph 8 below. 6. Neither the County nor any agent, officer, servant, or employee of the County shall undertake or incur any liability or other responsibility respecting the quantity, quality, kind, or value of the training of Participant and no warranty, express or implied, shall exist in that regard. 7. Entire Contract. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 8.Identification of Unpaid Student Training Agreement:Number Contractor University of California, Berkeley, Goldman School of Public Policy County Department Conservation and Development CONTRA COSTA COUNTY PARTICIPANT (Printed Name) By (Designee)(Signature) Cecille C. Cabacungan EXHIBIT A Contra Costa County UNPAID STUDENT TRAINING PARTICIPANT AGREEMENT The County of Contra Costa (“County”) and the Participant named below agree as follows: 1. Participant will engage in training for a County department pursuant to a contract between the County and a contractor sponsoring the Participant, hereinafter the “Training Program.” 2. Participant agrees that in connection with Training Program, Participant is a volunteer, and will obtain no employment rights or employment benefits from the County and waives any claim to any employment rights or employment benefits from the County based upon Participant's training services, whether or not authorized under such contract. Participant is not entitled to any monetary compensation or expense reimbursement from County for participation in Training Program; Participant acknowledges that his/her participation in the Training Program is for his/her personal benefit and solely for educational purposes, and that he/she may receive course credit from the educational institution at which he/she is enrolled. 3. Participant further agrees that he/she has read and understands the Unpaid Student Training Agreement (identified in paragraph 8, below) between the County and Participant's sponsoring contractor. 4. County or Participant may terminate this agreement upon three day's notice, or without prior notice by mutual consent or for cause. Otherwise this agreement terminates upon termination of the Contract between the County and Participant's sponsoring contractor. 5. The term of this agreement commences on the date that it is executed by both the County and Participant and terminates on the date that Participant completes his/her assigned placement in the Conservation and Development Department under the contract between the County and the Contractor identified in Paragraph 8 below. 6. Neither the County nor any agent, officer, servant, or employee of the County shall undertake or incur any liability or other responsibility respecting the quantity, quality, kind, or value of the training of Participant and no warranty, express or implied, shall exist in that regard. 7. Entire Contract. This Agreement contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 8. Identification of Unpaid Student Training Agreement: Number Contractor University of California, Berkeley, Goldman School of Public Policy County Department Conservation and Development CONTRA COSTA COUNTY PARTICIPANT (Printed Name) By (Designee) (Signature) Leo Steinmetz 1/18/2021 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 25651 to reallocate the salary of the Sheriff's Crime Analyst (64VA) (represented) classification and its incumbents on the Salary Schedule from V#5 1002 ($6,038.45 - $7,523.27) to V#5 1002 ($6,516.56 - $8,316.97) in the Office of the Sheriff. FISCAL IMPACT: The maximum cumulative annual impact is $66,470 of which $39,386 is increased retirement cost. No Net County Cost. 100% of cost funded from P-6 CAB revenue. BACKGROUND: The Sheriff's Crime Analyst position's responsibilities have expanded significantly over the years with advancements of technology and the legislative reporting requirement placed upon law enforcement. The crime analysts are now required to be certified as Crime and Intelligence Analysts through the California Department of Justice.The crime analysts are now court recognized experts in the field of cellular call data analysis and routinely provide court testimony in homicide gang, and sexual assault cases. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Mary Jane Robb (925) 655-0005 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 , County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Sylvia Wong Tam, MJ Robb C. 41 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:February 2, 2021 Contra Costa County Subject:Reallocate the Salary of the Sheriff Crime Analyst Classification BACKGROUND: (CONT'D) Due to the expansion of responsibilities and certification requirements the classification is now expected perform, the Office requests that the classification's salary schedule be reviewed to bring it more inline with the expanded duties as well as become more equitable with comparable jurisdictions. CONSEQUENCE OF NEGATIVE ACTION: The Office of the Sheriff may be detrimentally impacted by the loss of highly trained personnel and would continue to experience difficulty retaining and attracting candidates. AGENDA ATTACHMENTS P300 No. 25261 MINUTES ATTACHMENTS Signed P300 25651 POSITION ADJUSTMENT REQUEST NO. 25651 DATE 7/17/2020 Department No./ Department Office of the Sheriff Budget Unit No. 0255 Org No. 2535 Agency No. 25 Action Requested: Reallocate salary of Sheriff's Crime Analyst (64VA) and its incumbents from ($6,038.45 - $7,523.27) to ($6,516.56 - $8,316.97). Proposed Effective Date: 9/1/2020 Classification Questionnaire attached: Yes No / Cost is within Department’s budget : Yes No Total One-Time Costs (non-salary) associated with request: $0.00 Estimated total cost adjustment (salary / benefits / one time): Total annual cost $66,470.64 Net County Cost $0.00 Total this FY $60,931.42 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT Revenue From P -6 CAB Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Mary Jane Robb ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASE D TO HUMAN RESOURCES DEPARTMENT Paul Reyes 11/12/2020 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 1/11/2021 Reallocate salary of Sheriff's Crime Analyst (64VA) and its incumbents from V#5 1002 ($6,038.45 - $7,523.27) to ($6,516.56 - $8,316.97). Am end Resolution 71/17 establishing positions and resolutions allocating cl asses to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) Genesis Duenas 01/11/2021 ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 1/28/2021 Approve Recommendation of Director of Human Res ources Disapprove Recommendation of Director of Human Resources Paul Reyes Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALA RY 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 1/28/2021 No. 25651 1. Project Positions Requested: 2. Explain Specific Duties of Position(s ) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year-to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefit s Costs : b. Support Cost s : (services, supplies, equipment, etc.) c . Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in term s of: a. potential future costs d. political implications b. legal implications e. organizational implications c . financial implications 7. Briefly describe the alternative approaches to delivering the services which you have con s 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 Resourc es Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 25686 to add one (1) Contract and Grants Specialist I (XQWA) position at salary plan and grade ZB5 1329 ($4,904 - $5,961) in the Finance Division of the Health Services Department. (Represented) FISCAL IMPACT: This request has an annual cost of $126,675, which includes a $27,742 pension cost. The position will be funded 100% by Hosptial Enterprise Fund I revenues. BACKGROUND: The Contract and Grants Unit of the Finance Division has experienced a workload increase of over 450 additional annual transactions. The Contract and Grants Unit is responsible for critical contracted professional services for all divisions of the Health Services Department. If professional services contracts are not processed in a timely manner, services to the community cannot be provided and payments to contractors will be delayed. The Department’s Chief Financial Officer (CFO) has requested that the turnaround time for contracts be reduced from 6-8 weeks to 3-4 weeks. This administrative change to turnaround times allows the Department to ramp up its ability to obtain contracts for much needed services, and required additional APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Mary Jane De Jesus-Saepharn, 925-957-5240 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 42 To:Board of Supervisors From:Anna Roth, Health Services Date:February 2, 2021 Contra Costa County Subject:Add one Contract and Grants Specialist I position in the Health Services Department BACKGROUND: (CONT'D) staff. At the current staffing levels, the Contracts and Grants Unit is not able to comply with the shorter turnaround times and is therefore requesting the additional Contracts and Grants Specialist I position. CONSEQUENCE OF NEGATIVE ACTION: The Contracts and Grants Unit will not have adequate staff to comply with the processing new turnaround timeframes. AGENDA ATTACHMENTS P300 No. 25686 HSD MINUTES ATTACHMENTS Signed P300 25686 POSITION ADJUSTMENT REQUEST NO. 25686 DATE 12/21/2020 Department No./ Department Health Services Budget Unit No. 0540 Org No. 6546 Agency No. A18 Action Requested: Add One (1) Contract and Grants Specialist I (XQWA) position in the Health Services Department Proposed Effective Date: 2/3/2021 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary ) associated with request: $0.00 Estimated total cost adjustment (salary / benefits / one time): Total annual cost $126,674.89 Net County Cost $126,674.89 Total this FY $63,337.45 N.C.C. this FY $63,337.45 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% Hospital Enterprise Fund I Department must initiate necessary adj ustment and submit to CAO. Use additional sheet for fur ther explanations or comments. Mary Jane De Jesus -Saepharn ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Sarah Kennard for 1/25/2021 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE Exempt from Human Resources review under delegated authority. Am end Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RE COMMENDA TION: DATE 1/27/2021 Approve Recommendation of Director of Human Res ources Disapprove Recommendation of Director of Human Resources Enid Mendoza Other: Approve as recom mended by the department.__ ___________________________________ (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 DEPARTMEN T FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 REQUEST FOR PROJECT POSITIONS Department Date 1/27/2021 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 & Benefits Costs : b. Support Cost s : (services, supplies, equipment, etc.) c . Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c . financial implications 7. Briefly describe the alternative approaches to delivering the services which you have consi dered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report i s to be s ubmitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current jo b 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 25682 to add one Account Clerk Advanced Level (JDTD) (represented) position at Salary Plan and Grade 3RX 1133 ($4,028 - $5,144) in the Accounts Payable Section of the Office of the Auditor-Controller. FISCAL IMPACT: The annual cost, including benefits, would total $79,287. This includes pension costs of $12,952. 100% General Fund. BACKGROUND: The Office of the Auditor-Controllers Accounts Payable section is responsible for processing the vendor payment for all County departments and some non-county agencies. Due to the ongoing challenges of processing timely payments the Auditor Controller has identified an ongoing need to add one Account Clerk Advanced Level position. The recommended additional position will provide the staffing needed to respond to ongoing needs of the department. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Haj Nahal, (925) 335-8600 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Sylvia Wong-Tam, Haj Nahal C. 43 To:Board of Supervisors From:Robert Campbell, Auditor-Controller Date:February 2, 2021 Contra Costa County Subject:Add One (1) Account Clerk Advanced Level Position CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Accounts Payable section of the department will continue to operate with inadequate staffing levels and positions. AGENDA ATTACHMENTS AIR 44308 P300 25682 Add MINUTES ATTACHMENTS Signed P300 25682 POSITION ADJUSTMENT REQUEST NO. 25682 DATE 1/21/2021 Department No./ Department Auditor-Controller Budget Unit No. 0010 Org No. 1010 Agency No. A10 Action Requested: Add one permanent full -time Account Clerk - Advanced level (ADTD) (represented) position at salary plan and grade 3RX ($4028 - $5144) in the Office of the Auditor Controller Accounts Payable Section Proposed Effective Date: 2/2/2021 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 $79,287.00 Net County Cost $79,287.00 Total this FY $33,036.00 N.C.C. this FY $33,036.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% General Fund Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Robert Campbell ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Laura Strobel 1/20/2021 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 1/21/2021 Add one permanent full-time Account Clerk - Advanced level (JDTD) (represented) position at salary plan and grade 3RX 1333 ($4,028 - $5,144) in the Office of the Auditor Controller Accounts Payable Section Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) Brianna Barker 1/21/2021 ___________________________________ ________________ (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 1/27/2021 No. xxxxx 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year -to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefit s Costs : b. Support Cost s : (services, supplies, equipment, etc.) c . Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c . financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resource s Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 25685 to reassign one (1) Assistant Director of Health Services - Exempt (VCB1) position #18046 at salary plan and grade level B82-1991 ($116,826 - $186,765) from Public Health (0450/5752) to Hospital Enterprise Fund I (0540/6549) in the Health Services Department. (Represented) FISCAL IMPACT: The annual cost of this position is approximately $301,915, which includes pension costs of $72,427. If this action is approved, salary and benefit cost expenses, and the respective FTE count, will move from the Public Health Department Budget Unit (0450) to the Hospital Enterprise Fund I Budget Unit (0540). BACKGROUND: The Department is requesting to reassign one Assistant Director of Health Services - Exempt (VCB1) position #18046 and its incumbent from Public Health (Budget Unit #0450/5752) to Hospital Enterprise Fund I (Budget Unit #0540/6549) in the Health Services Department. In July 2020, the position was added and allocated to Public Health in response to COVID-19 staffing needs. Since the department was able to staff COVID-19 response needs through other labor distribution, the Office of the Director used this position in November 2020 to fill its Chief Equity Officer staffing need. As a result, Health Services APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jo-Anne Linares, 957-5240 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 44 To:Board of Supervisors From:Anna Roth, Health Services Date:February 2, 2021 Contra Costa County Subject:Reassign one Assistant Director of Health Services-Exempt position in the Health Services Department BACKGROUND: (CONT'D) Finance has been performing manual accounting adjustments to charge the appropriate Hospital Enterprise Fund I budget for this position. This request will move the position to its appropriate cost center for accurate accounting and budget purposes. The position will support the department's efforts to foster safety, health and wellness in an equitable and meaningful way. CONSEQUENCE OF NEGATIVE ACTION: The position will remain in the incorrect cost center which requires manual accounting adjustments by Health Services Finance staff. AGENDA ATTACHMENTS P300 No. 25685 HSD MINUTES ATTACHMENTS Signed P300 25685 POSITION ADJUSTMENT REQUEST NO. 25685 DATE 01/12/2021 Department No./ Department Health Services Budget Unit No.0450 Org No.5752 Agency No. A18 Action Requested: Reassign Assistant Director of Health Services – Exempt (VCB1) position #18046 from Department #0450 (Public Health) to Department #0540/6549 (Hospital Enterprise) in the Health Services Department. Proposed Effective Date: 2/3/2021 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: $0.00 Estimated total cost adjustment (salary / benefits / one time): Total annual c os t $301,915. Net County Cost $0 Total this FY $100,638 N.C.C. this FY $0 SOURCE OF FUNDING TO OFFSET ADJUSTMENT: 100% Hospital Enterprise Fund I Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Jo-Anne Linares ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Sarah Kennard for 1/25/2021 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE Exempt from Human Resources review under delegated authority. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 1/27/2021 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Enid Mendoza Other: Approve as recommended by the department. ___________________________________ (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 clas s(es) / position(s) as follows: P300 (M347) Rev 3/15/01 REQUEST FOR PROJECT POSITIONS Department Date 1/27/2021 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 y ou have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of t he project duration. This report is to be submitted to the Human Resources Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 25683 to re-title the ADA Manager (AJGA) (unrepresented) classification to ADA Program Manager (AJGA) (unrepresented); reallocate the salary from Salary Plan and Grade B85 1732 ($8,769 - $11,191) to Salary Plan and Grade B85 1732 ($9,383 - $11,975) in the Human Resources Department. FISCAL IMPACT: Total annual cost would be $12,080 (including approximately $2,000 of pension costs). 100% General Fund. BACKGROUND: In 2019 the Americans with Disabilities Act (ADA) Manager position and function transferred from the Risk Management Department to Human Resources. The position was initially filled in January 2020, however the incumbent retired in December 2020. During the exit interview process we received feedback that the job expectations were not aligned with the class specification, and as such Human Resources staff have made changes to the class specifications to more closely align the description with what is needed from this role. As a result, the position has been retitled to ADA Program Manager, and the job specification has been updated to more clearly communicate that APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Tina Pruett (925) 655-2179 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Sylvia Wong Tam, Gladys Scott Reid C. 45 To:Board of Supervisors From:Ann Elliott, Interim Human Resources Director Date:February 2, 2021 Contra Costa County Subject:Re-title the classification of ADA Manager and Reallocate the Salary BACKGROUND: (CONT'D) this role is more focused on policy, process, training, and guidance for Departmental ADA Coordinators, and not the day to day administration of an ADA Accommodation process. Following the update of the job description, a salary study was completed, and a reallocation was suggested in order to provide a salary commensurate with the responsibilities of the position. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the County will have difficulty attracting and retaining highly qualified candidates to perform this critical and legally mandated work. AGENDA ATTACHMENTS P300 25683 AIR 44428 ADA Manager MINUTES ATTACHMENTS Signed P300 25683 POSITION ADJUSTMENT REQUEST NO. 25683 DATE 1/21/2021 Department No./ Department Human Resources Budget Unit No. Org No. Agency No. Action Requested: Re-title the ADA Manager (unrepresented) classification to ADA Program Manager; reallocate the salary on the Salary Schedule by 7% Proposed Effective Date: ; Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: Estimated total cost adjustment (salary / benefits / one time): Total annual cost $12,080.00 Net County Cost $12,080.00 Total this FY $4,027.00 N.C.C. this FY $4,027.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% General Fund Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 1/19/2021 Re-title the ADA Manager (AJGA) (unrepresented) classification to ADA Program Manager (AJGA) (unrepresented); reallocate the salary on the Salary Schedule from Salary Plan and Grade B85 1732 ($8,769 - $11,191) to Salary Plan and Grade B85 1732 ($9,383 - $11,975) 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 1/19/2021 ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Huma n Resources Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: Monica Nino, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 REQUEST FOR PROJECT POSITIONS Department Date No. 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year -to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c. Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resource s Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY RECOMMENDATION(S): ADOPT Position Adjustment Resolution 25678 to add one (1) Buyer II (STTA) position at salary plan and grade ZB5-525 ($5,955 - $7,238) and cancel one vacant Administrative Services Assistant III (APTA) position at salary plan and grade ZB5-1631 ($6,614 - $8,039) in the Health Services Department. (Represented) FISCAL IMPACT: Upon approval, this action will result in approximate annual cost savings of $14,617 to the Hospital Enterprise Fund I budget. BACKGROUND: The Health Services Information Technology Division (HSIT) requires the addition of a Buyer II position to support the increasing purchasing duties in its Procurement Team. The position will support the department's efforts to enhance and standardize purchasing processes, analyze and develop purchasing specifications for bulk purchasing, and prepare documentation for bids and Request for Proposal solicitations. The additional position will provide adequate staffing to meet the department’s increasing demands for IT equipment and support. HSIT currently has a vacant Administrative Services APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Mary Jane De Jesus-Saepharn, 925-957-5240 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 46 To:Board of Supervisors From:Anna Roth, Health Services Date:February 2, 2021 Contra Costa County Subject:Add One Buyer II position and cancel one Administrative Services Assistant III position in the Health Services Department BACKGROUND: (CONT'D) Assistant III position that has been vacant since November 2019, and has determined there is no longer an operational need for a position in this classification. The Buyer II position is the more appropriate and specialized classification to meet the staffing needs of he Procurement Team. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, HSIT will not have adequate procurement staff to meet the growing technology demands of the Health Services Department. AGENDA ATTACHMENTS P300 No. 25678 HSD MINUTES ATTACHMENTS Signed P300 25678 POSITION ADJUSTMENT REQUEST NO. 25678 DATE 1/6/21 Department No./ Department Health Services Budget Unit No. 0540 Org No. 6555 Agency No. A18 Action Requested: Add one (1) Buyer II (STTA) (represented) and cancel one (1) vacant Administrative Services Assistant III (APTA) (represented) position number 16407, in the Health Services Department. Proposed Effective Date: 02/03/2021 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: $0.00 Estimated total cost adjustment (salary / benefits / one time): Total annual cost ($14,617) Net County Cost $0 Total this FY ($4,872.33) N.C.C. this FY $0 SOURCE OF FUNDING TO OFFSET ADJUSTMENT Cost Savings Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Mary Jane De Jesus -Saepharn ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE Exempt from Human Resources review under delegated authority. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 1/27/2021 Approve Rec ommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Enid Mendoza Other: Approve as recommended by the department. ___________________________________ (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 1/27/2021 No. xxxxxx 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year -to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefit s Costs : b. Support Cost s : (services, supplies, equipment, etc.) c . Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c . financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resource s Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a Second Amendment to Lease with First Baptist Church Head Start to extend the term through June 30, 2021, for continued use as a Head Start facility located at 55 Castlewood Drive, Pittsburg. The annual rent will continue to be $9,000 with nine (9) one-year renewal terms. FISCAL IMPACT: First Baptist Church Head Start will continue to pay rent to the County at an annual rate of $9,000. Lease revenue is deposited to the General Fund. (Budget Unit 0588, Community Services) BACKGROUND: First Baptist Church Head Start has operated a Head Start program at this facility since 1996. Head Start programs promote the school readiness of infants, toddlers, and preschool-aged children from low-income families. The amendment provides First Baptist Church Head Start with continued occupancy for childcare and Head Start programs throughout the Pittsburg community. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Stacey Sinclair, 925. 957-2464 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Auditor Controller C. 47 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 2, 2021 Contra Costa County Subject:APPROVE and AUTHORIZE a lease amendment with First Baptist Church Head Start Program at 55 Castlewood Drive, Pittsburg. CONSEQUENCE OF NEGATIVE ACTION: Not authorizing the amendment for the continued operation of the Head Start facility at this location would require finding another suitable location at increased rent, together with the associated expenses of moving and constructing new tenant improvements. ATTACHMENTS Lease Amendment SECOND AMENDMENT TO LEASE COMMUNITY SERVICES BUREAU FIRST BAPTIST HEAD START 55 CASTLEWOOD DRIVE PITTSBURG, CA This second amendment is dated July 1, 2020 and is between the County of Contra Costa, a political subdivision of the State of California (the “County”) and First Baptist Head Start, a California non-profit corporation (“Lessee”). Recitals A. County and Lessee are parties to a lease dated December 3, 2013, as amended on October 12, 2016 (the “Lease”), under which the County leases to Lessee the property located at 55 Castlewood Drive, Pittsburg, California. B. On November 1, 2019, the parties agreed to extend the term of the Lease on a month-to-month basis. C. The parties now desire to extend the term of the Lease to correspond to the term of a separate contract between the County and Lessee under which Lessee is operating a Head Start program for the County at the Premises (the contract in effect on the Effective Date and each renewal of such contract, the “Service Contract”). Lessee desires to lease the Premises for the purpose of satisfying its obligations under the Service Contract. The parties therefore agree as follows: Agreement 1. Section 2. Term is deleted in its entirety and replaced with the following: 2. Term. The “Term” of this lease is (i) subject to the provisions of Section 29- Termination, and (ii) comprised of an Initial Term and, with the parties’ mutual assent, Renewal Terms, as defined below. a. Initial Term. The “Initial Term” is 7 years, 8 months, commencing on November 1, 2013 (the “Commencement Date”) and ending June 30, 2021. b. Renewal Terms. Lessee has nine options to renew this Lease for a term of one year for each option (each, a “Renewal Terms”) upon all the terms and conditions set forth herein. i. Lessee will provide County with written notice of its election to renew the Lease ninety days prior to the end of the Term. However, if Lessee fails to provide such notice, its right to renew the Lease will not expire until fifteen working days after Lessee’s receipt of County’s written demand that Lessee exercise or forfeit the option to renew. ii. Upon the commencement of a Renewal Term, all references to the Term of this lease will be deemed to mean the Term as extended pursuant to this Section. 2. Termination. If the County terminates the Service Contract for any reason or for no reason, the Term of the Lease will end on the same date that the Service Contract terminates. Upon such termination, Lessee shall surrender the Premises in accordance with Section 15 – Surrender of Premises. 3. All other terms of the Lease remain unchanged. [Remainder of Page Intentionally Left Blank] County and Lessee are causing this second amendment to be executed as of the date set forth in the introductory paragraph. COUNTY COUNTY OF CONTRA COSTA, a political subdivision of the State of California By: Brian M. Balbas Public Works Director LESSEE FIRST BAPTIST HEADSTART, a California non-profit corporation By: Brenda Battle Interim Executive Director RECOMMENDED FOR APPROVAL: By: Jessica L. Dillingham Principal Real Property Agent By: Stacey Sinclair Senior Real Property Agent APPROVED AS TO FORM: SHARON L. ANDERSON, County Counsel By: Kathleen M. Andrus Deputy County Counsel \\PW-DATA\grpdata\realprop\LeaseMgt\Stacey Sinclair\55 Castlewood Dr._Pittsburg_T00523\Second Amendment_55 Castlewood_v2.doc RECOMMENDATION(S): 1. APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a ground lease with the State of California, under which the County will lease from the State the real property located at 1203 W. 10th Street in Antioch through September 30, 2030, for use in the operation of a Head Start program, at an initial rent of $45,204 per year, with annual increases thereafter. 2. APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a sublease with First Baptist Church, under which First Baptist Church will sublease from the County the real property located at 1203 W. 10th Street in Antioch through June 30, 2021, and have nine one-year renewal options for the operation of a Head Start program on behalf of the County, at an initial rent of $45,204 per year, with annual increases thereafter. FISCAL IMPACT: The lease will obligate the County to pay approximately $568,572.00 for rent under the ground lease over the ten-year term. The amount of rent the County is receiving under the sublease is equal to the amount of rent it is paying under the ground lease. (100% General Fund) APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Stacey Sinclair, 925. 957-2464 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Auditor Controller C. 48 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 2, 2021 Contra Costa County Subject:Head Start Operation at 1203 W. 10th Street, Antioch. BACKGROUND: The County has leased the grounds at 1203 W. 10th Street in Antioch from the State since 1999. The County constructed four modular buildings on the site and subleased them to First Baptist Church for the operation of a Head Start program. The term of the ground lease is through September 30, 2030. The sublease has a one-year term with nine one-year renewal options, to tie the sublease to the term of the service contract under which the First Baptist Church operates the Head Start program at the site for the County. If the service contract between the County and First Baptist Church is not renewed or is terminated for any reason, the sublease will terminate, and the County will replace First Baptist Church as the operator of the program and the sub-lessee of the space. Head Start programs promote the school readiness for infants, toddlers, and preschool-aged children from low-income families. The ground lease and sublease provide the County and First Baptist Church Head Start with continued occupancy for childcare and Head Start programs throughout the Antioch community. CONSEQUENCE OF NEGATIVE ACTION: Not authorizing the ground lease and sublease for the continued operation of the Head Start facility at this location would require finding another suitable location at increased rent, together with the associated expenses of moving and constructing new tenant improvements. ATTACHMENTS Sublease Ground Lease 1 SUBLEASE FIRST BAPTIST CHURCH HEADSTART 1203 W. 10th Street Antioch, California This lease is dated July 1, 2020, and is between the COUNTY OF CONTRA COSTA, a political subdivision of the State of California (“County”) and FIRST BAPTIST CHURCH HEAD START, a California non-profit corporation (“Sublessee”). Recitals A. The County and the 23rd District Agricultural Association (the “Master Lessor”) are parties to a ground lease dated _____________, under which the County is leasing from the Master Lessor the real property located at 1203 W. 10th Street in Antioch, California (the “Property”). B. The County and Sublessee are parties to a service contract dated July 1, 2020, under which Sublessee is operating a Head Start program for the County in three County-owned buildings on the Property, known as Building A, Building B and Building C (together, the “Premises”). The July 1, 2020, service contract, as it may be amended or extended from time to time, is the “Service Contract.” C. The County and Sublessee desire to enter into this sublease in order to allow Sublessee to perform its obligations under the Service Contract at the Premises. If the Service Contract is terminated for any reason, or no reason, this Sublease will terminate on the same date that the Service Contract terminat es. The parties therefore agree as follows: Agreement 1. Lease of Premises. In consideration of the rents and subject to the terms herein set forth, the County hereby leases to the Lessee and the Lessee hereby leases from the Count y, the Premises, subject to all easements and encumbrances of record. 2. Term. The “Term” of this lease is (i) subject to the provisions of Section 29 – Termination, and (ii) comprised of an Initial Term and, with the parties’ mutual assent, Renewal Terms, each as defined below. a. Initial Term. The “Initial Term” is one year, commencing July 1, 2020 and ending June 30, 2021. 2 b. Renewal Terms. Lessee has nine options to renew this Lease for a term of one year for each option (each, a “Renewal Term”) upon all the terms and conditions set forth herein. i. Lessee must give County at least ninety days prior written notice to renew the Lease prior to the end of the Term. ii. Upon the commencement of a Renewal Term, all references to the Term of this Lease will be deemed t o mean the Term as extended pursuant to this Section. 3. Rent. Each month during the Term, Lessee shall pay rent to the County beginning on the commencement date without offset or demand on or before the first day of each month in the amounts set forth belo w: a. Initial Term. $3,767.00 per month for the period that begins July 1, 2020 and ends June 30, 2021. b. First Renewal Term. $3,955.35 per month for the period that begins July 1 2021, and ends June 30, 2022. c. Second Renewal Term. $4,153.12 per month for the period that begins July 1, 2022, and ends June 30, 2023. d. Third Renewal Term. $4,360.78 per month for the period that begins July 1, 2023, and ends June 30, 2024. e. Fourth Renewal Term. $4,578.82 per month for the period that begins July 1, 2024, and ends June 30, 2025. f. Fifth Renewal Term. $4,807.76 per month for the period that begins July 1, 2025, and ends June 30, 2026. g. Sixth Renewal Term. $5,048.15 per month for the period that begins July 1, 2026, and ends June 30, 2027. h. Seventh Renewal Ter m. $5,300.56 per month for the period that begins July 1, 2027, and ends June 30, 2028. i. Eighth Renewal Term. $5,565.59 per month for the period that begins July 1, 2028, and ends June 30, 2029. j. Ninth Renewal Term. $5,843.87 per month for the period that begins July 1, 2029, and ends June 30, 2030. 3 Rent for any partial month will be prorated at the rate of 1/30 of the applicable monthly rent per day. 4. Additional Payment Terms. a. Late Rental Payments: In the event Lessee fails to pay County any amount due under this lease within five (5) days after such amount is due, Lessee shall pay to County a late charge of $100 per occurrence (the “Late Charge”), plus interest on the unpaid balance at a rate of one and one-half percent (1.5%) per month, from the date the payment was due and payable until paid in full. Lessee shall pay all Late Charges as additional rent on or before the date the next installment of rent is due. County and Lessee hereby agree that it is and will be impracticable and extremely diff icult to ascertain and fix County’s actual damage from any late payments and, thus, that Lessee shall pay as liquidated damages to County the Late Charge specified in this Section, which is the result of the parties’ reasonable endeavor to estimate fair average compensation for the late payment (other than attorneys’ fees and costs). County’s acceptance of the Late Charge as liquidated damages does not constitute a waiver of Lessee’s default with respect to the overdue amount or prevent County from exercising any of the rights and remedies available to County under this lease. b. Form and Place of Payment : Lessee shall pay all rents and fees in cash or by personal check, certified check, or money order, payable to the County of Contra Costa, by delivering same on or before due date to Contra Costa County, Public Works Department – Real Estate Division, 255 Glacier Drive, Martinez, California 94553, or at such other place as County may designate from time to time. c. Returned Checks: If a check written by Lessee is returned for insufficient funds, County may impose a reasonable service charge in addition to any Late Charge and in addition to any charges imposed by the bank. County may require Lessee to pay rent by certified check or money order if Lessee’s bank or banks have returned one or more personal checks within the preceding twelve (12) month period. d. Definition of Rent : “Rent” means all amounts due from Lessee to County under this lease, with the exception of the Security Deposit. 5. Use. Except as otherwise provided herein, the Premises may be used by the Lessee only for the operation and maintenance of a pre-school. Lessee may not use the Premises for any other purpose without the prior written consent of the County. Any use of the Premises other than as described herein without the County’s prior written consent is a default of this lease. 6. Utilit y Obligations. The Lessee shall pay utility providers directly for all utilities used or consumed on the Premises by Lessee or its subt enants, including, but not limited to gas, 4 water, electricity, garbage disposal, storm and sanitary sewer services, janitorial services, landscaping, and telephone services. 7. Condition of Premises. a. Commencement Date. Lessee is leasing the Premises in an “as is” physical condition with no warranty, express or implied, on the part of the County as to the condition of the Improvements, the condition of the soil or the geology of the soil. b. During Term. The Lessee shall maintain the Premises in accordance w ith Section 8, Maintenance and Repairs. 8. Maintenance and Repairs. a. Structures and Grounds. Lessee shall, at its sole cost and expense throughout the Term of this lease, maintain the Premises and the Improvements in a first-class condition. Maintenance of the Improvements includes exterior painting and roof repairs. Grounds maintenance includes repairs to cracks, sealing, and other infrastructure repairs. All maintenance, repairs, and replacements must be of a quality substantially equal to the original material and workmanship. The Director of Public Works, or his or her designee, is the sole judge of the quality of maintenance. Any changes in exterior paint colors are subject to the prior written approval of the Director of Public Works. Lessee shall maintain all painted exterior surfaces and surfaces requiring treatment of any kind in first -class condition and repaint or treat as often as reasonably required in the sole discretion of the County, in order to preserve the structure and to maintain high standards of appearance. Upon written notice by the County, Lessee shall perform whatever reasonable maintenance t he County deems necessary. If said maintenance is not undertaken by Lessee within thirty (30) days after receipt of written notice, the County has the right to enter upon the Premises and perform such necessary maintenance, the cost of which shall be reimbursed by Lessee to the County as additional rent, without offset, upon Lessee’s receipt of the County’s request for said reimbursement. b. Lessee shall provide or cause to be provided adequate enclosures, screened areas and/or suitable covered metal receptacles within the Premises for the short -term accumulation and storage of solid waste, such as rubbish, trash, and garbage. Such enclosures and/or screened areas must be designed in such a way as to prevent, to the extent possible, odors, fumes, attraction of pests and dispersal of wastes due to wind or water runoff and must be serviced regularly by qualified waste removal and disposal services. c. Utilities. The Lessee shall repair and maintain the electrical, lighting, water and plumbing systems in good order, condition and repair. The County is responsible for maintaining the plumbing system beyond the perimeter of the Premises. 5 d. HVAC. The Lessee shall maintain and repair the heating, ventilating, and a ir - conditioning (HVAC) systems. The Lessee shall obtain and keep in effect, at its sole cost and expense, a service contract acceptable to the County for the maintenance and repair of the HVAC systems. The contract must provide for maintenance of the HVAC units and components, including motors, belts, damper, drainage systems, and air filters, to occur quarterly. e. Parking; Exterior Lighting. The Lessee shall maintain the parking lot and exterior lighting system in good order, condition and repair. f. Fire Extinguishers. The County is providing fire extinguishers for the Premises in accordance with the direction received from the fire marshal. Lessee shall maintain, repair, and replace the fire extinguishers. g. Code Violations. The County is responsible for correcting any code building violations that may exist in the Premises, provided the County is not responsible for correcting building code violations that arise out of a change in Lessee’s use or occupancy of the Premises. 9. Covenant against Liens. Neither Lessee nor Lessor may permit any mechanic’s, material man’s, or other lien against the Premises, or the property of which the Premises forms a part, in connection with any labor, materials, or ser vices furnished or claimed to have been furnished. If any such lien is filed against the Premises, or property of which the Premises forms a part, the party charged with causing the lien will cause the same to be discharged, provided however, that either party may contest any such lien, so long as the enforcement thereof is stayed. 10. Taxes. Lessee agrees to pay before delinquency all taxes (including, but not limited to, possessory interest tax), assessments, license fees, and other charges that are levied and assessed upon Lessee’s interest in the Premises, or upon Lessee’s personal property installed or located in or on the Premises, by Contra Costa County or other legally authorized government authority. Lessee may pay any taxes and assessments under protest, without liability, cost or expense to the Lessor, to contest the amount in good faith. Payment of taxes, assessments, license fees, or other charges levied and assessed upon Lessee’s interest, (i) does not reduce the Rent due to the County under this lease, and (ii) is the liability of the Lessee. 11. Quiet Enjoyment . Provided the Lessee is in compliance with the terms of this lease, the County covenants that the Lessee will peaceably and quietly have, hold, and enjoy the Premises during the Term. 12. Assignment and Sublease. The Lessee may not assign this lease or sublease the Premises or any part thereof at any time during the Term. 6 13. Alterations and Additions. Lessee may not make any alterations, erect any additional structures, or make any improvements on the Premises without the prior written consent of the Director of Public Works or his or her designee. In the event Lessee makes alterations or constructs additions that violate the conditions contained in this lease (an “Unauthorized Addition”), at the County’s sole discretion, Lessee shall remove any Unauthorized Addition at Lessee’s sole cost and expense. If Lessee is required to remove any Unauthorized Addition, Lessee, at its sole cost and expense, shall restore the Premises to t he conditions existing immediately prior to the existence of the Unauthorized Addition, or such other condition designated by the County in its election. If Lessee is not required to remove any Unauthorized Addition, such Unauthorized Additions shall rema in on and be surrendered with the Premises on expiration or termination of this lease. If Lessee wishes to make any alterations, erect any additional structures, or make any additional improvements to the Premises as provided in this Section, Lessee may not commence construction until Lessee has the prior written consent of the County. In addition, a Notice of Lessor Non-Responsibility must be posted and recorded by Lessee during construction in accordance with Civil Code Section 3094. Lessee shall mail a copy of such Notice of Lessor Non-Responsibility to Lessor upon filing it with the County Recorder. 14. Insurance. a. Liability Insurance. Throughout the Term, the Lessee shall maintain in full force and effect, at its sole expense, a comprehensive general liability or commercial general liability insurance program covering bodily injury (including death), personal injury, and property damage. The limits must be not less than one million dollars per occurrence and two million dollars aggregate. The policy must name the County, its officers, agents and employees, individually and collectively, as additional insureds. The liability insurance maintained by the Lessee must be primary. b. Property Insurance. The County will maintain property insurance coverage on its real property. The Lessee has no interest in the proceeds of insurance on the County’s real property, improvements, equipment, or fixtures. The Lessee shall sign all documents necessary or proper in connection with the settlement of any clai m or loss by the County. The Lessee shall maintain in full force and effect, at its sole expense, a standard All Risk policy, which may exclude earthquake and flood, to insure its own personal property, contents, improvements and betterments within or on t he Premises. The coverage must be for not less than 90% of the actual cash value of the personal property. The Lessee shall name the County as an additional insured and loss payee with respect to the improvements and betterments. c. Worker’s Compensation and Employer’s Liability Insurance. The Lessee shall maintain in full force and effect, at its sole expense, (i) statutory California Workers’ Compensation coverage including a broad form all-states endorsement, and (ii) 7 employer’s liability coverage for not less than one million dollars per occurrence for all employees engaged in services or operations at the Premises. d. Evidence of Insurance. Within thirty days of execution of this lease, the Lessee shall provide to the County, on a form approved by the County, an original copy of a Certificate of Insurance. The Certificate of Insurance must certify that the coverage required by this lease has been obtained and remains in force for the period required by this lease. e. Notice of Cancellation or Reduction of Co verage. The Lessee shall cause all policies it is required to obtain under the terms of this lease to contain a provision that the County is to receive written notification of any cancellation or reduction in coverage at least thirty days prior to the effective date of such cancellation or reduction. Any such notification is to be sent to the County in accordance with Section __ - Notices. f. Waiver of Subrogation. Except as may be specifically provided elsewhere in this lease, the County and the Lessee hereby each mutually waive any and all rights of recovery from the other in the event of damage to the Premises or any personal property that is caused by acts of God, perils of fire, lightning, and the extended coverage perils, as defined in insurance polic ies and forms approved for use in the State of California. Each party shall obtain any special endorsements, if required by their insurer, to evidence compliance with this waiver. 15. Surrender of Premises. On the last day of the Term, or sooner termination of this lease, the Lessee shall peaceably and quietly leave and surrender to the County the Premises, along with their appurtenances and fixtures, all in good condition, ordinary wear and tear, damage by casualty, act s of God and circumstances over which the Lessee has no control excepted. 16. Abandonment . The Lessee may not vacate or abandon the Premises at any time during the Term. If the Lessee abandons, vacates, or surrenders the Premises, or is dispossessed by process of law, or otherwise, the County may deem any personal property belonging to the Lessee that remains on the Premises to be abandoned. 17. Waste, Nuisance. The Lessee may not commit, or suffer to be committed, any waste upon the Premises, or any nuisance or other act or thing that may distur b the quiet enjoyment of any other occupant of the neighborhood in which the Premises is located. 18. Inspection. The County may enter the Premises at any time in an emergency and with 24-hours notice in a non-emergency to determine that (i) the Premises is being reasonably cared for, (ii) no waste is being made and that all actions affecting the Premises are done in the manner best calculated to preserve the Premises, and (iii) the Lessee is in compliance with the terms and conditions of this lease. 19. Destruction. If damage occurs that causes a partial destruction o f the Premises during the Term from any cause, the County may, at its option, make repairs within a reasonable 8 time. Partial destruction does not void this lease, except that the Lessee is entitled to a proportionate reduction in Rent while such repairs are being made. The proportionate reduction in Rent is to be calculated by multiplying Rent by a fraction, the numerator of which is the number of square feet that are unusable by the Lessee and the denominator of which is the total number of square feet in the Premises. If the County does not elect to make repairs, this lease may be terminated by either party, without cost, obligation or liability to the other party, except as described herein. This lease will terminate in the event of a total destruction of the Premises. 20. Indemnification. The Lessee shall indemnify, defend and hold County, its officers, agents and employees harmless from any and all claims, costs and liability, for any damage, injury or death, including without limitation, all consequential damages from any cause whatsoever, to any person or the property of any person arising directly or indirectly from or connected with this lease, the Lessee’s operations, or the Lessee’s use or possession of the Premises, save and except claims or litigation arising through the sole negligence or sole willful misconduct of County, its officers or employees, and shall make good to and reimburse County for any expenditures, including reasonable attorneys fees, County may make by reason of such matters. 21. Default. The occurrence of any of the following events is a default under this lease: a. The Lessee. i. The Lessee’s failure to pay Rent within five business days after the due date. ii. The Lessee’s failure to comply with any other material term or provision of this lease if such failure is not remedied within thirty days after receipt of a written notice from the County to the Lessee specifying the nature of the breach in reasonably sufficient detail (a “Notice of Default”). If the required cure of the noticed failure cannot be completed within thirty days, the failure to cure will not be deemed to be a default of this lease if the Lessee has attempted to cure the failure within the thirty-day period and has diligently and continuously attempted to complete the cure as soon as reasonably possible. In no event will the cure period extend beyond the sixty-day period after Lessee’s receipt of the Notice of Default. b. The County. The County’s failure to perform any obligation under this lease if the failure is not remedied within thirty days after receipt of a written notice from the Lessee to the County specifying the nature of the breach in reasonably sufficient detail. If the required cure of the noticed failure cannot reasonably be completed within thirty days, a default will not be deemed to occur if the County has attempted 9 to cure the failure within the thirty-day period and has diligently and continuously attempted to complete the cure as soon as reasonably possible. 22. Remedies. a. The County. Upon the occurrence of a default by the Lessee, the County may reenter and repossess the Premises and remove all persons and property from the Premises, after giving the Lessee written Notice of Default and in accordance with due process of law. b. The Lessee. Upon the occurrence of a default by the County, the Lessee may (i) terminate this lease by giving written notice to the County and quit the Premises without further cost or obligation to the County. 23. Notices. Any notice required or permitted under this lease shall be in writing and sent by overnight delivery service or registered or certified mail, postage prepaid and directed as follows: To Lessor: First Baptist Church Head Start 3890 Railroad Avenue Pittsburg, CA 94565 To County: Contra Costa County Public Works Department Attn: Principal Real Property Agent 255 Glacier Drive Martinez, CA 94553 Either party may at any time designate in writing a substitute address for that set forth above and thereafter notices are to be directed to such substituted address. If sent in accordance with this Section, all notices will be deemed effective (i) the next business day, if sent by overnight courier, or (ii) three days after being deposited in the United States Postal system. 24. Successors and Assigns. This lease binds and inures to the benefit of the heirs, successors, and assigns of the parties hereto. 25. Holding Over. In the event Lessee remains in possession of the Premises after the expiration of the Term, such holding over does not constitute a renewal or extension of this lease, but will be construed to be a tenancy from month to month on the same terms and conditions set forth in this lease. 26. Time is of the Essence. In fulfilling all terms and conditions of this lease, time is of the essence. 10 27. Governing Law. The laws of the State of California govern all matters arising out of this lease. 28. Severability. In the event that any provision herein contained is held to be invalid or unenforceable in any respect, the validity and enforceability of the remaining provisions of this lease will not in any way be affected or impaired. 29. Termination. If the County terminates the Service Contract for any reason, or for no reason, the Term of this Lease will end on the same date that the Service Contract terminates. Upon such termination, Lessee shall surrender the Premises in accordance with Section – 15 Surrender of Premises. [Remainder of Page Intentionally Le ft Blank] 11 30. Entire Agreement; Construction; Modification. Neither party has relied on any promise or representation not contained in this lease. All previous conversations, negotiations, and understandings are of no further force or effect. This lease is not to be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. This lease may be modified only by a writing signed by both parties. The parties are executing this lease on the date set forth in t he introductory paragraph. COUNTY OF CONTRA COSTA, a First Baptist political subdivision of the State of California By: _______________________ By: _______________________ Brian M. Balbas Brenda Battle Public Works Director Interim Executive Director RECOMMENDED FOR APPROV AL: By: _______________________ Jessica L. Dillingham Principal Real Property Agent By: _______________________ Stacey Sinclair Senior Real Property Agent APPROVED AS TO FORM SHARON L. ANDERSON, COUNTY COUNSEL By: _______________________ Kathleen M. Andrus Deputy County Counsel \\PW-DATA\grpdata \realprop\LeaseMgt\Stacey Sinclair\1203 W.10th_Antioch_T00575\First Baptist Church Head Start\New Lease\1203 W 10th St_Sublease_First Baptist Headstart.doc 12 EXHIBIT A 13 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES REAL ESTATE SERVICES DIVISION Contra Costa Fair Page 1 of 16 Lease No. L-1762 GROUND SPACE LEASE This Lease Agreement, hereinafter referred to as “Lease”, dated for reference purposes only, March 1, 2020, by and between the State of California at the direction and with the consent of the 23rd District Agricultural Association (23rd DAA), acting by and through the Director of the Department of General Services (DGS), hereinafter collectively referred to as “State”, and Contra Costa County, hereinafter referred to as “Lessee”. State and Lessee may also be referred to as “Party” or “Parties”. RECITALS WHEREAS, pursuant to Section 14670(a)(1) of the Government Code, the DGS with the consent of the State agency concerned, may Lease real property owned by the State for a period not to exceed 5 years; and WHEREAS, the 23rd DAA has under its jurisdiction certain real property in the County of Contra Costa, State of California, commonly referred to as Contra Costa Fairgrounds; and WHEREAS, Lessee desires to Lease the property described herein from the State; and WHEREAS, it is in the best interests of the State that such a Lease be consummated between the State and Lessee on the terms and conditions herein contained; NOW THEREFORE, the parties agree to the provisions of the Lease set forth herein as follows: Section 1: Site Specific Provisions Section 2: Building Specific Provisions Section 3: Standard Provisions Location of Leased Premises: 1203 West 10th Street Antioch, CA 94509 Lease No.: L-1762 Agency: 23RD DISTRICT AGRICULTURAL ASSOCIATION Lessee: Contra Costa County STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES REAL ESTATE SERVICES DIVISION SECTION 1 –SITE SPECIFIC PROVISIONS Contra Costa Fair Page 2 of 16 Lease No. L-1762 WITNESSETH: PROPERTY DESCRIPTION 1. State does hereby Lease to Lessee, and Lessee hereby hires from State, upon the terms, agreements, and conditions hereinafter set forth, those certain premises located at 1203 W. 10th Street, Antioch, California, County of Contra Costa, and more particularly described as follows: A portion of Assessor’s Parcel No. 067-010-003 consisting of approximately 1.62 acres located at the NW corner of State’s fair site, fronting on West 10th Street. State retains the right to use the driveway across the NE corner of the Premises to access State owned property, as shown in EXHIBIT A. USE 2. (a) The Premises shall be used by Lessee during the term hereof for the purpose of conducting Contra Costa County Community Services Head Start, Early Start childcare and/or Child Development Programs in four (4) single story modular buildings, constructed by Lessee on land leased from the State, and for no other purpose whatsoever. (b) The program conducted on the Premises will be the function and sole responsibility of Lessee. State will have no obligation to provide any program needs, including all supplies and equipment, except as otherwise specified herein. Lessee will ensure that all appropriate licensing and/or permits for childcare are obtained. TERM 3. The term of this Lease shall be for ten (10) years, commencing October 1, 2020 and ending August 31, 2031, with such rights of termination as are hereinafter expressly set forth. RENT PAYMENTS 4. State has determined the monthly “Fair Market Rent” for the use of the Premises to be in the sum of: Lessee’s payments shall display State’s Lease Number L-1762 and shall be mailed to the following address: LEASE PERIOD RENTAL PERIOD MONTHLY RENT 1 OCTOBER 1, 2020 – SEPTEMBER 30, 2021 $3,767.00 2 OCTOBER 1, 2021 – SEPTEMBER 30, 2022 $3,955.35 3 OCTOBER 1, 2022 – SEPTEMBER 30, 2023 $4,153.12 4 OCTOBER 1, 2023 – SEPTEMBER 30, 2024 $4,360.78 5 OCTOBER 1, 2024 – SEPTEMBER 30, 2025 $4,578.82 6 OCTOBER 1, 2025 – SEPTEMBER 30, 2026 $4,807.76 7 OCTOBER 1, 2026 – SEPTEMBER 30, 2027 $5,048.15 8 OCTOBER 1, 2027 – SEPTEMBER 30, 2028 $5,300.56 9 OCTOBER 1, 2028 – SEPTEMBER 30, 2029 $5,565.59 10 OCTOBER 1, 2029 – SEPTEMBER 30, 2030 $5,843.87 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES REAL ESTATE SERVICES DIVISION SECTION 1 –SITE SPECIFIC PROVISIONS Contra Costa Fair Page 3 of 16 Lease No. L-1762 RENT PAYMENTS (CONT) 23RD District Agricultural Association 1201 West 10th Street Antioch, CA 94509 Lessee acknowledges that rent and past due rent shall be due and payable to State whether or not an actual invoice is sent by State or received by Lessee. ADMINISTRATIVE FEES 5. Lessee shall pay administrative costs in the amount of Two Thousand and Five Hundred Dollars ($2,500.00) associated with this new Lease. Execution of this Lease is subject to receipt of payment by Lessee for administrative fees. Lessee’s administrative fee payment shall be made payable to Department of General Services with “L-1762” written on the face of Lessee’s check and submitted concurrently with this Lease document. UTILITIES 6. Lessee agrees to pay all utilities and services associated with the use of the Premises including but not limited to gas, electric, telephone, water, sewer, refuse collection and fire inspection fees. Utility payments shall be made payable to and sent directly to the utility provider. State shall not provide such services, and shall have no responsibility for the existence or lack of existence of utilities or any other services to the Premises. State shall not be liable to Lessee or third parties for failure to provide electricity due to rolling blackouts or other causes beyond State’s control. Lessee shall comply with energy conservation measures, Governor’s Executive Orders, other orders required by law, or reasonably required by State as the result of a crisis of any kind. EARLY TERMINATION 7. State and Lessee agree that either party may terminate this Lease at any time during the term hereof by giving written notice to the other party one hundred and eighty (180) days prior to the date when such termination shall become effective. State reserves the right to terminate the Lease immediately if safety and security are at risk and mutual resolution cannot be agreed upon. PARKING 8. During 23rd DAA events, State retains the right to utilize the parking areas constructed by Lessee during evening and weekend hours to minimize interference with Lessee’s normal use of said areas. State is responsible for keeping the parking area free from litter and debris while in use by State. NOTICES 9. All notices or other communications required or permitted hereunder shall be in writing, with Lease Number L-1762 referenced, and sent by overnight courier, registered mail, certified mail or postage prepaid mail to the addresses set forth below. All such notices shall be deemed received on the date of delivery receipt or rejection to the address of the person to receive such notice if received Monday through Friday during business hours, so long as such day is not a State or Federal holiday or Saturday or Sunday then such notice shall be effective on the following business day. Lessee: Contra Costa County Public Works Department Real Estate Services 255 Glacier Drive STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES REAL ESTATE SERVICES DIVISION SECTION 1 –SITE SPECIFIC PROVISIONS Contra Costa Fair Page 4 of 16 Lease No. L-1762 Martinez, CA 94553 Telephone (925) 313-2000 State: Department Of General Services Real Estate Services Division Lease Management, [L-1762] 707 3rd Street, 5th Floor West Sacramento, CA 95605 Office: (916) 375-4172 With Copies to: 23rd District Agricultural Association 1201 West 10th Street Antioch, CA 94509 Telephone (925) 757-4400 Notice of change of address or telephone number shall be given by written notice in the manner described in this section. Lessee is obligated to notice all State offices listed above and the failure to provide notice to all State offices shall constitute a lack of notice. Nothing contained herein shall preclude the giving of any such notice by personal service. PROPERTY INSPECTIONS 10. Lessee has visited and inspected the Premises and it is agreed that the area described herein is only approximate in size and State does not hereby warrant or guarantee the actual area included hereunder. HOLDING OVER & LEASE RENEWAL 11. Any holding over after the expiration of the term of this Lease with the consent of the State, expressed or implied, shall be deemed to be a tenancy only from month-to-month. During hold over, Lessee’s rental rate shall, at the option of State, be adjusted to be consistent with the most current established rental rate for the premises, payable on a monthly basis in advance. Said month-to-month tenancy shall be otherwise subject to all the terms and conditions of this Lease insofar as applicable. State offers and Lessee accepts no assurance that the Premises or any other comparable space or facilities at the site described herein will be made available to Lessee beyond the term stated above or as said term is reduced as provided herein. ACCESS TO PREMISES 12. Only the Lessee, its properly qualified and authorized agents, employees, contractors, and Permitted Users shall have the right of ingress to and egress from said Premises. SUBLETTING 13. Lessee shall not assign this Lease in any event and shall not sublet the Premises or any part thereof and will not permit the use of the Premises by anyone other than the Lessee without prior written consent by State, which may be withheld for any reason. End of Section 1 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES REAL ESTATE SERVICES DIVISION SECTION 2 – GROUND LEASE SPECIFIC PROVISIONS Contra Costa Fair Page 5 of 16 Lease No. L-1762 1. REGULATION BY STATE. State shall have the full power and right to determine and regulate the operations of the Lessee insofar as they affect the operations, safety, and effective use of State activities conducted at the same location. (a) All contractors, agents, employees, representatives, or licensees of the Lessee shall be subject to the rules and regulations of the State as they relate to conduct on the grounds, security, and general use of facilities. Lessee will conduct its operations in such a manner so as to minimize any interference with the activities associated with the site. (b) Lessee will comply with all building rules and regulations adopted by said authorities in charge. No article or material deemed by said authorities in charge to be considered as contraband shall be brought on said real property. Contraband includes, but is not limited to, alcoholic beverages, possession or use of firearms, explosives or edged weapons, and restricted controlled substances. 2. RIGHT TO ENTER. During continuance in force of this Lease, there shall be and is hereby expressly reserved to State and to any of its agencies, contractors, agents, employees, representatives or licensees, the right at any and all times, and any and all places, to temporarily enter upon said Premises for survey, inspection, or any other lawful State purposes. 3. IMPROVEMENTS & MODIFICATIONS. Lessee at its sole cost and expense may, subject to the approval of State, from time to time during its tenancy of the Premises: (a) Furnish, install and use at the Premises such improvements and property of whatsoever kind and nature as Lessee and State mutually deems necessary consistent with the purpose of this Lease as set forth in “Use” Section hereof. (b) Improve the Premises in a manner consistent with the purposes of this Lease as set forth in “Use” Section hereof, and provided further that plans for the construction or enlargement of any improvement will be submitted to State in advance of such construction or enlargement, and will be subject to written approval by State. Such approval by State shall not relieve Lessee of the obligation of complying with any and all terms and conditions of this Lease; Lessee shall provide a minimum of thirty (30) days prior written notice of the construction to State. (c) In making any excavation and/or installation of equipment on the Premises and/or easement areas, Lessee shall make the same in such manner as will cause the least injury to the surface of the ground around such excavation and/or construction, and shall replace the earth so removed by it and restore the surface of the ground and any improvement thereon to as near the same condition as they were prior to such excavation as is practicable. 4. DISPOSITION OF LESSEE’S PERSONAL EQUIPMENT, PERSONAL PROPERTY AND MODULARS. (a) During the term of this Lease, all personal equipment, personal property and modulars placed in, upon, or under the Premises by Lessee shall remain the property of Lessee and shall be removed by Lessee, at its sole cost and expense within thirty (30) days after expiration or termination of Lessee’s tenancy. (b) Should Lessee fail to remove said personal equipment, personal property and modulars within thirty (30) days after expiration or termination of the Lease, State may do so at the risk of Lessee. Upon written demand by State, Lessee shall immediately pay all costs and expenses of the removal of Lessee’s personal STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES REAL ESTATE SERVICES DIVISION SECTION 2 – GROUND LEASE SPECIFIC PROVISIONS Contra Costa Fair Page 6 of 16 Lease No. L-1762 equipment, personal property and modulars. (c) Notwithstanding anything to the contrary in this Section 2, Clause 4, Lessee may, however, with written consent of State, abandon in place any and all of Lessee’s personal equipment, personal property and modulars, whereupon, as abandoned, title to said improvements will vest in State. 5. REPAIR AND MAINTENANCE. It is acknowledged that Lessee is the current occupant of the space and that at time of initial occupancy, the site was considered to be in good condition. a. Lessee shall maintain said Premises in compliance with all health, safety, and sanitation laws, ordinances, and regulations of the State, Federal, and local authorities. b. Lessee agrees to maintain the Premises at their sole cost and expense. 6. CONDITION OF PREMISES. (a) Lessee is aware of the current condition of the Premises and accepts the Premises in “as is” condition. Lessee accepts the Premises as being in good condition and repair, unless otherwise specified in writing to State, and agrees that on the last day of the term, or sooner termination of this Lease, to surrender up to State the Premises, with any appurtenances or improvements approved by State, in the same condition as when received. 7. LESSEE’S SECURITY. Lessee shall be responsible for the security of the Premises and all persons in its program while such persons are in, on or about the Premises. In the event of a serious security emergency the State shall cooperate with the staff of Lessee, but such assistance shall not interfere with the State’s normal treatment program. Rules and regulations governing employees and customers of the State which are applicable to Lessee shall be strictly adhered to by Lessee’s staff. 8. MEDICAL. Medical support shall not be provided by State. Necessary emergency medical or surgical care of Lessee’s clients and employees will be Lessee’s responsibility. As used herein, this is intended to mean that Lessee shall be liable for any and all medical and/or surgical care costs for Lessee’s employees served by Lessee’s program. 9. EMERGENCY PREPAREDNESS. Lessee agrees to be responsible for maintaining an emergency preparedness program for Lessee. Lessee shall not rely on State to provide food or supplies during a local or area wide disaster. State will, if time and material allow, assist Lessee during a disaster. 10. FIRE/POLICE PROTECTION. Lessee is a separate and distinct entity from the State and shall so inform the local Fire and Police Agencies. State shall in no way be responsible or liable for such protection to Lessee. 11. LESSEE GUARANTEES. Lessee hereby guarantees any and all work or services performed by Lessee or Lessee’s properly qualified or authorized agents, employees, contractors and servants, in order to accomplish the installation and/or maintenance of their communications equipment at State’s facilities. Should the interruption or failure of State’s existing computer or building support systems occur due to, or in any way be connected with Lessee’s installation and/or maintenance of Lessee’s equipment, all costs to repair or replace State’s existing systems will be the sole responsibility of Lessee. STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES REAL ESTATE SERVICES DIVISION SECTION 2 – GROUND LEASE SPECIFIC PROVISIONS Contra Costa Fair Page 7 of 16 Lease No. L-1762 12. CUSTODIAL AND TRASH. Lessee shall have or hire custodial services sufficient to maintain the Premises in a clean and well maintained condition. Lessee shall pick up trash and debris at Premises and deposit trash in trash bins provided by State. State shall, at its expense, arrange for trash disposal for the contents of Lessee as part of its regularly scheduled trash collection. End of Section 2 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES REAL ESTATE SERVICES DIVISION SECTION 3 – STANDARD PROVISIONS Contra Costa Fair Page 8 of 16 Lease No. L-1762 1. PERMITS AND APPROVALS. State and Lessee agree that Lessee’s ability to use the Premises is dependent upon Lessee obtaining all of the certificates, permits, licenses, and other approvals that may be required from any third party. State will cooperate with Lessee, at no expense to State, in Lessee’s effort to obtain such approvals in connection with said permits, licenses or other approvals. 2. LEASE MODIFICATION FEES. An administration fee shall be assessed for any action originated by Lessee requiring lease administration or technical review staff work by State which result in an amendment to, or assignment of this Lease. To initiate such services, Lessee must submit a written request to State. The administration fee will be assessed at the prevailing rate in effect at the time the request is received. 3. DEFAULT. Lessee shall make all payments to the State without deduction (except for offsets explicitly allowed hereunder), default or delay. In the event of the failure of Lessee to do so, or in the event of a breach of any of the other terms, covenants or conditions herein contained on the part of Lessee or State to be kept and performed, and if such default continues for a period of thirty (30) days after receipt of written notice from the non-defaulting party to the defaulting party of such default, this Lease may, at the non- defaulting party's sole discretion, be terminated. Notwithstanding the foregoing, if a non- monetary default may not be reasonably cured within such thirty (30) day period and the defaulting party commences to cure such default within the thirty (30) day period, the time to cure may be extended through a writing signed by both parties, to a time frame and deadline mutually agreeable to the parties. So long as the defaulting party diligently prosecutes the cure to completion under the mutually agreed upon extended deadline, then this Lease may not be terminated under this Clause. However, if the defaulting party operates with unreasonable delay in curing the default or otherwise does not cure within the mutually agreed upon time frame, the non-defaulting party may terminate immediately. In the event of termination of this Lease due to a Lessee default, it shall be lawful for State to reenter into and upon the Premises and every part thereof and to remove and store at Lessee 's expense all property there from and to repossess and occupy the Premises. In the event State terminates this Lease pursuant to this Clause, State shall not be required to pay Lessee any sum or sums whatsoever. 4. COMPLIANCE WITH LAWS. Lessee shall at its sole cost and expense comply with all the statutes, laws, ordinances and regulations of all municipal, state and federal authorities now in force or which may hereafter be in force pertaining to the Premises and use of the Premises as provided by this Lease. 5. FAILURE TO PERFORM. In the event of the failure, neglect, or refusal of Lessee to do, or perform work, or any part thereof, or any act or thing in this Lease provided to be done and performed by Lessee, State will, at its option, have the right to do and perform the same, and Lessee hereby covenants and agrees to pay State the cost thereof on demand. 6. RIGHTS RESERVED BY STATE. (a) State reserves the right to use the real property involved (not including real property installed, erected or constructed by Lessee) in any manner, including but not limited to the right to construct, place, maintain, use, operate, repair, replace, alter and move pipelines, conduits, culverts, ducts, fences, poles, electrical energy, power and communication lines, roads, bridges, subways, sidewalks, to grant STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES REAL ESTATE SERVICES DIVISION SECTION 3 – STANDARD PROVISIONS Contra Costa Fair Page 9 of 16 Lease No. L-1762 easements over, across, upon and under said real property, and the continuous right of ingress to and egress from any portion or portions of said real property in such manner as not to create any unreasonable interference with the exercise of the rights granted to Lessee. (b) Any grant herein contained is subject to all valid and existing contracts, leases, licenses, easements, encumbrances and claims of title which may affect said facility. (c) No priority or other rights will attach to the use of any space in State’s building or on said facility. 7. ACTS OF NATURE. If any of Lessee’s improvements or equipment is destroyed by acts of nature, Lessee may replace them with improvements or equipment of the same general type that meet or exceed the technical specifications of the original equipment, which occupies no more physical space, and consumes no more electrical power. Lessee shall immediately notify State of such items and the date the replacement is completed. 8. HAZARDOUS SUBSTANCE. Lessee agrees that it shall comply with all laws, federal, state, or local, existing during the term of this Lease pertaining to the use, storage, transportation, and disposal of any hazardous substance as that term is defined in such applicable law. (a) In the event State or any of its affiliates, successors, principals, employees, or agents incur any liability, cost, or expense, including attorney's fees and costs, as a result of Lessee’s illegal use, storage, transportation, or disposal of any hazardous substance, including any petroleum derivative, Lessee shall indemnify, defend, and hold harmless any of these individuals against such liability. (b) Where Lessee is found to be in breach of this Paragraph due to the issuance of a government order directing Lessee to cease and desist any illegal action in connection with a hazardous substance, or to remediate a contaminated condition caused by Lessee or any person acting under Lessee’s direct control and authority, Lessee shall be responsible for all costs and expenses of complying with such order, including any and all expenses imposed on or incurred by State in connection with or in response to such government order. 9. VACATING THE PREMISES. Lessee shall, on the expiration or earlier termination of said Lease, peaceably and quietly leave, surrender, and yield up to State, the Premises in good order, condition, and repair, reasonable use and wear thereof and damage by acts of nature, excepted. Lessee will coordinate its move-out with the Fair Manager’s office to complete a walkthrough and return keys, key cards, or any other State provided items. 10. AUDIT. Lessee agrees that the Department of General Services, California State Auditor, or their designated representative shall have the right to review and to copy any of Lessee’s non-redacted records and supporting documentation pertaining to the performance of this Lease. In the event State discovers any irregularities in Lessee’s revenue statements Lessee shall bear all costs associated with said audit. Lessee agrees to maintain such records for possible audit for a minimum of three (3) years after final payment. Lessee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES REAL ESTATE SERVICES DIVISION SECTION 3 – STANDARD PROVISIONS Contra Costa Fair Page 10 of 16 Lease No. L-1762 Further, Lessee agrees to include in any sublease a similar right of the State to audit records and interview Sublessee related to any performance of this Lease. State may audit Lessee’s accounting books at any time upon reasonable request. Further to the extent Lessee provides the State with proprietary information, the State will hold it in the strictest confidence, and will return it when it is no longer necessary to support any audit exceptions. Lessee understands the State is subject to the Public Records Act. 11. RECOVERY OF LEGAL FEES. If action is brought by State for the recovery of any rent due under the provisions hereof or for any breach hereof, or to restrain the breach of any agreement contained herein, or for the recovery of possession of said Premises, or to protect any rights given to the State against Lessee, and if State will prevail in such action, Lessee shall pay to State such amount in attorney's fees in said action as the court shall determine to be reasonable, which shall be fixed by the court as part of the costs of said action. 12. AMERICANS WITH DISABILITIES ACT; UNRUH CIVIL RIGHTS ACT; DISABLED PERSONS ACT. Lessee shall comply with all federal requirements established under 28 Code of Regulations, Part 36, Americans with Disabilities Act, and with all California State requirements established under Civil Code section 51 et seq., Unruh Civil Rights Act and Civil Code section 54 et seq., Disabled Persons Act, in order to make programs accessible to all participants and to provide equally effective communications. By signing this Lease, Lessee assures State it complies with the Federal and State statutes described above, prohibiting discrimination on the basis of disability. Lessee also assures State it complies with any applicable regulations and guidelines issued pursuant to the Federal and State statutes described above. 13. TAXES, ASSESSMENTS, AND POSSESSORY INTEREST. Lessee agrees to pay all lawful taxes, assessments or charges that at any time may be levied upon any interest in this Lease. It is understood that this Lease may create a possessory interest subject to property taxation and Lessee may be subject to the payment of property taxes levied on such interest. 14. NON-DISCRIMINATION. In the performance of this Lease, Lessee shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability (including HIV and AIDS), mental disability, medical condition, age (over 40), marital status, sex, sexual orientation, use of family care leave, or any other Federal, State or local laws. Lessee shall insure that the evaluation and treatment of its employees and applicants for employment are free from such discrimination and harassment. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Lessee shall comply with provisions of the Fair Employment and Housing Act (Government Code (GC) Section 12990 (a- f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES REAL ESTATE SERVICES DIVISION SECTION 3 – STANDARD PROVISIONS Contra Costa Fair Page 11 of 16 Lease No. L-1762 The applicable regulations of the Fair Employment and Housing Commission implementing GC Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Lease by reference and made a part thereof as if set forth in full. Lessee shall give written notice of its obligations under this clause to any labor organizations with which they have collective bargaining or other agreement. Further, Lessee shall post in conspicuous places available to employees and applicants for employment, notices to be provided by the State setting forth the provisions of this Fair Employment Practices Section. (GC Section 12920- 12994). Remedies for Willful Violations: (1) State may determine a willful violation of the Fair Employment Practices provision to have occurred upon the receipt of a final judgment having that effect from a court in an action to which Lessee was a party, or upon receipt of a written notice from the Fair Employment Practices Commission that it has investigated and determined that the Lessee has violated the Fair Employment Practices Act and has issued an order pursuant to the appropriate provisions of the GC. (2) State will have the right to terminate this Lease and any loss or damage sustained by State by reason thereof will be borne and paid for by Lessee. 15. INSURANCE. Prior to or at Lease execution Lessee shall furnish to State a certificate of insurance, along with all policy endorsements, with State’s Lease Number L-1762 indicated on the face of said certificate or endorsements, issued to State with evidence of insurance as follows: COMMERCIAL GENERAL LIABILITY Lessee shall maintain general liability coverage with limits of not less than $1,000,000 per occurrence and $2,000,000 aggregate annually for bodily injury and property damage liability combined and Fire Legal Liability of at least $500,000. The policy shall include coverage for liabilities arising out of Premises, operations, independent contractors, products, completed operations, personal & advertising injury, and liability assumed under an insured contract. The policy must include State of California, their officers, agents, and employees as additional insureds, but only insofar as the operations under the Lease are concerned. The additional insured endorsement must be provided with the certificate of insurance. AUTOMOBILE LIABILITY Lessee shall maintain motor vehicle liability with limits of not less than $1,000,000 per accident for bodily injury and property damage. The State of California and Department of General Services are to be additional insureds with respect to liability arising out of all vehicles owned, hired and non-owned. The additional insured endorsement must be provided with the certificate of insurance. PROFESSIONAL LIABILITY (ERRORS AND OMISSIONS) Lessee shall maintain Insurance appropriates to the Contractor’s profession, with limits not less than $1,000,000 per occurrence. WORKERS’ COMPENSATION Lessee shall maintain statutory workers’ compensation and employer’s liability coverage for all its employees who will be engaged in the performance of the Lease, including special coverage extensions where applicable. Employer’s liability limits of $1,000,000 shall be required, and the STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES REAL ESTATE SERVICES DIVISION SECTION 3 – STANDARD PROVISIONS Contra Costa Fair Page 12 of 16 Lease No. L-1762 policy shall include a waiver of subrogation in favor of the State of California. The waiver of subrogation endorsement must be provided with the certificate of insurance. GENERAL REQUIREMENTS Lessee shall ensure that the following general requirements are met: a. Insurance Companies must be acceptable to Department of General Services, Office of Risk and Insurance Management. b. Coverage needs to be in-force for complete term of this Lease. If insurance expires during the term of the Lease, a new certificate must be received by State within thirty (30) days of the expiration date of the existing policy. This new insurance must still meet the terms of the original contract. c. Lessee shall notify the State within five business days of Lessee’s receipt of any notice of cancellation or non-renewal of any insurance required by this lease. d. Lessee is responsible for any deductible or self-insured retention contained within the insurance program. e. In the event Lessee fails to keep in effect at all times the specified insurance coverage, State may, in addition to any other remedies it may have, terminate this Lease upon the occurrence of such event, subject to the provisions of this Lease. f. Any insurance required to be carried shall be primary, and not excess, to any other insurance carried by State. g. If Lessee is self-insured in whole or in part as to any of the above described types and levels of coverage, Lessee shall provide State with written acknowledgment of this fact at the time of the execution of this Lease. The State may require financial information to justify Lessee’s self-insured status. If, at any time after the execution of this Lease, Lessee abandons its self- insured status, Lessee shall immediately notify State of this fact and shall comply with all of the terms and conditions of this Insurance clause pertaining to policies of insurance in regard to those types and levels of insurance. It is agreed that State shall not be liable for the payment of any premiums or assessments on the required insurance coverage. 16. FIRE AND CASUALTY DAMAGES. State will not keep improvements which are constructed or installed by Lessee under the provisions of this Lease insured against fire or casualty, and Lessee shall make no claim of any nature against State by reason of any damage to the business or property of Lessee in the event of damage or destruction by fire or other cause, arising other than from or out of negligence or willful misconduct of agents or employees of the State in the course of their employment. 17. HOLD HARMLESS INDEMNIFICATION. This Lease is made upon the express condition that the State of California is to be free from all liability and claims for damages by reason of any injury to any person or persons, including Lessee, or property of any kind whatsoever and to whomsoever belonging, including Lessee, from any cause or causes whatsoever while in, upon, or in any way connected with the Premises during the term of this Lease or any occupancy hereunder, holdover periods or any other occupancy of the Premises by Lessee, except those arising out of the sole negligence or willful misconduct of State, its employees, agents, and invitees. Lessee agrees to defend, indemnify, and hold harmless State from all liability, loss, cost or obligation on account of or arising out of any such injury or loss, however occurring. 18. LOSSES. State will not be responsible for losses or damage to personal property, equipment or STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES REAL ESTATE SERVICES DIVISION SECTION 3 – STANDARD PROVISIONS Contra Costa Fair Page 13 of 16 Lease No. L-1762 materials of Lessee and all losses shall be reported to State immediately upon discovery. 19. DEBT LIABILITY DISCLAIMER. State, including but not limited to the State’s General Fund or any special self-insurance programs, is not liable for any debts, liabilities, settlements, liens or any other obligations of the Lessee or its heirs, successors or assigns. State and its agencies, departments and divisions will not be liable for and will be held harmless by Lessee and for any claims or damages associated with any contract, tort, action or inaction, error in judgment, act of negligence, intentional tort, mistakes, or other acts taken or not taken by the Lessee, its employees, agents, invitees, guests or anyone acting in concert with or on behalf of Lessee. State has no obligation to defend or undertake the defense on behalf of Lessee or its heirs, successors or assigns. 20. RELOCATION. (a) In the event that State terminates this Lease pursuant to its terms, Lessee acknowledges and agrees that it has no claim against the State for Relocation Payments, Relocation Advisory Assistance, or costs pursuant to the Government Code sections 7260 et seq., or any regulations implementing or interpreting such sections. Lessee further agrees that it has no claim in either law or equity against the State for damages or other relief should the Lease be terminated, and waives any such claims it may have. (b) In the event subleasing, under the terms of this Lease, is permitted, Lessee shall incorporate this Paragraph into the sublease. Failure to do so may obligate Lessee for damages and costs resulting from claims for relocation payments by sublessee. (c) The location of the Premises to be used by Lessee for the purpose of this Lease may be changed as required by State in the event of circumstances arising to warrant such a change. Lessee agrees to accept another functionally equivalent location within the facility grounds within which to operate under the same general provisions of this Lease. In the event the new quarters are different in size from present quarters, there shall be an adjustment in rental rate on a proportionate square footage basis at the discretion of the State, either greater of smaller, as the case may be. In the event State is unable to relocate the Lessee within the facility grounds, State, upon reasonable notice, may require Lessee to leave State premises. Reasonable notice is defined herein as to be at least thirty (30) days. 21. SMOKING RESTRICTIONS. Per Government Code 7597, Smoking shall not be allowed inside any building, or within 20 feet of any entrance or operable window of any building. Lessee, its employees, invitees, or patrons shall compensate and reimburse State the cost of damage and destruction of any such fire caused by Lessee, its employees, invitees, contractors, or patrons, including State’s out-of-pocket expenses for same. 22. RECORDING. Lessee shall not record this Lease or a short form memorandum thereof. Any such recordation will, at the option of State, constitute a non-curable default by Lessee hereunder. 23. AUTHORITY TO CONTRACT. If Lessee is a public, private or non-profit corporation, each individual executing this Lease on behalf of said Lessee shall provide evidence, which is acceptable to State, that he/she is duly authorized to execute and deliver this Lease on behalf of said Lessee in accordance with a duly STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES REAL ESTATE SERVICES DIVISION SECTION 3 – STANDARD PROVISIONS Contra Costa Fair Page 14 of 16 Lease No. L-1762 adopted resolution of the Board of Directors or in accordance with the Bylaws of said Board, and that this Lease is binding upon said Board of Directors in accordance with its terms. 24. PARTNERSHIP DISCLAIMER. Lessee its agents and employees shall act in an independent capacity and not as officers or employees of State. Nothing herein contained will be construed as constituting the parties herein as partners. 25. MINERAL RIGHTS. Lessee agrees not to interfere, in any way, with the interests of any person or persons that may hold presently, or in the future, oil, gas, or other mineral interests upon or under said Premises; nor shall Lessee, in any way, interfere with the rights of ingress and egress of said interest holders. 26. CEQA. Any physical changes made to the improvements by Lessee or its agents shall comply with the California Environmental Quality Act (CEQA). 27. BANKRUPTCY. In no event shall this Lease or the leasehold estate become an asset of Lessee in bankruptcy, receivership or other judicial proceedings. Lessee shall be in default under this Lease in the event of any of the following: (a) Lessee becomes insolvent or makes an assignment for the benefit of creditors, (b) a petition in bankruptcy is filed by or against Lessee, (c) a writ of execution is levied against this Lease or the leasehold estate, (d) Lessee abandons or vacates or does not continuously occupy or safeguard the Premises. 28. AMENDMENTS AND MODIFICATIONS. No amendment, modification, or supplement to this Lease shall be binding on either party unless it is in writing and signed by the party to be bound by the modification. 29. MUTUAL CONSENT. Notwithstanding anything herein contained to the contrary, this Lease may be terminated and the provisions of the Lease may be altered, changed, or amended by mutual consent of the parties hereto in writing. 30. FORCE MAJEURE. If either Lessee or State will be delayed or prevented from the performance of any act required hereunder by reason of acts of Nature, governmental restrictions, regulations or controls (except those reasonably foreseeable in connection with the uses contemplated by this Lease) or other cause without fault and beyond the control of the party obligated (except financial inability), performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. Nothing in this Paragraph shall excuse Lessee from prompt payment of any rent, taxes, insurance or any other charge required of Lessee, except as may be expressly provided in this Lease. 31. WAIVER. If State waives the performance of any term, covenant or condition contained in this Lease, such waiver shall not be deemed to be a waiver of that or any subsequent term, covenant or condition. Failure by State to enforce any of the terms, covenants or conditions of this Lease for any length of time shall not be deemed to waive or decrease State’s right to insist thereafter upon strict performance by Lessee. Waiver by State of any term, covenant, or condition contained in this Lease may only be made by a written document properly signed by an authorized State representative. 32. ENTIRE AGREEMENT. STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES REAL ESTATE SERVICES DIVISION SECTION 3 – STANDARD PROVISIONS Contra Costa Fair Page 15 of 16 Lease No. L-1762 This Lease and its exhibits constitute the entire agreement between State and Lessee. No prior written or prior, contemporaneous or subsequent oral promises or representations shall be binding. 33. PARAGRAPH HEADINGS. All Paragraph headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provision of this Lease. 34. SEVERABILITY. If any term, covenant, condition, or provision of this Lease or any application thereof, to any extent, is found invalid, void, or unenforceable by a court of competent jurisdiction, the remainder of this Lease will not be affected thereby, and will be valid and enforceable to the fullest extent permitted by law. 35. SEPARATE COUNTERPARTS. This Lease may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together, shall constitute one and the same Agreement. The exchange of copies of this Lease and of signature pages by electronic mail in “portable document format” (“pdf”) form or by any other electronic means shall constitute effective execution and delivery of this Lease, as long as the original signatures will follow in the mail. 36. SUPERSEDURE. This Lease supersedes and voids any prior license, lease or agreement of any kind between State and Lessee identified in this Lease with regards to the Premises. 37. BINDING. The terms of this Lease and covenants and agreements herein contained shall apply to and shall bind and inure to the benefit of the heirs, representatives, assigns and successors in interest of the parties hereto. 38. ESSENCE OF TIME. Time is of the essence for each and all of the provisions, covenants and conditions of this Lease. End of Section 3 STATE OF CALIFORNIA DEPARTMENT OF GENERAL SERVICES REAL ESTATE SERVICES DIVISION Contra Costa Fair Page 16 of 16 Lease No. L-1762 IN WITNESS WHEREOF, this Lease has been executed by the parties hereto as of the date written below. STATE OF CALIFORNIA LESSEE: APPROVED: DIRECTOR OF DEPARTMENT OF COUNTY OF CONTRA COSTA, a GENERAL SERVICES political subdivision of the State of California By: By: TONY PSIHOPAIDAS, Manager BRIAN M. BALBAS State Owned Leasing and Development Public Works Director Date Executed: Date: APPROVAL RECOMMENDED: APPROVAL RECOMMENDED: STATE OWNED LEASING AND REAL ESTATE DIVISION DEVELOPMENT By: By: KARI CHISM JESSICA L. DILLINGHAM Associate Real Estate Officer Principal Real Property Agent By: STACEY SINCLAIR Senior Real Property Agent CONSENT OF: APPROVED AS TO FORM: 23RD DISTRICT AGRICULTURAL ASSOCIATION SHARON L. ANDERSON, COUNTY COUNSEL D.B.A. CONTA COSTA COUNTY FAIR By: By: JOE BRENGLE KATHLEEN M. ANDRUS Chief Executive Officer Deputy County Counsel RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #26-355-12 with East Bay Newborn Specialists, Inc., a corporation, in an amount not to exceed $554,000, to provide neonatology services for Contra Costa Regional Medical Center (CCRMC) and Health Center patients, for the period January 1, 2021 through December 31, 2023. FISCAL IMPACT: This contract will result in contractual service expenditures of up to $554,000 over a 3 year period and will be funded 100% by Hospital Enterprise Fund I revenues. BACKGROUND: Due to the limited number of specialty providers available within the community, CCRMC and Contra Costa Health Centers relies on contracts to provide necessary specialty health services to its patients. CCRMC has contracted with East Bay Newborn Specialist, Inc. for neonatology specialty services since 1998. On January 9, 2018, the Board of Supervisors approved Contract #26-355-11 with East Bay Newborn Specialists, Inc., to provide neonatology services at CCRMC and Health Centers for the period January 1, 2018 through December 31, 2020. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Samir Shah, M.D., 925-370-5525 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Alaina Floyd, marcy.wilhelm C. 49 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 2, 2021 Contra Costa County Subject:Contract #26-355-12 with East Bay Newborn Specialists, Inc. BACKGROUND: (CONT'D) Approval of Contract #26-355-12 will allow the contractor to continue providing neonatology services at CCRMC and Health Centers through December 31, 2023. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County’s patients requiring neonatology services at CCRMC will not have access to the contractor’s services, which may result in a reduction in levels of service to the community. RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Department (EHSD) Director, or designee, on behalf of the Children and Family Services (CFS) Bureau to accept a grant award in the amount of $113,600 from the California Department of Housing & Community Development for the Transitional Housing Program (THP) Round 2 over two years from the period of grant award through June 30, 2023. (No County match) FISCAL IMPACT: County to receive $113,600 from the State of California, Department of Housing & Community Development in Fiscal Year 2021-2022 to fund the Transitional Housing Program over a two-year period. There is no required cash or in-kind match. BACKGROUND: The State of California, Department of Housing and Community Development (“Department”) has allocated $8 million in grants to counties under the Transitional Housing Program (“THP” or “Program”) authorized by item 2240-102-0001 of Section 2.00 of the Budget Act of 2020 (Chapter 6 of the Statutes of 2020) and Chapter 11.7 (commencing with Section 50807) of Part 2 of Division 31 of the Health and Safety Code. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District 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 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: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 50 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:February 2, 2021 Contra Costa County Subject:Transitional Housing Program ROUND 2 Funds BACKGROUND: (CONT'D) Funds will be used to provide housing stability to help young adults aged 18 years and up to 25 years secure and maintain housing, with priority given to young adults in the foster care system. EHSD will use the funding to support and expand existing THP programs and contracts with housing assistance programs in the county. EHSD will coordinate with the Contra Costa Health, Housing, and Homelessness (H3) as the local Continuum of Care to foster communication and collaboration. Pros and cons of request: Pros: Leverages existing Coordinated Entry System services and community-based partners to address gaps in housing services for homeless youth. Focuses on prevention in order for youth adults to remain safely in their homes and avert homelessness and entry into shelters and foster care system. Builds and maintains capacity for the County’s housing & homelessness systems to further leverage Health, Housing and Homelessness (H3) funding streams. Cons: Sustainability of program funding beyond end of grant term, June 30, 2023. CONSEQUENCE OF NEGATIVE ACTION: Without funding, the County will continue to face an increasing number of homeless and runaway youth without access to housing and preventative services. AGENDA ATTACHMENTS Resolution 2021/47 MINUTES ATTACHMENTS Signed Resolution No. 2021/47 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/02/2021 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/47 In The Matter Of: Transitional Housing Program ROUND 2 Funds WHEREAS,the State of California, Department of Housing and Community Development (“Department”) issued an Allocation Acceptance form, dated July 27, 2020 under the Transitional Housing Program (“THP” or “Program”) for $8 million authorized by item 2240-102-0001 of Section 2.00 of the Budget Act of 2020 (Chapter 6 of the Statutes of 2020) and Chapter 11.7 (commencing with Section 50807) of Part 2 of Division 31 of the Health and Safety Code; and WHEREAS, the Allocation Acceptance form relates to the availability of THP ROUND 2 Allocation funds; and WHEREAS, Contra Costa County Employment & Human Services Department, was mentioned in the Allocation Acceptance form dated July 27, 2020; and WHEREAS,Contra Costa County is hereby authorized and directed to apply for and accept their THP ROUND 2 allocation award, as detailed in the Allocation Acceptance form, up to the amount authorized in the Allocation Acceptance form and applicable state law; and WHEREAS, Kathy Gallagher, Agency Director, or her designee, is hereby authorized and directed to act on behalf of County in connection with the THP ROUND 2 Allocation Award, and to enter into, execute, and deliver any and all documents required or deemed necessary or appropriate to be awarded the THP ROUND 2 Allocation Award, (collectively, referred to as the “TRANSITIONAL HOUSING PROGRAM ROUND 2 Allocation Award Documents”), and all amendments hereto; and WHEREAS, Contra Costa County shall be subject to the terms and conditions specified in the THP ROUND 2 Allocation Award Documents, and utilize funds in accordance with the Allocation Acceptance form, other applicable rules and laws, the THP Program Documents, and any and all THP requirements. Now, Therefore, Be It Resolved: that the Contra Costa County Board of Supervisors approve and authorize the Employment and Human Services Department (EHSD) Director, or designee, on behalf of the Children and Family Services (CFS) Bureau to accept a grant award in the amount of $113,600 from the California Department of Housing & Community Development for the Transitional Housing Program Round 2 over two years from the period of grant award through June 30, 2023. Contact: Laura Pacheco 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: February 2, 2021 Monica Nino, 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 Contract Amendment Agreement #24-680-39 with Telecare Corporation, a corporation, effective January 1, 2021, to amend Contract #24-680-38, to increase the payment limit by $93,247, from $1,815,818 to a new payment limit of $1,909,065, with no change in the term of July 1, 2020 through June 30, 2021. FISCAL IMPACT: Approval of this amendment will result in budgeted expenditures of up to $93,247 and will be funded by 71% Mental Health Realignment ($66,205) and 19% Hospital Enterprise Fund I ($17,717), and 10% County General Fund ($9,325) revenues. (No rate increase) BACKGROUND: This contract meets the social needs of the County’s population by providing gero-psychiatric services and subacute care for Severely and Persistently Mentally Ill (SPMI) County residents at Contractor’s Villa Fairmont Mental Health Center, Garfield Neuro-Behavioral Center, Gladman Psychiatric Health Facility, and Morton Bakar Center. This contract is part of the Department’s cost saving plan to reduce the number of high-cost State hospital beds by developing alternative placements. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District 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: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 51 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 2, 2021 Contra Costa County Subject:Amendment #24-680-39 with Telecare Corporation BACKGROUND: (CONT'D) On May 26, 2020, the Board of Supervisors approved Contract #24-680-38 with Telecare Corporation in the amount of $1,815,818 for the provision of mental health gero-psychiatric services and sub-acute care for SPMI patients for the period from July 1, 2020 through June 30, 2021. Approval of Contract Amendment Agreement #24-680-39 will allow the contractor to provide additional services at Garfield Neuro-Behavioral Center client(s) with a major cognitive disorder(s) due to traumatic brain injuries through June 30, 2021. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, the contractor will not be compensated for additional services authorized by the County’s Behavioral Health Services Division. CHILDREN'S IMPACT STATEMENT: RECOMMENDATION(S): APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute an agreement with the California Department of Food and Agriculture to receive reimbursement in an amount not to exceed $1,680,956 to provide pest detection and trapping services for the period July 1, 2020 through June 30, 2022. FISCAL IMPACT: Agreement will reimburse the County for expenses incurred in an amount not to exceed $1,680,956 during the period July 1, 2020 through June 30, 2022 for pest detection and trapping services performed on behalf of the California Department of Food and Agriculture in Contra Costa County. This revenue has been budgeted in FY 20/21 and will be budgeted for FY 21/22. There is no county match of funds. BACKGROUND: The county shall provide for the placement and servicing of traps for the detection of exotic insect pests, which are considered hazardous to agriculture and the economy of California. The insects may include, but are not APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 608-6600 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 52 To:Board of Supervisors From:Matt Slattengren, Ag Commissioner/Weights & Measures Director Date:February 2, 2021 Contra Costa County Subject:20-0152 Insect Pest Detection Trapping BACKGROUND: (CONT'D) limited to: the Mediterranean Fruit Fly, Mexican Fruit Fly, Oriental Fruit Fly, Melon Fly, Gypsy Moth and Japanese Beetle. This agreement includes delimitation work associated with the detection of one or more life stages of target pests in the County, which involves placement of additional traps around the detected pest(s) to determine the severity of the infestation. The services shall be performed between July 1, 2020 through June 30, 2022. This agreement includes an indemnification provision, which obligates the County to indemnify and defend the State for claims or losses arising out of the performance of this agreement. CONSEQUENCE OF NEGATIVE ACTION: A negative action would result in the loss of revenue to the county and possible threat to our local agriculture and residents of Contra Costa County. ATTACHMENTS RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #26-614-16 with Sodexo America, LLC., a limited liability company, effective December 1, 2020, to amend Contract #26-614-14, to increase the payment limit by $200,000, from $899,000 to a new payment limit of $1,099,000, with no change in the original term of January 1, 2020 through December 31, 2021. FISCAL IMPACT: This amendment will result in additional contractual service expenditures of up to $200,000 for the last 13 months of this 2 year contract period and will be funded 100% by Hospital Enterprise Fund I revenues. (No rate increase) BACKGROUND: On March 10, 2020, the Board of Supervisors requested that the Governor proclaim a State of Emergency in Contra Costa County (Gov. Code Section 8625) due to COVID-19. The Health Department must use all available preventative measures to combat the spread of COVID-19 which includes testing and vaccine administration. The Department must enter into contracts for these services and competitive bidding requirements are suspended to the extent necessary to address the effects of COVID-19. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jaspreet Benepal, 925-370-5101 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm C. 53 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 2, 2021 Contra Costa County Subject:Amendment #26-614-16 with Sodexo America, LLC. BACKGROUND: (CONT'D) Due to the COVID-19 pandemic, Contra Costa Regional Medical Center (CCRMC) and Health Centers needs to rely on this contractors cleaning and sanitizing services more than ever. In addition to the previous cleaning and sanitizing of CCRMC and Health Centers they will now assist the department in cleaning COVID-19 testing tents in locations throughout Contra Costa County. These testing sites must be cleaned regularly to reduce the transmission of COVID-19. This contractor has been providing cleaning and sanitizing services to CCRMC and Health Centers since 2008. On March 10, 2020, the Board of Supervisors approved Contract #26-614-14 with Sodexo America, LLC for the provision of management and oversight of the Environmental Services Unit at CCRMC and Contra Costa Health Centers, for the period from January 1, 2020 through December 31, 2021. Approval of Contract Amendment Agreement #26-614-16 will allow the Contractor to provide additional cleaning and sanitizing services due to COVID-19, through December 31, 2021. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, CCRMC and Health Centers patients would be at higher risk for contracting COVID-19. RECOMMENDATION(S): APPROVE and AUTHORIZE the Chief Information Officer, or designee, to execute a software agreement with General Datatech (GDT) in an amount not to exceed $705,897 for purchase of CrowdStrike Falcon Complete, a managed endpoint protection service, for the period January 30, 2021 through January 29, 2022. FISCAL IMPACT: The cost for implementing Falcon Complete is $705,897 per year for 9,300 licenses and will cover all County departments except the Health Services Department. 100% General Fund (budgeted). BACKGROUND: APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Marc Shorr 925-608-4071 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 54 To:Board of Supervisors From:Marc Shorr, Chief Information Officer Date:February 2, 2021 Contra Costa County Subject:Purchase Software Licenses for the Department of Information Technology Supported Departments BACKGROUND: (CONT'D) style="font-size:12.0pt;">On January 3, 2020, the Library sustained a Ransomware attack on their administrative network. Library staff were unable to access any files stored on their servers. The attack also affected their ability to receive and send email. As part of the activities that enabled successful remediation of this event, the Department of Information Technology deployed CrowdStrike Falcon endpoint software to the Library, and other select departments, on a proof-of-concept basis. This software has successfully defended our departments since this time. CONSEQUENCE OF NEGATIVE ACTION: DoIT supported department’s infrastructure would be at risk of another possible attack. Critical Services would take longer to restore, causing further service impacts to citizens. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #27–799–11 with Health Management Systems, Inc., a corporation, in an amount not to exceed $3,000,000, to provide auditing services to Contra Costa Health Plan (CCHP), for the period from January 1, 2021 through December 31, 2023. FISCAL IMPACT: This contract will result in contractual service expenditures of up to $3,000,000 over a 3 year period and will be funded 100% by CCHP Enterprise Fund II revenues. BACKGROUND: CCHP is mandated by State and Federal law to have a comprehensive fraud, waste, and abuse prevention and detection program which must include measures that prevent, detect, and correct noncompliance with the Centers for Medicare and Medicaid Services (CMS) program requirements. On February 7, 2017, the Board of Supervisors approved Contract #27-799-6 with Health Management Systems, Inc., for the period from February 1, 2017 through January 31, 2019 for the provision of professional auditing services. On February 6, 2018, the Board of Supervisors approved Amendment Agreement #27-799-7 to add additional auditing service activities with no change to the payment limit APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sharron Mackey, 925-313-6104 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Leslie Walker, M Wilhelm C. 55 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 2, 2021 Contra Costa County Subject:Contract #27–799–11 with Health Management Systems, Inc. BACKGROUND: (CONT'D) of $3,000,000 or term. On May 5, 2018, the Board of Supervisors approved Amendment/Extension Agreement #27-799-8 to increase the payment limit by $300,000 to a new payment limit of $3,300,000 and extend the termination date from January 31, 2019 to December 31, 2020. On January 7, 2020, the Board of Supervisors approved Amendment Agreement #27-799-9 to add additional auditing service activities with no change to the payment limit of $3,300,000 or term. Approval of Contract #27–799–11, will allow the contractor to continue to provide professional auditing services, including fraud, waste, and abuse services, coordination of benefits, and overpayment recovery services for CCHP, through December 31, 2023. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, CCHP will be out of compliance with Medi-Cal Audit Corrective Action Plan requirements. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #27-640-10 with Noel T.D. Chiu, M.D., A Medical Corporation (dba Diablo Dermatology), in an amount not to exceed $1,050,000, to provide dermatology services to Contra Costa Health Plan (CCHP) members for the period from February 1, 2021 through January 31, 2024. FISCAL IMPACT: This contract will result in contractual service expenditures of up to $1,050,000 over a 3 year period and will be funded 100% by CCHP Enterprise Fund II. BACKGROUND: CCHP has an obligation to provide certain specialized professional health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County. This contractor has been part of the CCHP Provider Network since 2007. On February 12, 2019, the Board of Supervisors approved Contract #27-640-9 with Noel T.D. Chiu, M.D., A Medical Corporation, in the amount of $900,000 to provide dermatology services to CCHP members for the period from February 1, 2019 through January 31, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sharron Mackey, 925-313-6104 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 56 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 2, 2021 Contra Costa County Subject:Contract #27-640-10 with Noel T.D. Chiu, M.D., A Medical Corporation (dba Diablo Dermatology) BACKGROUND: (CONT'D) Approval of Contract #27-640-10 will allow the contractor to continue to provide dermatology services to CCHP members through January 31, 2024. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, CCHP members requiring dermatology services will not have access to Contractor’s services, this will result in a reduction of options in the CCHP Provider Network. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #26-700-14 with Jaison James, M.D., an individual, in an amount not to exceed $880,000, to provide orthopedic services for Contra Costa Regional Medical Center (CCRMC) and Health Center patients, for the period February 1, 2021 through January 31, 2022. FISCAL IMPACT: This contract will result in contractual service expenditures of up to $880,000 and will be funded 100% by Hospital Enterprise Fund I revenues. BACKGROUND: Due to the limited number of specialty providers available within the community, CCRMC and Contra Costa Health Centers relies on contracts to provide necessary specialty health services to its patients. CCRMC has contracted with Dr. James for orthopedic specialty services since 2011. On January 21, 2020, the Board of Supervisors approved Contract #26-700-13 with Jaison James, M.D., to provide orthopedic services, including consultation, training, medical and surgical procedures for CCRMC and Health Centers patients for the period from February 1, 2020 through January 31, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Samir Shah, M.D., 925-370-5525 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Alaina Floyd, M Wilhelm C. 57 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 2, 2021 Contra Costa County Subject:Contract #26-700-14 with Jaison James, M.D. BACKGROUND: (CONT'D) Approval of Contract #26-700-14 will allow the contractor to continue to provide orthopedic services through January 31, 2022. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County’s patients will not have access to the contractor’s services. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #77-032-4 with Vibra Hospital of Sacramento, LLC, a limited liability company, in an amount not to exceed $600,000, to provide long-term acute care hospital services for Contra Costa Health Plan (CCHP) members, for the period from February 1, 2021 through January 31, 2024. FISCAL IMPACT: This contract will result in contractual service expenditures of up to $600,000 over a 3 year period and will be funded 100% by CCHP Enterprise Fund II revenues. BACKGROUND: CCHP has an obligation to provide certain specialized health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County. This contractor has provided long term acute care hospital services to CCHP members as part of the CCHP Provider Network since 2017. On January 14, 2020, the Board of Supervisors approved Contract #77-032-3 with Vibra Hospital of Sacramento, LLC, in the amount of $700,000 to provide long term acute care hospital services for CCHP members, for the period February 1, 2020 through January 31, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sharron Mackey, 925-313-6104 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: K Cyr, M Wilhelm C. 58 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 2, 2021 Contra Costa County Subject:Contract #77-032-4 with Vibra Hospital of Sacramento, LLC BACKGROUND: (CONT'D) Approval of Contract #77-032-4 will allow the contractor to continue to provide long term acute care hospital services for CCHP members through January 31, 2024 CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, CCHP members requiring long term acute care hospital services will not have access to the contractor’s services, this will result in a reduction of options in the CCHP Provider Network. RECOMMENDATION(S): APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a contract with TRC Solutions, Inc., in an amount not to exceed $297,210 for the preparation of an Environmental Impact Report for the Martinez Refinery Renewable Fuels Project located in the Marathon Martinez refinery in the Martinez area, for the period of February 2, 2021 through August 2, 2022. (County File# LP20-2046) FISCAL IMPACT: There will be no impact to the General Fund. The contract is 100% funded by the applicant. BACKGROUND: On September 16, 2020, an application for a Land Use Permit (County File# LP20-2046) was submitted by Tesoro Refining & Marketing Company LLC, an indirect, wholly owned subsidiary of Marathon Petroleum Corporation, to the Department of Conservation and Development (DCD) to implement the Martinez Refinery Renewable Fuels Project, which would convert the Applicant’s Martinez Refinery facility from the processing of crude oil to the processing of renewable feedstocks. The DCD is the "Lead Agency" under the California Environmental Quality Act (CEQA) for the environmental review of the proposed project. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Joseph Lawlor, (925) 877-8251 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 59 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 2, 2021 Contra Costa County Subject:Contract with TRC Solutions, Inc., to prepare an Environmental Impact Report for the Martinez Refinery Renewable Fuels Project CONSEQUENCE OF NEGATIVE ACTION: If the proposed contract is not approved, TRC Solutions, Inc., will not be able to prepare the Environmental Impact Report. RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Employment and Human Services Director, to execute the renewal of a blanket purchase order with Spike's Produce in an amount not to exceed $450,000, for the purchase of fresh produce for the Department's children's food program, with the term January 1, 2021 through December 31, 2023. FISCAL IMPACT: Budgeted from 50% ($225,000) State (California Department of Education) and 50% ($225,000) Federal funds (Administration for Children and Families). [CFDA No. 93.600]. BACKGROUND: The Department utilizes this company to furnish fresh produce to provide daily food service to the 13 childcare centers operated by the Department. Fresh produce is vital to the well-being of the children at the centers. CONSEQUENCE OF NEGATIVE ACTION: If not approved, the County will not be able to make necessary purchases to operate the childcare centers. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Nasim Eghlima 681-6389 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Nasim Eghlima C. 60 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:February 2, 2021 Contra Costa County Subject:Approval of Blanket Purchase Order With Spike's Produce CHILDREN'S IMPACT STATEMENT: The Employment & Human Services Department Community Services Bureau supports three of Contra Costa County’s community outcomes - Outcome 1: Children Ready for and Succeeding in School, Outcome 3: Families that are Economically Self-sufficient, and Outcome 4: Families that are Safe, Stable, and Nurturing. These outcomes are achieved by offering comprehensive services, including high quality early childhood education, nutrition, and health services to low-income children throughout Contra Costa County. ATTACHMENTS Spikes Produce PO docs ,ContraCostaCounty|)}EmploymentandHumanServicesDepartment<cwormreteCommunityServices.BureauRequestforPurchaseOrderRequisition Vendor:Spike'sProduce:‘DeliveryAddress:1470CivicCt.(Suggested)414MarinaVista.AddressConcordCA94520Address.~~GitySaZipMartinezCA94556AdrianaArceo1.8.2024CityStateZip:-Requestedby=_DatethatlaUslenn,Ug/alAccountingApprovalDate Nameandaddressofvendormustbe.completed. Date|le.DetalledDescriptionofItem(s)requested——soeBoeateDeke.Quantity__.__IncludeItem#,Model#,Measurements,orPicturesofitem(s)UnitFrisebisPrice4RenewtheblanketPO1126001withSpikesProduceforallralatédproduce/items.$450,000.00:|$450,000.00Intheamountof$450,000.00fortheperiod.JanuaryToe©December31,2023Le (Previous.PO:F1126001)Subtotal:$450,000.00|SalesTax:Shipping/DeliveryCharge: Total!|$450,000.00-CSB801-PurchaseOrderRequisitionContentRevised:7/24/2007ElectronicConversion:8/18/06 SUPPLEMENTAL APPROVAL FORM FOR ITEMS OVER $25,000(if over $200,000-Board of Supervisors Approval needed) Department:EHSD-Community Services Bureau Date:1.8.2021 QD...Requestor:Sune,aya Telephone:{0 Y3)-(,3 é 4 Authorized Requestor Signature:BE pie ee 1.P.O.Requisition No.for renewal 2.Item.Dairy Products 3.Single Item tL Multiple Like Items X Integrated System [|__4,How does this purchase meet the Departments operational needs?Spike’s Produceis a local vendor that purchasesfrom local farmers.Untike other vendors who mayimporttheirproducefromothercountries,Spike’s Produce will help to guarantee that the freshest.produceis what is served to the children enrolled in our program which is imperative to ensure that weareprovidingthehighestqualityservicesinallaspectsofourprogram. BAS,0007,00 oy 5.Estimated cost:$99;900-00 from January 1,-2020-to December 31,2023 JoLN 6.Funding Source:Federal (50%)and State (50%)No County Funds 7.Information Techno logy Approval (Needed for acquisition of computer hardware,services,software)Computer Hardware,Services,and Software meet minimum-use guidelines. Signature:Date: 8.County Administrator Approval Signature:Date: Supplemental Approval Form Revised 120109 I HEREBY CERTIFY THAT: 1)I am an approved County department representative.|understand the County’s requirementsforcompetitivebidding,as well as the criteria for justification for sole source. 2)|have gathered the required technical information and have made a goodfaith effort toréviewcomparableand/or equal equipment /product/services.Copies are attached.. |certify to the best of my knowledge the Validity of the information contained herein. Department /Division /Office name (oOmmM in \—F YVIC VCs rear Department representative name (printname }= EBRD ecinen representative signature Date:\/Wf Qo2\ GSD PURCHASING OFFICE USE ONLY: BUYER:/______PURCHASING AGENT/DESIGNEE __4..: APPROVED:|NOT APPROVED:_DATE: COMMENTS: CCC Sole Source Procedure Form page 2 of 2 (REVISED:SEPTEMBER 2006 ) CRITERIA FORSOLESOURCE/BRAND PROCUREMENT “SOLE SOURCE JUSTIFICATION FORM” Please address by specific reference each question listed below (1-5)in your justification.Failure to respond to any of the questions mayresult in the rejection of your request. (When answering questions use separate sheets of paper as needed ) 1.Why was the particular product and /or vendor selected? The Gommunity Services Bureau Head Start Program strives to provide the highest.quality in our nutritional services to the children that are enrolled at our centers.Spikesproduceisalocalvendorthatpurchasesfromlocalfarmerswhichensuresthatproduce istrulyfresh.Nothing is imported from other countries.Furthermore,it.is also an investmentbackintoourcountysincetheyarealocalsmallbusiness. 2.Whatare the unique performancefactors ofthe selected product /service?-Provide detailed specifications and descriptions. Spike's Produce has excellent delivery service.Also,a key feature ofthis companythatisappreciatedisthattheykeeptheircustomersinformedofwhatcropsareready,whichinturnallowsustoprepareourmenuswiththefreshestproduceavailable. 3..Why are these specific factors required? The Head Start program is dedicated to providing the-children and families with qualityservices.In all areas including nutritional services,CSB is committed to ensuring that thechildrenareprovidedwithfresherandbettertastingproducts. 4.What other products /services have been examined and rejected? Produce has also be bought from other local grocery stores,but the quality andquantitydidnotmeetourstandards. 5.Whyare other sources providing like goods or services unacceptable? -Full explanation needed. Other sources have produce.that may be shipped in from other countries and deliveryservicescannotbemadetothecustomerdaily. CCC Sole Source Procedure page 1 of 2 RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #77-313 with Direct Dermatology Professionals, P.C., a professional corporation, in an amount not to exceed $900,000, to provide telehealth dermatology services to Contra Costa Health Plan (CCHP) members, for the period from January 1, 2021 through December 31, 2023. FISCAL IMPACT: This contract will result in contractual service expenditures of up to $900,000 over a three year period and will be funded 100% by CCHP Enterprise Fund II revenues. BACKGROUND: CCHP has an obligation to provide certain specialized health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County. This contractor will provide dermatology health care services utilizing telehealth technology video appointments to remotely facilitate services, including but not limited to diagnosis, consultation and care treatments for CCHP members during the COVID-19 pandemic to reduce in person visits. If a CCHP member requires an in-person visit, contractor will provide on an as-needed basis. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sharron Mackey, 925-313-6104 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: K Cyr, M Wilhelm C. 61 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 2, 2021 Contra Costa County Subject:Contract #77-313 with Direct Dermatology Professionals, P.C. BACKGROUND: (CONT'D) Under new Contract #77-313, contractor will provide telehealth dermatology services to CCHP members for the period January 1, 2021 through December 31, 2023. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, CCHP members requiring dermatology services will not have access to the contractor’s services, and this will result in a reduction of options in the CCHP Provider Network. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #76-579-6 with Jamal J. Zaka, M.D., an individual, in an amount not to exceed $900,000, to provide pulmonology services including clinic coverage, consultation, sleep studies and training at Contra Costa Regional Medical Center (CCRMC) and Health Centers, for the period from April 1, 2021 through March 31, 2024. FISCAL IMPACT: This contract will result in contractual service expenditures of up to $900,000 over a 3 year period and will be funded 100% by Hospital Enterprise Fund I revenues. BACKGROUND: Due to the limited number of specialty providers available within the community, CCRMC and Contra Costa Health Centers relies on contracts to provide necessary specialty health services to its patients. CCRMC has contracted with Dr. Zaka for pulmonology specialty services since 2017. On March 10, 2020, the Board of Supervisors approved Contract #76-579-4 with Jamal J. Zaka, M.D., for the provision of pulmonology services including clinic coverage, consultation, training and on-call services at CCRMC and Health Centers, through March 31, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Samir Shah, M.D., 925-957-5525 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Alaina Floyd, marcy.wilham C. 62 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 2, 2021 Contra Costa County Subject:Contract #76-579-6 with Jamal J. Zaka, M.D. BACKGROUND: (CONT'D) On January 19, 2021, the Board of Supervisors approved Contract Amendment Agreement #76-579-5, with Jamal J. Zaka, M.D., to increase the payment limit by $65,000 to a new payment limit of $300,000 due to an increase in pulmonology services rendered to COVID-19 patients, with no change to the original term of the contract. Approval of Contract #76-579-6 will allow the contractor to continue providing pulmonology services through March 31, 2024. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, County’s patients requiring pulmonology services at CCRMC will not have access to the contractor’s services, which may result in a reduction in levels of service to the community. RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with Atco Tow, Inc., effective February 2, 2021, to increase the payment limit of $250,000 by $200,000 to a new payment limit of $450,000 with no change to the contract term of February 1, 2019 to January 31, 2022, to provide on-call vehicle towing services, Countywide. FISCAL IMPACT: 100% Fleet Internal Services Fund. BACKGROUND: Public Works Fleet Services maintains all County vehicles. As such, vehicle towing is an important part in getting damaged or broken units from one point to another. COVID 19 and social distancing protocols have presented challenges with regards to the drop-off and pickup of County vehicles. As a result, the contract balance has risen substantially. This amendment will be adding $200,000 to the current contract limit of $250,000. This amendment is needed to ensure the County has access to the contractor's services through the term of the contract. The increase in contract limit will be used as needed, with no minimum amount that must be used. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Carlos Velasquez, (925) 313-7072 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 , County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 63 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 2, 2021 Contra Costa County Subject:Approve and Authorize Amendment No. 1 to the Contract with Atco Tow, Inc., Countywide. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved the County would be hampered in its ability to have vehicles towed as needed. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #77-268-1 with Choice In Aging, a non-profit corporation, in an amount not to exceed $6,000,000, to provide Community Based Adult Services (CBAS) services to Contra Costa Health Plan (CCHP) Medi-Cal members, for the period from February 1, 2021 through January 31, 2024. FISCAL IMPACT: This contract will result in contractual service expenditures of up to $6,000,000 over a 3 year period and will be funded 100% by Hospital Enterprise Fund I revenues. BACKGROUND: The CCHP has an obligation to provide certain specialized professional health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County. This contractor has been part of the CCHP Provider Network by providing CBAS services to CCHP Medi-Cal members since 2020. On February 25, 2020 the Board of Supervisors approved Contract #77-268 with Choice In Aging, a non-profit corporation, in the amount of $2,000,000 for the provision of CBAS services to CCHP Medi-Cal members, for the period February 1, 2020 through January 31, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sharron Mackey, 925-313-6104 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: K Cyr, M Wilhelm C. 64 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 2, 2021 Contra Costa County Subject:Contract #77-268-1 with Choice In Aging BACKGROUND: (CONT'D) Approval of Contract #77-268-1 will allow the contractor to continue to provide CBAS services to CCHP Medi-Cal members through January 31, 2024. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, CCHP Medi-Cal members requiring CBAS services will not have access to the contractor’s services, this will result in a reduction of options in the CCHP Provider Network. RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, or designee to execute, on behalf of the Sheriff-Coroner, a blanket purchase order with National Food Group, Inc., in an amount to not exceed $450,000, to provide frozen/dry food and related items as needed for the West County, Martinez and Marsh Creek detention facilities for the period January 1, 2021 through December 31, 2021. FISCAL IMPACT: $450,000 maximum. 100% County General Fund; Budgeted. BACKGROUND: The vendor provides the Office of the Sheriff with opportunity buys, enabling the department to take advantage of last minute deals from manufacturers for cut rates on high quality bulk food items, such as frozen green beans, potato products and poultry items as needed by the three detention facilities to support the feeding program requirements of the inmate population. This vendor has no strict minimums which also makes it more convenient for ordering. CONSEQUENCE OF NEGATIVE ACTION: The Sheriff's Office will be unable to procure various food items for County adult detention facilities from the vendor. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Heike Anderson, 925 655-0023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 , County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Heike Anderson, Alycia Rubio, Paul Reyes C. 65 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:February 2, 2021 Contra Costa County Subject:Purchase Order - National Food Group, Inc. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #77-316 with Tranquility, Incorporated, a corporation, in an amount not to exceed $750,000, to provide skilled nursing facility (SNF) services to Contra Costa Health Plan (CCHP) members, for the period from February 1, 2021 through January 31, 2024. FISCAL IMPACT: This contract will result in contractual service expenditures of up to $750,000 over a 3 year period and will be funded 100% by CCHP Enterprise Fund II revenues. BACKGROUND: CCHP has an obligation to provide certain specialized health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County. This contractor will provide SNF services in the CCHP Provider Network. Under this new Contract #77-316, the contractor will provide SNF services to CCHP members for the period February 1, 2021 through January 31, 2024. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sharron Mackey, 925-313-6104 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: K Cyr, M Wilhelm C. 66 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 2, 2021 Contra Costa County Subject:Contract #77-316 with Tranquility, Incorporated CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, CCHP members requiring SNF services will not have access to the contractor’s services, and this will result in a reduction of options in the CCHP Provider Network. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #77-314 with East Bay Cardiovascular & Thoracic Associates, Inc., a corporation, in an amount not to exceed $1,600,000, to provide cardiothoracic and vascular surgery services to Contra Costa Health Plan (CCHP) members, for the period April 1, 2021 through March 31, 2023. FISCAL IMPACT: This contract will result in contractual service expenditures of up to $1,600,000 over a two year period and will be funded 100% by CCHP Enterprise Fund II. BACKGROUND: CCHP has an obligation to provide certain specialized health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County. CCHP would like to add this contractor as a cardiothoracic and vascular surgery service provider in its Provider Network. Under new Contract #77-314, Contractor will provide cardiothoracic and vascular surgery services to CCHP members for the period April 1, 2021 through March 31, 2023. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sharron Mackey, 925-313-6104 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: K Cyr, M Wilhelm C. 67 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 2, 2021 Contra Costa County Subject:Contract #77-314 with East Bay Cardiovascular & Thoracic Associates, Inc. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, CCHP members requiring cardiothoracic and vascular surgery services will not have access to the contractor’s services, and this will result in a reduction of options in the CCHP Provider Network. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #74-592-2 with Jennifer Lee Miles, M.D., an individual, effective September 1, 2020, to amend Contract #74-592-1 to increase the payment limit by $54,104, from $199,680 to a new payment limit of $253,784, with no change in the term of April 1, 2020 through March 31, 2021. FISCAL IMPACT: Approval of this amendment will result in additional contractual expenditures of up to $54,104 and will be funded by 50% Federal Medi-Cal and 50% Mental Health Realignment revenues. BACKGROUND: The Behavioral Health Division has been contracting with Jennifer Lee Miles, M.D., since April 2019 for her expertise in providing outpatient psychiatric care to children and adolescents. Dr. Miles is a child psychiatrist who provides services to children, adolescents and young adults seen in the Contra Costa County's First Hope Program. 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: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District 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., 925-957-5169 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: E Suisala , M Wilhelm C. 68 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 2, 2021 Contra Costa County Subject:Amendment #74-592-2 with Jennifer Lee Miles, M.D. BACKGROUND: (CONT'D) In March 2020, the County Administrator approved and the Purchasing Services Manager executed Contract #74-592-1 with Jennifer Lee Miles, M.D., to provide outpatient psychiatric care to children and adolescents for the period from April 1, 2020 through March 31, 2021. Approval of Contract Amendment Agreement #74-592-2 will allow the contractor to provide additional outpatient psychiatric care, through March 31, 2021. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, this contractor will not provide additional psychiatric outpatient care to children and adolescents. 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. ATTACHMENTS RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #27-291-15 with Bay Area Retina Associates, a general partnership, in an amount not to exceed $7,500,000, to provide ophthalmology services for Contra Costa Health Plan (CCHP) members, for the period February 1, 2021 through January 31, 2024. FISCAL IMPACT: Approval of this contract will result in annual expenditures of up to $7,500,000 over three years and will be funded 100% by CCHP Enterprise Fund II. BACKGROUND: CCHP has an obligation to provide certain specialized professional health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County. This contractor has been a part of the CCHP Provider Network since 1997. On January 22, 2019, the Board of Supervisors approved Contract #27-291-14 with Bay Area Retina Associates, in the amount of $3,000,000 to provide ophthalmology services to CCHP members for the period February 1, 2019 through January 31, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sharron Mackey, 925-313-6104 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: K Cyr, M Wilhelm C. 69 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 2, 2021 Contra Costa County Subject:Contract #27-291-15 with Bay Area Retina Associates BACKGROUND: (CONT'D) Approval of Contract #27-291-15 will allow the contractor to continue to provide ophthalmology services to CCHP members for the period February 1, 2021 through January 31, 2024. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, CCHP members requiring ophthalmology services will not have access to the contractor’s services, this will result in a reduction of options in the CCHP Provider Network. RECOMMENDATION(S): APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay the San Ramon Valley Fire Protection District $33,000 for Emergency Medical Services (EMS) Fire First Responder medical equipment, medical supplies and EMS training to the San Ramon Valley Fire Protection District, as recommended by the EMS Director. FISCAL IMPACT: Funding for this expenditure has been budgeted under CSA EM-1, Zone A (Measure H). There is no General Fund impact. BACKGROUND: These funds are allocated to partially offset fire services’ added costs for medical supplies, equipment, and training through participation in an enhanced Emergency Medical Services system established through CSA EM-1. CONSEQUENCE OF NEGATIVE ACTION: Fire services would need to fund medical supplies, equipment and training out of their existing funds. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Marshall Bennett, 925-608-5454 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm, Patti Weisinger C. 70 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 2, 2021 Contra Costa County Subject:Fire Funding for Emergency Medical Services (EMS) Enhancements from Measure H Funds RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #27-830-5 with Pleasanton Physical Therapy Services, Inc. (dba Back on Track Physical Therapy), a corporation, in an amount not to exceed $1,500,000, to provide physical therapy services for Contra Costa Health Plan (CCHP) members, for the period from February 1, 2021 through January 31, 2023. FISCAL IMPACT: This contract will result in contractual service expenditures of up to $1,500,000 over a two-year period and will be funded 100% by CCHP Enterprise Fund II revenues. BACKGROUND: CCHP has an obligation to provide certain specialized health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County. This contractor has been a part of the CCHP Provider Network providing physical therapy services since February 1, 2011. On February 12, 2019, the Board of Supervisors approved Contract #27-830-4 with Pleasanton Physical Therapy Services, Inc., (dba Back on Track Physical Therapy), to provide physical therapy services for CCHP members, for the period from February 1, 2019 through January 31, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sharron Mackey, 925-313-6104 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: K Cyr, M Wilhelm C. 71 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 2, 2021 Contra Costa County Subject:Contract #27-830-5 with Pleasanton Physical Therapy Services, Inc. (dba Back on Track Physical Therapy) BACKGROUND: (CONT'D) Approval of Contract #27-830-5 will allow the contractor to continue providing physical therapy services for CCHP members through January 31, 2023. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized health care services will not be provided to CCHP members. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #27-686-8 with Michael P. Sherman, M.D., Ph.D., A Medical Corporation (dba Contra Costa Oncology), in an amount not to exceed $2,100,000, to provide oncology and hematology services to Contra Costa Health Plan (CCHP) members, for the period from February 1, 2021 through January 31, 2024. FISCAL IMPACT: Approval of this contract will result in contractual service expenditures of up to $2,100,000 over a three-year period and will be funded 100% by CCHP Enterprise Fund II revenues. BACKGROUND: CCHP has an obligation to provide certain specialized health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County. This contractor has been a part of the CCHP Provider Network since February 1, 2007 and has been providing oncology and hematology services on a contract basis since that date. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sharron Mackey, 925-313-6104 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: K Cyr, M Wilhelm C. 72 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 2, 2021 Contra Costa County Subject:Contract #27-686-8 with Michael P. Sherman, M.D., Ph.D., A Medical Corporation (dba Contra Costa Oncology) BACKGROUND: (CONT'D) On February 12, 2019, the Board of Supervisors approved Contract #27-686-7 with Michael P. Sherman, M.D., Ph.D., A Medical Corporation (dba Contra Costa Oncology), to provide oncology and hematology services to CCHP members, for the period February 1, 2019 through January 31, 2021. Approval of Contract #27-686-8 will allow the contractor to continue providing oncology and hematology services to CCHP members through January 31, 2024. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized health care services may not be provided to CCHP members. RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Department, a purchase order with Sam Clar Office Furniture, Inc., in the amount not to exceed $256,256 to purchase furniture for the Behavioral Health Administration office located at 1340 Arnold Drive, Suite 200, Martinez. FISCAL IMPACT: This purchase is funded 100% by non-recurring cost settlement funding. BACKGROUND: Sam Clar Office Furniture, Inc. has supplied needed furniture and installation for offices and other spaces to multiple Health Services Department (HSD) locations. Behavioral Health is remodeling their current office at 1340 Arnold Ste. 200, Martinez and requires furniture and workstations to accommodate staff that will utilize the office. CONSEQUENCE OF NEGATIVE ACTION: If this purchase order is not approved, Behavioral Health Division staff will not be able to complete their office remodel, and the staff will not have updated furniture or workstations to perform their work efficiently. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Suzanne Tavano, 925-957-5212 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm, Gennifer Moutain C. 73 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 2, 2021 Contra Costa County Subject:Purchase Order with Sam Clar Office Furniture, Inc. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #27-735-7 with David Gilbert, M.D., an individual, in an amount not to exceed $300,000, to provide ophthalmology services for Contra Costa Health Plan (CCHP) members, for the period from February 1, 2021 through January 31, 2024. FISCAL IMPACT: This contract will result in contractual service expenditures of up to $300,000 over a three-year period and will be funded 100% by CCHP Enterprise Fund II. BACKGROUND: CCHP has an obligation to provide certain specialized health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County. This contractor has continuously been a part of the CCHP Provider Network since February 1, 2008 for the provision of ophthalmology services for CCHP members. On January 22, 2019, the Board of Supervisors approved Contract #27-735-6 with David Gilbert, M.D., to provide ophthalmology services to CCHP members for the period February 1, 2019 through January 31, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sharron Mackey, 925-313-6104 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: K Cyr, M Wilhelm C. 74 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 2, 2021 Contra Costa County Subject:Contract #27-735-7 with David Gilbert, M.D. BACKGROUND: (CONT'D) Approval of Contract #27-735-7 will allow this contractor to continue to provide ophthalmology services through January 31, 2024. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, CCHP members requiring ophthalmology services will not have access to this contractor’s services, this will result in a reduction of options in the CCHP Provider Network. RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Director, to execute (1) a Purchase Order with Software One, Inc., in an amount not to exceed $6,700,000, and (2) an Enterprise Enrollment Agreement and Server and Cloud Enrollment Agreement with Microsoft, Inc. to renew licenses to Microsoft Enterprise Products and to purchase temporary additional licenses needed for COVID-19 contract tracing, for the period from January 1, 2021 through December 31, 2023. FISCAL IMPACT: Approval of this purchase order will result in expenditures of up to $6,700,000 and will be funded as budgeted by the department in FY 2020-21, by Hospital Enterprise Fund I. BACKGROUND: The Health Services Department (HSD) plans to renew licensed Microsoft Office 365 products (including Outlook, Excel, Word) and support through Microsoft’s authorized third party reseller Software One, Inc., and enroll in a new Enterprise Agreement and Server and Cloud Enrollment Agreement for the licensing of Microsoft applications. Additional temporary licenses are needed for COVID-19 contact tracing. HSD will terminate the additional licenses when no longer needed. The County will benefit from discount volume pricing negotiated for all California counties. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patrick Wilson, 925-335-8700 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Nick Hammel, Tasha Scott C. 75 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 2, 2021 Contra Costa County Subject:Purchase Order for Software One, Inc. and Microsoft Enterprise Agreement Renewal CONSEQUENCE OF NEGATIVE ACTION: Failure to renew HSD’s Microsoft licenses would impair HSD’s ability to continue using Microsoft products. RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Director, to execute a Purchase Order with Microsoft Corporation in an amount not to exceed $245,624 and a Microsoft Enterprise Work Order for Microsoft’s Unified Support for licensed products, for the period from January 20, 2021 through January 19, 2022. FISCAL IMPACT: Approval of this purchase order will result in annual expenditures of up to $245,624 and will be funded 100% by the Hospital Enterprise Fund I revenues. BACKGROUND: The County Health Services Department uses the Unified Support from Microsoft for advanced support on all Microsoft licenses on the Enterprise Agreement. This is an annual renewal for software support since 2019. Unified provides advanced support, faster response times, automatic escalations, and a dedicated account manager to assist in recovery solutions. This service also includes proactive support engagements for building out ad-hoc solutions and upgrades. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Patrick Wilson, 925-335-8700 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Nick Hammel, Marcy Wilhelm C. 76 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 2, 2021 Contra Costa County Subject:Purchase Order for Microsoft Corporation for Renewal of Unified Support CONSEQUENCE OF NEGATIVE ACTION: Failure to renew will result in drastically increased resolution times, decreased solution flexibility, and an overall reduction in resolution resources. RECOMMENDATION(S): RATIFY the execution of a Memorandum of Agreement with the City of Walnut Creek, including modified indemnification, for use of the Tice Valley Gymnasium as a COVID-19 vaccination site operated by the State of California. FISCAL IMPACT: No anticipated fiscal impact. BACKGROUND: Contra Costa County, along with Health Officers from the Bay Area, have announced Public Health Orders that require residents to stay home to limit the spread of the novel coronavirus, also known as COVID-19. This initial order was in effect until April 7, 2020, but was extended on March 31, 2020 to last through May 3, 2020. The March 31, 2020 order also expanded and clarified certain activities to deemed non-essential to include use of shared recreational facilities and most construction activities. In addition, on April 17, 2020, the Health Officer issued a "Cover Your Face" order, which went into effect on April 22, 2020. The new order requires face coverings when working in or visiting an essential business, riding on public transportation and visiting a healthcare facility. These critical interventions have been designed to reduce harm from the spread of the coronavirus in our community. All Bay Area Health Officers observed quickly mounting cases and serious illnesses across the region. Because the virus spreads so easily, without dramatic intervention like these orders, it would result in so many people needing medical attention in a hospital setting that County hospitals will be overwhelmed. The County may not have enough beds or APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Timothy M. Ewell, (925) 655-2043 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 , County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 77 To:Board of Supervisors From:Monica Nino, County Administrator Date:February 2, 2021 Contra Costa County Subject:RATIFY CONTRACT EXECUTED BY THE COUNTY ADMINISTRATOR IN RESPONSE TO THE COVID-19 EMERGENCY DECLARATION equipment to adequately care for the most seriously ill. And health care workers and other first responders, countywide, are also at risk. If those healthcare workers and first responders get sick there are fewer people to provide health care and first response services during the pandemic. The County Administrator, acting in the capacity as Administrator of Emergency Services (County Code Section 42-2.602) issued an emergency blanket purchase order in the amount of $20 million on Friday, March 20, 2020 for the procurement of services and supplies necessary to facilitate the COVID-19 response within the County. The Board of Supervisors subsequently ratified the County Administrator's action on March 31, 2020. Similarly, the County Administrator has entered into several agreements, including service contracts, license agreements and leases to support the activities responding to COVID-19. BACKGROUND: (CONT'D) Federal Disaster Relief Actions On Friday, March 13, 2020, President Trump declared a nationwide emergency in response to the growing COVID-19 pandemic pursuant to Sec. 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121-5207 (the “Stafford Act”). That action provides access to the Federal Emergency Management Agency (FEMA) Public Assistance program, which allows for a 75% Federal cost share on certain emergency protective measures taken at the direction or guidance of public health officials in response to the COVID-19 pandemic. Qualifying expenditures are those that are not supported by the authorities of another federal agency (i.e. reimbursement for response activities funded by another Federal agency grant program). Examples of reimbursable activities include the activation of Emergency Operations Centers, National Guard costs, law enforcement and other measures necessary to protect public health and safety. The Governor's Office of Emergency Services (CalOES) is facilitating the collection of FEMA Requests for Public Assistance (RPA) from agencies (public and private) impacted by the COVID-19 pandemic. CalOES has advised that RPA documents, which do not include a specific dollar amount of public assistance being requested, be filed no later than April 17, 2020. Filing of this document allows agencies, including the County, to be on record stating that costs have been incurred as part of the response effort and allows for a request to FEMA that a portion of those costs be reimbursed in the future. In addition, CalOES has requested that impacted agencies adopt required Project Assurances for Federal Assistance and a resolution designating agents that can act on behalf of the impact agency. On March 31, 2020, the Board of Supervisors took action to adopt Resolution No. 2020/112 authorizing the County Administrator to submit the RPA documents discussed above to CalOES to ensure the opportunity for Federal cost reimbursement. The County subsequently filed its RPA with FEMA, which was approved on April 17, 2020. The County has begun the process of developing and submitting FEMA reimbursements for the Great Plates and Non-Congregate Shelter programs, which have received pre-authorization from FEMA. The County does not anticipate that reimbursement from FEMA will occur in the current fiscal year and it is unknown when reimbursements may begin to flow back tothe County. State Disaster Request and Presidential Authorization Following the President's action, Governor Newsom requested that the Federal government declare a major disaster in California due to COVID-19. The President approved the State's request on Sunday, March 22, 2020, which activated additional Federal resources directed to assist California, including deployment of mobile hospital units and a U.S. Navy hospital ship among other things. Contra Costa County was a recipient of mobile field hospital equipment and took delivery of those resources at the Craneway Pavilion in Richmond, which will serve as a 250-bed alternate care site supporting the capacity of the County's hospital and clinic system. State Operated Vaccine Clinic On Friday, January 22nd, the State approached the County to site a COVID-19 vaccination clinic within the City of Walnut Creek. The County worked with the City of Walnut Creek to identify the Tice Valley Gymnasium (the Premises) as the site, primarily due to the large, open space which are necessary for COVID-19 vaccination sites. Individuals that receive the vaccinations are required to be monitored for a period of 15 minutes following receipt of the vaccination. The Walnut Creek location was determined by the State of California because Central Contra Costa County The Walnut Creek location was determined by the State of California because Central Contra Costa County had, at the time, the highest backlog of eligible patients waiting for the COVID-19 vaccine, which represented 62% of the countywide backlog. In addition, that area of the County had no vaccine appointments available within the next two weeks. The Memorandum of Agreement with the City makes the Premises available to the state contractor beginning on January 24, 2021 through July 31, 2021. The County, as Lessee, is responsible for the provision of janitorial and security services for the sites; however, the state contractor will provide those services. Should the contractor cease providing those services, then the County will provide the services, but those costs will be eligible for 100% FEMA reimbursement. CONSEQUENCE OF NEGATIVE ACTION: Contracts executed by the County Administrator in response to the COVID-19 emergency will not be ratified by the Board of Supervisors. RECOMMENDATION(S): 1. AUTHORIZE initiation of a General Plan Amendment (GPA) process to consider changing the General Plan land use designation from "Public and Semi-Public" (PS) to "Multiple-Family Residential-High Density" (MH) for a 5,750 square-foot (0.13-acre) vacant parcel located at 343 Rodeo Avenue in Rodeo, Assessor's Parcel Number 357-081-015. (File #GP20-0003) 2. ACKNOWLEDGE that granting this authorization does not imply any sort of endorsement for the application to amend the General Plan, but only that the matter is appropriate for consideration. FISCAL IMPACT: None. If the authorization is granted, the project applicant will pay application fees to cover the cost of processing the GPA. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Daniel Barrios (925) 877-8199 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 78 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 2, 2021 Contra Costa County Subject:343 Rodeo Avenue General Plan Amendment, County File #GP20-0003 BACKGROUND: The subject property was previously owned by the County and was purchased at auction by the current owners. The subject site, along with the adjacent parcel 341 Rodeo Avenue (APN 357-081-036), currently have a Public and Semi-Public (PS) General Plan land use designation. The next four parcels to the north and the four parcels to the south are designated Office (OF), there are five parcels south of those designated Multiple-Family Residential-High Density, and the land to the north and east is designated Downtown/Waterfront Rodeo Mixed-Use (M-2). The new property owner is interested in developing the subject site in a cohesive nature to the surrounding neighborhood. It is noted that adjacent parcels are developed as single-family residences, a four-plex, offices and commercial shops. Ideally, the applicant would like to develop the property to its maximum potential while still maintaining a cohesive development pattern in the community. As such, the applicant is requesting the Multiple-Family Residential-High Density (MH) land use designation, which has a density range of 22.0 – 29.9 units per net acre. This density translates to a range of three-to-four units on the subject property, at maximum. The MH land use designation is also consistent with the overall residential character of the community, and other examples of MH designations with multi-family development are present nearby. Staff emphasizes that authorization to proceed with the GPA process does not imply the Board's support or endorsement for the application to amend the General Plan, but only that this matter is appropriate for further consideration. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not authorize initiation of the GPA process, then an application to amend the General Plan cannot be filed and the subject site will retain its PS land use designation. ATTACHMENTS GP20-0003 Applicant Narrative Parcel Map General Plan Map Zoning Map Aerial Photo 1 August 27, 2020 Project name: 343 Rodeo Avenue Project Address: 343 Rodeo Avenue, Rodeo, CA 94572 A.P.N: 357-081-015 Zoning: PS - Public/ Semi-Public Applicants: Meles Eleyh & Ashur Abbasi Purpose of Application: Request for a General Plan Amendment; a rezoning to amend the zoning from PS (Public/ Semi-Public) to a Residential zone. Ownership: Meles Eleyh & Ashur Abbasi owns the subject property currently. Property Location: The subject property is known as Lot 30 and 31 in block 1, as shown on the map entitled, “subdivision of block 1 W, Town of Rodeo”, filed for record May 8, 1928, in Book 21 of Maps, Page 568. The subject property is a 0.13 acres (5,750 sq. ft.) currently vacant land located in 343 Rodeo Avenue. Project location NARRATIVE PROVIDED BY APPLICANT 2 Vicinity Map: Observations: 1. The subject lot is located within the public/ Semi-public zone district (PS). Surrounding properties are primarily single-family and multi-family homes. Subject Property’s Location on Zoning Map 3 Enlarged Zoning Map A. Subject property, 343 Rodeo Ave, Current Use: Vacant B. 341 Rodeo Ave, Current Use: Single-Family Residential C. 373 Rodeo Ave, Current use: Multi-Family Residential (Fourplex) D. 352, 358 & 364 Rodeo Ave, Current Use: Single-Family Residential E. 362 Parker Ave, Current Use: Office 2. Majority of neighbors located in Rodeo Avenue have residential uses. 3. The subject property has a total of the 5,750 square feet of the lot area and it has identical size and dimensions with adjacent property (373 Rodeo Ave.). A C E B D 4 343 Rodeo Ave; Lot Size: 50’x115’ = 5,750 SF 373 Rodeo Ave; Lot Size: 50’x115’ = 5,750 SF 373 Rodeo Avenue currently has a multi-family (fourplex) use. 4. The purpose of the rezoning is to be able to sell the lot to potential buyers who are highly interested to build the residential units in this property; otherwise, it seems impossible to sell the lot. The neighborhood in Rodeo Avenue is composed of the residential buildings with consistent Architectural character giving the neighborhood a cohesive appearance. Amending zoning from public/semi-public to a residential zone will match the neighborhood need and use. 5. If rezoning from public/ semi-public to a residential zone has approved we highly recommend rezoning to a zone with maximum allowable residential density (a similar use to 373 Rodeo Ave. (fourplex) with similar footprints is recommended if allowable). 5 Subject Lot’s Existing Photos: 6 Existing Adjacent Buildings Photos: 341 Rodeo Ave _ Single Family Residential 373 Rodeo Ave _ Multi-Family (Fourplex) 352 Rodeo Ave _ Single Family Residential 358 Rodeo Ave _ Single Family Residential 364 Rodeo Ave _ Single Family Residential 362 Parker Ave _ Office ASSESSOR’S MAP CONTRA COSTA COUNTY,CALIF. BOOK PAGE357 8 12 34 56 78 910 1112 1314 1516 1718 1920 2122 2324 2526 2728 2930 3132 3334 3536373839 40 41 42 43 44 1 2 3 4 5 678910 1112 1314 1516 1718 1920 2122 2324 2526 2728 2930 3132 3334 35363738394041424344 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2223 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 55025S79^08’W 125 2550 75 12575 50502525505050 41’8"41’8"12541’8"41’8"41’8"41’8"5050505050505050502525255050505025252510’N10^52’W251050125 25050125 S79^08’W 70 250 69 41 40 100 12546465504369 41 112 112 12536 362’438912538 2550353535505050505050505050505050125N10^52’W125125 37.537.5 50 25252525125 250 37.5 37.5 50 60115 75 40 20 55010010010010075 40 115 115 10055075752550501001005050505085 70 5050505050505050757550N10^52’W57.50 115 57.50 5050115 57.50 57.50 20 60 55 1157575 125’N10^52’W60 11570100 125 5025535THIRD STREET IN V E S T M E N T ST R E E T N82 ^ W AVE.PARKERSTREETFOURTHGARRETSONLAKEAVE.AVE.AVE.RODEO1958 H.R. 07 09 15 05 081 082 MAP OF RODEO A- B- 1- D-91 23 24 13 1431 12 15 32 09 16 17 18 07 19 06 20 05 04 03 21 2825 26 01 04 03 02 22 05 06 29 07 08 19 2509 26 23 10 15 11 1412 16 13 21 35 01 02 33 03 34 17 04 38 0615 14 07 13 12 11 29 32 37 36 083 082 081 .10Ac. .23Ac. "A" "B" 11 1 1 AAB A B B A 250 70 125 22W 14W 15 1"=100’ 29 2725 25252525PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE INFORMATION NOTE: THIS MAP WAS PREPARED FOR ASSESSMENT DELINEATED HEREON. ASSESSOR’S PARCELS MAY NOT COMPLY WITH LOCAL LOT SPLIT OR BUILDING SITE ORDINANCES. 27 30 28 "A" "B" "C" "D" 2- 2 2 2 17555554040404040402525505033 083 31 5/23/07 SUB’N BLK IW TOWN OF RODEO MB 21-568 62PM47 188PM39 1/27/78 11/10/03 37.5037.5037.5037.5030 Contra Costa County -DOIT GIS Legend 1:564 Notes0.00.01 THIS MAP IS NOT TO BE USED FOR NAVIGATION 0.0 0 Miles WGS_1984_Web_Mercator_Auxiliary_Sphere This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. GP20-0003 GENERAL PLAN: PUBLIC / SEMI-PUBLIC (PS) Board of Supervisors' Districts City Limits Unincorporated General Plan SV (Single Family Residential - Very Low) SL (Single Family Residential - Low) SM (Single Family Residential - Medium) SH (Single Family Residential - High) ML (Multiple Family Residential - Low) MM (Multiple Family Residential - Medium) MH (Multiple Family Residential - High) MV (Multiple Family Residential - Very High) MS (Multiple Family Residential - Very High Special) CC (Congregate Care/Senior Housing) MO (Mobile Home) M-1 (Parker Avenue Mixed Use) M-2 (Downtown/Waterfront Rodeo Mixed Use) M-3 (Pleasant Hill BART Mixed Use) M-4 (Willow Pass Road Mixed Use) M-5 (Willow Pass Road Commercial Mixed Use) M-6 (Bay Point Residential Mixed Use) M-7 (Pittsburg/Bay Point BART Station Mixed Use) M-8 (Dougherty Valley Village Center Mixed Use) M-9 (Montalvin Manor Mixed Use) M-10 (Willow Pass Business Park Mixed Use) M-11 (Appian Way Mixed Use) M-12 (Triangle Area Mixed Use) M-13 (San Pablo Dam Road Mixed Use) M-14 (Heritage Mixed Use) CO (Commercial) OF (Office) BP (Business Park) LI (Light Industry) HI (Heavy Industry) AL, OIBA (Agricultural Lands & Off Island Bonus Area) CR (Commercial Recreation) ACO (Airport Commercial) LF (Landfill) PS (Public/Semi-Public) PR (Parks and Recreation) OS (Open Space) AL (Agricultural Lands) AC (Agricultural Core) DR (Delta Recreation) WA (Water) Contra Costa County -DOIT GIS Legend 1:564 Notes0.00.01 THIS MAP IS NOT TO BE USED FOR NAVIGATION 0.0 0 Miles WGS_1984_Web_Mercator_Auxiliary_Sphere This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. GP20-0003 ZONING: RODEO AREA PLANNED UNIT DISTRICT (P-1) Board of Supervisors' Districts City Limits Unincorporated Zoning R-6 (Single Family Residential) R-6, -FH -UE (Single Family Residential - Flood Hazard and Urban Farm Animal Exclusion Combining District) R-6 -SD-1 (Single Family Residential - Slope Density and Hillside Development Combining District) R-6 -TOV -K (Single Family Residential - Tree Obstruction of View Ordinance and Kensington Combining District) R-6, -UE (Single Family Residential - Urban Farm Animal Exclusion Combining District) R-6 -X (Single Family Residential - Railroad Corridor Combining District) R-7 (Single Family Residential) R-7 -X (Single Family Residential - Railroad Corridor Combining District) R-10 (Single Family Residential) R-10, -UE (Single Family Residential - Urban Farm Animal Exclusion Combining District) R-12 (Single Family Residential) R-15 (Single Family Residential) R-20 (Single Family Residential) R-20, -UE (Single Family Residential - Urban Farm Animal Exclusion Combining District) R-40 (Single Family Residential) R-40, -FH -UE (Single Family Residential - Flood Hazard and Urban Farm Animal Exclusion Combining District) R-40, -UE (Single Family Residential - Urban Farm Animal Exclusion Combining District) R-65 (Single Family Residential) R-100 (Single Family Residential) D-1 (Two Family Residential) D-1 -T (Two Family Residential - Transitional Combining District) D-1, -UE (Planned Unit - Urban Farm Animal Exclusion Combining District) M-12 (Multiple Family Residential) M-12 -FH (Multiple Family Residential - Flood Hazard Combining District) M-17 (Multiple Family Residential) M-29 (Multiple Family Residential) F-R (Forestry Recreational) F-R -FH (Forestry Recreational - Flood Hazard Combining District) F-1 (Water Recreational) F-1 -FH (Water Recreational - Flood Hazard Combining District) A-2 (General Agriculture) A-2, -BS (General Agriculture - Boat Storage Combining District) A-2 -FH (General Agriculture - Flood Hazard Combining District) A-2 -SD-1 (General Agriculture - Slope Density and Hillside Development Combining District) A-2 -X (General Agriculture - Railroad Corridor Combining District) Contra Costa County -DOIT GIS Legend 1:564 Notes0.00.01 THIS MAP IS NOT TO BE USED FOR NAVIGATION 0.0 0 Miles WGS_1984_Web_Mercator_Auxiliary_Sphere This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. GP20-0003 ORTHOPHOTOGRAPHY Board of Supervisors' Districts City Limits Unincorporated Address Points Streets Assessment Parcels World Imagery Low Resolution 15m Imagery High Resolution 60cm Imagery High Resolution 30cm Imagery Citations RECOMMENDATION(S): APPROVE the CCRMC New CT Unit Project (Project) 2500 Alhambra Ave. [County Project No 250-2017 (WH534B) DCD-CP#20-27] (District V). DETERMINE the Project is a California Environmental Quality Act (CEQA), Class 15301(e) and 15311 Categorical Exemptions, pursuant to Article 19, Sections 15301 and 15311 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/Chief Engineer 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: $300,000. 100% Hospital Enterprise Funds. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sean O’Neil, (925) 313-2176 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 79 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 2, 2021 Contra Costa County Subject:APPROVE the CCRMC New CT Unit Project and take related actions under CEQA. BACKGROUND: Contra Costa County Regional Medical Center (CCRMC) is in need of new permanent CT (Computed Tomography) Machine. Due to the value CT images provide in identifying COVID 19 infections and as part of the effort in combating the COVID 19 pandemic, a new CT Unit trailer has been approved for installation next to the existing MRI unit. A portion of the trailer will be anchored to a concrete pad while the other portion will rest on a platform supported by concrete piers. Excavations up to 4 feet will be required to install the foundation. On April 28, 2020, the Board of Supervisors awarded a job order contract (JOC) for repair, remodeling, and other repetitive work to be performed pursuant to the Construction Task Catalog to each of Mark Scott Construction, Inc., Aztec Consultants, MVP Construction, and Staples Construction Company, Inc., each in the amount of $2,500,000. This project is expected to be performed by one of the four JOC contractors. A task order catalogue has been prepared for the JOC contractor to complete this Project. In the event that the Project is not performed by the JOC contractor, the Public Works Department will return to the Board for approval of plans and specifications and authorization to advertise and solicit bids. CONSEQUENCE OF NEGATIVE ACTION: Delay in approving the project may result in a delay of construction and may limit CCRMC’s capacity to monitor patients infected with COVID 19. ATTACHMENTS NOE RECOMMENDATION(S): 1. APPROVE designation of the 55-inch diameter Valley Oak tree identified as tree #1 in the attached site plan located on the property identified as 2031 Doris Avenue in unincorporated Walnut Creek as a Heritage Tree pursuant to Chapter 816-4 of the County Ordinance. 2. FIND that for the purposes of compliance with the California Environmental Quality Act, the project is categorically exempt under Government Code Section 15308, which identifies projects consisting of actions taken by regulatory agencies as authorized by local ordinance to assure maintenance of a natural resource, as being exempt from review; and, 3. DIRECT staff to post a Notice of Exemption with the County Clerk. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Daniel Barrios, (925) 877-8199 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 80 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:February 2, 2021 Contra Costa County Subject:Heritage Tree Nomination for 55-Inch Oak Tree at 2031 Dorris Avenue Walnut Creek, #HT18-0001 FISCAL IMPACT: None. The applicant has paid the cost of designating a heritage tree, and any further modifications to this designation will require the costs be paid by future applicants. BACKGROUND: Project Description This is a request by the property owner to nominate one Valley Oak tree pursuant to the Heritage Tree Preservation Ordinance (Chapter 816-4). The single tree proposed for heritage tree designation is located in the northeast corner of the property (2031 Doris Ave., Walnut Creek) at the property’s frontage along Doris Avenue. The subject Valley Oak tree measures approximately 55-inches in diameter (175 inches in circumference) as measured 4 1/2 feet from grade. The applicant has elected to nominate the trees for heritage status due to their age, size, and aesthetic value in preserving the nature of the subject property and neighborhood. Approval of a heritage tree designation provides the tree with additional protection. I. General Information General Plan: The subject site has a Single-Family Residential-Low Density (SL) General Plan designation. A. Zoning: The subject site is located in the Single-Family Residential (R-20) District. B. California Environmental Quality Act (CEQA) Compliance: The proposed project is exempt under Government Code Section 15308, which indicates that projects taken by regulatory agencies, as authorized by local ordinance, to assure the maintenance of natural resources are exempt from review. C. II. Site Description The subject property is approximately 20,800 square feet and developed with a single-family residence and assorted backyard improvements. The property slopes upward approximately 15 feet from west to east. There is significant tree coverage of the property, which is comprised of approximately 20 trees including the subject Valley Oak being nominated as a heritage tree. The trees include a variety of species, with the majority being Valley Oak and Coast Redwood, and they range in size from 6 to 55 inches in diameter. III. County Planning Commission This application was considered by the County Planning Commission (CPC) at the April 24, 2019 hearing. After taking public testimony, the CPC voted to adopt a motion recommending that the Board of Supervisors approve the heritage tree nomination of the subject Valley Oak tree. IV. Staff Analysis Appropriateness of Nomination: The Valley Oak tree nominated for designation meets the size criteria for designation as heritage trees, as is required under Section 816-4.402 (Heritage Tree Definition) of the County Ordinance. The subject Valley Oak tree measures approximately 55-inches in A. V. Ordinance. The subject Valley Oak tree measures approximately 55-inches in diameter (175 inches in circumference) as measured 4 1/2 feet from grade, where the minimum is 72 inches in circumference. In addition to its significant size and aesthetic benefits, the nominated tree is a major component of the project site’s history dating back to at least 1939, and it should be preserved to maintain property values. Suitable Marking of Trees: Upon designation, the heritage trees shall be clearly marked to notify the public of their heritage status. Pursuant to Condition of Approval #3 of this permit, the applicant is required to suitably mark and maintain the markers on the designated trees. B. Conclusion The tree nominated by the applicant is worthy of heritage tree designation. The subject tree meets the minimum criteria for designation and possesses unique character and value to both the subject properties and the County as a whole. Therefore, staff recommends that the County Board of Supervisors adopt a resolution to nominate the subject tree as a Heritage Tree. VI. CONSEQUENCE OF NEGATIVE ACTION: If the Board does not approve the designation of the heritage tree, then the subject tree will not be designated as a heritage tree and will remain subject to the standard provisions of the County Tree Protection and Preservation Ordinance (Section 816-6). AGENDA ATTACHMENTS Resolution 2021/30 1- Findings & COAs 2 - Parcel Page 3 - General Plan 4 - Zoning 5 - Aerial Photo 6 - Tree Pictures 7 - Site Plan MINUTES ATTACHMENTS Signed Resolution No. 2021/30 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 02/02/2021 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/30 IN THE MATTER OF designation of one Valley Oak tree, measuring approximately 55-inched in diameter (175 inches in circumference), located on the property identified as 2031 Doris Avenur in the Walnut Creek area, as a Heritage Tree pursuant to the Heritage Tree Preservation Ordinance (Chapter 816-4) WHEREAS, on June 28, 2018, Craig Frieders (Applicant) filed an application with the Department of Conservation and Development, County File #HT18-0001, to nominate one valley oak tree within the unincorporated area of Walnut Creek for Heritage tree status pursuant to the Heritage Tree Preservation District (Chapter 816-4); WHEREAS, for purposes of compliance with the California Environmental Quality Act (CEQA), staff determined that the proposed action is Categorically Exempt under Government Code Section 15308 insofar as CEQA exempts projects taken by regulatory agencies, as authorized by local ordinance, to assure the maintenance of natural resources; WHEREAS, after notice was issued as required by law, Wednesday, April 24, 2019, a hearing was scheduled before the County Planning Commission, at which time all interested were afforded the opportunity to testify before the Commission; the Commission, having fully considered all written and oral testimony on this matter, recommended to the Board of Supervisors the nomination of the subject trees as heritage trees; WHEREAS, after notice was issued as required by law, on Tuesday, January 19, 2021, a hearing on the recommendation of the County Planning Commission was scheduled before the Board of Supervisors, at which time all interested were afforded the opportunity to testify; and at which time the Board voted to direct staff to prepare a resolution for Board consideration; NOW, THEREFORE, the Contra Costa County Board of Supervisors resolves as follows: The Board of Supervisors makes the following Heritage Tree finding: The valley oak tree nominated for designation meets the size criteria for designation as heritage trees, as is required under Section 816-4.402 (Heritage Tree Definition) of the County Ordinance. The subject Valley Oak tree measures approximately 55-inched in diameter (175 inches in circumference) as measured 4 1/2 feet from grade, where the minimum is 72 inches in circumference. In addition to its significant size and aesthetic benefits, the nominated tree is a major component of the project site’s history dating back to at least 1939, and it should be preserved to maintain property values. Therefore, the nominated tree meets the requirements of Chapter 816-4 of the Ordinance Code to be designated a heritage tree. A. 1. Further, pursuant to Ordinance Code Section 816-4.404(e), the property owner is requested to appropriately mark the designated trees so as to provide continuing notice to the public of the Heritage tree status. 2. Contact: Daniel Barrios, (925) 877-8199 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: FINDINGS AND CONDITIONS OF APPROVAL FOR CRAIG FRIEDERS (APPLICANT & OWNER); COUNTY FILE #HT18-0001 I. HERITAGE TREE FINDING A heritage tree is defined as one of the following: 1. A tree seventy-two inches or more in circumference measured four and one- half feet above the natural grade; or 2. Any tree or a group of trees particularly worthy of protection, and specifically designated as a heritage tree by the Board of Supervisors pursuant to the provisions of Chapter 816-4 (Heritage Tree Preservation District), because of: i. Having historical or ecological interest or significance, or ii. Being dependent upon each other for health or survival, or iii. Being considered an outstanding specimen of its species as to such factors as location, size, age, rarity, shape, or health. Project Finding: The Valley Oak tree nominated for designation meets the size criteria for designation as heritage trees, as is required under Section 816-4.402 (Heritage Tree Definition) of the County Ordinance. The subject Valley Oak tree measures approximately 175 inches in circumference (approximately 55 inches in diameter) as measured 4 1/2 feet from grade, where the minimum is 72 inches in circumference. In addition to its significant size and aesthetic benefits, the nominated tree is a major component of the project site’s history dating back to at least 1939, and it should be preserved to maintain property values. Therefore, staff finds that the nominated tree meets the requirements of a heritage tree. II. CONDITIONS OF APPROVAL FOR COUNTY FILE #HT18-0001 1. Heritage Tree Nomination is granted for one (1) Valley Oak trees measuring 175-inches in circumference (approximately 55 inches in diameter). 2. This heritage tree nomination is granted based on the following documents: A. Application received by the Department of Conservation and Development, Community Development Division (CDD) on June 28, 2018; BOS – January 19, 2021 County File #HT18-0001 Findings and COAs Page 2 of 3 B. Site plan received by the CDD on July 27, 2018. 3. Within thirty (30) days of the effective date of this approval, the applicant shall provide evidence for review and approval of the CDD, indicating that the designated heritage trees have been appropriately marked so as to provide continuing notice to the public of their heritage tree status. The marking of the heritage trees shall be maintained for the life of the heritage tree designation. Preservation 4. No person shall destroy or remove the designated heritage trees unless a permit has been obtained as required under Section 816-4.10 (Permits) of the County Ordinance. 5. When proposed future development or construction encroaches into the dripline or a radius of twelve feet from the trunk of any designated heritage tree, whichever is greater, special construction to allow the roots to breathe and obtain water and nutrients shall be required, as determined necessary by the CDD to minimize damage to such tree visible above ground level. 6. Excavation, cuts, fills or compaction of the existing ground surface within the dripline or a radius of twelve feet from the trunk of a designated heritage tree, whichever is greater, shall minimize such damage to the root system so as to result in the least damage to such tree. Permission from the CDD is required prior to backfilling. 7. Tree wells may be used where approved by the CDD. 8. The cost of required pruning or other treatment to compensate for root damage and/or cost of removal shall be at the expense of the involved developer and/or contractor, but may be shared by the owner. Such pruning as is done shall not cause permanent injury or destroy any designated heritage tree. 9. No person shall store or dump any oil, gas, or chemicals that may be harmful to trees, nor place heavy construction machinery or construction materials within the dripline of any designated heritage tree or within a radius of twelve feet from the trunk of such tree, whichever is greater. 10. Burning of any material within or near the dripline of any designated heritage tree shall not be done where such will injure the tree. BOS – January 19, 2021 County File #HT18-0001 Findings and COAs Page 3 of 3 11. No person shall attach any wire (except as needed for support) or sign (other than approved tree identification signs) to any heritage tree where such wire or sign may damage such designated heritage tree. Damage Notification 12. The contractor, developer, or owner, or any agent thereof shall notify the CDD without undue delay of any damage that occurs to any heritage tree during construction. The cost of repair of the damage or tree replacement shall be at the expense of the responsible party and the repair work done according to standards approved by the CDD. ADVISORY NOTES ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL, BUT ARE NOT CONDITIONS OF APPROVAL. ADVISORY NOTES ARE PROVIDED IN ORDER TO INFORM THE APPLICANT OF ADDITIONAL REGULATIONS, ORDINANCES, AND REQUIREMENTS THAT MAY BE APPLICABLE TO THE PROPOSED PROJECT. A. NOTICE OF 90-DAY OPPORTUNITY TO PROTEST FEES, DEDICATIONS, RESERVATIONS, OR OTHER EXACTIONS PERTAINING TO THE APPROVAL OF THIS PERMIT. This notice is intended to advise the applicant that pursuant to Government Code Section 66000, et seq., the applicant has the opportunity to protest fees, dedications, reservations, and/or exactions required as part of this project approval. The opportunity to protest is limited to a 90-day period after the project is approved. The ninety (90) day period, in which you may protest the amount of any fee or the imposition of any dedication, reservation, or other exaction required by this approved permit, begins on the date this permit was approved. To be valid, a protest must be in writing pursuant to Government Code Section 66020 and delivered to the Department of Conservation and Development within 90 days of the approval date of this permit. 0.0 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles0.0 Notes Contra Costa County -DOIT GIS Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.010 1:564 General Plan: Single-Family Residential, Low Density City Limits Unincorporated Address Points Highways Highways Bay Area Streets General Plan SV (Single Family Residential - Very Low) SL (Single Family Residential - Low) SM (Single Family Residential - Medium) SH (Single Family Residential - High) ML (Multiple Family Residential - Low) MM (Multiple Family Residential - Medium) MH (Multiple Family Residential - High) MV (Multiple Family Residential - Very High) MS (Multiple Family Residential - Very High Special) CC (Congregate Care/Senior Housing) MO (Mobile Home) M-1 (Parker Avenue Mixed Use) M-2 (Downtown/Waterfront Rodeo Mixed Use) M-3 (Pleasant Hill BART Mixed Use) M-4 (Willow Pass Road Mixed Use) M-5 (Willow Pass Road Commercial Mixed Use) M-6 (Bay Point Residential Mixed Use) M-7 (Pittsburg/Bay Point BART Station Mixed Use) M-8 (Dougherty Valley Village Center Mixed Use) M-9 (Montalvin Manor Mixed Use) M-10 (Willow Pass Business Park Mixed Use) M-11 (Appian Way Mixed Use) M-12 (Triangle Area Mixed Use) M-13 (San Pablo Dam Road Mixed Use) 0.0 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles0.0 Notes Contra Costa County -DOIT GIS Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.010 1:564 Zoning: R-20 City Limits Unincorporated Address Points Highways Highways Bay Area Streets Zoning R-6 (Single Family Residential) R-6 -FH (Single Family Residential - Flood Hazard Combining District) R-6, -FH -UE (Single Family Residential - Flood Hazard and Urban Farm Animal Exclusion Combining District) R-6 -SD-1 (Single Family Residential - Slope Density and Hillside Development Combining District) R-6 -TOV -K (Single Family Residential - Tree Obstruction of View Ordinance and Kensington Combining District) R-6, -UE (Single Family Residential - Urban Farm Animal Exclusion Combining District) R-6 -X (Single Family Residential - Railroad Corridor Combining District) R-7 (Single Family Residential) R-7 -X (Single Family Residential - Railroad Corridor Combining District) R-10 (Single Family Residential) R-10, -UE (Single Family Residential - Urban Farm Animal Exclusion Combining District) R-12 (Single Family Residential) R-15 (Single Family Residential) R-20 (Single Family Residential) R-20, -UE (Single Family Residential - Urban Farm Animal Exclusion Combining District) R-40 (Single Family Residential) R-40 -FH (Single Family Residential - Flood Hazard Combining District) R-40, -FH -UE (Single Family Residential - Flood Hazard and Urban Farm Animal Exclusion Combining District) R-40, -UE (Single Family Residential - Urban Farm Animal Exclusion Combining District) R-65 (Single Family Residential) 0.0 THIS MAP IS NOT TO BE USED FOR NAVIGATION WGS_1984_Web_Mercator_Auxiliary_Sphere Miles0.0 Notes Contra Costa County -DOIT GIS Legend This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. 0.010 1:564 Aerial Photo City Limits Unincorporated Address Points Highways Highways Bay Area Streets Water Bodies County Boundary Bay Area Counties Assessor Parcels World Imagery Low Resolution 15m Imagery High Resolution 60cm Imagery High Resolution 30cm Imagery Citations RECOMMENDATION(S): ACCEPT the 2020 Annual Report for the Iron Horse Corridor Management Program Advisory Committee, as recommended by the Public Works Director, Alamo, Concord, Danville, Pleasant Hill, San Ramon and Walnut Creek areas. (District II & IV) FISCAL IMPACT: No fiscal impact. BACKGROUND: On June 18, 2002, the Board of Supervisors adopted Resolution No. 2002/377, which requires that each regular and ongoing board, commission, or committee shall annually report to the Board of Supervisors on its activities, accomplishments, membership attendance, required training/certification (if any), and proposed work plan or objectives for the following year. The attached report fulfills this requirement for the Iron Horse Corridor Advisory Committee. CONSEQUENCE OF NEGATIVE ACTION: The committee will not be in compliance with Resolution No. 2002/377. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Carl Roner (925) 313-2213 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Carrie Ricci- Duty, Slava Gospodchikov - Engineering Services , Carl Roner- Special Districts, Carl Roner- Special Districts C. 81 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:February 2, 2021 Contra Costa County Subject:ACCEPT the 2020 Annual Report for the Iron Horse Corridor Management Program Advisory Committee. (District II and IV) ATTACHMENTS 2020 Annual Report for the Iron Horse Corridor Management Program Advisory Committee Iron Horse Corridor Management Program Advisory Committee 2020 Annual Report Page 1 of 2 Advisory Body Name: Iron Horse Corridor (IHC) Management Program Advisory Committee Advisory Body Meeting Time/Locations: Committee meets quarterly 1st Monday at 4:30 p.m., Walnut Creek Library, or via Zoom. Chair: Andrew Bryant Staff Person: Carl J. Roner, Senior Civil Engineer Reporting Period: January 2020 through December 2020 Activities The Committee met two times between January 1, 2020, and December 31, 2020 . The Committee reviewed on a number of potential corridor projects, and monitored the IHC Trust Fund financials. Meeting and Working Session Attendance/Representation Representing Name Attendance District II At-Large Nanazin Shakerin (newly appointed) 50% - 1 meeting District IV At-Large Andrew Bryant 50% - 1 meeting Alamo Anne Struthers 100% - 2 meetings Concord Dan Mackay 50% - 1 meeting Danville Stewart Proctor (completed term) 50% - 1 meeting EBRPD Dan Cunning 100% - 2 meetings Pleasant Hill Shana Holden 100% - 2 meetings San Ramon Sabina Zafar (newly appointed) 0% - 0 meetings Walnut Creek Lesley Hunt 100% - 2 meetings CCTA John Hoang 50% - 1 meeting Work Program Task 1: Review and comment on the Iron Horse Corridor Budget The committee receives a quarterly update of Iron Horse Corridor Trust Fund revenues and expenditures. The committee will review the budget and make recommendations. Task 2: Review and comment on Project Status Log The committee receives a log of active projects in the Iron Horse Corridor and their status at quarterly advisory committee meetings. The committee will review the log and provide comments. Iron Horse Corridor Advisory Committee 2020 Annual Report Page 2 of 2 Task 3: Miscellaneous Items During 2020 the committee reviewed the following proposed items:  AB 1025/change in transit designation.  PG&E vegetation management program.  Maintenance/update of Walden Green II.  City of San Ramon Bollinger Canyon Road Overcrossing.  Iron Horse Corridor Active Transportation Study.  EBRPD E-Bike Pilot Program. G:\transeng\Iron Horse Corridor\BOS Annual Reports\2020 Annual Report.docx RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #23-076-11 with John Muir Health, Walnut Creek Campus, a non-profit corporation, for the County’s designation of John Muir Medical Center as a Base Hospital for County’s Emergency Medical Services (EMS) for the period from January 1, 2021 through December 31, 2023. FISCAL IMPACT: This is a nonfinancial agreement. BACKGROUND: This agreement designates John Muir Medical Centers as the EMS Base Hospital for Contra Costa County and sets the standards and requirements for Base Hospital personnel and Base Hospital activities. A “Base Hospital” is a hospital designated by the County EMS Agency to direct the advanced life-support system and prehospital care system assigned to it. In the case of this agreement, the Base Hospital will provide destination and prehospital on-line decision-making support to paramedic units. The Base Hospital functions within the County EMS system to facilitate and expedite safe, high-quality, patient-centered care, 24 hours per day, 7 days per week, without interruption. Designating a Base Hospital meets the needs of the County’s population by providing services to all patients transported in paramedic APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Marshall Bennett, 925-608-5454 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker, M Wilhelm C. 82 To:Board of Supervisors From:Anna Roth, Health Services Director Date:February 2, 2021 Contra Costa County Subject:Contract #23-076-11 with John Muir Health, Walnut Creek Campus BACKGROUND: (CONT'D) units, without regard to the patient’s destination. On January 10, 2017, the Board of Supervisors approved Agreement #23-076-10 with John Muir Health, Walnut Creek Campus for the County’s designation of John Muir Medical Center as a Base Hospital for County’s EMS for the period from January 1, 2017 through December 31, 2020. Approval of Agreement #23-076-11 will designate John Muir Medical Center as the Base Hospital for Contra Costa County through December 31, 2023. This contract includes mutual indemnification to hold harmless both parties for any claims arising out of performance of this contract. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County’s population will not receive services to patients transported in paramedic units, without regard to the patient’s destination. RECOMMENDATION(S): ACCEPT the report prepared by the Office of the Sheriff in accordance with Penal Code Section 4025(e) representing an accounting of all Inmate Welfare Fund receipts and disbursements for Fiscal Year 2019/2020. FISCAL IMPACT: None. This is an informational report. BACKGROUND: Penal Code Section 4025(e) states that money and property deposited in the Inmate Welfare Fund shall be expended by the Office of the Sheriff-Coroner primarily for the benefit, education, and welfare of the inmates confined within the jail. Any funds that are not needed for the welfare of inmates may be expended for the maintenance of county jail facilities. Maintenance of county jail facilities may include, but is not limited to, the salary and benefits of personnel used in the programs to benefit the inmates, education, drug and alcohol treatment, welfare, library, accounting, and other programs deemed appropriate by the Sheriff. An itemized report of these expenditures shall be submitted annually to the Board of Supervisors. This fund received APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Heike Anderson, (925) 655-0023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 , County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Heike Anderson, Alycia Rubio, Paul Reyes C. 83 To:Board of Supervisors From:David O. Livingston, Office of the Sheriff Date:February 2, 2021 Contra Costa County Subject:Accept the Fiscal Year 2019-2020 Inmate Welfare Fund Expenditure Report BACKGROUND: (CONT'D) the majority of its revenues from inmate telephone commissions and commissary sales. The Director of Inmate Services, working with the public members of the Inmate Welfare Committee, manages the delivery of professional services, establishes an annual budget and oversees expenditures for the Sheriff. The Inmate Welfare Fund continues to provide valuable professional, educational, and recreational services to persons in custody at the Martinez Detention Facility, West County Detention Facility, and the Marsh Creek Detention Facility. CONSEQUENCE OF NEGATIVE ACTION: The County will be out of compliance with Penal Code section 4025(e). ATTACHMENTS IWF FY 19-20 Inmate Welfare Fund Statement of Receipts, Disbursements, and Fund Balance Fiscal Year Ended June 30, 2020 Receipts: GTL Telephone Commissions $361,757 Canteen Commissions 767,234 WCDF Inmate Industries 21,766 WCDF Frame Shop 4,616 Investment Interest 16,830 Total Receipts $1,172,203 Disbursements: Entertainment Public Performance License & Movie Rental $ 2,559 Sub-Total $ 2,559 General Expenditures Inmate Furniture $307,820 Maintenance/Equipment Lease 10,835 1,865 (AB-109 Funded) Inmate Refreshment/Rewards 13,299 Personal Care/Hygiene 10,340 Furniture/Upholstery Repair 1,858 BART/Bus Tickets 73,000 (AB-109 Funded) Telerus (Inmate information line) 36,000 Other Svc/GSD, labor 2,867 Entertainment (TV, Board Games, Etc.) 27,909 Sub-Total $485,793 Education and Welfare Bay Area Chaplains Contractual Services $162,031 Office of Education Contractual Services 587 649,573 (AB-109 Funded) Library Program 265,355 Inmate Legal Services 25,557 MCDF Landscape Program 40,557 WCDF Inmate Industries 125,460 59,372 (AB-109 Funded) WCDF Frame Shop Program 32,212 Sub-Total $1,360,704 Other Staff Salaries/Benefits $360,416 Staff Travel Expenses 0 Communication 166 Office Supplies 1,341 Sub-Total $ 361,923 Total Disbursements, IWF & AB109 783,811 (AB-109) 1,427,168 (IWF) $2,210,979 Receipts less Disbursements (IWF Only) -$ 254,965 Cash & Investments $3,045,188 Total $2,790,224 Closing Date 12-31-2020 RECOMMENDATION(S): ACCEPT the November 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 and all issues pertaining to the Head Start Program and the Community Services Bureau. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Elaine Burres 608-4960 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 84 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:February 2, 2021 Contra Costa County Subject:ACCEPT the November 2020 Operations Update of the Employment and Human Services Department, Community Services Bureau ATTACHMENTS CSB Nov 2020 CAO Report CSB Nov 2020 HS Financial Report CSB Nov 2020 EHS Financial Report CSB Nov 2020 EHS CC Partnership 1 and 2 Financial Report CSB Nov 2020 CACFP Nutrition CSB Nov 2020 Credit Card Report CSB Nov 2020 LIHEAP CSB Nov 2020 Children's Menu P: 925 681 6300 F: 925 313 8301 1470 Civic Court , Suite 200 Concord, CA 94520 www.cccounty.us/ehsd To: David Twa, Contra Costa County Administrator From: Kathy Gallagher, EHSD Director Subject: Community Services Monthly Report Date: November 2020 News /Accomplishments  On Monday, November 16th Community Services Bureau (CSB) received the annual Monitoring Desk Audit report of the Community Services Block Grant program from The Department of Community Services and Development (CSD). The desk audit consisted of reviewing administrative, programmatic, and fiscal documents of the program and contract 20F-3007 and CARES contract 20F-3646. The desk audit concluded with no findings and instead highlighted the enhancements being made to programs that focus on nutrition, housing an d health, and legal aid services for residents facing possible eviction.  During the week of November 9, 2020, CSB received a Desk Review from Community Services and Development (CSD) for the Low Income Home Energy Program (LIHEAP) and Department of Energy (DOE) contracts. The Desk Review consists of verification of processes and activities such as, administrative policy review, client file verification, fiscal review, etc. CSD Field Representative will be identifying any potential recommendations, observations and/or findings throughout the week and will include it on the final monitoring report. Only findings will result in CSB creating a corrective action plan. At this time, no issues have been reported to CSB.  On Wednesday, November 18, 2020, the Educat ion Team hosted an early closure training for Site Supervisors and teaching teams on race and ethnic equity. The training was adapted from the Office of Head Start’s webinar on Advancing Racial and Ethnic Equity in Head Start. The training provided staff w ith anti-bias and anti -racism strategies that our program can use in daily practices, services, and systems. Key ideas presented in the training were supporting anti -bias teaching and promoting inclusive learning environments in our classrooms.  CSB was recognized by the California State Association of Counties (CSAC) for the Merit Award under the Government Finance, Administration & Technology section for its use of technology to enhance communication with families during COVID -19. CSB was amongst 363 programs that was honored this year. This is the second Merit Award that CSB has received for CLOUDS. A big thank you to Sung Kim and the entire CSB staff for contributing to this award.  CSB is so pleased to have been accepted to participate in the UCLA Hea lth Care Institutes “Strategies to Promote Wellness for Head Start Staff Through a Trauma Informed Lens” training. One of the first steps to incorporating a trauma -informed approach into our program is to recognize the signs and symptoms of trauma. We are thrilled to be able to send staff to this much -needed virtual training and look forward to learning more to be able to better support our children and families. cc: Policy Council Chair Administration for Children and Families Program Specialist, Chris Pflaumer 2  All partners were trained on Using the Home as Learning Environment to support parents on distance learning and they are all engaged and committed to making educational and social gains with their children and families as we navigate this pandemic.  The partner team is actively engaged in project planning to focus this ye ar’s Family Child Care Provider Refresher Training on services in a pandemic in addition to updates on requirements in all service areas.  Parents are receiving resources via email on Tuesdays and Thursdays, to link them with community resources, and provi de dental, nutrition, and parenting tips.  Childcare providers that provided services in July 2020 through the voucher programs (CalWORKs Stage 2 and Alternative Payment Program) for CSB children, will receive a one -time stipend. The flat-rate stipend amount for all childcare providers is based on the number of subsidized children enrolled in the month of July 2020. I. Status Updates: a. Caseloads, workload (all programs)  Head Start enrollment: 54.94%  Early Head Start enrollment: 82.64%  Early Head Start Child Care Partnership # 2 enrollment: 66.03%  Head Start Average Daily Attendance: 83.0%  Early Head Start Average Daily Attendance: 84.87%  Early Head Start Child Care Partnership (CCP) 2 Attendance: 85.30%  Stage 2: 545 children  CAPP: 413 children - In total: 958 children - Incoming transfers from Stage 1: 21 children  LIHEAP: 94 households have been assisted  CARES LIHEAP: 257 households served  Weatherization: 5 households served b. Staffing:  The Department continues to work with the CAO on cle aring essential positions to be filled permanently or by TU during the freeze. Key management, administrative and support positions remain vacant as we work through the process with support from Personnel and HR. c. Union o There are no union updates to report . II. Emerging Issues and Hot Topics:  There are no emerging issues and hot topics to report. 1 2 3 4 5 6 Actual Total YTD Total Remaining 83% Oct-20 Actual Budget Budget % YTD a. Salaries & Wages (Object Class 6a) Permanent 1011 312,544 3,104,988 4,474,341 1,369,353 69% Temporary 1013 5,632 176,552 337,830 161,278 52% a. PERSONNEL (Object class 6a)318,176 3,281,540 4,812,171 1,530,631 68% b. FRINGE BENEFITS (Object Class 6b) Fringe Benefits 211,293 2,088,680 2,978,208 889,528 70% b. FRINGE (Object Class 6b)211,293 2,088,680 2,978,208 889,528 70% 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 3,108 31,770 65,000 33,230 49% 2. Child and Family Services Supplies (Includesclassroom Supplies)6,620 22,308 475,000 452,692 5% 4. Other Supplies Health and Safety Supplies - - 1,000 1,000 0% Computer Supplies, Software Upgrades, Computer Replacement (14,249) 75,015 60,000 (15,015) 125% Health/Safety Supplies - 1,933 2,000 67 97% Mental helath/Diasabilities Supplies - 345 1,000 655 Miscellaneous Supplies 304 5,112 16,000 10,888 32% Emergency Supplies - - 1,000 1,000 0% Employee Morale 50 2,599 7,000 4,401 37% Household Supplies - - 6,000 6,000 0% TOTAL SUPPLIES (6e)(4,167) 139,082 634,000 494,918 22% 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 2,560 49,960 50,000 40 100% 5. Training & Technical Assistance - PA11 Interaction - 47,525 49,000 1,475 97% Diane Godard ($50,000/2)- 18,506 21,000 2,494 88% Josephine Lee ($35,000/2)- (676) 1,000 1,676 -68% Susan Cooke ($60,000/2)1,050 14,801 15,400 599 96% 7. Delegate Agency Costs First Baptist Church Head Start PA22 188,946 1,706,777 2,511,719 804,942 68% 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)10,271 49,345 74,823 25,478 66% First Baptist/Fairgrounds Enhance (68 slots x 12 x $225)31,968 72,873 136,404 63,531 53% 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 - 33,633 84,537 50,904 40% 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)234,795 2,572,199 3,600,996 1,028,797 71% h. OTHER (Object Class 6h) 2. Bldg Occupancy Costs/Rents & Leases 31,045 347,813 440,000 92,187 79% 4. Utilities, Telephone 10,713 186,110 208,500 22,390 89% 5. Building and Child Liability Insurance - 2,312 3,000 689 77% 6. Bldg. Maintenance/Repair and Other Occupancy 18,076 87,075 178,135 91,060 49% 8. Local Travel (55.5 cents per mile effective 1/1/2012)14 8,384 40,000 31,616 21% 9. Nutrition Services Child Nutrition Costs 20,446 193,437 351,000 157,563 55% (CCFP & USDA Reimbursements)- (59,432) (106,000) (46,568) 56% 13. Parent Services Parent Conference Registration - PA11 - 1,019 1,000 (19) 102% Parent Resources (Parenting Books, Videos, etc.) - PA11 - 768 825 57 93% 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 1,017 3,254 2,500 (754) 130% 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.)604 14,022 20,958 6,936 67% Staff Trainings/Dev. Conf. Registrations/Memberships - PA11 8,440 81,496 72,586 (8,910) 112% Family, Community and Parent Involvement - - 37,458 37,458 0% 17. Other Site Security Guards - 4,302 9,000 4,698 48% Dental/Medical Services - - 1,000 1,000 0% Vehicle Operating/Maintenance & Repair 19,058 83,215 95,000 11,785 88% Equipment Maintenance Repair & Rental 220 41,045 58,000 16,955 71% Dept. of Health and Human Services-data Base (CORD)833 8,333 10,100 1,767 83% Field Trips - - 2,000 2,000 0% Other Operating Expenses (Facs Admin/Other admin)9,049 517,178 603,000 85,822 86% Covid Expenditures (30,945) 40,705 481,415 440,710 8% Other Departmental Expenses - 962,106 3,189,700 2,227,594 30% h. OTHER (6h)88,571 2,539,712 5,750,452 3,210,740 44% I. TOTAL DIRECT CHARGES (6a-6h)848,668 10,621,214 17,804,569 7,183,356 60% j. INDIRECT COSTS - 342,642 990,786 648,144 35% k. TOTALS (ALL BUDGET CATEGORIES)848,668 10,963,855 18,795,355 7,831,500 58% Non-Federal Share (In-kind)181,964 2,960,373 4,228,594 1,268,221 70% CONTRA COSTA COUNTY - COMMUNITY SERVICES BUREAU HEAD START PROGRAM BUDGET PERIOD JANUARY - DECEMBER 2020 AS OF OCTOBER 2020 OCTOBER Total Remaining 83% DESCRIPTION YTD Actual Budget Budget %YTD a. PERSONNEL 3,281,540$ 4,812,171$ 1,530,631$ 68% b. FRINGE BENEFITS 2,088,680 2,978,208 889,528 70% c. TRAVEL - 28,742 28,742 0% d. EQUIPMENT - - - 0% e. SUPPLIES 139,082 634,000 494,918 22% f. CONTRACTUAL 2,572,199 3,600,996 1,028,797 71% g. CONSTRUCTION - - - 0% h. OTHER 2,539,712 5,750,452 3,210,740 44% I. TOTAL DIRECT CHARGES 10,621,214$ 17,804,569$ 7,183,356$ 60% j. INDIRECT COSTS 342,642 990,786 648,144 35% k. TOTAL-ALL BUDGET CATEGORIES 10,963,855$ 18,795,355$ 7,831,500$ 58% In-Kind (Non-Federal Share)2,960,373$ 4,228,594$ 1,268,221$ 70% CONTRA COSTA COUNTY - COMMUNITY SERVICES BUREAU HEAD START PROGRAM BUDGET PERIOD JANUARY - DECEMBER 2020 AS OF OCTOBER 2020 1 2 3 4 5 6 Actual Total YTD Total Remaining 83% Oct-20 Actual Budget Budget % YTD a. Salaries & Wages (Object Class 6a) Permanent 1011 25,098 375,490 419,962 44,472 89% Temporary 1013 - 392 1,107 715 35% a. PERSONNEL (Object class 6a)25,098 375,882 421,069 45,187 89% b. FRINGE (Object Class 6b)18,747 240,464 234,303 (6,161) 103% 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 30 465 5,500 5,035 8% 2. Child and Family Services Supplies (Includesclassroom Supplies)- 645 10,000 9,355 6% 4. Other Supplies Computer Supplies, Software Upgrades, Computer Replacement - 7,776 9,000 1,224 86% Health/Safety Supplies - - 200 200 0% Miscellaneous Supplies - 472 700 228 67% Household Supplies - 182 2,200 2,018 8% Employee Health and Welfare costs (formerly Employee morale)- - 200 200 0% TOTAL SUPPLIES (6e)30 9,541 27,800 18,259 34% 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 640 11,240 7,800 (3,440) 144% 5. Training & Technical Assistance - PA11 Interaction - - 1,500 1,500 0% Diane Godard ($50,000/2)- 9,188 10,500 1,313 88% Josephine Lee ($35,000/2)- 4,093 5,000 908 82% Susan Cooke ($60,000/2)- 900 5,500 4,600 16% 8. Other Contracts First Baptist/Fairgrounds and Lone Tree 13,390 71,970 115,140 43,170 63% First Baptist/East Leland and Kids Castle 15,450 99,280 181,800 82,520 55% Aspiranet - 488,840 812,040 323,200 60% Crossroads - 83,325 155,540 72,215 54% KinderCare - 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)29,480 932,745 1,681,896 749,151 55% h. OTHER (Object Class 6h) 2. Bldg Occupancy Costs/Rents & Leases 152 2,314 3,200 886 72% 4. Utilities, Telephone 45 1,851 3,600 1,749 51% 6. Bldg. Maintenance/Repair and Other Occupancy 311 1,626 4,600 2,974 35% 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 3% Vehicle Operating/Maintenance & Repair 611 2,478 9,000 6,522 28% Equipment Maintenance Repair & Rental - 2,955 4,000 1,045 74% 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 - 322,987 1,015,043 692,056 32% h. OTHER (6h)1,119 450,416 1,696,796 1,246,380 27% I. TOTAL DIRECT CHARGES (6a-6h)74,475 2,009,047 4,063,864 2,054,817 49% j. INDIRECT COSTS - 23,982 86,579 62,597 28% k. TOTALS (ALL BUDGET CATEGORIES)74,475 2,033,029 4,150,443 2,117,414 49% Non-Federal Share (In-kind)18,619 584,389 922,786 338,397 63% CONTRA COSTA COUNTY - COMMUNITY SERVICES BUREAU EARLY HEAD START PROGRAM BUDGET PERIOD JANUARY - DECEMBER 2020 AS OF OCTOBER 2020 OCTOBER Total Remaining 83% DESCRIPTION YTD Actual Budget Budget %YTD a. PERSONNEL 375,882$ 421,069$ 45,187$ 89% b. FRINGE BENEFITS 240,464 234,303 (6,161) 103% c. TRAVEL - 2,000 2,000 0% d. EQUIPMENT - - - 0% e. SUPPLIES 9,541 27,800 18,259 34% f. CONTRACTUAL 932,745 1,681,896 749,151 55% g. CONSTRUCTION - - - 0% h. OTHER 450,416 1,696,796 1,246,380 27% I. TOTAL DIRECT CHARGES 2,009,047$ 4,063,864$ 2,054,817$ 49% j. INDIRECT COSTS 23,982 86,579 62,597 28% k. TOTAL-ALL BUDGET CATEGORIES 2,033,029$ 4,150,443$ 2,117,414$ 49% In-Kind (Non-Federal Share)584,389$ 922,786$ 338,397$ 63% CONTRA COSTA COUNTY - COMMUNITY SERVICES BUREAU EARLY HEAD START PROGRAM BUDGET PERIOD JANUARY - DECEMBER 2020 AS OF OCTOBER 2020 DESCRIPTION OCTOBER Total Remaining 17% YTD Actual Budget Budget % YTD a. PERSONNEL 211,421 1,044,684 833,263 20% b. FRINGE BENEFITS 130,962 676,672 545,710 19% c. TRAVEL - 7,000 7,000 0% d. EQUIPMENT - - - 0% e. SUPPLIES 550 27,000 26,450 2% f. CONTRACTUAL 3,150 1,181,455 1,178,305 0% g. CONSTRUCTION - - - 0% h. OTHER 12,635 1,918,123 1,905,488 1% I. TOTAL DIRECT CHARGES 358,719 4,854,934 4,496,215 0% j. INDIRECT COSTS - 175,440 175,440 0% k. TOTAL-ALL BUDGET CATEGORIES 358,719 5,030,374 4,671,655 0% CONTRA COSTA COUNTY - EHSD COMMUNITY SERVICES BUREAU EARLY HEAD START - CHILDCARE PARTNERSHIP PROGRAM BUDGET PERIOD: SEPTEMBER 01, 2020 THROUGH AUGUST 31, 2021 AS OF OCTOBER 2020 Note: Administration for Children and Families (ACF) approved the non-federal share waiver request for this budget year [Head Start Act Section 640.(b)(4)]. The non-federal share requirement is now $0 at 0%. 1 23456 Expenditures a. PERSONNEL (Object Class 6a) Permanent 103,328.81 209,364 917,589 708,225 23% Temporary 1,327.34 2,057 127,095 125,038 2% TOTAL PERSONNEL (Object Class 6a)104,656.15 211,421 1,044,684 833,263 20% b. FRINGE BENEFITS (Object Class 6b) Fringe_Benefits 65,215.51 130,962 676,672 545,710 19% TOTAL FRINGE BENEFITS (Object Class 6b)65,215.51 130,962 676,672 545,710 19% c. TRAVEL (Object Class 6c) 1._Staff_Out-Of-Town_Travel_(Training_and_Technical_As - - 7,000 7,000 0% TOTAL TRAVEL (Object Class 6c)- - 7,000 7,000 0% e. SUPPLIES (Object Class 6e) 1._Office_Supplies 88.98 255 4,500 4,245 6% 2._Child_and_Family_Services_Supplies 295.53 296 8,000 7,704 4% 3. Other SuppliesComputer_Supplies,_Software_Upgrades,_Replacemens,_e tc - - 4,500 4,500 0% Miscellaneous_Supplies - - 5,000 5,000 0% Household_Supplies - - 5,000 5,000 0% TOTAL SUPPLIES (Object Class 6e)384.51 550 27,000 26,450 2% f. CONTRACTUAL (Object Class 6f) 1._Adm_Svcs_(e.g.,_Legal,_Accounting,_Temp_Help) - - 1,000 1,000 0% 2. Training and Technical Assistance Judy_Ann_Ventling_[Health_Services]_(Training_and_Tech nical Assistance)- - 20,000 20,000 0% Josephine_Lee_(Training_and_Technical_Assistance)- - 18,400 18,400 0% Crystal_McClendon_[Consultation_Services]_(Training_and Technical Assistance)- - 7,000 7,000 0% Susan_Rodgers_[FDC_Classes]_(Training_and_Technical_ Assistance)- - 7,000 7,000 0% Ayannakai_Nalo_[Reflective_Supervision_Workshops]_(Trai ning and Technical Assistance)2,100.00 2,100 7,000 4,900 30% Maria_St._John_[Reflective_Supervision_Consultation]_(Tra ining and Technical Assistance)1,050.00 1,050 7,000 5,950 15% Robert_Huffman_[Leadership_Workshops]_(Training_and_T echnical Assistance)- - 7,000 7,000 0% Interaction_Associates,_Inc._[Leadership_Workshops]_(Trai ning and Technical Assistance)- - 7,000 7,000 0% 3. Other Contracts Childcare_Services:_Aspiranet_[15_slots_@_$515_for_12_- - 92,718 92,718 0% Childcare_Services:_COCOKids_[52_slots_@_$515_for_1 - - 321,422 321,422 0% Childcare_Services:_COCOKids_[Loss_of_Subsidy]- - 3,000 3,000 0% Childcare_Services:_COCOKids_[Diapers,_Formula,_Wipe - - 18,260 18,260 0% Childcare_Services:_COCOKids_[Emergency_Health/Safe - - 10,000 10,000 0% Childcare_Services:_COCOKids_[Professional_Developme - - 10,000 10,000 0% Childcare_Services:_First_Baptist_Church_[24_slots_@_$- - 148,349 148,349 0% Childcare_Services:_KinderCare_[32_slots_@_$515_for_1 - - 197,798 197,798 0% Childcare_Services:_TinyToes_Preschool_[8_slots_@_$51 - - 49,450 49,450 0% Childcare_Services:_YMCA_[32_slots_@_$630_for_12_m - - 242,058 242,058 0% One_Solution_Technology_[Software_License,_Data_Mgm - - 7,000 7,000 0% TOTAL CONTRACTUAL (Object Class 6f)3,150.00 3,150 1,181,455 1,178,305 0% h. OTHER (Object Class 6h) 1._Rent 1,403.58 2,476 12,860 10,384 19% 2._Utilities/Telephone 117.00 117 7,600 7,483 2% 3._Building_Maintenance/Repair_and_Other_Occupancy 188.33 188 5,940 5,752 3% 4._Local_Travel_(57.5_cents_per_mile_effective_1/1/2020 - - 4,000 4,000 0% 5. Parent Services Parent_Activities,_Policy_Council,_and_Appreciation_(Site - - 1,000 1,000 0% 6. Accounting and Legal Services Auditor_Controllers - - 500 500 0% Data_Processing - - 3,700 3,700 0% 7. Training or Staff Development Agency_Memberships_(WIPLI,_Meeting_Fees,_NHSA,_NA - - 500 500 0% Staff_Trainings/Dev._Conf._Registrations/Memberships_-_- - 13,361 13,361 0% 8. Other Collaboration_with_Child_Development_Program - - 1,763,662 1,763,662 0% Vehicle_Operating/Maintenance_&_Repair 1,056.31 1,056 8,000 6,944 13% Equipment_Maintenance_Repair_and_Rental 36.27 4,297 2,000 (2,297) 215% Other_Operating_Expenses_(CSD_Admin,_Fac_Mgmt_All 4,418.14 4,502 95,000 90,498 5% TOTAL OTHER (Object Class 6h)7,219.63 12,635 1,918,123 1,905,488 1% I. TOTAL DIRECT CHARGES (Sum of Line 6a-6h) j._INDIRECT_COSTS_(19%_of_Salaries_only)- - 175,440 175,440 0% k. TOTAL FEDERAL (ALL BUDGET CATEGORIES)180,625.80 358,719 5,030,374 4,671,655 7% Actual Oct-20 CONTRA COSTA COUNTY - EHSD COMMUNITY SERVICES BUREAU EARLY HEAD START - CHILDCARE PARTNERSHIP PROGRAM BUDGET PERIOD: SEPTEMBER 01, 2020 THROUGH AUGUST 31, 2021 AS OF OCTOBER 2020 Note: Administration for Children and Families (ACF) approved the non-federal share waiver request for this budget year [Head Start Act Section 640.(b)(4)]. The non-federal share requirement is now $0 at 0%. Total YTD Actual Total Budget Remaining Budget YTD Percentage 17% 2020 Month covered OCTOBER Approved sites operated this month 13 Number of days meals served this month 22 Average daily participation 196 Child Care Center Meals Served: Breakfast 3,580 Lunch 4,319 Supplements 2,950 Total Number of Meals Served 10,849 Claim Reimbursement Total $25,927 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 Stat. Date Amount Program Purpose/Description 10/22/20 51.53 EHS-Child Care Partnership #2 Office Exp 10/22/20 103.04 HS CARES COVID-19 Office Exp 10/22/20 76.78 HS CARES COVID-19 Office Exp 231.35 10/22/20 1,474.81 HS CARES COVID-19 Books, Periodicals 10/22/20 (485.86) HS CARES COVID-19 Books, Periodicals 988.95 10/22/20 140.29 HS CARES COVID-19 Minor Furniture/Equipment 10/22/20 2,677.56 HS CARES COVID-19 Minor Furniture/Equipment 10/22/20 246.50 Indirect Admin Costs Minor Furniture/Equipment 3,064.35 10/22/20 194.66 HS Basic Grant Memberships 194.66 10/22/20 199.00 HS Basic Grant Training & Registration 10/22/20 125.00 HS Basic Grant Training & Registration 324.00 10/22/20 (157.23) HS CARES COVID-19 Educational Supplies 10/22/20 1,543.92 HS CARES COVID-19 Educational Supplies 1,386.69 TOTAL 6,190.00 COMMUNITY SERVICES BUREAU SUMMARY CREDIT CARD EXPENDITURE OCTOBER 2020 CAO Monthly Report Low-Income Home Energy Assistance Year-to-Date Expenditures As of October 31, 2020 1. 2020 LIHEAP WX Contract # 20B-2005 Term: Oct. 1, 2019 - June 30, 2021 Amount: WX $ 1,280,226 Total Contract 1,280,226$ Expenditures (1,011,676) Balance 268,550$ Expended 79% 2. 2020 LIHEAP EHA-16 Contract # 20B-2005 Term: Oct. 1, 2019 - June 30, 2021 Amount: EHA-16 $ 1,132,577 Total Contract 1,132,577$ Expenditures (738,487) Balance 394,090$ Expended 65% 3. 2020 LIHEAP CARES ACT (WX) Contract # 20U-2554 Term: Jul. 1, 2020 - Apr. 30, 2021 Amount: $ 117,272 Total Contract 117,272$ Expenditures - Balance 117,272$ Expended 0% 4. 2020 LIHEAP CARES ACT EHA-16 Contract # 20U-2554 Term: Jul. 1, 2020 - Apr. 30, 2021 Amount: EHA-16 $ 337,634 Total Contract 337,634$ Expenditures (19,614) Balance 318,020$ Expended 6% Note: EHA-16 is a term used to reference Emergency Crisis Intervention Program, Home Energy Assistance Program and Assurance-16 service components. Prepared: Nov. 19, 2020 fldr/fn:CAO Monthly Reports/WX YTD Exp-CAO Mo Rprt 10-2020 November 2020 – COMMUNITY SERVICES BUREAU PRESCHOOL MENU MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 2 BREAKFAST 1 ea. Fresh Apple ¾ c. Corn Chex Cereal LUNCH 1 ea. MEXICAN PIZZA (refried beans, tomato paste, chunky salsa) ½ oz. Shredded Mozzarella Cheese ¼ c. Roasted Carrots 1 ea. Fresh Kiwi 1 ea. + Whole Wheat Tortilla PM SNACK 1 pkg. Animal Crackers ½ c. 1% Milk 3 BREAKFAST 1 ea. Fresh Orange ½ sl. + Whole Wheat Cinnamon & Raisin Bread 1 ea. Turkey Sausage LUNCH 1 oz. TURKEY TACOS ½ oz. Queso Fresco ¼ c. Shredded Lettuce ⅛ c. Tomatoes ¼ c. Mango Chunks 2 ea. + Mini Corn Tortillas PM SNACK ½ c. Cucumber Slices & Carrot Sticks ⅛ c. Cottage Cheese Ranch Dip 4 BREAKFAST 1 ea. Fresh Banana ¾ c. Kix Cereal LUNCH ¾ c. PUMPKIN MOLE (pumpkin puree, mole paste, chicken legs) ¼ c. Broccoli Florets/Ranch Dressing ½ ea. Fresh Pear ¼ c. + Spanish Rice PM SNACK 1 pkg. Cheese Crackers ½ c. 1% Milk 5 BREAKFAST 1 ea. Fresh Orange ¾ c. Rice Chex Cereal LUNCH ½ c. JERK CHICKEN (garlic, corriander, paprika, cinnamon) ¼ c. Roasted Rainbow Baby Carrots ¼ c. Fresh Pineapple Salad ½ ea. + Pita Bread PM SNACK c. Lets Go Fishing Trail Mix (corn chex, pretzels, fish & cheese crackers) ½ c. 1% Milk 6 BREAKFAST 1 ea. Fresh Banana ½ ea. + Whole Wheat Bagel/Cream Cheese LUNCH 1 serv. CHICKEN CHILAQUILES WITH + CORN TORTILLA CHIPS ¼ c. Garlic Roasted Hericovert ½ ea. Fresh Smitten Apple PM SNACK ½ c. Tropical Fruit Salad 1 pkg. Graham Crackers 9 BREAKFAST 1 ea. Fresh Apple ½ c. Bran Cereal LUNCH ½ c. BLACK BEAN CHILI (black beans, pinto beans, garlic, onions, paprika, chili powder, tomato, tomato paste) ½ oz. Shredded Cheese ¼ c. Roasted Butternut Squash 1 ea. Fresh Kiwi 5 ea. + Corn Tortilla Chips PM SNACK 1 pkg. Graham Crackers ½ c. 1% Milk 10 BREAKFAST 1 ea. Fresh Banana ¾ c. Kix Cereal LUNCH 1 ½ oz. CHICKEN FAJITAS (bell peppers & onions) ¼ c. Roasted Broccoli 1 ea Fresh Persimon 1 ea. + Whole Wheat Tortilla PM SNACK ¾ c. Friends Trail Mix (kix, cheerios, corn chex, raisins, pretzels, & dried apricots) ½ c. 1% Milk 11 12 BREAKFAST 1 ea. Fresh Orange ½ ea. + English Muffin/Cream Cheese & Strawberries LUNCH 1 c. TOMATO BISQUE (diced tofu) ½ ea. + Grilled Cheese Sandwich ¼ c. Roasted Brussel Sprouts 1 sl. Fresh Cantaloupe PM SNACK Fruity Sunbutter Pitas 1 tbsp. Sunbutter ½ ea. Fresh Banana & ½ ea. Fresh Opal Apple ½ ea. Pita Bread 13 BREAKFAST ½ c. Mango Chunks 1 sq. + A – Z Bread LUNCH 1 ea. ROASTED & SMOKED TURKEY LEG ¼ c. Roasted Zucchini ½ ea. Fresh Pink Lady Apple ½ ea. + Whole Wheat Tortilla PM SNACK ⅛ c. Cottage Cheese ½ c. Fresh Pineapple Slices 16 BREAKFAST 1 ea. Fresh Orange ¾ c. Rice Chex Cereal LUNCH ½ c. BLACK BEAN SOUP (black beans, onion, garlic, tomato diced) ½ ea. + Grilled Cheese Sandwich ¼ c. Steamed Spinach ½ ea. Fresh Honey Crisp Apple PM SNACK 2 pkgs. Ritz Crackers ½ c. 1% Milk 17 BREAKFAST 1 ea. Fresh Satsuma Orange ½ c. Cornflakes LUNCH BUILD YOUR OWN TACO SALAD 1 ½ ozs. Ground Turkey ½ oz. Shredded Cheese ¼ c. Shredded Lettuce ⅛ c. Diced Tomatoes ¼ c. Fresh Papaya 5 ea. + Corn Tortilla Chips PM SNACK 1 ea. Fresh Pear 1 tbsp. Sunbutter 18 BREAKFAST ½ sl. + Cinnamon Wheat Toast 1 ea. Fresh Smitten Apple LUNCH 1 ea. CHICKEN SATAY ¼ c. Cucumber Slices/Ranch Dressing ½ ea. Fresh Red Pears ¼ c. + Brown Rice PM SNACK EARLY CLOSURE 19 BREAKFAST 1 ea. Fresh Banana ½ ea. + Whole Wheat English Muffin/Cream Cheese LUNCH 1 c. LENTIL & BUTTERNUT SQUASH STEW (lentils, onion, carrot, rainbow swiss chard, celery, butternut squash) ½ c. Gold Beet Salad (quinoa, feta cheese) 1 sq. + Homemade Whole Wheat Cornbread PM SNACK ½ c. Carrot Sticks & Zucchini Sticks/Italian dressing 1 pkg. Animal Crackers 20 BREAKFAST 1 ea. Fresh Pear ½ c. Cheerios LUNCH 1½ ozs. TURKEY & SWISS CHEESE Mayo & Mustard Dressing ¼ c. Green Leaf Lettuce ⅛ c. Tomato Slice ½ ea. Fresh Apple 1 sl. + Whole Wheat Bread PM SNACK ¼ c. Cucumber Slices ¼ c. Broccoli Florets ⅛ c. Cottage Cheese Ranch Dressing 23 BREAKFAST 1 ea. Fresh Tangerine ¾ c. Rice Chex Cereal LUNCH 1 serv. VEGETARIAN ENCHILADA CASSEROLE (cheese, black beans, corn, & + corn tortilla chips) ½ c. Tossed Green Salad/Italian Dressing ½ ea. Fresh Pear PM SNACK 1 pkg. Scooby Doo Cinnamon Grahams ½ c. 1% Milk 24 BREAKFAST 1 ea. Hard Boiled Egg ½ ea. + Whole Wheat Bagel/Cream Cheese 1 ea. Fresh Apple LUNCH 1 c. TURKEY SHEPERDS PIE (ground turkey, potato) ½ c. Spinach Salad/Ranch Dressing 1 ea. Fresh Tangerine Satsuma ½ ea. + Wheat Hamburger Bun PM SNACK 1 pkg. Goldfish Pretzel Crackers 1 ea. Fresh Kiwi 25 BREAKFAST ½ c. Pineapple Chunks 1 sq. + Homemade Zucchini Bread LUNCH 1 c.*TUSCAN TURKEY SOUP (onion, potato, kale, kidney beans, ground turkey, Low fat cream) ½ ea. Fresh Asian Pear ¼ c. Carrot Sticks ½ ea + Wheat Roll PM SNACK EARLY CLOSURE 26 27 30 BREAKFAST 1 ea. Fresh Apple ¾ c. Corn Chex Cereal LUNCH 1 ea. BAJA BEAN WRAP ¼ c. Fresh Jicama Sticks 1 ea. Fresh Kiwi 1 ea. + Whole Wheat Tortilla PM SNACK 1 ea. Hard Boiled Egg 1 ea. Fresh Orange ALL BREAKFAST & LUNCH SERVED WITH 1% MILK *Indicates vegetable included in main dish + Indicates Whole Grain Rich WATER IS OFFERED THROUGHOUT THE DAY RECOMMENDATION(S): ACCEPT the canvass of votes for the January 5, 2021 Special Election showing that the measure for Police Services for County Service Area P-6, Zone 1204, unincorporated area of Concord passed. FISCAL IMPACT: None BACKGROUND: Where each landowner of the affected area was allowed one vote for each acre or portion thereof, the measure for Police Services for County Service Area P-6, Zone 1204, unincorporated area of Concord passed. Each Resolution, so as to authorize a special tax on said properties located in unincorporated area in Concord, to maintain present level of police protection services and to provide additional funding for increased police protection services. Election results are attached as the Certificate of the County Clerk, Resolution No. 2020/279. CONSEQUENCE OF NEGATIVE ACTION: If unaccepted, Zone 1204 will not be formed. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Rosa Mena, 925.335.7806 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 , County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 85 To:Board of Supervisors From:Deborah R. Cooper, Clerk-Recorder Date:February 2, 2021 Contra Costa County Subject:ACCEPT CANVASS OF VOTES FOR POLICE SERVICE ELECTION IN CSA-P6, ZONE 1204 ATTACHMENTS Jan52021CanvassofVotes CONTRA COSTA POLICE SERVICE AREA P -6, ZONE 1204, SUBDIVISION 9495 OFFICIAL CANVASS The Election was conducted on January 5, 2021, by Landowners of the effected area. Each Landowner was allowed one vote for each acre or portion thereof. Total Landow ners Voted Yes No 1 4 4 0 RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner or designee, to accept an annual donation from the Blackhawk Homeowners Association in an initial amount of $100,000, to be used for supplementing the costs associated with adding an additional Deputy Sheriff - 40 hour position for County Service Area P-2A (Blackhawk area). FISCAL IMPACT: $100,000 in Donation from Blackhawk Homeowners Association. Zero Net County Cost. BACKGROUND: In 1985, the Board of Supervisors passed a County Ordinance allowing a parcel tax for the property in County Services Area P-2, Zone A – Blackhawk. The Ordinance specified that “[T]he Revenues raised by this tax are to be used solely for the purposes of obtaining, furnishing, operating and maintaining police protection personnel, and for such other police protection service expenses as are deemed necessary.” With the formation of County Services Area P-2A in 1985, the Office of the Sheriff began supplementing basic law enforcement services in the area, which includes Blackhawk and some adjacent communities, with a dedicated Lieutenant and three Deputy Sheriff positions. This supplemental coverage was funded by a parcel tax and a portion of the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Heike Anderson, 925 655-0023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 , County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Heike Anderson, Alycia Rubio, Paul Reyes C. 86 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:February 2, 2021 Contra Costa County Subject:Blackhawk Homeowners Association Contribution BACKGROUND: (CONT'D) ad valorem property tax collected from the new district. Since the beginning of the recession in 2008, to reduce costs the level of this supplemental coverage had been reduced by one deputy. The Blackhawk Police Advisory Committee wished to return to 3 deputies, effective January 1, 2018. To support the reinstatement of the third deputy, the Blackhawk Homeowners Association made annual monetary contributions (donations) of $100,000 to the CSA P-2A (Blackhawk) District. The acceptance of this annual donation, along with existing parcel and ad valorem property tax revenue, enabled the District to maintain staffing of a lieutenant and three deputies initially through 2020. The Blackhawk Homeowners Association requested to extend the duration of the ongoing annual contributions thru 2023. CONSEQUENCE OF NEGATIVE ACTION: The County will not receive $100,000 in donated revenue from the Blackhawk Homeowners Association. RECOMMENDATION(S): APPROVE the attached changes to the Arts and Culture Commission Bylaws to add two non-voting youth members, as recommended by the Family and Human Services Committee. (Consider with C. 42) FISCAL IMPACT: NA BACKGROUND: In order to promote youth participation and leadership in arts in the County, on November 2, 2020, the Arts and Culture Commission approved the recommendation to revise the Bylaws and add two non-voting Youth Advisors to the Commission. On January 25, 2021, the Family and Human Services Committee recommended the Board consider and approve the bylaw change to add the youth members. The AC5 is requesting that the Bylaws be modified to incorporate the following changes: APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 02/02/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dennis Bozanich 925-655-2050 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: February 2, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 87 To:Board of Supervisors From:Monica Nino, County Administrator Date:February 2, 2021 Contra Costa County Subject:Proposed Changes to the Arts and Culture Commission Bylaws, as recommended by the Family and Human Services Committee BACKGROUND: (CONT'D) The Commission will also include two non-voting Youth Advisor members. Each Youth Advisor will be a high school or college student. Each Youth Advisor will be interviewed and recommended by the Commission for appointment by the Board of Supervisors for a one-year term. Each Youth Advisor will perform a Commission-approved service project during their respective term. The Youth Advisors will be expected to attend all Commission meetings and other Commission activities as needed. Attached are draft Bylaws incorporating the proposed changes. The Arts and Culture Commission (AC5) of Contra Costa County was created in 1994 to advise the Board of Supervisors in matters and issues relevant to the arts and culture of the County; to advance the arts in a way that promotes communication, education, appreciation and collaboration throughout the County; to preserve, celebrate, and share the arts and culture of the many diverse ethnic groups who live in the county; to create partnerships with business and government; to increase communications and understanding between all citizens through art; and to create District Alliances in each Supervisorial District chaired by that appointee. Most importantly, the Commission will promote arts and culture as a vital element in the quality of life for all of the citizens of Contra Costa County. The current AC5 has nine members and one alternate. Each Supervisor appoints one member to represent his or his district. Four at-large members and one alternate member are recommended by the Commission for appointment by the Board of Supervisors. The Commission is separately seeking approval of the appointment of one youth member on this agenda The second appointment will be brought to the Board at a later time. CONSEQUENCE OF NEGATIVE ACTION: This bylaw change is recommended to increase public participation. CHILDREN'S IMPACT STATEMENT: NA ATTACHMENTS Bylaw Amendments - Redline Bylaw Amendments - Non-redline 1 | Page BY-LAWS OF THE ARTS AND CULTURE COMMISSION OF CONTRA COSTA COUNTY RECOMMENDED AMENDMENTS December, 2020 1. STATEMENT OF PURPOSE The function of the Arts and Culture Commission of Contra Costa County (Commission) is to advise the Board of Supervisors on matters and issues relevant to arts and culture; to advance the arts in a way that promotes communication, education, appreciation and collaboration throughout Contra Costa County; to preserve, celebrate and share the arts and culture of the many diverse ethnic groups who live in Contra Costa County; to create partnerships with business and government; to increase communication and understanding between all citizens through art; and to create District Alliances in each Supervisorial District. Most importantly, the Commission will promote arts and culture as a vital element in the quality of life for all of the citizens of Contra Costa County. 2. DUTIES OF COMMISSIONERS Each Commissioner is expected to: a. Support the functions of the Commission. b. Give all meetings and other Commission activities a priority on his/her calendar. c. Serve on and chair Commission committees and events. d. Keep current with all facts and information upon which the Commission must base its collective opinions and decisions. e. Participate in strategic planning and implementation of arts programming. f. Be an ambassador and proponent of the arts and the Commission in Contra Costa County and engage people from all cultural and ethnic groups in the arts and in the work of the Commission. 3. LOCATION OF MEETINGS Regularly scheduled Commission meetings will be held at the location designated by a majority of the Commission, and such location shall be accessible to the public. 4. MEMBERSHIP OF THE COMMISSION The Commission will have nine members and one alternate. Each Supervisor will appoint one member to represent his or her district. Four members will serve at-large and will be recommended by the Commission for appointment by the Board of Supervisors, as will the one alternate. The alternate may sit and vote for any absent member or vacant seat. 2 | Page The Commission will also include two non-voting Youth Advisor members. Each Youth Advisor will be a high school or college student. Each Youth Adviser will be interviewed and recommended by the Commission for appointment by the Board of Supervisors for a one-year term. Each Youth Adviser will perform a Commission-approved service project during their respective term. The Youth Advisers will be expected to attend all Commission meetings and other Commission activities as needed. 5. TERMS OF COMMISSIONERS Staggered terms are four years in length, ending June 30. Upon expiration of their term, Commissioners may continue to serve until their reappointment has been approved, or a successor is appointed. There are no term limits. 6. RESIGNATION AND/OR REMOVAL OF COMMISSIONERS Resignations from District seats shall be given in writing to the appointing District Supervisor. Resignations from at-large seats shall be given in writing to the Executive Director or the Chair. Resignation will be effective upon receipt of the written letter, unless a later effective date is specified in the resignation. Regular attendance is essential for the Commission to conduct regular business, accomplish annual goals as approved by the Board of Supervisors, and meet funding source program requirements. Any Commissioner who is absent from three (3) regular meetings in a 12-month period, may be asked to resign, unless good cause is shown and approved by the Commission (e.g., work assignment, accident, illness or death of a family member, vacation, or personal illness). 7. OFFICERS The officers are Chair, Vice-Chair, and Senior Commissioner. 8. ELECTION OF OFFICERS A three-member nomination committee, appointed by the Chair, will develop a slate of officers to be presented and elected by the Commission at the June meeting. If an office becomes vacant at any time, the Commission will elect a new officer at the first regularly scheduled meeting following the effective date of the vacancy. 9. TERMS OF OFFICE 3 | Page Each officer serves a term of one year, beginning in July and ending the following June. An officer may not serve more than two consecutive terms, unless 80% of the Commissioners approve the waiving of this bylaw provision. 10. DUTIES OF OFFICERS Chairperson 1. The Chair calls and presides over meetings of the Commission. 2. The Chair and the Executive Director, with input from the Commissioners, prepare the meeting agenda. 3. The Chair may delegate his/her duties to the Vice-Chair. 4. The Chair ensures that there is full participation of the Commissioners present during a duly held meeting. Vice-Chair 1. The Vice-Chair assumes the duties of the Chair in the Chair’s absence. 2. The Vice-Chair assumes the duties of the Chair for the remainder of the term of that office if the Chair is unable to continue. Senior Commissioner 1. The Commissioner with the most service time on the Commission, excluding the Chair and Vice-Chair, is the Senior Commissioner. 2. In the absence of the Chair and Vice-Chair, the Senior Commissioner will assume the duties of the Chair until either the Chair or Vice-Chair returns, or a new Chair or Vice-Chair is appointed. 11. THE STANDING COMMITTEES The Commission may create committees composed solely of members of the Commission, which can be standing committees, task forces, or ad hoc committees, as needed. Standing committees should meet at least quarterly or more frequently as needed. All actions approved by a standing committee will be referred to the Commission for final approval. Former Commissioners, the general public, and community members may, and are encouraged to, attend meetings of a standing committee, task force, or ad hoc committee, but may not be members of any committee. 1. Communications Committee – It is recommended that three Commissioners serve on the Communications Committee. The Communications Committee will develop plans to increase public visibility of both the Commission and the arts in Contra Costa County. Functions include public relations, marketing and media relations. 4 | Page 2. Public Arts Committee – It is recommended that three Commissioners serve on the Public Arts Committee. The Public Arts Committee will oversee the Arts Passages Program and other public art projects as directed by the Commission. 3. Executive Committee The Executive Committee is comprised of the Commission Chair, Vice-Chair, and Senior Commissioner. The Executive Committee will review and make recommendations concerning Commission staff, personnel matters, finance and budget, and Commission governance issues. The Executive Committee shall meet at least once every six months with the Executive Director to establish priorities and set agendas for the regular meetings of the Commission. 4. Arts Recognition Awards Committee – It is recommended that two Commissioners serve on the Arts Recognition Awards Committee. The Arts Recognition Awards Committee shall oversee the Annual Arts Recognition Program, including, but not limited to, establishing a project plan, reviewing the nomination forms for completeness, selecting judges, managing the judging process, selecting the artist to create the awards, and the coordination and preparation of the celebration honoring the recipients. 12. CONDUCT OF MEETINGS All meetings of the Commission and its committees shall be held in accordance with The Ralph M Brown Act and the County’s Better Government Ordinance. 13. QUORUM A majority of the total number of authorized seats on the Commission or on a committee must be present to constitute a quorum for meetings. If all authorized seats are not filled, this does not change the quorum requirement. With nine authorized seats, a quorum of the Commission is five Commissioners. The alternate may sit for any absent member or vacant seat and count toward a quorum. No business shall be conducted without a quorum. 14. AMENDING THE BY-LAWS Any proposed changes to these bylaws will be referred to the Executive Committee for review and recommendation to the Commission. The proposed changes to these bylaws shall be presented in writing at the next regularly scheduled meeting of the 5 | Page Commission and may be recommended to the Board of Supervisors by a two-thirds vote of the Commission members present. The proposed changes to these bylaws shall be effective upon approval by the Board of Supervisors. Adopted: 5/8/96 Amended: 8/14/96, 9/23/02, 10/09/02, 02/08/06, 10/02/07, 04/23/13, 02/03/15, 4/10/18, 9/8/20, 12/2/20 1 | P a ge BY-LAWS OF THE ARTS AND CULTURE COMMISSION OF CONTRA COSTA COUNTY 1. STATEMENT OF PURPOSE The function of the Arts and Culture Commission of Contra Costa County (Commission) is to advise the Board of Supervisors on matters and issues relevant to arts and culture; to advance the arts in a way that promotes communication, education, appreciation and collaboration throughout Contra Costa County; to preserve, celebrate and share the arts and culture of the many diverse ethnic groups who live in Contra Costa County; to create partnerships with business and government; to increase communication and understanding between all citizens through art; and to create District Alliances in each Supervisorial District. Most importantly, the Commission will promote a rts and culture as a vital element in the quality of life for all of the citizens of Contra Costa County. 2. DUTIES OF COMMISSIONERS Each Commissioner is expected to: a. Support the functions of the Commission. b. Give all meetings and other Commission activities a priority on his/her calendar. c. Serve on and chair C ommission committees and events. d. Keep current with all facts and information upon which the Commission must base its collective opinions and decisions. e. Participate in strategic planning and implementation o f arts programming. f. Be an ambassador and proponent of the arts and the Commission in Contra Costa County and engage people from all cultural and ethnic groups in the arts and in the work of the Commission. 3. LOCATION OF MEETINGS Regularly scheduled Commission meetings will be held at the location designated by a majority of the Commission, and such location shall be accessible to the public. 4. MEMBERSHIP OF THE COMMISSION The Commission will have nine members and one alternate. Each Supervisor will appoint one member to represent his or her district. Four members will serve at-large and will be recommended by the Commission for appointment by the Board of Supervisors, as will the one alternate. The alternate may sit and vote for any absent member or vacant seat. 2 | P a ge The Commission will also include two non-voting Youth Advisor members. Each Youth Advisor will be a high school or college student. Each Youth Adviser will be interviewed and recommended by the Commission for appointment by the B oard of Supervisors for a one-year term. Each Youth Adviser will perform a Commission-approved service project during their respective term. The Youth Advisers will be expected to attend all Commission meetings and other Commission activities as needed. 5. TERMS OF COMMISSIONERS Staggered terms are four years in length, ending June 30. Upon expiration of their term, Commissioners may continue to serve until their reappointment has been approved, or a successor is appointed. There are no term limits . 6. RESIGNATION AND/OR REMOVAL OF COMMISSIONERS Resignations from District seats shall be given i n writing to the appointing District Supervisor. Resignations from at-large seats shall be given in writing to the Executive Director or the Chair. Resignation will be effective upon receipt of the written letter, unless a later effective date is specified in the resignation. Regular attendance is essential for the Commission to conduct regular business , accomplish annual goals as approved by the B oard of Supervisors, and meet funding source program requirements. Any Commissioner who is absent from three (3) regular meetings in a 12-month period, may be asked to resign, unless good cause is shown and approved by the Commission (e.g., work assignment, accident, illness or death of a family member, vacation, or personal illness). 7. OFFICERS The officers are Chair, Vice -Chair, and Senior Commissioner. 8. ELECTION OF OFFICERS A three-member nomination committee, appointed by the Chair, will develop a slate of officers to be presented and elected by the Commission at the June meeting. If an office becomes vacant at any time, the Commission will elect a new officer at the first regularly scheduled meeting following the effective date of the vacancy. 9. TERMS OF OFFICE Each officer serves a term of one year, beginning in July and ending the following June. An officer may not serve more than two consecutive terms, unless 80% of the Commissioners approve the waiving of this bylaw provision. 3 | P a ge 10. DUTIES OF OFFICERS Chairperson 1. The C hair calls and presides over meetings of the Commission. 2. The C hair and the Executive Director, with input from the Commissioners, prepare the meeting agenda. 3. The Chair may delegate his/her duties to the Vice -Chair. 4. The C hair ensures that there is full participation of the Commissioners present during a duly held meeting. Vice-Chair 1. The Vice-Chair assumes the duties of the Chair in the Chair’s absence. 2. The Vice-Chair assumes the duties of the Chair for the remainder of the term of that office if the Chair is unable to continue. Senior Commissioner 1. The Commissioner with the most service time on the Commission, excluding the Chair and Vice-Chair, is the Senior Commissioner. 2. In the absence of the Chair and Vice -Chair, the Senior Commissioner will assume the duties of the C hair until either the Chair or Vice-Chair returns, or a new Chair or Vice-Chair is appointed. 11. THE STANDING COMMITTEES The Commission may create committees composed solely of members of the Commission, which can be standing committees, task forces , or ad hoc committees, as needed. Standing committees should meet at least quarterly or more frequently as needed. All actions approved by a standing committee will be referred to the Commission for final approval. Former Commissioners, the general public, and community members may, and are encouraged to, attend meetings of a standing committee, task force, o r ad hoc committee, but may not be members of any committee. 1. Communications Committee – It is recommended that three Commissioners serve on the Communications Committee. The Communications Committee will develop plans to increase public visibility of both the Commission and the arts in Contra Costa County. Functions include public relations, marketing and media relations. 2. Public Arts Committee – It is recommended that three Commissioners serve on the Public Arts Committee. The Public Arts Committee will oversee the Arts Passages Program and other public art projects as directed by the Commission. 4 | P a ge 3. Executive Committee The Executive Committee is comprised of the Commission Chair, Vice -Chair, and Senior Commissioner. The Executive C ommittee will review and make recommendations concerning Commission staff, personnel matters, finance and budget, and Commission governance i ssues. The Executive Committee shall meet at least once every six months with the Executive Director to establish priorities and set agendas for the regular meetings of the C ommission. 4. Arts Recognition Awards Committee – It is recommended that two Commissioners serve on the Arts Recognition Awards Committee. The Arts Recognition Awards Committee shall oversee the Annual Arts Recognition Program, including, but not limited to, establishing a project plan, reviewing the nomination forms for completeness, selecting judges, managing the judging process, selecting the artist to create the awards , and the coordination and preparation of the c elebration honoring the recipients. 12. CONDUCT OF MEETINGS All meetings of the Commission and its committees shall be held in accordance with The Ralph M Brown Act and the County’s Better Government Ordinance . 13. QUORUM A majority of the total number of authorized seats on the Commission or on a committee must be present to constitute a quorum for meetings. If all authorized seats are not filled, this does not change the quorum requirement. With nine authorized seats, a quorum of the Commission is five Commissioners. The alternate may sit for any absent member or vacant seat and count toward a quorum. No business shall be conducted without a quorum. 14. AMENDING THE BY-LAWS Any proposed changes to these bylaws will be referred to the Executive Committee for review and recommendation to the Commission. The proposed changes to these bylaws shall be presented in writing at the next regularly scheduled meeting of the Commission and may be recommended to the Board of Supervisors by a two-thirds vote of the Commission members present. The proposed changes to these bylaws shall be effecti ve upon approval by the Board of Supervisors. 5 | P a ge Adopted: 5/8/96 Amended: 8/14/96, 9/23/02, 10/09/02, 02/08/06, 10/02/07, 04/23/13, 02/03/15, 4/10/18, 9/8/20, 12/02/20