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HomeMy WebLinkAboutMINUTES - 10052021 - 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 October 5, 2021            9:00 A.M. Convene, call to order and opening ceremonies. Inspirational Thought- "The only limits you have are the limits you believe." ~Wayne Dyer, motivational speaker Present: John Gioia, District I Supervisor; Candace Andersen, District II Supervisor; Diane Burgis, District III Supervisor; Karen Mitchoff, District IV Supervisor; Federal D. Glover, District V Supervisor Staff Present:David Twa, County Administrator CONSIDER CONSENT ITEMS (Items listed as C.1 through C.75 on the following agenda) – Items are subject to removal from Consent Calendar by request of any Supervisor or on request for discussion by a member of the public. Items removed from the Consent Calendar will be considered with the Discussion Items.   PRESENTATIONS (5 Minutes Each)   PRESENTATION proclaiming the month of October 2021 as Head Start Awareness Month. (Aaron Alarcon-Bowen, Executive Director, Community Services Bureau)   DISCUSSION ITEMS   D.1 HEARING on the 2021 redistricting process; provide overview of the redistricting process; review communities of interest and supervisorial mapping proposals submitted by the public; provide over/under population data; review the criteria for adopting district maps; receive input from the public; and receive direction from the Board of Supervisors. (David Twa, County Administrator's Office)       Speakers: John, Danville; Michelle, Camino Tassajara; Jane, District I; Addie, Concord.  Speakers: John, Danville; Michelle, Camino Tassajara; Jane, District I; Addie, Concord. Supervisor Andersen expressed interest in keeping Lamorinda whole and in District II, bringing in Blackhawk and Diablo into the same district as Danville and San Ramon, to have the entire San Ramon Valley in one district. She also noted that some elected officials see a value in having two supervisors representing a city, and that it is useful to have unincorporated communities within a sphere of a city stay within the same district as that city. Supervisor Gioia believes that the foundation and base of the county districting map is generally a pretty good one. He does not forsee large changes as necessary. The major sub regional parts of Contra Costa make sense: a West County district, an industrial water front, East County, the Lamorinda valley and a core Central County. The boundaries will be impacted by trying to keep them within plus or minus 5% (census count) of each other and balancing communities of interest. He is in support of splitting a city if it is needed and is done logically. He supports Lamorinda as a community of interest that should stay together, and the feels Tassajara Valley should be with the San Ramon Valley if it is possible. He would like Pinole to be in one supervisorial district. He is also in favor of keeping school districts together where possible. Supervisor Glover is pleased to have today’s information available for the public to know what are the communities of interest and how they function together. He worked for District 5 in regard to the northern water front initiative because there were opportunities there for communities of interest to create significant job opportunities. District IV holds all the refineries, but one, within that area. He would like as much information that could be provided for not only policy makers but the public in general to be able to do their own analysis in terms of what really are the clear communities of interest. He has also heard from Pinole that they would like like to stay as one community and would be happy with representation from District V or District I. Supervisor Mitchoff assures that if a city ends up being split between districts, it is because of the balancing of the census numbers and no disrespect is intended. She supports it being wholly represented in one district if possible, but notes that as the Concord Naval Weapons Station is developed the sheer size of the city will eventually cause it to be divided. Supervisor Burgis noted that in conversations with residents of Antioch they were generally in favor of the benefit of having two representatives on the Board so she is not overly concerned of the division of cities. She does feel that Tassajara, Diablo, and Blackhawk should be in the same community, and that Morgan Territory should be part of Clayton. She is interested in having part of the water front in District III, to play a role in the important waterfront initiative, working together to bring more jobs to Contra Costa.    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D.2 CONSIDER adopting Resolution 2021/327 to authorize the Board, in all its capacities, its subcommittees, and its advisory bodies to continue teleconference meetings under Government Code section 54953 (e) and make related findings; DETERMINE that these bodies will hold virtual meetings for the next 30 days; CONSIDER directing the Planning Commission, Merit Board, and Assessment Appeals Board to consider implementing Government Code section 54953 (e) at their next meeting; and take related actions. (Mary Ann McNett Mason, County Counsel)       Speakers: Nicole; Cheryl Grover; Kristin Hendersen; Marilyn; Cora; Marianna Moore; David Rowgli.    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D.3 CONSIDER electing 2022 officers of the Board of Supervisors. (Supervisor Burgis)      Speakers: no name given; ELECTED Supervisor Karen Mitchoff to serve as Chair of the Board in 2022; and ELECTED Supervisor Federal Glover to serve as Vice Chair for 2022.   D.4 ACCEPT update on COVID-19; and PROVIDE direction to staff. (Dr. Ori Tzvieli and Erika Jenssen, Deputy Director)      The following spoke in opposition to mask and vaccine mandates: Gail, Walnut Creek; Jen, Danville. The following spoke in opposition to vaccine mandates: Kimberly Madison; Mindy; Linda; Nicole Fox; Nandine; Marilyn; Ian. Tony, Walnut Creek, had questions about County statistical reporting. Dr. Tvieli provided some clarifications: The United States has excellent vaccine safety system. Side effects from a vaccine are reported to the vaccine event safety system nationwide. The reports are investigated to find out if they happen to be coincidental or due to the vaccines. Based on those reports, the FDA and CDC will review the reports and determine if there is concern about a particular vaccine. There are reports filed for covid-19. They have been investigated. There is information on the CDC website. There are no links between covid vaccine and death. Ivermectin is not a proven treatment for Covid-19 That medication is not yet FDA approved or available to the public at this time. There are some treatments for Covid-19 infection, including monoclonal antibodies. People suffering or in the early days of covid-19 are advised to speak with their doctor or their healthcare provider and see what treatments are available to them. Frequently Asked Questions and vaccine and mask guidance are available at the cchealth.org website. The Center for Disease control website regarding Covid-19 is https://www.cdc.gov/coronavirus Update report 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.5 HEARING to consider adopting Traffic Resolution No. 2021/4506 approving and authorizing an 18-month temporary overnight road closure of Carquinez Scenic Drive (Road No. 2191B) between the city limits of Martinez and extending westerly to McEwen Road (Road No. 2784), daily from sunset to sunrise the following day, beginning October 5, 2021, and ending March 31, 2023, to prevent illegal and criminal activity, as recommended by the Public Works Director, Martinez area. (No fiscal impact) (Monish Sen, Public Works Department)       Speakers: no name given.   D.6 HEARING to consider the proposed formation of Zone 214 within County Service Area P-6 (Police Services) for Subdivision No. 9467 in the Bay Point area of the County for County File #SD17-9467. (100% Developer fees) (Jennifer Cruz, Department of Conservation and Development)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D.7 HEARING to consider adopting Resolution No. 2021/307 and Ordinance No. 2021-29, authorizing the levy of a special tax for police protection services in Zone 214 of County Service Area P-6 for Subdivision No. 9467 (County File #SD17-9467) in the Bay Point area of the County, and fixing an election on December 7, 2021, to obtain voter approval. (100% Developer fees) (Jennifer Cruz, Department of Conservation and Development)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D.8 HEARING to consider the proposed formation of Zone 1517 within County Service Area P-6 (Police Services) for Subdivision No. 9547 in the unincorporated Walnut Creek area of the County for County File #SD20-9547. (100% Developer fees) (Jennifer Cruz, Department of Conservation and Development)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D.9 HEARING to consider adopting Resolution No. 2021/310 and Ordinance No. 2021-30 authorizing the levy of a special tax for police protection services in Zone 1517 of County Service Area P-6 for Subdivision No. 9547 (County File #SD20-9547) in the unincorporated Walnut Creek area of the County, and fixing an election on December 7, 2021 to obtain voter approval. (100% Developer fees) (Jennifer Cruz, Department of Conservation and Development)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D. 10 CONSIDER Consent Items previously removed.    There were no consent items removed for discussion.   D. 11 PUBLIC COMMENT (2 Minutes/Speaker)    Jay urges the Board to the follow the science. He feels that both sides of the discussion on the efficacy and safety of the Covid-19 vaccine and the value of natural immunity is not being heard; Kristen Henderson, spoke on historic preservation. She said that historic preservation of the built environment allows the populace to experience the continuity of their society over time. It is not about our idiosyncratic personal histories. Historic buildings, particularly important architectural and historic examples, are important for the good of the public; Cheryl Grove, Architectural Preservation Foundation, noted that Martinez has been the county seat for 170 years. She said that one month ago they learned of the plan for the county to demolish the old jail and administration building without meaningful conversations about hazardous waste and granite dust and that the plan is to provide for a modern concrete plaza in the place of the old jails and on the closed section of Pine Street. She believes such a plaza for county employees and jury guests to have lunch prevents business from flowing downtown in the normal manner and there was no study on the economic impacts or impact to tourism. changing of historic main features of our town to modern. She no study on the economic impacts or impact to tourism. changing of historic main features of our town to modern. She asked that the county work with the association to preserve the jail site.   D. 12 CONSIDER reports of Board members.    There were no items reported today.   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)) Architectural Preservation Foundation of Contra Costa County, et al. v. Contra Costa County, et al., Contra Costa County Superior Court Case No. N17-0946 1. C. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov. Code, § 54956.9(d)(2): [Two potential cases.]    There were no Closed Session announcements.   ADJOURN in memory of John McTigue former Chief Deputy District Attorney     Adjourned today's meeting at 3:37 p.m.   CONSENT ITEMS   Road and Transportation   C. 1 ADOPT Resolution No. 2021/288 approving and authorizing the Public Works Director, or designee, to fully close the northbound lanes of Danville Boulevard between Orchard Lane and Jackson Way, Jackson Way at the intersection with Danville Boulevard, on Sunday, November 28, 2021, from 4:30 p.m. through 6:30 p.m., for the purpose of the Annual Alamo Tree Lighting Festival, Alamo area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 2 APPROVE the Franklin Canyon Road Safety Improvements Project and take related actions under the California Environmental Quality Act, and AUTHORIZE the Public Works Director, or designee, to advertise the Project, Martinez area. (92% Highway Safety Improvement Program Funds, 8% Local Road Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 3 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute an amendment with Dewberry Engineers Inc. (dba Dewberry | Drake Haglan), acknowledging the Assignment and Assumption Agreement between Drake, Haglan & Associates, Inc., and Dewberry Engineers Inc., effective September 28, 2019, with no change to the original payment limit of $250,000 or the term May 21, 2019 through May 7, 2022, for on-call civil engineering services, Countywide. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 4 ACCEPT the 2019–2021 Report of Real Estate Acquisition Acceptances dated July 1, 2019 through June 30, 2021, approved by the Public Works Director, as submitted, Alamo, Antioch, Brentwood, Byron, Clayton, Concord, Martinez, Pleasant Hill, Richmond and San Pablo 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 Engineering Services   C. 5 ADOPT Resolution No. 2021/294 accepting completion of improvements for subdivision SD15-09423 for a project developed by 2200 Central Street, LLC, as recommended by the Public Works Director, North Richmond area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Special Districts & County Airports   C. 6 APPROVE and AUTHORIZE the Chief Engineer, Contra Costa County Flood Control and Water Conservation District, or designee, to execute on behalf of the Contra Costa Clean Water Program, a contract amendment with Larry Walker Associates, Incorporated, to increase the payment limit by $615,000 to a new payment limit of $915,000 for Countywide stormwater quality services necessary to comply with federal and state stormwater permit requirements issued under the National Pollutant Discharge Elimination System Permit, with no change to the term of January 5, 2021 through December 31, 2023, Countywide. (100% Stormwater Utility Assessment Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 7 APPROVE and AUTHORIZE the Chief Engineer, Contra Costa County Flood Control and Water Conservation District, or designee, to execute on behalf of the Contra Costa Clean Water Program, a contract amendment with Geosyntec Consultants, Inc., to increase the payment limit by $480,000 to a new payment limit of $680,000 for Countywide stormwater quality services necessary to comply with federal and state stormwater permit requirements issued under the National Pollutant Discharge Elimination System Permit, with no change to the term of February 1, 2021 through January 31, 2024, Countywide. (100% Stormwater Utility Assessment Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 8 APPROVE and AUTHORIZE the Director of Airports, or designee, to execute an amendment to the May 12, 2021, contract with W.E. Lyons Construction Company for the construction of the new Aircraft Rescue and Firefighting facility, terminal, and administrative office at Buchanan Field Airport, to increase the payment limit by $263,335 to a new payment limit of $13,253,335. (66% Federal Aviation Administration, 34% 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. 9 APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with Robert (“Bob”) Hawkins and Richard Finkle for a modernized, medium south-facing hangar at Buchanan Field Airport effective October 1, 2021 in the monthly amount of $490.00, 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. 10 Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District, APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute the Local Project Sponsor Agreement with the Contra Costa Water District in an amount not to exceed $850,000 from a California Department of Water Resources Integrated Regional Water Management Plan Grant for the Three Creeks Parkway Restoration Project, Brentwood area. (35% Integrated Regional Water Management Plan Grant Funds, 38% Flood Control Drainage Area 130 Funds, and 27% other Local, State and Federal Grant 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. 11 ADOPT Resolution No. 2021/312 declaring October 2021 as Creek and Channel Safety Awareness Month, ACCEPT the status report from the Public Works Department and the Flood Control and Water Conservation District on the Creek and Channel Safety Awareness Program, and DIRECT the Public Works Department and the Flood Control and Water Conservation District to continue with implementation and the annual campaign of a Countywide sustainable Creek and Channel Safety Awareness Program, as recommended by the Chief Engineer, Flood Control and Water Conservation District, Countywide. (100% Flood Control Zone 3B Funds)         AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Claims, Collections & Litigation   C. 12 DENY claims filed by Farmers Insurance Exchange, Maguaya Flemings, Linda Mayfield, Gary and Gabrielle Schneider and State Farm, THC-Orange County, LLC (dba Kindred Hospital-San Francisco Bay Area), and Travelers Insurance.       AYE: District I 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. 13 ADOPT Resolution No. 2021/319 proclaiming the month of October 2021 as Head Start Awareness Month, as recommended by the Employment and Human Services Director.       Aaron Alarcon-Bowen, Executive Director, Head Start Program, Community Services Bureau    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Appointments & Resignations   C. 14 APPOINT Joaquin Lopez to the Alternate Seat of the Alamo Municipal Advisory Council for a term ending December 31, 2024, as recommended by Supervisor Andersen.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 15 APPROVE the medical staff appointments and reappointments, additional privileges, advancements, and voluntary resignations as recommend by the Medical Staff Executive Committee, and by the Health Services Director.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 16 APPOINT, in lieu of election, Emma Mendonsa and Katie Wadsworth to the Board of Trustees of Reclamation District 2122 (Winter Island) for terms of four years, as recommended by the County Administrator.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 17 ACCEPT resignation from Ben Miyaji from the Arts and Culture Commission; DECLARE the At Large Seat #2 vacant for a term ending June 30, 2023, and DIRECT the Clerk of the Board to post the vacancy, as recommended by the County Administrator's Office.       AYE: District I Supervisor 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 APPOINT Laura Rodriguez to the Discretionary Representative 4 West County seat, Hannah Michaelson to the Community Representative 3 Central/South County seat, and John Moon to the Public Agency Representative 3 Central/South County seat on the Local Child Care Planning Council for terms ending April 30, 2022, April 30, 2024, and April 30, 2022, respectively, 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. 19 APPOINT Audra Carrion to At-Large Seat 1 for a term ending September 30, 2022, and REAPPOINT Carol Carrillo to Sector Seat 4 - Child Abuse Prevention Council, REAPPOINT Dr. Allyson Mayo to Sector Seat 5 - Mental Health seat, and REAPPOINT Jenny Tsang to At-Large Seat 3 on the Family and Children's Trust Committee, for terms ending September 30, 2023 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. 20 APPOINT Victor Ortiz to Member-at-Large Seat 2 on the Alcohol and Other Drugs Advisory Board for a term ending June    C. 20 APPOINT Victor Ortiz to Member-at-Large Seat 2 on the Alcohol and Other Drugs Advisory Board for a term ending June 30, 2024, 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. 21 REAPPOINT Rhonda Butler to At-Large Seat #3, Gerald Richards to At-Large Seat #9, Jagit Bhambra to At-Large Seat #11, Dennis Yee to At-Large Seat #14, Brian O'Toole to At-Large Seat #16 and Jill Kleiner to At-Large Seat #19 on the Contra Costa Advisory Council on Aging for terms ending on September 30, 2023, 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 Personnel Actions   C. 22 ADOPT Position Adjustment Resolution No. 25811 to add two Mental Health Specialist II (represented) positions in the Health Services Department. (20% Federal SAMHSA, 80% MHSA)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 23 ADOPT Position Adjustment Resolution No. 25809 to cancel two Clinical Psychologist (represented) positions and add two permanent full-time Mental Health Clinical Specialist (represented) positions in the Health Services Department. (Hospital Enterprise Fund I, 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. 24 ADOPT Position Adjustment Resolution No. 25810 to cancel two Community Health Worker I (represented) positions and add two permanent full-time Substance Abuse Counselor (represented) positions in the Health Services Department. (100% Residential Substance Abuse Treatment grant)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Grants & Contracts   APPROVE and AUTHORIZE execution of agreements between the County and the following agencies for receipt of fund and/or services:   C. 25 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Public Health Foundation Enterprises, Inc. (DBA Heluna Health), to pay the County up to $23,639 for the County’s participation in the FoodNet Expanded Case Exposure Ascertainment Project to study foodborne bacteria for the period August 1, 2021 through July 31, 2022. (No County match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 26 APPROVE and AUTHORIZE the Health Services Director, or designee, to accept a grant award with the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration, to pay the County up to $499,896 for the Contra Costa Health Service’s Opioid Multiagency Response Initiative for the period September 30, 2021 through September 29, 2022. (No County match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 27 ADOPT Resolution No. 2100/474 to approve and authorize the Employment and Human Services Director, or designee, to execute a revenue contract amendment with the California Department of Community Services and Development to change the term end date to December 31, 2021 with no change to the payment limit of $1,115,537. (100% Federal)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 28 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to accept funding in the amount    C. 28 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to accept funding in the amount of $102,400 and execute an agreement with Contra Costa County Office of Education for the Quality Matters programs for the period October 1, 2021 through June 30, 2022. (100% funded by Contra Costa County Office of Education)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 29 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Antioch Unified School District, to pay the County up to $330,000 to provide mental health services to students referred to the District’s HOPE program for the period July 1, 2021 through June 30, 2022. (No County match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 30 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with the Bay Area Air Quality Management District, to extend the termination date from December 31, 2021 to June 30, 2022 with no change in the amount of up to $100,000 payable to the County for the Green and Healthy Homes Program for monitoring of retrofit improvements in the homes of high-risk Contra Costa Health Plan members with asthma. (No County match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 31 ADOPT Resolution No. 2021/303 to approve and authorize the Employment and Human Services Director, or designee, to accept funding in an amount not to exceed $6,500 from the California Health Advocates to provide the Senior Medicare Patrol program for the period June 1, 2021 through May 31, 2022. (100% Federal)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 32 ADOPT Resolution No. 2021/305 approving and authorizing the Sheriff-Coroner or designee, to apply for and accept the California Department of Parks and Recreation, Division of Boating and Waterways Financial Aid Program Agreement in the amount of $738,249 for marine patrol and boating regulation enforcement for the period July 1, 2022 through the end of available funding. (100% State)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 33 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a grant agreement with Public Health Foundation Enterprises, Inc. (dba Heluna Health), to pay the County up to $250,000 for the provision of COVID-19 and respiratory viral panel testing for the Community Sentinel Surveillance Project for the period August 1, 2021 through July 31, 2022. (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. 34 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Suresh K. Sachdeva, M.D., Professional Corporation, in an amount not to exceed $360,000 to provide pediatric primary care services to Contra Costa Health Plan members and County recipients for the period October 1, 2021 through September 30, 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. 35 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Public Health Foundation Enterprises, Inc., to increase the payment limit by $272,502 to a new payment limit of $1,146,242 and extend the termination date from October 31, 2021 to January 31, 2022 for the COVID-19 Adult Ambassador Program to continue promoting testing in underserved areas of the County. (100% American Rescue Plan Act)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 36 APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute an agreement with the California Department of Food and Agriculture to reimburse the County in an amount not to exceed $67,223 for regulatory compliance and enforcement activities related to the Sudden Oak Death Program for the period July 1, 2021 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. 37 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Credentals Services, Inc. (dba VerifPoint), in an amount not to exceed $120,000 to provide credentialing services for healthcare providers at Contra Costa Health Plan for the period October 1, 2021 through September 30, 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. 38 APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a purchase order with Kovarus, Inc., in an amount not to exceed $373,313 to renew Citrix licenses and support and maintenance services for the period October 31, 2021 through October 30, 2022. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 39 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Aspen Surgery Services, LLC, in an amount not to exceed $1,600,000 to provide ambulatory surgery services to Contra Costa Health Plan members for the period October 1, 2021 through September 30, 2022. (100% Contra Costa Health Plan Enterprise Fund II)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 40 APPROVE and AUTHORIZE the County Counsel, or designee, to execute, on behalf of Contra Costa County, a contract for specialized legal services with Wendel Rosen, LLP, effective September 21, 2021, as recommended by the County Counsel. (100% Various Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 41 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment agreement with Contra Costa Eye Medical Center, Inc., to modify the rates for Contra Costa Health Plan Commercial members from Medi-Cal rates to Medicare rates, to continue providing ophthalmology services for all Contra Costa Health Plan recipients with no change to the payment limit of $300,000 and no change to the original term of April 1, 2021 through March 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. 42 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a purchase order with Clear Labs, Inc., in an amount not to exceed $2,000,000 for the purchase of testing reagents and kits for SARS-CoV-2 and other pandemic virus whole genome sequencing at the Contra Costa County Public Health Laboratory for the period September 1, 2021 through August 30, 2022. (100% Federal Center for Disease Control Epidemiology and Laboratory Capacity Grant)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 43 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Planned Parenthood Shasta-Diablo, Inc. (dba Planned Parenthood Northern California), in an amount not to exceed $4,000,000 to provide obstetrics, gynecology, family planning and mental health services for Contra Costa Health Plan members for the period October 1, 2021 through September 30, 2022. (100% Contra Costa Health Plan Enterprise Fund II)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 44 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Selena Ellis, M.D., in an amount not to exceed $240,000 to provide neurology electromyography services for Contra Costa Health Plan members for the period October 1, 2021 through September 30, 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. 45 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Siri Sunderi Cheng, M.D., in an amount not to exceed $500,000 to provide otolaryngology services for Contra Costa Regional Medical Center and Health Center patients for the period October 1, 2021 through September 30, 2022. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 46 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Addiction Research and Treatment, Inc., to increase the payment limit by $186,441 to a new payment limit of $6,106,269, to provide additional methadone treatment services to County residents with no change in the term July 1, 2021 through June 30, 2022. (50% Federal Drug Medi-Cal; 50% Mental Health Realignment)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 47 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Harmonic Solutions, Inc., to increase the payment limit by $27,148 to a new payment limit of $1,217,291 to provide additional methadone maintenance treatment services to County residents with no change in the term of July 1, 2021 through June 30, 2022. (50% Federal Drug Medi-Cal; 50% Drug Medi-Cal Realignment)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 48 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Aaron K. Hayashi, M.D., Inc., in an amount not to exceed $2,115,000 for the provision of radiology service at Contra Costa Regional Medical Center and Health Centers for the period October 1, 2021 through September 30, 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. 49 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Contra Costa Interfaith Transitional Housing Inc. (dba Hope Solutions), in an amount not to exceed $218,000 to provide housing advocacy services for people with HIV for the period July 1, 2021 through June 30, 2022. (100% Housing Opportunities for Persons With AIDS)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 50 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Behavior Treatment & Analysis, Inc., to increase the payment limit by $1,000,000 to a new payment limit of $3,000,000 to provide additional applied behavioral analysis services to Contra Costa Health Plan members for the period July 1, 2021 through June 30, 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. 51 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with Gigi Walker (dba Walker’s Auto Body & Fleet Repair), effective October 5, 2021, to increase the payment limit by $200,000 to a new payment limit of $600,000 to provide on-call collision and auto body repair services to County vehicles, with no change to the term of June 1, 2018 through May 31, 2022, Countywide. (100% Fleet Internal Service Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 52 APPROVE and AUTHORIZE the County Clerk-Recorder, or designee, to execute a contract with Admiral Security Services, Inc., in an amount not to exceed $25,000 to provide election-related security services. (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 with the County of San Mateo, in an amount not to exceed $293,585 to provide after-hours call coverage for the Behavioral Health Access Line for the period July 1, 2021 through June 30, 2022. (100% 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. 54 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with James Pak, M.D., Incorporated, to increase the payment limit by $90,000 to a new payment limit of $240,000 with no change in the term March 1, 2021 to February 28, 2022 for additional anesthesiology services at Contra Costa Regional Medical and Health Centers. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 55 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Kaiser    C. 55 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Kaiser Foundation Health Plan, Inc., to add data exchange requirements for the provision of additional Medi-Cal services for Contra Costa Health Plan members enrolled in the Kaiser Health Plan with no change to the contract payment limit of $600,000,000 or the term. (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 Etwaru Eye Center, in an amount not to exceed $750,000 to provide ophthalmology services to Contra Costa Health Plan members and County recipients for the period October 1, 2021 through September 30, 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 County Probation Officer, or designee, to execute an Interagency Agreement with the Contra Costa County Office of Education, in an amount not to exceed $456,377 to provide student educational programs for youth enrolled in the Briones Youth Academy that graduated from Mt. McKinley High School for the period July 1, 2021 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. 58 APPROVE and AUTHORIZE the County Probation Officer, or designee, to execute a contract with the County of Sonoma for the placement of wards in their facility at the rate of $300 per ward per day for the period October 1, 2021 through September 30, 2023. (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. 59 APPROVE and AUTHORIZE the County Probation Officer, or designee, to execute a contract with the Construction Trades Workforce Initiative in an amount not to exceed $230,000 to provide pathways to career success of the Briones Youth Academy students in the union construction trades and to establish a comprehensive Multi-Craft Core Curriculum Pre-Apprenticeship Program for the period of November 15, 2021 through November 14, 2024. (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. 60 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with John Muir Magnetic Imaging Center, in an amount not to exceed $1,121,000 to provide diagnostic imaging services for Contra Costa Health Plan members for the period September 1, 2021 through August 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. 61 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Genomic Health, Inc., in an amount not to exceed $400,000 to provide outside laboratory testing services to Contra Costa Health Plan members for the period September 1, 2021 through August 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 Agfa Healthcare Corporation, in an amount not to exceed $4,282,363 to provide a Radiology Picture Archiving and Communications System to the Health Services Department for the period October 5, 2021 through October 4, 2026. (100% Hospital Enterprise Fund I)       RELISTED to October 12, 2021.   C. 63 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with 3M Health Information Systems, Inc, in an amount not to exceed $296,277 to provide software license and support services to the Health Services Department for the period October 5, 2021 through October 4, 2024. (100% Hospital Enterprise Fund I)       RELISTED to October 12, 2021.   C. 64 APPROVE AND AUTHORIZE the Director of Risk Management to execute a contract with Mobile-Med Health Solutions, Inc., "Mobile-Med" for COVID-19 testing and related services for the period August 27, 2021 to August 27, 2022 in an amount not to exceed $2,000,000. (100% General Fund)         Gail, Walnut Creek; Nicole Fox; Anaya; N. Monica Nino, County Administrator clarified that this service is to assist employees in meeting the various local, state, or federal testing requirements. There is no component for the testing of any children.    AYE: District I 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. 65 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to renew Cardroom License Number 6, known as "California Grand Casino", currently located at 5988 Pacheco Blvd., Pacheco area, for the period November 26, 2021 through November 25, 2022. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 66 ADOPT Resolution No. 2021/290 extending the Contra Costa County Abandoned Vehicle Abatement Program and Fee for 10 years to April 30, 2032 and authorizing the Contra Costa County Abandoned Vehicle Abatement Service Authority to take all actions necessary to place a tax measure on the June 7, 2022 election ballot to extend the fee, as recommended by the Contra Costa County Abandoned Vehicle Abatement Service Authority. (100% Abandoned Vehicle Abatement Service 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. 67 ADOPT Resolution No. 2021/292 consenting to including certain unincorporated territory of Contra Costa County in the Livermore Valley Wine Heritage District formed by the City of Livermore, as recommended by Supervisor Burgis.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 68 APPROVE AND AUTHORIZE the County Auditor-Controller to transfer cash balances of approximately $600 in fund 831200 Office of Revenue Collection Trust and approximately $77,100 in fund 832700 Office of Revenue Parking Collection to fund 100300/0005, County General Fund-General Purpose Revenue, and to inactivate both funds. (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. 69 ACCEPT the Annual Report on Revolving and Cash Difference Funds, Overage Fund, and Shortages for fiscal year 2020-2021, as recommended by the County Auditor-Controller.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 70 APPROVE amended Conflict of Interest Code for the Learner-Centered School, Inc., as recommended by County Counsel.      AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 71 APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay an amount not to exceed $8,914 to Steris Corporation, for repair and maintenance services on infection prevention equipment at Contra Costa Regional Medical Center and Health Centers for the period March 1, 2021 through May 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. 72 APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay an amount not to exceed $31,683 to Amador Institute, Inc., for mental health services rendered to recipients of the CalWORK’s Program for the period January 1, 2021 through March 31, 2021. (100% CalWORKs)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 73 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Contra Costa Medical Career College, Inc., to provide supervised field instruction at Contra Costa Behavioral Health program sites for clerical/administrative externship students for the period October 1, 2021 through September 30, 2025. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District  AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 74 APPROVE amendments to the Conflict of Interest Code for the Acalanes Union High School District, including the list of designated positions, as recommended by County Counsel.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 75 APPROVE and AUTHORIZE the Health Service Director, or designee to execute contract amendment with City of San Pablo, to modify the hours of operations and extend the term from September 30, 2021 to December 31, 2021 for the County's use of the City’s Davis Park Multi-Purpose Room for COVID-19 vaccination and testing services. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover   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 or to clerkoftheboard@cob.cccounty.us. 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.contracosta.ca.gov 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 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 December 8, 2021 11:00 a.m.See above Family & Human Services Committee October 25, 2021 9:00 a.m.See above Finance Committee November 1, 2021 9:00 a.m.See above Hiring Outreach Oversight Committee December 6, 2021 10:30 a.m.See above Internal Operations Committee November 8, 2021 10:30 a.m.See above Legislation Committee November 8, 2021 1:00 p.m.See above Public Protection Committee October 25, 2021 10:30 a.m.See above Sustainability Committee November 22, 2021 1:00 p.m.See above Transportation, Water & Infrastructure Committee November 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 EBMUD East Bay Municipal Utility District ECCFPD East Contra Costa Fire Protection District EIR Environmental Impact Report EIS Environmental Impact Statement EMCC Emergency Medical Care Committee EMS Emergency Medical Services EPSDT Early State Periodic Screening, Diagnosis and Treatment Program (Mental Health) et al. et alii (and others) FAA Federal Aviation Administration FEMA Federal Emergency Management Agency F&HS Family and Human Services Committee First 5 First Five Children and Families Commission (Proposition 10) FTE Full Time Equivalent FY Fiscal Year GHAD Geologic Hazard Abatement District GIS Geographic Information System HCD (State Dept of) Housing & Community Development HHS (State Dept of ) Health and Human Services HIPAA Health Insurance Portability and Accountability Act HIV Human Immunodeficiency Syndrome HOV High Occupancy Vehicle HR Human Resources HUD United States Department of Housing and Urban Development IHSS In-Home Supportive Services Inc. Incorporated IOC Internal Operations Committee ISO Industrial Safety Ordinance JPA Joint (exercise of) Powers Authority or Agreement Lamorinda Lafayette-Moraga-Orinda Area LAFCo Local Agency Formation Commission LLC Limited Liability Company LLP Limited Liability Partnership Local 1 Public Employees Union Local 1 LVN Licensed Vocational Nurse MAC Municipal Advisory Council MBE Minority Business Enterprise M.D. Medical Doctor M.F.T. Marriage and Family Therapist MIS Management Information System MOE Maintenance of Effort MOU Memorandum of Understanding MTC Metropolitan Transportation Commission NACo National Association of Counties NEPA National Environmental Policy Act OB-GYN Obstetrics and Gynecology O.D. Doctor of Optometry OES-EOC Office of Emergency Services-Emergency Operations Center OPEB Other Post Employment Benefits OSHA Occupational Safety and Health Administration PARS Public Agencies Retirement Services PEPRA Public Employees Pension Reform Act Psy.D. Doctor of Psychology RDA Redevelopment Agency RFI Request For Information RFP Request For Proposal RFQ Request For Qualifications RN Registered Nurse SB Senate Bill SBE Small Business Enterprise SEIU Service Employees International Union SUASI Super Urban Area Security Initiative SWAT Southwest Area Transportation Committee TRANSPAC Transportation Partnership & Cooperation (Central) TRANSPLAN Transportation Planning Committee (East County) TRE or TTE Trustee TWIC Transportation, Water and Infrastructure Committee UASI Urban Area Security Initiative VA Department of Veterans Affairs vs. versus (against) WAN Wide Area Network WBE Women Business Enterprise WCCTAC West Contra Costa Transportation Advisory Committee RECOMMENDATION(S): See attached PDF Board Order. FISCAL IMPACT: . BACKGROUND: . CONSEQUENCE OF NEGATIVE ACTION: APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: David Twa, 925-383-7493 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.1 To:Board of Supervisors From:Monica Nino, County Administrator Date:October 5, 2021 Contra Costa County Subject:PUBLIC HEARING on the required supervisorial Redistricting to provide an overview of the Redistricting process CLERK'S ADDENDUM Speakers: John, Danville; Michelle, Camino Tassajara; Jane, District I; Addie, Concord. Supervisor Andersen expressed interest in keeping Lamorinda whole and in District II, bringing in Blackhawk and Diablo into the same district as Danville and San Ramon, to have the entire San Ramon Valley in one district. She also noted that some elected officials see a value in having two supervisors representing a city, and that it is useful to have unincorporated communities within a sphere of a city stay within the same district as that city. Supervisor Gioia believes that the foundation and base of the county districting map is generally a pretty good one. He does not forsee large changes as necessary. The major sub regional parts of Contra Costa make sense: a West County district, an industrial water front, East County, the Lamorinda valley and a core Central County. The boundaries will be impacted by trying to keep them within plus or minus 5% (census count) of each other and balancing communities of interest. He is in support of splitting a city if it is needed and is done logically. He supports Lamorinda as a community of interest that should stay together, and the feels Tassajara Valley should be with the San Ramon Valley if it is possible. He would like Pinole to be in one supervisorial district. He is also in favor of keeping school districts together where possible. Supervisor Glover is pleased to have today’s information available for the public to know what are the communities of interest and how they function together. He worked for District 5 in regard to the northern water front initiative because there were opportunities there for communities of interest to create significant job opportunities. District IV holds all the refineries, but one, within that area. He would like as much information that could be provided for not only policy makers but the public in general to be able to do their own analysis in terms of what really are the clear communities of interest. He has also heard from Pinole that they would like like to stay as one community and would be happy with representation from District V or District I. Supervisor Mitchoff assures that if a city ends up being split between districts, it is because of the balancing of the census numbers and no disrespect is intended. She supports it being wholly represented in one district if possible, but notes that as the Concord Naval Weapons Station is developed the sheer size of the city will eventually cause it to be divided. Supervisor Burgis noted that in conversations with residents of Antioch they were generally in favor of the benefit of having two representatives on the Board so she is not overly concerned of the division of cities. She does feel that Tassajara, Diablo, and Blackhawk should be in the same community, and that Morgan Territory should be part of Clayton. She is interested in having part of the water front in District III, to play a role in the important waterfront initiative, working together to bring more jobs to Contra Costa. ATTACHMENTS Board Order Attachment A Attachment B Attachment C 1 D.1 To: Board of Supervisors From: Monica Nino, County Administrator Date: October 5, 2021 Subject: PUBLIC HEARING on the required supervisorial Redistricting to provide an overview of the Redistricting process _________________________________________________________________________________________ Recommendations: 1. OPEN Public Hearing on the Contra Costa County Board of Supervisors 2021 redistricting process; RECEIVE report on the 2021 redistricting process; RECEIVE testimony; and CLOSE the Public Hearing; and 2. ACCEPT the report from David Twa, representing the County Administrator’s Office and from staff of the Department of Conservation and Development (DCD) GIS division, on redistricting efforts to date; receive a report on the analysis of the 2020 Official Census Data as modified by the California State Adjusted Redistricting data; review over/under population numbers for existing supervisorial districts; provide summary of Community of Interests proposals submitted to date by the public; review supervisorial district map proposals submitted to date by the public; review the criteria for adopting redistricting maps; obtain public input on Community of Interest suggestions and on suggested supervisorial district maps; and 3. DIRECT David Twa, representing the County Administrators Office and the DCD GIS Mapping staff to continue to provide training to staff and the public on the District modules and the public submission portal that allows members of the public to submit their Community of Interest suggestions and to submit their proposed supervisorial redistricting maps; to publish notices and prepare for public workshops hosted by the individual supervisors, to provide background on the r edistricting process, present potential boundary changes (map alternatives), answer questions and receive input from the public; to continue outreach to the public on the redistricting process; and 4. DIRECT David Twa, representing the County Administrator’s Office and the DCD GIS Mapping staff to return to the Board on October 19, 2021 at 6:15 PM for the next Redistricting Public Hearing to update the Board on public input received to date on Community of interest suggestions and on suggested supervisorial district maps; review over/under population numbers; present publicly drawn maps received to date; review the criteria for adopting redistricting maps; present three to six conceptual drafts of possible supervisorial maps; update the Board and the public on Supervisorial District Workshops planned for October 23, 2021 through October 28, 2021; and receive direction from the Board of Supervisors on next steps. 2 Fiscal Impact: The County Administrator's Office, Department of Conservation and Development (DCD), County Counsel and Clerk Recorder’s offices will incur staff and other costs in order to facilitate the 2021 Board redistricting process, including preparing map alternatives, arranging, and conducting Public Hearings/Workshops/training sessions, preparing public notices and other public outreach materials, and to maintain a webpage dedicated to the 2021 redistricting process. Total costs are estimated to be $300,000. Background: On August 10, 2021, the Board of Supervisors conducted the first Public Hearing on adjustment of Supervisorial district boundaries for 2021. The Board accepted reports from David Twa, representing the County Administrator's Office, Kristine Solseng from DCD GIS Mapping staff, and Debi Cooper from County Clerk Recorder, on the 2021 Board of Supervisors redistricting efforts to date, including development of the www.CoCoRedistricting.org website; District R Mapping program; Community of Interests forms; and public outreach. California law (Elections Code section 21500 et. seq.) requires the Board of Supervisors to approve Supervisorial district boundaries following each federal decennial census so that district boundaries are “substantially equal in population.” (Elec. Code, § 21500(a).) The state block-level redistricting database, which is based on official 2020 U.S. Census data, must be used to determine Supervisorial district boundaries. The boundaries will remain in effect until redistricting following the next decennial census. The Board must adopt the new district boundaries no later than December 15, 2021. The U.S. Census Bureau normally would have released the official data necessary for the County to begin the redistricting process by April 1, 2021, the year following completion of the census. However, the official data was not released until August 12, 2021, in ‘Legacy’ data format. Legacy data provides a breakdown of population changes in a summary format that often requires either a third party o r a data expert to download and analyze the data sets. Legacy data may provide an approximate breakdown of population changes for the County and the Supervisorial districts. However, it is the California State Adjusted Redistricting data that is required to be used for redistricting. That data was released on September 20, 2021 and showed Contra Costa County population increased from 1,049,025 in 2010 to 1,168,064 in 2020. This increase in population of 11 9,039 represented a 11.35% increase in population, but the increase was not evenly distributed across the County, or the Supervisorial Districts as shown below: 3 Contra Costa County Population and Deviation from the Mean 2010 2020 Population Growth Population Deviation Supervisor District 1 John Gioia 203,437 21,861 225,298 (3.56%) Supervisor District 2 Candace Andersen 218,917 24,862 243,779 4.35% Supervisor District 3 Diane Burgis 203,711 36,560 240,271 2.85% Supervisor District 4 Karen Mitchoff 219,216 10,442 229,658 (1.69%) Supervisor District 5 Federal Glover 203,744 25,314 229,058 (1.95%) Total 1,049,025 119,039 1,168,064 7.91% Equal Population 209,805 233,613 While the goal is to create districts that are substantially equal in population, the law recognizes that there are many reasons why some deviation in population between districts will occur in order to meet all Federal and State legal requirements, including the California Fair Maps Act requirements, such as respecting the geographic integrity of a city, or of a census designated place, or of a local Community of Interest. Because of this a deviation of plus or minus 5% is generally acceptable as long as other legal requirements are met. The current deviation range in Contra Costa County between the greatest plus District deviation (+4.35%) to the greatest minus District deviation (-3.56%) as shown on the Table below (7.91%) and is within the legal requirements. 2020 Over/Under P opulation 2020 Over/Under Population Deviation Supervisor District 1 John Gioia -8,315 225,298 -3.56% 3.56% Supervisor District 2 Candace Andersen 10,166 243,779 4.35% 4.35% Supervisor District 3 Diane Burgis 6,658 240,271 2.85% Supervisor District 4 Karen Mitchoff -3,955 229,658 -1.69% Supervisor District 5 Federal Glover -4,555 229,058 -1.95% Equal Population -0- -1 1,168,064 7.91% 7.91% 233,613 Population Breakdown by Race and Ethnicity Contra Costa County’s racial and ethnic composition has continued to be come more diverse since the 2010 census, with the most increase in the Asian population, an increase of 65,639 people, or 44.1%. The following chart outlines Countywide demographic changes over the past decade based on the 2020 Census data. 4 County Population by Race/Ethnicity 2010 2020 Population Change Percent Change Latino 255,560 314,900 59,340 23.2% White 500,923 455,421 (45,502) -9.1% Black 93,604 97,994 4,390 4.7% Asian 148,881 214,520 65,639 44.1% Other 50,057 83,092 33,035 66.0% Total 1,049,025 1,165,927 116,902 11.1% All five Supervisorial districts have become more diverse over the past decade. The following chart shows the race and ethnicity of each Supervisorial district based on the 2020 census data. 5 The Fair Maps Act requires counties to provide the Citizen Voting Age Population (CVAP) and racial and ethnic breakdown by district on any proposed draft map. Given that citizenship status was not asked during the 2020 census, the Statewide Database publishes a census block level allocation of the CVAP population based on the American Community Survey 2015 -2019 five-year block groups. The following chart outlines the race and ethnicity as a percentage of the Citizen Voting Age Population by district. CITIZEN VOTING AGE POPULATION BY SUPERVISORIAL DISTRICT Community Online Workshops At the August 10, 2021, Board of Supervisors first public hearing on Redistricting, the Board directed staff to provide training to members of the public on the Dedicated Redistricting Website and how they could use the District R modules to submit Community of Interest suggestions and draw potential Supervisorial district maps for consideration by the Board of Supervisors. On September 15, 2021 at 2:00 PM the County hosted Community Online Technical Workshop # 1. The County hosted the online technical workshop for the public to learn how the online mapping application works. This Community Workshop was conducted online and attended by eight members of the public. After a welcoming introduction by Chair Diane Burgis, District R trainers Luis Pablo Delgadillo and Maggie Basinger explained how the District R Mapping system worked and gave examples of how to draft suggested Community of Interests and Supervisorial District Maps. The complete video will be available on our dedicated redistricting Website, www.CoCoRedistricting.org. As of September 27, 2021, members of the public have used the District R Mapping program to create two Community of Interest Maps and four Drafts of proposed Supervisorial Maps, along with public comment on 6 the Community of Interests or District Maps. All submissions as of September 27, 2021 are included as Attachment A. Two additional Community Online Mapping Workshops are scheduled: one is scheduled for October 13, 2021, at 4:00 PM , to be conducted in Spanish, presented by District R, online; and one is scheduled for October 14, 2021, at 2:00 PM , to be conducted in English, presented by DistrictR, online. Staff was also directed to establish locations for public Supervisorial workshops, and the following dates and locations have been scheduled: Saturday, October 23, 2021 , at 9:00 AM, at the San Ramon City Hall, 7000 Bollinger Canyon Road, San Ramon 94583. Supervisor Candace Andersen will host a redistricting workshop to provide background on the redistricting process, present potential boundary changes (map alternatives), answer quest ions and receive input. Depending on COVID-19 restrictions, this workshop may be in -person, or by Zoom, call-in, or some combination of those alternatives. Sunday, October 24, 2021, at 12:00 noon, County Board Chambers, 1025 Escobar Street, Martinez 94553, by Zoom only. Supervisor Diane Burgis will host a redistricting workshop to provide background on the redistricting process, present potential boundary changes (map alternatives), answer questions and receive input. Depending on COVID-19 restrictions, this workshop will be by Zoom only. Monday, October 25, 2021, at 7:00 PM, at the Pleasant Hill Community Center – Perera Pavilion, 320 Civic Drive, Pleasant Hill 94523 . Supervisor Karen Mitchoff will host a redistricting workshop to provid e background on the redistricting process, present potential boundary changes (map alternatives), answer questions and receive input. Depending on COVID-19 restrictions, this workshop may be in-person, or by Zoom, call-in, or some combination of those alternatives. Tuesday, October 26, 2021 , at 7:00 PM County Board Chambers, 1025 Escobar Street, Martinez 94553 , by Zo om only. Supervisors Diane Burgis and Federal Glover will jointly host a redistricting workshop to provide background on the redistricting process, present potential boundary changes (map alternatives), answer questions and receive input. Depending on COVID-19 restrictions, this workshop will be by Zoom only. Wednesday, October 27, 2021, at 6:30 PM , at the San Pablo City Hall, 1000 Gateway Avenue, San Pablo 94806. Supervisor John Gioia will host a redistricting workshop to provide background on the redistricting process, present potential boundary changes (map alternatives), answer questions and receive input. Depending on COVID-19 restrictions, this workshop may be in -person, or by Zoom, call-in, or some combination of those alternatives. Thursday, October 28, 2021, at 7:00 PM, County Board Chambers , 1025 Escobar Street, Martinez 94553, by Zoom only. Supervisor Federal Glover will host a redistricting workshop to provide background on the redistricting process, present potential boundary changes (map alternatives), answer questions and receive input. Depending on COVID-19 restrictions, this workshop will be by Zoom only. 7 Interdepartmental Leadership Group The County Administrator’s office has established an interdepartmental leadership group to provide oversight/management of the redistricting process. The leadership group is comprised of the County Administrator, or designee, Department of Conservation & Development (DCD), County Counsel, Department of Information and Technology, and the Clerk-Recorder. Public Outreach A Redistricting webpage on the County’s website, in multiple languages, was established as of August 04, 2021, and is the primary portal for public information and access. The public may use the website to provide feedback and comments. The Website will remain on the County’s homepage for ten years and can be accessed at www.CoCoRedistricting.org. The interactive features accessible on the Website will enable the public and all interested parties to draw and submit their own Supervisorial district map proposals and Community of Interest suggestions. Our public outreach will use electronic or web -based communication to the greatest extent possible, including the new dedicated website with areas for comments, public access to maps, census data tabulation, record of comments, and regular bi-weekly updates. The current public outreach includes press releases to local newspapers, public notices on the County website, CCTV, contact with City Managers, the Mayor’s Conference, and community groups. These outreach efforts provide multiple avenues for the public to provide comments, including, but not limited to, letters, email, and website comments. This direct outreach to targeted groups/communities is designed to ensure their awareness and participation in the process. Susan Shiu, Director of the Office of Communications and Media, and her staff have been very active as part of the redistricting public outreach, including Media coverage and news releases to the major news outlets and numerous email messaging to our redistricting Subscribers list. Currently, we have 254 subscribers, including online signups, Census grantees, City managers and others. Our dedicated redistricting Website , www.CoCoRedistricting.org, has received 3,327 views to date, while Social Media Outreach has included 69,942 overall views on Twitter and Nextdoor. The complete redistricting Communications Report is included as Attachment B. Public Hearings and Ordinance or Resolution Adoption Redistricting is currently adopted by an ordinance. However, SB 594 was signed by the Governor on September 27, 2021, and allows Counties to adopt Supervisorial districts by resolution and further provides that adoption occurs on the date the resolution is passed. State law requires at least four (4) public hearings, and at least one public hearing or public workshop must be held on a Saturday, on a Sunday, or after 6 :00 PM on a weekday (Monday through Friday). The late release of the Official California State Adjusted Redistricting Data has required the County to establish a condensed timeline and expedited, outreach strategy to meet the December 15, 2021, Deadline for adoption of the Supervisorial districts. 8 Current Schedule: On August 10, 2021, at 9:00 AM , the County Board conducted the First Public Hearing. At that time, the Board provided an overview of the redistricting process; reviewed the new dedicated redistricting website; received information about communities of interest and explanation on how to submit draft maps once Census Data was available; described planned public outreach and availability of mapping software training; receive d input from the public; and provided direction to staff. On September 15, 2021, the County hosted an online technical workshop for the public to learn how to use the online mapping applications. (See discussion above). On October 5, 2021, at 9:00 AM, the Board will conduct the Second Public Hearing on the process for revising Supervisorial district boundaries. The purpose of the Public Hearing will be to provide an overview of the redistricting process; review community of interest and district map proposals submitted by the public to date; obtain further input on proposals submitted by the public; receive County staff’s presentation of over/under population percentages for each district; review the criteria for adopting new district boundaries/maps; receive input from the public; and receive direction from the Board of Supervisors. On October 13, 2021, at 4:00 PM , the County will host the second Technical Workshop for the public to learn how the online mapping application works. This workshop will be in Spanish and presented online by District Staff. On October 14, 2021, at 2:00 PM , the County will host the third Technical Workshop for the public to learn how the online mapping application works. This workshop will be presented online by District Staff. On October 19, 2021, at 6:15 PM, the Board will conduct the Third Public Hearing to receive an update on public input received to date and provide opportunity for the public to provide additional suggestions on Community of Interest and Supervisorial Districts; staff will present publicly drawn maps received to date; review the criteria for adopting redistricting maps; present several conceptual drafts of Supervisorial maps and receive direction from the Board of Supervisors. Between October 23 – 28, 2021 there will be six individual Supervisor’s Workshops hosted by the individual District Supervisor(s), to provide background on the redistricting process, present potential boundary changes (map alternatives), answer questions and receive input from the public; Depending on COVID-19 restrictions, these workshops may be in-person, by Zoom, by call-in, or some combination of those alternatives. (See Schedule above). On November 9, 2021, the Board will conduct the Fourth Public Hearing at 9:00 AM to receive a report on Workshops held in Supervisorial districts; provide update on additional public input received on Community of Interest suggestions; staff will present publicly drawn maps received to date; review the criteria for adopting redistricting maps; review conceptual drafts of supervisorial maps; introduce ordinance to repeal ordinance setting existing Supervisorial district boundaries and waive first reading; and receive direction from the Board of Supervisors. November 23, 2021, the Board will conduct the Fifth Public Hearing at 9:00 AM to receive an update on additional public input received on Community of Interest suggestions; review publicly drawn maps received; review the criteria for adopting redistricting maps; review a proposed Final Supervisorial district map; receive public input; adopt ordinance to repeal ordinance setting existing Supervisorial district boundaries; and Board of Supervisors to consider selection of final map. 9 December 15, 2021 - Statutory deadline to complete redistricting (CA Elections Code section 21501(a)(2)). Consequence of Negative Action: The County is required to hold a minimum of four Public Hearings before adoption of the required redistricting of Supervisorial districts. The current schedule meets those requirements. Failure to schedule at least four Public Hearings may result in the County not being in compliance with the legal requirements for approving Supervisorial district boundaries. Attachment A Contra Costa County Redistricting Update Community Input Summary Redistricting is the once-a-decade process of redrawing the boundaries for Supervisorial districts after the U.S. Census. The County is committed to a robust public outreach process. The following public comments have been submitted through September 27, 2021. Key Takeaways: 1. Much of the public comment received through the Districtr portal centers on communities of interest in District 2. The following outlines key issues related to District 2: • Diablo and Blackhawk should be part of District 2 as they are part of the San Ramon Valley • Lamorinda should be kept together and in District 2 • Portions of unincorporated Contra Costa County in Lafayette Schools should be with Lafayette and in District 2. 2. The remainder of the comments centered on keeping al cities or specific portions of a city together a. The Democratic Party of Contra Costa County asked that all cities be kept intact b. One COI submission (Kate) indicated Downtown Walnut Creek and adjacent neighborhoods should be in the same district. Districtr Redistricting Comment Portal: Community of Interest Maps • C2632: Northern Waterfront • C2635: Downtown Walnut Creek • Note: Ag Core was submitted by staff as an example Districtr Redistricting Comment Portal: District Maps • P4715: Ron’s District Map • P4717: Ron’s #2 Map • P4925: Ron’s #3 • P4926: Add Blackhawk and Diablo to District 2 Districtr Redistricting Comment Portal: Written Testimony • W4783 - District 2 Online Forms • No Submissions Emails and Letter • Letter from the Democratic Party of Contra Costa County via Supervisor Gioia • Email to Roger Chelemedos via Supervisor Andersen. S a n RiverS t r a itCarquinez BigBreak San Leandro Reservoir Los Vaqueros Reservoir BrionesReservoir San Pablo Reservoir CliftonCourtForebay FranksTract HonkerBay SuisunBaySanPabloBay SanFranciscoBay Sacramento RiverJoaquinOld RiverFormer Concord Naval Weapons Station ByronAirport Military OceanTerminal Complex MtDiablo BuchananAirport Chevron Marathon Philips66 KellerCanyonLandfill West Co.Landfill Martinez MorganTerritory TassajaraValley AgriculturalCore ByronTract ConeyIsland QuimbyIsland OrwoodTract PalmTract VealeTract BixlerTract HollandTract JerseyIsland BradfordIsland WebbTract WinterIsland BrownsIsland FranklinCanyon BollingerCanyon VascoHills Briones Canyon SandmoundSlough Refinery Bethel Island Kensington El Sobrante Rodeo Crockett Alamo Knightsen Discovery Bay Byron Bay Point Pacheco Blackhawk Diablo Port Costa Clyde North Richmond Saranap ContraCostaCentre Mt View Vine Hill Tara Hills Montalvin Manor Bayview East Richmond Heights San Miguel North Gate Reliez Valley Alhambra Valley Rollingwood Shell Ridge Acalanes Ridge Castle Hill Camino Tassajara Norris Canyon HERCULES PINOLE RICHMOND MARTINEZ CONCORD PLEASANTHILL WALNUTCREEK LAFAYETTE CLAYTON ANTIOCH OAKLEY BRENTWOOD SANRAMON ORINDA MORAGA ELCERRITO SAN PABLO PITTSBURG DANVILLE PINOLE WALNUTCREEK ANTIOCH }ÿ4 }ÿ24 }ÿ242 }ÿ160 }ÿ4 }ÿ4 }ÿ4 §¨¦80 §¨¦80 567J4 §¨¦580 §¨¦80 §¨¦680 §¨¦680 §¨¦680 §¨¦680 }ÿ4}ÿ4 }ÿ4 }ÿ4 }ÿ24 BERKELEY OAKLAND SAN FRANCISCO DUBLIN ALAMEDA PIEDMONT ALBANY EMERYVILLE BENICIA VALLEJO SAN LEANDRO LIVERMORE TRACY DALY CITY Castro Valley Mountain House Community of Interest Submission c2632Northern WaterfrontCONTRA C O S T A C O U N T Y NOTE: Data is presented as it is submitted in DistrictR online mapping tool. Prepared by the D epartmen t of Cons ervation a nd D evelo pment - GIS Grou p for th e Octob er, 5, 20 21 Board of Supervisors Public Hearin g. Data Source:Districtr O nline M apping tool sub mis sio ns The Northern Waterfront Includes all of Hercules - Antioch north of 4and west of I-80. This is an economic development focus area due to transportation infrastructure such as shipping line, railroad, and key trucking routes. It also includes industrials uses like refineries, manufacturing, food production, and bio-tech industries. This is a very diverse community, both the population and the various types of businesses in the northern waterfront. There is good blend of housing stock and recreational opportunities. Submitted Community of Interest:Northern Waterfront 0 3.5 71.75 Miles ¯ Written Description from Submis sion Community of Interest Submission c2635Downtown Walnut Creek CoreCONTRA C O S T A C O U N T Y S a n RiverS t r a itCarquinez BigBreak San Leandro Reservoir Los Vaqueros Reservoir BrionesReservoir San Pablo Reservoir CliftonCourtForebay FranksTract HonkerBay SuisunBaySanPabloBay SanFranciscoBay Sacramento RiverJoaquinOld RiverFormer Concord Naval Weapons Station ByronAirport Military OceanTerminal Complex MtDiablo BuchananAirport Chevron Marathon Philips66 KellerCanyonLandfill West Co.Landfill Martinez MorganTerritory TassajaraValley AgriculturalCore ByronTract ConeyIsland QuimbyIsland OrwoodTract PalmTract VealeTract BixlerTract HollandTract JerseyIsland BradfordIsland WebbTract WinterIsland BrownsIsland FranklinCanyon BollingerCanyon VascoHills Briones Canyon SandmoundSlough Refinery Bethel Island Kensington El Sobrante Rodeo Crockett Alamo Knightsen Discovery Bay Byron Bay Point Pacheco Blackhawk Diablo Port Costa Clyde North Richmond Saranap ContraCostaCentre Mt View Vine Hill Tara Hills Montalvin Manor Bayview East Richmond Heights San Miguel North Gate Reliez Valley Alhambra Valley Rollingwood Shell Ridge Acalanes Ridge Castle Hill Camino Tassajara Norris Canyon HERCULES PINOLE RICHMOND MARTINEZ CONCORD PLEASANTHILL WALNUTCREEK LAFAYETTE CLAYTON ANTIOCH OAKLEY BRENTWOOD SANRAMON ORINDA MORAGA ELCERRITO SAN PABLO PITTSBURG DANVILLE PINOLE WALNUTCREEK ANTIOCH }ÿ4 }ÿ24 }ÿ242 }ÿ160 }ÿ4 }ÿ4 }ÿ4 §¨¦80 §¨¦80 567J4 §¨¦580 §¨¦80 §¨¦680 §¨¦680 §¨¦680 §¨¦680 }ÿ4}ÿ4 }ÿ4 }ÿ4 }ÿ24 BERKELEY OAKLAND SAN FRANCISCO DUBLIN ALAMEDA PIEDMONT ALBANY EMERYVILLE BENICIA VALLEJO SAN LEANDRO LIVERMORE TRACY DALY CITY Castro Valley Mountain House Prepared by the D epartmen t of Cons ervation a nd D evelo pment - GIS Grou p for th e Octob er, 5, 20 21 Board of Supervisors Public Hearin g. Data Source:Districtr O nline M apping tool sub mis sio ns Written Description from Submis sion Downtown Walnut Creek and adjacent neighborhoods that should be kept together since impacts on downtown affect them as well. Currently split into two districts and should be in one. 0 3.5 71.75 Miles ¯ NOTE: Data is presented as it is submitted in DistrictR online mapping tool. Submitted Community of Interest:Downtown Walnut Creek Core C O N T R A C O S T A C O U N T Y 2.09%Written Description from SubmissionConcept Total Variation 2021 Population Population by District Community Submission p4715Ron's District Map Overview Map and Data This plan keeps communities of interest within a single supervisorial district. Very importantly, the plan places the Blackhawk/Alamo/Diablo area in the same district with the cities of Danville and San Ramon. Blackhawk/Alamo/Diablo are continguous with Danville and/or San Ramon and residents of those three areas shop and dine in Danville and San Ramon. This entire district is upper-middle class from an economic standpoint and is populated by a large percentage of college-educated residents who have professional occupations. D istr ict P o p u latio n Va r ian ce P e r cen t D istr ict 1 2 34 ,7 1 3 1 ,1 0 0 0 .47 % D istr ict 2 2 32 ,9 7 4 (63 9) -0 .2 7% D istr ict 3 2 31 ,0 7 1 (2 ,5 4 2) -1 .0 9% D istr ict 4 2 31 ,6 8 9 (1 ,9 2 4) -0 .8 2% D istr ict 5 2 35 ,9 5 4 2 ,3 4 1 1 .00 % Population: 1,168,064Equal Distribution: 233,613Citizen Voting Age Population (CVAP): 762,574 35 21 4 Current Supervisorial Boundaries ANTIOCH CONCORD OAKLEY SAN RAMON RICHMOND DANVILLE ORINDA WALNUT CREEK PITTSBURG LAFAYETTE MARTINEZ BRENTWOOD MORAGA PINOLE HERCULES PLEASANT HILL CLAYTON EL CERRITO SAN PABLO Byron Alamo Knightsen Bethel Island Blackhawk Bay Point Discovery Bay Rodeo Diablo PachecoEl Sobrante Saranap Crockett Camino Tassajara Clyde Kensington Vine Hill Contra Costa Centre 1 52 4 3NOTE: Data is presen ted a s it is submitted in DistrictR online mapping too l. District names may differ from cu rre nt district na me s. Not all b locks may be assigne d a district. Calcu ations are b ased on assigne d b locks o nly, except County CVAP District 1 District 2 District 3 District 4 District 5 0 5 102.5 Miles ¯ Prepared by the D epartmen t of Cons ervation a nd D evelo pment - GIS Grou p for th e October, 5, 20 21 Board of Supervisors Public Hearin g. Data Source: 20 21 California State Red istricting Data, Ad ju sted P.L 9 4-17 1 Redistricting D ata a nd b lock level Citizen V oting Age Populatio n (CVA P), Districtr Online Mapping to ol s ubmissions Unassigned Population: 1,663Unassigned CVAP: 1,276 Current Supervisorial Boundaries Citizen Voting Age Population(CVAP) by Race and Ethnicity L a tin o172,0 1 4 W h ite 4 6 0 ,5 0 5 B la c k93,7 7 7 A s ia n141,0 0 7 O th e r42,1 7 1 C o u n t y762574 L a t in o9,9 5 8 L a t in o32,5 2 6 L a t in o36,7 0 4 L a t in o33,9 3 7 L a t in o24,5 7 8 W h i t e105,9 3 9 W h i t e49,1 9 0 W h i t e54,2 0 7 W h i t e82,8 9 8 W h i t e107,9 3 4 B l a c k2,5 1 7 B l a c k25,8 6 2 B l a c k22,1 5 2 B l a c k17,9 3 5 B l a c k5,2 2 7 A s i a n29,9 4 3 A s i a n24,2 2 4 A s i a n25,4 7 3 A s i a n15,0 6 7 A s i a n20,7 0 9 O t h e r4,7 2 0 O t h e r6,2 2 7 O t h e r8,0 4 3 O t h e r8,3 1 1 O t h e r7,0 1 7 0 % 1 0 % 2 0 % 3 0 % 4 0 % 5 0 % 6 0 % 7 0 % 8 0 % 9 0 % 1 0 0 % D is t r ic t 1153077 D is t r ic t 2138029 D is t r ic t 3146579 D is t r ic t 4158148 D is t r ic t 5165465 C O N T R A C O S T A C O U N T Y 4.27%Written Description from SubmissionConcept Total Variation 2021 Population Population by District Community Submission p4717Ron's #2 Map - Overview Map and Data This plan largely maintains each city jurisdiction completely within one supervisorial district. It also brings Blackhawk/Alamo/Diablo into the same district as Danville and San Ramon, which is an imperative. These three areas are contiguous with the cities of Danville and/or San Ramon and completely identify with the two cities. Shopping, dining, and leisure time is primarily spent in Danville and San Ramon.Population: 1,168,064Equal Distribution: 233,613Citizen Voting Age Population(CVAP): 762,574 D istr ict P o p u latio n Va r ian ce P e r cen t D istr ict 1 2 35 ,8 6 5 2 ,2 5 2 0 .96 % D istr ict 2 2 36 ,8 3 1 3 ,2 1 8 1 .38 % D istr ict 3 2 36 ,8 7 0 3 ,2 5 7 1 .39 % D istr ict 4 2 26 ,8 8 7 (6 ,7 2 6) -2 .8 8% D istr ict 5 2 30 ,6 0 0 (3 ,0 1 3) -1 .2 9% 35 21 4 ANTIOCH CONCORD OAKLEY SAN RAMON RICHMOND DANVILLE ORINDA WALNUT CREEK PITTSBURG LAFAYETTE MARTINEZ BRENTWOOD MORAGA PINOLE HERCULES PLEASANT HILL CLAYTON EL CERRITO SAN PABLO Byron Alamo Knightsen Bethel Island Blackhawk Bay Point Discovery Bay Rodeo Diablo PachecoEl Sobrante Saranap Crockett Camino Tassajara Clyde Kensington Vine Hill Contra Costa Centre 1 5 2 4 3 Prepared by the D epartmen t of Cons ervation a nd D evelo pment - GIS Grou p for th e October 5, 2 021 Boa rd of Supervisors Public Hearin g. Data Source: 20 21 California State Red istricting Data, Ad ju sted P.L 9 4-17 1 Redistricting D ata a nd b lock level Citizen V oting Age Populatio n (CVA P), Districtr online mapping submission NOTE: Data is presen ted a s it is submitted in Districtr online mappin g tool. District names may differ from cu rre nt district na me s. Not all b locks may be assigne d a district. Calcu ations are b ased on assigne d b locks o nly, except County CVAP District 1 District 2 District 3 District 4 District 5 0 5 102.5 Miles ¯Unassigned Population: 1,011Unassigned CVAP:: 601 Current Supervisorial Boundaries Citizen Voting Age Population(CVAP) by Race and Ethnicity L a t in o9,7 9 2 L a t in o25,1 3 9 L a t in o33,4 1 8 L a t i n o34,2 0 6 L a t i n o35,1 1 0 W h i t e107,2 0 9 W h i t e108,6 6 6 W h i t e51,8 3 1 W h i t e72,6 3 4 W h i t e60,4 6 1 B la c k2,4 5 6 B la c k5,2 6 0 B l a c k25,8 2 6 B l a c k20,4 2 4 B l a c k19,6 7 8 A s i a n30,1 2 2 A s i a n20,0 8 5 A s i a n24,1 6 8 A s i a n14,5 4 7 A s i a n26,6 3 4 O t h e r4,6 3 8 O t h e r7,4 9 4 O t h e r6,1 0 5 O t h e r8,2 8 8 O t h e r7,7 8 2 0 % 1 0 % 2 0 % 3 0 % 4 0 % 5 0 % 6 0 % 7 0 % 8 0 % 9 0 % 1 0 0 % D i s t r ic t 1154217 D i s t r ic t 2166644 D i s t r i c t 3141348 D i s t r i c t 4150099 D is t r i c t 5149665 L a tin o172,0 1 4 W h ite 4 6 0 ,5 0 5 B la c k93,7 7 7 A s ia n141,0 0 7 O th e r42,1 7 1 C o u n t y762574 C O N T R A C O S T A C O U N T Y 0.38%Written Description from SubmissionConcept Total Variation 2021 Population Population by District Community Submission p4925Ron's #3 - Overview Map and Data This plan places Blackhawk, Diablo, Alamo, Round Hill into the same district as Danville and San Ramon, which are communities of common interests. Any redistricting plan MUST place these communities in the same district. Population: 1,168,064Equal Distribution: 233,613Citizen Voting Age Population(CVAP): 762,574 D istr ict P o p u latio n Va r ian ce P e r cen t D istr ict 1 2 33 ,0 7 0 (54 3) -0 .2 3% D istr ict 2 2 33 ,4 9 4 (11 9) -0 .0 5% D istr ict 3 2 33 ,3 4 9 (26 4) -0 .1 1% D istr ict 4 2 33 ,3 7 4 (23 9) -0 .1 0% D istr ict 5 2 33 ,9 6 5 35 2 0 .15 % 35 21 4 ANTIOCH CONCORD OAKLEY SAN RAMON RICHMOND DANVILLE ORINDA WALNUT CREEK PITTSBURG LAFAYETTE MARTINEZ BRENTWOOD MORAGA PINOLE HERCULES PLEASANT HILL CLAYTON EL CERRITO SAN PABLO Byron Alamo Knightsen Bethel Island Blackhawk Bay Point Discovery Bay Rodeo Diablo PachecoEl Sobrante Saranap Crockett Camino Tassajara Clyde Kensington Vine Hill Contra Costa Centre 1 524 3 Prepared by the Department of Conservation and Development - GIS Group for the October 5, 2021 Board of Supervisors Public Hearing. Data Source: 2021 California State Redistricting Data, Adjusted P.L 94-171 Redistricting Data and block level Citizen Voting Age Population (CVAP), Districtr online mapping submissions NOTE: Data is presented as it is submitted in DistrictR online mapping tool. District names may differ from current district names. Not all blocks may be assigned a district. Calcuations are based on assigned blocks only, except County CVAP District 1 District 2 District 3 District 4 District 5 0 5 102.5 Miles ¯Unassigned Population: 812Unassigned CVAP: 591 Current Supervisorial Boundaries Citizen Voting Age Population(CVAP) by Race and Ethnicity L a tin o172,0 1 4 W h ite 4 6 0 ,5 0 5 B la c k93,7 7 7 A s ia n141,0 0 7 O th e r42,1 7 1 C o u n t y762574 L a t in o10,5 5 9 L a t in o31,1 9 1 L a t in o35,7 4 4 L a t i n o24,7 2 4 L a t i n o35,5 0 4 W h i t e103,1 2 1 W h i t e54,9 0 9 W h i t e60,4 3 2 W h i t e106,9 4 1 W h i t e75,3 6 0 B la c k3,7 7 9 B la c k24,2 1 8 B l a c k20,3 4 6 B l a c k5,0 8 5 B l a c k20,2 5 6 A s i a n29,3 5 5 A s i a n24,0 0 0 A s i a n27,7 8 5 A s i a n20,1 2 4 A s i a n14,2 1 9 O t h e r4,7 9 7 O t h e r6,2 3 4 O t h e r8,0 1 6 O t h e r7,2 3 2 O t h e r8,0 5 2 0 % 1 0 % 2 0 % 3 0 % 4 0 % 5 0 % 6 0 % 7 0 % 8 0 % 9 0 % 1 0 0 % D i s t r ic t 1151611 D i s t r ic t 2140552 D i s t r i c t 3152323 D i s t r i c t 4164106 D is t r i c t 5153391 C O N T R A C O S T A C O U N T Y NA Written Description from SubmissionConcept Total Variation 2021 Population Population by District Community Submission p4926Add Blackhawk & Diabo to District 2 - Overview Map and Data Add Blackhawk & Diablo to District 2 and shift a piece of Walnut Creek to District 4 Population: 1,168,064Equal Distribution: 233,613Citizen Voting Age Population(CVAP): 762,574 D i str ic t P o p u la tio n V a r ia n c e P e r c e n t D i s t r i c t 1 5 ,0 1 9 (2 2 8 ,5 9 4 ) -9 7 .8 5 % D i s t r i c t 2 0 (2 3 3 ,6 1 3 ) -1 0 0 .0 0 % D i s t r i c t 3 0 (2 3 3 ,6 1 3 ) -1 0 0 .0 0 % D i s t r i c t 4 0 (2 3 3 ,6 1 3 ) -1 0 0 .0 0 % D i s t r i c t 5 4 ,2 2 2 (2 2 9 ,3 9 1 ) -9 8 .1 9 % 35 21 4 Current Supervisorial Boundaries ANTIOCH CONCORD OAKLEY SAN RAMON RICHMOND DANVILLE ORINDA WALNUT CREEK PITTSBURG LAFAYETTE MARTINEZ BRENTWOOD MORAGA PINOLE HERCULES PLEASANT HILL CLAYTON EL CERRITO SAN PABLO Byron Alamo Knightsen Bethel Island Blackhawk Bay Point Discovery Bay Rodeo Diablo PachecoEl Sobrante Saranap Crockett Camino Tassajara Clyde Kensington Vine Hill Contra Costa Centre 1 5 Prepared by the Department of Conservation and Development - GIS Group for the October 5, 2021 Board of Supervisors Public Hearing. Data Source: 2021 California State Redistricting Data, Adjusted P.L 94-171 Redistricting Data and block level Citizen Voting Age Population (CVAP), Districtr online mapping submission District 1 District 2 District 3 District 4 District 5 Unassigned Population: 1,158,823Unassigned CVAP: 755,829 Citizen Voting Age Population(CVAP) by Race and Ethnicity Current Supervisorial Boundaries L a tin o172,0 1 4 W h ite 4 6 0 ,5 0 5 B la c k93,7 7 7 A s ia n141,0 0 7 O th e r42,1 7 1 C o u n t y762574 L a t i n o239 L a t in o-L a t in o-L a t in o- L a t i n o317 W h it e3,0 8 7 W h i t e-W h i t e-W h i t e- W h i t e1,8 9 5 B la c k25 B la c k-B la c k- B l a c k- B l a c k49 A s i a n576 A s i a n-A s i a n-A s i a n- A s i a n272 O t h e r62 O t h e r-O t h e r-O t h e r- O t h e r223 0 % 1 0 % 2 0 % 3 0 % 4 0 % 5 0 % 6 0 % 7 0 % 8 0 % 9 0 % 1 0 0 % D i s t r ic t 13989 D i s t r i c t 2 D i s t r ic t 3 D i s t r ic t 4 D i s t r i c t 52756 NOTE: Data is presented as it is submitted in DistrictR online mapping tool. District names may differ from current district names. Not all blocks may be assigned a district. Calcuations are based on assigned blocks only, except County CVAP 0 5 102.5 Miles ¯ Previous →← Next District 2 Proceed to Submit a Comment Basic Info Submitter: DON TATZIN Location: Lafayette Submitted on: 9/17/2021 Type: written ID: w4783 Tags Written Testimony Having lived here for more than forty years, I think the current District 2 boundaries make the most sense of any I have seen. I would like to ensure that Lamorinda remains together. Comments & Feedback No comments have been submitted. August 4, 2021 Honorable John M. Gioia Contra Costa County Board of Supervisors 1025 Escobar St. Martinez, CA 94553 Dear Supervisor Gioia, You will shortly be reviewing the required redistricting of the Supervisorial Electoral Districts. The overwhelming principle we hope you will consider is to take into consideration the Communities of Interest to provide a proper reflection of the people. In this regard, the Democratic Party of Contra Costa County has discussed this matter and, by a unanimous vote, advises you that the fundamental basis of a Community of Interest starts with the maintenance of boundaries of the incorporated cities of the county, all of which have come together historically to present to the state a genuine community of interest by its very formation. We have attached the resolution for your information. Therefore, we request, in consideration of the district lines to be established, that no incorporated city be divided such as is currently done with Pinole, Antioch and Walnut Creek. As no city is larger than the average projected size of 230,000 residents and whereas you have the flexibility to arrange districts with up to net 10 per cent variation in total, the goal of not dividing any city is within reasonable achievement. We look forward to your accomplishment of this consideration in reflecting the above Communities of Interest. Thank you, Katie Ricklefs Chair, Democratic Party of Contra Costa County We are the Party for and by the People contracostadems.org Redistricting: Cities in Contra Costa County are to be undivided Whereas the unity of cities is a major contributor to the development of political and social communities of interest in accordance with Democratic values; Therefore, be it resolved that the Democratic Party of Contra Costa County requests and encourages the Board of Supervisors of Contra Costa County to direct staff and abide by a policy that, in the redistricting of Supervisorial Districts, no city shall be divided, unless there is a prior vote of the City's Council to accept a division; and Be it further resolved that the Democratic Party of Contra Costa County will communicate this resolution to elected officials on the Board of Supervisors of Contra Costa County. Submitted by Honorable Edi Birsan, District 4 Approved by DPCCC Membership, July 15, 2021 We are the Party for and by the People contracostadems.org From: Roger Chelemedos (Email address deleted) Date: Saturday, September 4, 2021 at 5:46 AM To: Supervisor Candace Andersen <SupervisorAndersen@bos.cccounty.us> Subject: Redistricting Dear Supervisor Andersen, I live in Lafayette on Reliez Valley Road and our area is in Federal Glover's district #5. As a part of the redistricting discussions, I think it is widely accepted that this area (extending your supervisorial territory through Grayson Rd) should be in your district. No offense to district 5, but this area has much more in common with your constituents than we do in more eastern Contra Costa County. Seems to be a holdover from 20+ years ago when this area was aligned more closely with Pleasant Hill. While this county area may never annex into the City of Lafayette, we are in Lafayette school districts and participate in Lafayette Parks and Recreation Thank you, Roger Chelemedos Public Outreach Communications Report 9/27/2021 - Page 1 Redistricting Public Outreach Communications Report Media Coverage (as of September 27, 2021) • East County Today, 8/5/2021: Contra Costa County Launches Redistricting Process First Public Hearing • Patch, 8/6/2021: Once-In-A-Decade Redistricting Process Kicks Off Tuesday In CoCo • KALW, 8/8/2021: Contra Costa County Invites Public To Help With Redistricting Process • Claycord, 8/8/2021: Contra Costa County To Host First Hearing For Supervisorial Redistricting Process • Danville San Ramon, 8/11/2021: County Supervisors Hold First Public Hearing in Local Redistricting Process Redistricting News Releases August 5, 2021 Contra Costa County Launches Redistricting Process First Public Hearing on August 10, 2021 (PDF) August 13, 2021 Census Bureau Releases First Local Data that Forms the Basis for the County’s Redistricting Process (PDF) Email Messaging to Redistricting Subscriber List Total 254 Subscribers: • Redistricting Subscribers (online sign ups): 60 • Census Grantee and Interested Party: 175 • City Manager List: 25 • Redistricting Key Staff: 11 Note: Total of all subgroups is 271 because some people are in more than one subgroup. Public Outreach Communications Report 9/27/2021 - Page 2 The average Open Rate (the percentage of contacts who opened an email compared to how many contacts were sent the email) is 39.5%. The average Click-through Rate (measures the proportion of the unique contacts who opened an email and then clicked on any link in the email) is 18%. CoCoRedistricting.org and County Website Overall Website Outreach & Engagement (August 4, 2021 – September 27, 2021): • Overall Total of Website Page Views, including views of News Releases online: 3,327 • CoCoRedistricting.org Homepage received the most views, followed by Timeline and Events, About Redistricting, News Flash, and Share Your Community of Interest. Social Media Outreach Overall Total of Twitter and Nextdoor Views and Engagements/Reactions: 69,942 Twitter Postings Twitter Posts Total Impressions (times people saw tweets on twitter) 12,889 Engagements (times people interacted with tweets) 350 Total 13,239 Nextdoor Postings Nextdoor Posts Total Impressions (number of residents who viewed and opened a post in their Nextdoor newsfeed or email) 56,660 Reactions (times people interacted with post) 43 Total 56,703 CONTRA COSTA COUNTY BOARD OF SUPERVISORS REDISTRICTING PUBLIC HEARING # 2 October 5, 2021 1 Contra Costa County Redistricting Redistricting is necessary to comply with Equal Protection Clause, 14th Amendment, U.S. Constitution, “one person, one vote” Board redistricting last occurred in 2011 (Ord. 2011-15) In Contra Costa County, the Board of Supervisors is responsible for drawing supervisorial districts. This must be done using Official U.S. Census data, that was released on September 20, 2021. 2 2011 BOARD REDISTRICTING MAP 3 GOVERNING LAW 14TH Amendment, Equal Protection Clause, U.S. Constitution –“one person, one vote” California Elections Code, Sections 21500-21509 Voting Rights Act of 1965 AB 849 & SB 1108 & SB 594 4 CALIFORNIA LAW MANDATORY REQUIREMENTS •Strict Time Limits –Elections Code section 21501 requires that the boundaries of the supervisorial districts shall be adopted by the board no later than December 15, 2021 •Before adopting a final map, the board shall hold at least four (4) Public Hearings •One before draft maps are drawn •At least two (2) after the maps are drawn •At least one on a Saturday, Sunday or after 6:00 PM Monday through Friday •Public Hearings at a fixed time regardless of other agenda items, but Board may first conclude any item being discussed 5 Redistricting Public Hearing Schedule AUGUST 10, 2021 @ 9:00 AM September 20, 2021 October 5, 2021 @ 9:00 AM October 19, 2021 @ 6:15 PM October 23 –28, 2021 November 9, 2021 @ 9:00 AM November 23, 2021 @ 9:00 AM December 15, 2021 Redistricting Public Hearing #1 Release of California State Adjusted 2020 Census Redistricting Data Public Hearing #2 Public Hearing #3 District Workshops Public Hearing #4 Public Hearing #5 Statutory Deadline to complete Redistricting 6 Redistricting Individual Supervisorial workshop Schedule Saturday, October 23, 2021 @ 9:00 AM at the San Ramon City Hall, 7000 Bollinger Canyon Road, San Ramon 94583 Hosted by Supervisor Candace Andersen Sunday, October 24, 2021 @ 12:00 NOON County Board chambers, 1025 Escobar Street, Martinez 94553 by zoom only Hosted by Supervisor Diane Burgis Monday, October 25, 2021 @ 7:00 PM at the Pleasant Hill Community Center –Perera Pavilion, 320 Civic Drive, Pleasant Hill 94523 Hosted by Supervisor Karen Mitchoff Tuesday, October 26, 2021 @ 7:00 PM County Board chambers, 1025 Escobar Street, Martinez 94553 by zoom only Hosted by Supervisors Diane Burgis & Federal Glover Wednesday, October 27, 2021 @ 6:30 PM at the San Pablo City Hall, 1000 Gateway Avenue, San Pablo 94806 Hosted by Supervisor John Gioia Thursday, October 28, 2021 @ 7:00 PM County Board chambers, 1025 Escobar Street, Martinez 94553 zoom only Hosted by Supervisor Federal Glover 7 Community Online Workshop Schedule First Community Workshop was conducted by Districtr on September 15, 2021 October 13, 2021 at 4:00 PM presented in Spanish & Hosted by Districtr October 14, 2021 at 2:00 PM Hosted by Districtr These are Technical Workshops intended for the public to learn how the online mapping application works and how to submit Suggestions for Community of Interests or suggestions for Supervisorial District maps More information is available at www.CoCoRedistricting.org 8 CALIFORNIA FAIR MAPS ACT RANKED PRIORITIES 9 To the extent practicable, supervisorial districts shall be geographically contiguous.Areas that meet only at the points of adjoining corners,are separated by water and not connected by a bridge, tunnel or regular ferry service are not contiguous. Geographic integrity of any local neighborhood or local Community of Interest (COI)shall be respected in a manner that minimizes its division. To the extent practicable, geographic integrity of a city or census designated place shall be respected in a manner that minimizes its division. Supervisorial district boundaries should be easily identifiable and understandable by residents.To the extent practicable, supervisorial districts shall be bounded by natural and artificial barriers, by streets, or by the boundaries of the county. To the extent practicable, and where it does not conflict with the preceding criteria in this subdivision, supervisorial districts shall be drawn to encourage geographical compactness in a manner that nearby areas of population are not bypassed in favor of more distant populations. The Board of Supervisors shall not adopt supervisorial district boundaries for the purpose of favoring or discriminating against a political party. AB 1276 Fair Maps Act Community of Interest A “community of interest” is a population that shares common social or economic interests that should be included within a single supervisorial district for purposes of effective and fair representation. A “Community of interest” can be almost anything, but must be identifiable by a specific geographic area 10 GUIDING PRINCIPLES / CRITERIA When possible maintain communities of interest together in a single district and avoid splitting communities. Communities of interest may be defined by existing boundaries for Cities School Districts Special Districts Unincorporated communities Examples of Community of Interests: 11 Examples of Communities of Interest Urban and rural interests Housing patterns and living conditions (urban, suburban, rural) Cultural, religious, and language characteristics Communication and transportation networks Transportation hubs / centers Redevelopment areas School districts / attendance areas Congressional or State legislative districts Income levels Educational backgrounds Age demographics, household size / family size Group quarters, housing owners vs. renters Policy issues (concerns about crime, education, etc.) Employment and economic patterns (How are community residents employed? What is the economic base of the community?) Health and environmental conditions Work opportunities Social interests Community centers Parks / dog parks Media markets Occupations and lifestyles 12 POPULATION GROWTH Official 2020 U.S. Census data must be used as basis for the Board’s redistricting Census 2020 redistricting data was scheduled to be released by April 1, 2021 –however, the data was not released until August 12,2021 in ”Legacy” format. The California Official Redistricting Database is responsible for redistricting data and was released on September 20, 2021and included incarcerated population reallocation numbers 13 Contra Costa County Population & Deviation from the Mean 14 2020 over/under population 2020 Over/Under Population Deviation Supervisor district 1 John Gioia -8,315 225,298 -3.56%3.56% Supervisor district 2 Candace Andersen 10,166 243,779 4.35%4.35% Supervisor district 3 Diane Burgis 6,658 240,271 2.85% Supervisor district 4 Karen Mitchoff -3,955 229,658 -1.69% Supervisor district 5 Federal Glover -4,555 229,058 -1.95% Equal Population -0- 1,168,064 7.91%7.91% 233,613 Contra Costa County represents the State’s Overall Demographic Makeup According to a SF Chronicle analysis of 2020 Census Data, San Diego County best represents the state’s overall demographic makeup when considering its share of white, Hispanic, Black and Asian residents, as well as the number of adults. Data on other non-Hispanic race groups or on other Data such as income are not collected as part of the 2020 Census. The Article said that Contra Costa County had the fourth smallest deviation based on: Share of Difference Population from State White 39%+4% Asian 18%+3% Hispanic 27%-12% Black 8%+3% Adults 77%-1% SF Chronicle by Nami Sumida August 29, 2021 15 All Supervisorial districts have become more diverse over the past decade 16 Latino 35.0% Latino 22.4% Latino 29.5% Latino 8.5% Latino 40.9% Latino 27.0% White 27.5% White 51.7% White 37.9% White 55.1% White 21.7% White 39.1% Black 12.4% Black 3.0% Black 11.4% Black 1.6% Black 14.0% Black 8.4% Asian 17.9% Asian 15.2% Asian 13.6% Asian 28.0% Asian 16.8% Asian 18.4% Other 7.1% Other 7.7% Other 7.6% Other 6.7% Other 6.6% Other 7.1% 0%10%20%30%40%50%60%70%80%90%100% District 5 District 4 District 3 District 2 District 1 County Latino White Black Asian Other Data Source: 2020 U.S. Census CITIZEN VOTING AGE POPULATION BY SUPERVISORIAL DISTRICT 17 Latino 23.3% Latino 15.1% Latino 21.7% Latino 6.5% Latino 25.5% Latino 18.1% White 40.5% White 65.3% White 50.0% White 70.3% White 32.2% White 52.6% Black 13.7% Black 3.2% Black 12.3% Black 1.7% Black 19.7% Black 9.7% Asian 17.3% Asian 12.1% Asian 10.8% Asian 18.3% Asian 17.9% Asian 15.2% Other 5.3% Other 4.3% Other 5.2% Other 3.2% Other 4.7% Other 4.5% 0%10%20%30%40%50%60%70%80%90%100% District 5 District 4 District 3 District 2 District 1 County Latino White Black Asian Other Data Source: 2021 California State Redistricting Data, Adjusted P.L 94-171 Redistricting Data and block level Citizen Voting Age Population (CVAP) DATA ANALYSIS & MAPPING Existing Department of Conservation and Development (DCD) staff and resources, including GIS mapping program, are used to map district boundaries On September 20, 2021 the California Official Census Data was available, & DCD began mapping district boundary alternatives However, the Fair Maps Act prohibits the County from releasing any County Draft Proposals of district boundary alternatives until October 12, 2021 (21 days after the Official Data was available) 18 19 County’s Districtr Mapping Program Allows members of the public: •Draw map proposals for Community of Interests or proposals for Supervisorial Districts •Submit their proposals to the Board of Supervisors •Explain why Community of Interests should not be split between supervisorial districts •Make comments on Community of Interests or maps submitted by others WWW.CoCoRedistricting.org 20 21 22 23 24 25 26 Public Comment Submitted as of September 27, 2021 August 4, 2021 Katie Ricklefs Chair, Democratic Party of Contra Costa County You will shortly be reviewing the required redistricting of the Supervisorial Electoral Districts. The overwhelming principle we hope you will consider is to take into consideration the Communities of Interest to provide a proper reflection of the people. In this regard, the Democratic Party of Contra Costa County has discussed this matter and, by a unanimous vote, advises you that the fundamental basis of a Community of Interest starts with the maintenance of boundaries of the incorporated cities of the county, all of which have come together historically to present to the state a genuine community of interest by its very formation. We have attached the resolution for your information. September 4, 2021 Roger Chelemedos I live in Lafayette on Reliez Valley Road and our area is in Federal Glover's district #5. As a part of the redistricting discussions, I think it is widely accepted that this area (extending your supervisorial territory through Grayson Rd) should be in your district. No offense to district 5, but this area has much more in common with your constituents than we do in more eastern Contra Costa County. Seems to be a holdover from 20+ years ago when this area was aligned more closely with Pleasant Hill. While this county area may never annex into the City of Lafayette, we are in Lafayette school districts and participate in Lafayette Parks and Recreation September 17, 2021 Don Tatzin Comments Having lived here for more than forty years, I think the current District 2 boundaries make the most sense of any I have seen. I would like to ensure that Lamorinda remains together. 27 Contra Costa County Dedicated Redistricting Website Submission Gallery 28 Public Outreach •GOAL: to encourage public participation through •Media outreach •Good government, civil rights, civic engagement & community groups •Live translation, if requested 72 hours in advance of meeting •Publication of notices on the internet •Publication of notices of required public hearings five days before hearing •Publication of a draft map at least seven days before adoption •Publication of relevant demographic data •Receipt of maps or testimony from the public in writing or electronically 29 PUBLIC OUTREACH “ensure transparent process, providing exceptional public access to information” Established Redistricting webpage on County website as primary portal for public information/access with up-to-date information and ability for public to provide feedback and comments Subject to any modifications required by COVID 19 The County Administrator’s Office and DCD provides support virtual or in person for County wide public workshops to provide background, present boundary changes, answer questions, and receive input Other outreach efforts include: press releases, public notice in newspapers, CCTV, civic engagement and community groups active in the County as well as other strategies 30 PUBLIC OUTREACH “ensure transparent process, providing exceptional public access to information” Redistricting Communications Report Email Messaging subscribers 254 Dedicated Redistricting Website Reviews 3,327 Twitter & Nextdoor Posts 69,942 The Complete Redistricting Communications Report is available (Attachment B to the October 5 Public Hearing Board Order) 31 December 15, 2021 Deadline The California Supreme Court extended the time for the California Redistricting Commission to complete its work to December 27, 2021 (it was December 15, 2021). SB 594 was signed by the Governor on September 24th. This bill adjusts the State deadlines to account for the later redistricting deadline. However, neither action impacts the statutory deadline of December 15, 2021 for the County to complete its redistricting of the Board districts. Per SB 594, The Secretary of State is required to have signature-in-lieu of filing fee petitions available 7 days after the redistricting deadline (January 3rd).The number of required signatures is reduced by the proportionate reduction in the signature collection period. 32 BOARD REDISTRICTING 2021 QUESTIONS? 33 RECOMMENDATION(S): CONSIDER adopting Resolution 2021/327 to authorize the Board, in all its capacities, its subcommittees, and its advisory bodies to conduct teleconference meetings under Government Code section 54953 (e) and make related findings; 1. DETERMINE that these bodies will hold virtual meetings for the next 30 days; and2. CONSIDER directing the Planning Commission, Merit Board, and Assessment Appeals Board to consider implementing Government Code section 54953 (e) at their next meeting DIRECT the County Administrator/Clerk of the Board and staff to the various advisory bodies to take actions as needed to implement the intent and DIRECT the County Administrator/Clerk of the Board to return this matter to the Board within 30 days for reconsideration as to all bodies covered by the resolution. 3. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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 McNett Mason, 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: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Mary Ann McNett Mason, County Counsel, Monica Nino, Clerk of the Board of Supervisors D.2 To:Board of Supervisors From:Mary Ann Mason, County Counsel Date:October 5, 2021 Contra Costa County Subject:Authorizing Teleconference Meetings (AB 361, Government Code § 54953(e)) FISCAL IMPACT: This is an administrative action with no direct fiscal impact. BACKGROUND: When the COVID-19 pandemic began, Governor Newsom issued an executive order that allowed local agencies to meet remotely without complying with all teleconferencing requirements of the Brown Act. Executive Order N-29-20 suspended certain non-emergency teleconferencing rules, including the requirements that each teleconference location be listed on the agenda and be physically accessible to the public during the meeting and that the public must be given an opportunity to comment at each teleconference location. Since March 2020, the Board of Supervisors and its advisory bodies met virtually, as authorized by Executive Orders N-29-20, N-35-20, N-08-21 and N-15-21. This authority expired September 30, 2021. New legislation known as Assembly Bill 361, amended the teleconferencing provision of the Brown Act, Government Code section 54953. Effective October 1, 2021, section 54953, subsection (e), authorizes a local agency to use special teleconferencing rules when a legislative body of a local agency holds a meeting during a state of emergency declared by the state and either A) state or local health officials have imposed or recommended measures to promote social distancing, or B) the legislative body is meeting to determine whether, or has determined, by majority vote, that meeting in person would present imminent risks to the health or safety of meeting attendees. When a legislative body uses the emergency teleconferencing provisions under section 54953 (e), the following rules apply: The agency must provide notice of the meeting and post an agenda as required by the Brown Act and Better Government Ordinance, but the agenda does not need to list each teleconference location or be physically posted at each teleconference location. The agenda must state how members of the public can access the meeting and provide public comment. The agenda must include an option for all persons to attend via a call-in or internet-based service option. The body must conduct the meeting in a manner that protects the constitutional and statutory rights of the public. If there is a disruption in the public broadcast of the meeting or of the call-in or internet-based meeting service, the legislative body must stop the meeting and take no further action on agenda items until public access and ability to comment is restored. Local agencies may not require public comments to be submitted in advance of the meeting and must allow virtual comments to be submitted in real time. The body must allow a reasonable amount of time per agenda item to permit members of the public to comment, including time to register or otherwise be recognized for the purposes of comment. If the body provides a timed period for all public comment on an item, it may not close that period before the time has elapsed. The body must reconsider the circumstances of the state of emergency and the findings in support of emergency teleconference meetings every 30 days AB 361 sunsets on January 1, 2024. A Board resolution authorizing teleconferencing under section 54953 (e) is attached. It would determine that the State has declared a state of emergency related to COVID-19 and find that social distancing recommendations are in place and that there is an imminent risk of harm to the public, staff and officials if live meetings are conducted. If adopted, for the next 30 days the resolution would require the Board of Supervisors, in all its capacities, its subcommittees, and all of the board-governed advisory bodies (unless otherwise noted) to hold teleconference meetings consistent with the above described rules. Resolution 2021/327 would direct the County Planning Commission, the Merit Board, and the Assessment Appeals Board to consider implementing teleconferencing under section 54953 (e) at their next meeting. If the Board wishes to continue teleconferencing under section 54953 (e), every 30 days after adopting resolution 2021/327 the Board must reconsider the circumstances of the state of emergency and find that one or both of the following circumstances exists: the state declared emergency continues to directly impact the ability of members to safely meet in person, or state or local officials continue to impose or recommend measures to promote social distancing. If the state declared emergency no longer exists, or if the Board does not make these findings by majority vote, then it and its committees and advisory bodies will no longer be exempt from the Brown Act’s non-emergency teleconferencing rules. The attached resolution directs the County Administrator to return no later than 30 days after the resolution is adopted with an item for the Board to consider whether to continue meeting under the provisions of Government Code section 54953 (e). CONSEQUENCE OF NEGATIVE ACTION: The Board, in all its capacities, its committees, and its advisory bodies would not conduct teleconference meetings under the provisions of Government Code section 54953 (e), added by Assembly Bill 361, commencing October 5. CLERK'S ADDENDUM Speakers: Nicole; Cheryl Grover; Kristin Hendersen; Marilyn; Cora; Marianna Moore; David Rowgli. AGENDA ATTACHMENTS Resolution 2021/327 MINUTES ATTACHMENTS Signed Resolution No. 2021/327 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 10/05/2021 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/327 A RESOLUTION OF THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS, IN ITS CAPACITY AS THE GOVERNING BOARD OF THE COUNTY, THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT, THE HOUSING AUTHORITY OF THE COUNTY OF CONTRA COSTA, THE CONTRA COSTA COUNTY FLOOD CONTROL AND IMPROVEMENT DISTRICT AND THE CONTRA COSTA COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY, AUTHORIZING TELECONFERENCE MEETINGS UNDER GOVERNMENT CODE SECTION 54953 (e) (AB 361) Recitals 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. A. 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. B. On March 17 and 21, 2020, Governor Newsom issued Executive Orders N-29-20 and N 35-20, which suspended the teleconferencing rules set forth in the California Open Meeting law, Government Code section 54950 et seq. (the Brown Act), provided certain requirements were met and followed. C. On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which clarified the suspension of the teleconferencing rules set forth in the Brown Act and further provided that those provisions would remain suspended through September 30, 2021. D. On September 16, 2021, Governor Newsom signed Assembly Bill 361, which provides that under Government Code section 54953(e), a legislative body subject to the Brown Act may continue to meet using teleconferencing without complying with the non-emergency teleconferencing rules in Government Code section 54953(b)(3) if a state declared state of emergency exists and either state or local officials have imposed or recommended measures to promote social distancing or meeting in person would present imminent risks to health and safety of meeting attendees. E. On September 20, 2021, Governor Newsom issued Executive Order N-15-21, which suspended the provisions of Assembly Bill 361 until October 1, 2021. F. On September 20, 2021, the Contra Costa County Health Officer issued recommendations for safely holding public meetings that include recommended measures to promote social distancing. G. Among the Health Officer’s recommendations: (1) on-line meetings (teleconferencing meetings) are strongly recommended as those meetings present the lowest risk of transmission of SARS-CoV-2, the virus that causes COVID-19; (2) if a local agency determines to hold in-person meetings, offering the public the opportunity to attend via a call-in option or an internet-based service option is recommended when possible to give those at higher risk of an/or higher concern H. about COVID-19 an alternative to participating in person; (3) a written safety protocol should be developed and followed, and it is recommended that the protocol require social distancing – i.e., six feet of separation between attendees – and face masking of all attendees; (4) seating arrangements should allow for staff and members of the public to easily maintain at least six-foot distance from one another at all practicable times. The California Department of Public Health (CDPH) and the federal Centers for Disease Control and Prevention (CDC) caution that the Delta variant of COVID-19, currently the dominant strain of COVID-19 in the country, is more transmissible than prior variants of the virus, may cause more severe illness, and even fully vaccinated individuals can spread the virus to others resulting in rapid and alarming rates of COVID-19 cases and hospitalizations. I. The emergence of the Delta variant has led to a severe rise of COVID-19 infections, hospitalizations and deaths in Contra Costa County in the past two months. The Delta variant became the predominant strain among samples sequenced in Contra Costa County and California in early July 2021, and currently represents over 95% of samples sequenced both at the Contra Costa County Public Health lab and per reports of statewide sequencing. J. As of September 13, 2021, the seven-day rolling average of new cases in the County was 223 cases per day, a case rate that is in the “high” community transmission tier, the most serious of the CDC’s community transmission tiers. K. In the interest of public health and safety, as affected by the emergency caused by the spread of COVID-19, the Contra Costa County Board of Supervisors, acting in all of its capacities, intends to invoke the provisions of Government Code section 54953 (e), added by Assembly Bill 361, related to teleconferencing. L. NOW, THEREFORE, the Contra Costa County Board of Supervisors, in its capacity as the governing board of the County, the Contra Costa County Fire Protection District, the Housing Authority of the County of Contra Costa, the Contra Costa County Flood Control and Water Conservation District, and the Contra Costa County In-Home Supportive Services Public Authority, and on behalf of all resolves as follows: The Board of Supervisors finds that the state of emergency proclaimed by Governor Newsom on March 4, 2020 remains in place. 1. The Board of Supervisors finds that the Contra Costa County Health Officer has strongly recommended that public meetings be held by teleconferencing as those meetings present the lowest risk of transmission of SARS-CoV-2, the virus that causes COVID-19. 2. The Board of Supervisors finds that in person meetings of the Board of Supervisors would present imminent risks to the health or safety of the public, staff and officials attending meetings, in light of the high case rate of COVID-19 infections in the County. 3. As authorized by Assembly Bill 361, effective immediately and for the next 30 days the Board of Supervisors, acting in all its capacities, and all its subcommittees will use teleconferencing for meetings in accordance with the provisions of Government Code section 54953(e). 4. These findings apply to all advisory bodies, committees, and commissions established by the Board in all its capacities, including but not limited to municipal advisory councils and the Measure X Community Advisory Body, except as provided in Section 6. Effective immediately, and for the next 30 days, such bodies shall use teleconferencing for meetings in accordance with the provisions of Government Code section 54953 (e). 5. The Assessment Appeals Board, Merit Board, and Planning Commission, are directed to consider implementation of Government Code section 54953 (e) at their next meeting and are strongly encouraged to use teleconferencing for their meetings in accordance with the provisions of Government Code section 54953 (e) for the next 30 days. 6. The County Administrator/Clerk of the Board and staff to the various Board advisory bodies are authorized and directed to take all actions necessary to implement the intent and purpose of this resolution, including conducting open and public meetings in accordance with Government Code section 54953(e) and all other applicable provisions of the Brown Act. 7. The County Administrator/Clerk of the Board is directed to return to the Board acting in all of its capacities, no later than 30 days after this resolution is adopted, with an item to reconsider the state of emergency and whether to continue meeting virtually under the provisions of Government Code section 54953 (e) and to make required findings as to all bodies covered by this resolution. 8. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. Contact: Mary Ann McNett Mason, County Counsel, (925) 655-2200 ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Mary Ann McNett Mason, County Counsel, Monica Nino, Clerk of the Board of Supervisors RECOMMENDATION(S): 1. ELECT a Supervisor to be Chairperson of the Board of Supervisors for calendar year 2022 or until the selection of a successor, whichever occurs later. 2. ELECT a Supervisor to be Vice-Chairperson of the Board of Supervisors for calendar year 2022 or until the selection of a successor, whichever occurs later. FISCAL IMPACT: No fiscal impact. BACKGROUND: At the first meeting of each calendar year, the Board of Supervisors reorganizes, updates its rules of procedure, establishes the list of standing and ad hoc committees and appoints board members to committees, and discusses prior year accomplishments and new year goals and challenges. Preparation for the annual reorganization meeting requires many weeks of staff effort, under the direction of the board chair. The Board of Supervisors votes to select its officers following a nomination process. Although not a requirement, the Board has traditionally rotated the offices of Chair and Vice Chair among the five members, i.e., each member would serve APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: Jami Morritt 925-655-2005 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: D.3 To:Board of Supervisors From:Monica Nino, County Administrator Date:October 5, 2021 Contra Costa County Subject:NOMINATION OF 2022 OFFICERS OF THE BOARD OF SUPERVISORS BACKGROUND: (CONT'D) as Chair at least once during his/her term of office. This rotation has historically been interrupted only due to changes in membership or absence due to illness. The Chair serves as presiding officer of the Board; rules on questions of procedure; nominates for Board approval representatives to Board committees whose appointment is not otherwise provided for; signs resolutions, ordinances, contracts, leases and other official documents approved by the Board; preserves order and decorum; and decides all questions of order. The Chair may consult with County Counsel in making such rulings. Decisions of the Chair may be overruled by a majority vote of the Board of Supervisors. The Vice-Chair has and may exercise all powers and duties of the Chair at the meetings at which the Chair is absent. If neither the Chair nor the Vice-Chair is present at a Board meeting, the Board members present selects one of their members to act as the Chair Pro Tempore. The Chair Pro Tempore shall have and exercise all the powers and duties of the Chair for that particular meeting only. Because the reorganization requires substantial thought and planning, early selection of new year officers permits the incoming board chair to take an active role in planning for the annual reorganization. CONSEQUENCE OF NEGATIVE ACTION: Planning and administration of the annual board reorganization may take longer to implement if the 2022 board officers are not decided in the fall of 2021. CLERK'S ADDENDUM Speakers: no name given; ELECTED Supervisor Karen Mitchoff to serve as Chair of the Board in 2022; and ELECTED Supervisor Federal Glover to serve as Vice Chair for 2022. RECOMMENDATION(S): ACCEPT update on COVID 19 and PROVIDE direction to staff. (Dr. Ori Tzvieli and Erika Jenssen, Deputy Director) 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: 10/05/2021 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: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.4 To:Board of Supervisors From:Monica Nino, County Administrator Date:October 5, 2021 Contra Costa County Subject:Update on COVID -19 CLERK'S ADDENDUM The following spoke in opposition to mask and vaccine mandates: Gail, Walnut Creek; Jen, Danville. The following spoke in opposition to vaccine mandates: Kimberly Madison; Mindy; Linda; Nicole Fox; Nandine; Marilyn; Ian. Tony, Walnut Creek, had questions about County statistical reporting. Dr. Tvieli provided some clarifications: The United States has excellent vaccine safety system. Side effects from a vaccine are reported to the vaccine event safety system nationwide. The reports are investigated to find out if they happen to be coincidental or due to the vaccines. Based on those reports, the FDA and CDC will review the reports and determine if there is concern about a particular vaccine. There are reports filed for covid-19. They have been investigated. There is information on the CDC website. There are no links between covid vaccine and death. Ivermectin is not a proven treatment for Covid-19 That medication is not yet FDA approved or available to the public at this time. There are some treatments for Covid-19 infection, including monoclonal antibodies. People suffering or in the early days of covid-19 are advised to speak with their doctor or their healthcare provider and see what treatments are available to them. Frequently Asked Questions and vaccine and mask guidance are available at the cchealth.org website. The Center for Disease control website regarding Covid-19 is https://www.cdc.gov/coronavirus Update report attached. AGENDA ATTACHMENTS MINUTES ATTACHMENTS Covid-19 Update Covid 19 Report 10-05-21 Covid-19 Update Report D.4 10-05-2021 Erika Jenssen, CCHS Deputy Health Director As the public has noted, we have continued to see improvement in Covid-19 rates this week. We are so pleased and thank our community that nearly 82% of county residents ages 12 and older are fully vaccinated and 86.8% are partially vaccinated. Which is incredible so thank you all for making that happen. Over the past two weeks, case rates have dropped 35% and hospitalizations decreased by 27%. Our seven-day average of new cases was 146.4 on September 26th, the last day we have complete data, compared to 211 on September 12th. A significant drop during those two weeks in September. And as of yesterday (October 4, 2021) 81 people were hospitalized. Just one month ago on September 4th, 183 people were hospitalized for Covid-19 in the county. We are not out of the woods there yet. While transmission is down in our community and infections are down we are still substantially above the levels considered safe by the State of California when it lifted its health order on June 15. Our seven-day rolling average of new Covid cases was 146 on September 26th, compared to 45.3 on June 15th. We have certainly some Covid-19 in our community particularly the delta variant. And so we are cautious, happy about these numbers but also cautious. Contra Costa Health Services (CCHS) continues to encourage everyone who is eligible to get vaccinated.Our local data show again and again getting vaccinated protects our community. After you are vaccinated you are much less likely to become infected, hospitalized or to die because of Covid. Since December 15th, 2020 95% of Covid-19 related deaths were among people who were unvaccinated or partially vaccinated. Unvaccinated people in Contra Costa are more than eight times more likely to be hospitalized and nearly four times as likely to contract Covid-19 than vaccinated people. There is some good news. The Pfizer vaccine is currently available to children ages 12 to 15 under an emergency use authorization. Pfizer began the authorization process with the FDA last week by submitting data from younger age groups from their clinical trials. The FDA has announced that the FDA panel is meeting on October 26th to consider making the vaccine available ages 5 to 11, under an emergency youth authorization. We expect that younger children ages five to 11 years old will be able to receive the vaccine somewhere around November 1st depending on all of the various approvals. We are incredibly pleased and hopeful about this because it will mean that kids in that age group 5 to 11 could have received our first dose by Thanksgiving and be fully vaccinated in time for the winter holidays. That is great news for families across the nation and certainly in our county and we know that people have been really thinking about how to celebrate the holidays this year. On Friday (October 1, 2021) Governor Newsom announced a vaccine mandate for students to begin in 2022. California will begin requiring eligible students to get vaccinated against Covid-19 after vaccines are fully authorized by the U.S. Food and Drug Administration (FDA). We don't expect full approval from the FDA for ages 5 to 11 this year, obviously, because they still have to do the emergency use. So the younger kids likely won't be subject to this vaccine mandate until July 2022, and we're waiting to see about the older kids. We don't know exactly when this vaccine mandate, for schoolchildren, will take effect but likely not until mid 2022. Covid 19 Report 10-05-21 The West Contra Costa School District passed its own vaccine mandate for eligible students and under that mandate West Contra Costa School District students 12 and over are required to be fully vaccinated against Covid-19 with proof of their first shot by November 15th and their second shot by December 15th. Dr. Chris Farnitano, Public Health Officer, has written a letter in support of this and expresses his full support for other school districts in Contra Costa enacting mandates for student vaccination. The CDC has issued a health advisory strongly recommending that pregnant women get Covid-19 vaccine. It is an urgent health advisory for people who are pregnant, recently pregnant including those who are lactating, those who are trying to become pregnant now or may become pregnant in the future to prevent serious illness deaths and adverse pregnancy outcomes. We know that vaccination rates are much lower among pregnant people than among the general population. According to CDC data only 31% of people who are pregnant have been vaccinated and these vaccination rates are markedly very different across race and ethnicity. Vaccination coverage highest among Asian American people who are pregnant, lower among latin pregnant people and the lowest among African American pregnant people. At Contra Costa Regional Medical Center, between June 1st and September 9th, of the 527 women admitted there to deliver their babies, only 29% were fully vaccinated on or before delivery. After delivery, this increased to 51% fully vaccinated and 59% partially vaccinated. We do urge our hospitals who have women coming in to deliver babies to check vaccination records and to offer the vaccine to women postpartum as well as family members who are coming to visit. There have been 125,000 confirmed cases of Covid-19 in pregnant people, including more than 22,000 hospitalized and 161 deaths in the United States. Pregnant women are at a higher risk of hospitalization and death related to Covid-19 vaccine. So we are really interested in increasing vaccination and offering it at every opportunity that we can.We are aware that misinformation of Covid vaccine exists. Misinformation about the risk of the Covid-19 and we are really interested in countering that misinformation and giving scientific based facts. Gilbert Salinas, Chief Equity Officer There has been a 2.7% increase in new vaccinations in September and first few days of October. Antioch has seen a 4.2% increase in September compared to 2.7 for the entire county. Our mobile vaccine teams continue to bring vaccines the hardest hit communities seven days a week. Medical reserve corps has been conducting weekly vaccination clinics. This community was identified as having some of the lowest vaccination rates and highest poverty rates throughout the county. We chose to embed ourselves into this community and show up every Thursday. Meeting people where they already gather. As was hoped the word spread about our pop up vaccine clinic and the number of people getting vaccinated steadily grew with a peak in August. Since July 11th, and we've administered over 363 doses of Covid-19 vaccine. This outreach effort is really just an example, one example of how if you embed yourself into a community, the community will then build trust, you build trust, you establish relationships, and for example in this census tract, the vaccination rate has increased to 60.7% to the residents 12 plus. When we first began Sycamore Project in the beginning of July only 38.8% of the population was vaccinated. Since june the gap has narrowed in the Sycamore tract by 11%. Since we began the Thursday night vaccine clinics the Cielo Market location has become an established part of the community and has seen the largest number of referrals. The weekday clinic at Cielo Market is just one example of how increased awareness among low income and other marginalized communities, building a mobile vaccination model, positioning vaccination teams at workplaces marketplaces and other high traffic community Covid 19 Report 10-05-21 settings brings great results. We have seen excellent results from this work through partnerships with local religious leaders, prominent community leaders and local businesses. Dr. Ori Tsvieli, Deputy Public Health Officer Currently CCHS is offering booster shot appointments for people who are eligible and who have completed two doses of the Pfizer vaccine series at least six months ago. We are expecting the FDA to meet on October 14th or 15th to make decisions about boosters for people who have received Moderna or Johnson & Johnson, but for now the only ones who are eligible and are accepting for boosters are people who got two doses of the Pfizer vaccines. Two groups, those who are recommended who should get the booster and those who may consider. Everyone over the age of 65 or that lives in a long term care setting should get the booster shot. Everyone who is over 50 and have underlying medical health conditions that put them at higher risk for serious illness if they're infected and people who are 50 and older who are at increased risk of severe Covid due to social inequities including those from communities of color. California Department of Public Health (CDPH) also says that people age 18 through 49 who have underlying medical conditions and those aged 18 through 64 who are at increased risk of exposure to Covid-19 due to their occupation or institutional or living in an institutional setting should get a booster shot. At this time, you must schedule appointments for booster shots through Contra Costa Health Services. We are not accepting walk ins without an appointment - but we have many appointments available. Go to myturn.ca.gov you for access to our sites, it can get access to pharmacy, Kaiser, John Muir and community clinic sites. There is no vaccine scarcity and appointments are plentiful. There are many choices of locations. Boosters are currently not available for people who had J & J or Moderna vaccines although we are expecting to hear more on that in the middle of the month. People who are immunocompromised who got Moderna for the first two doses may receive a third dose of Moderna vaccine. To save lives and prevent our hospitals from being overwhelmed and to keep businesses and schools open, Contra Costa Health Services issued an order which went into effect last month which required proof of negative Covid test or vaccination. These businesses have increased risk of spread because it is where people remove their face covering to eat or drink or they breathe heavily because of physical exertion. Workers of these businesses must provide proof of these vaccinations or negative testing. Vaccine is our number 1 tool to protect against serious illness or hospitalization or death from Covid-19. We encourage every resident over the age of 12 to get a safe and effective vaccine today. Contra Costa is working in coordination with other counties in the region who have an indoor masking order to establish a criteria for these counties to ease some of these restrictions. We expect to announce something with details by the end of this week. The criteria will include a combination of the rates of the local community vaccination rates, rates of Covid in the community and the number of people in the hospitals in the community. Especially early in the pandemic but even more recently than that, some people have been leery of going in the clinics and getting the preventive checkups. That makes a huge difference, getting the mammogram, colon screening, pap smear, making sure your blood pressure is under control, cholesterol is under control. Those are very important things and we don't want to neglect that still the number 1 killer in our community is heart disease, cardiovascular disease, and there are things we can do for all those things. If you haven't been for your checkup please come in. This is a good time to do that. Covid 19 Report 10-05-21 All of the health care facilities are really strict, they have been wearing masks, we have not seen transmission in the health care facilities, you can be safe to go there and get your medical needs met. CCHS is recommending flu shots and they are available at many health care providers and pharmacies. A person can get the Covid-19 vaccine and the flu vaccine at the same time. The CDC has weighed into it and there is good data showing it is safe so we do recommend the flu shot. The mobile teams are still available for homebound individuals and will provide the booster vaccine for those that are eligible. They are not at this time offering the flu vaccine, only the Covid-19 shots. If someone comes into one of thefixed sites and there is enough of a flu vaccine supply, which there is right now, then we will offer people a flu vaccine along with a Covid vaccine. It should be noted that I really do want to emphasize that pregnant women are at increased risk from hospitalization from Covid-19, but also from the flu and are encouraged to the flu vaccine. RECOMMENDATION(S): HEARING to consider adopting Traffic Resolution No. 2021/4506 approving and authorizing an 18-month temporary overnight road closure of Carquinez Scenic Drive (Road No. 2191B) between the city limits of Martinez and extending westerly to McEwen Road (Road No. 2784), daily from sunset to sunrise the following day, beginning October 5, 2021, and ending March 31, 2023, to prevent illegal and criminal activity, as recommended by the Public Works Director, Martinez area. (District V) FISCAL IMPACT: No fiscal impact. BACKGROUND: Due to landslides in the early 1980s, the Board of Supervisors approved the closure of Carquinez Scenic Drive, between the Ozol Fuel Facility (owned by the United States of America) and the Contra Costa Brick Works Plant 9 (former property of TXI Operations and recently purchased by the East Bay Regional Park District). In 2004, the Board of Supervisors subsequently approved the temporary overnight closure of Carquinez Scenic Drive, from the the Martinez City Limit to the Ozol Fuel Facility, to prevent ongoing criminal and illegal activities on that portion of the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS 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: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: D.5 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:October 5, 2021 Contra Costa County Subject:HEARING to consider adopting Traffic Resolution No. 2021/4506 for an 18-month temporary overnight road closure of Carquinez Scenic Dr., Martinez area. BACKGROUND: (CONT'D) roadway. That temporary road closure has expired, and the East Bay Regional Park District has requested the reinstatement of the overnight road closure. Therefore, the County Public Works Department, Sheriff’s Office and the California Highway Patrol support continuing to prohibit overnight traffic along this section of Carquinez Scenic Drive. Public Works Department staff has determined that Carquinez Scenic Drive has not been designated as a through highway or arterial street, the overnight closure will not impact traffic flow or safety on the adjacent streets or in the surrounding neighborhoods, the operation of emergency vehicles, the performance of municipal or public utility services to, or the delivery of freight by commercial vehicles in the area of that section of roadway. Public Works Department staff has mailed notices of this hearing to the residents and owners, as shown on the last equalized assessment roll, of properties adjacent to the section of Carquinez Scenic Drive affected by this temporary overnight closure. Therefore, the Public Works Department recommends that the Board of Supervisors adopt the traffic resolution allowing the overnight closure of this roadway. CONSEQUENCE OF NEGATIVE ACTION: Carquinez Scenic Drive would remain open overnight, allowing serious and continual criminal activities to occur along this segment of roadway. CLERK'S ADDENDUM Speakers: no name given. AGENDA ATTACHMENTS Traffic Resolution 2021/4506 Letter from EBRPD Letter from CHP Letter from Sheriff's Dept. Notices to Owners MINUTES ATTACHMENTS Signed Resolution No. 2021/293 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Traffic Resolution on October 5, 2021 by the following vote: AYES: NOES: ABSENT: ABSTAIN: TRAFFIC RESOLUTION NO. 2021/4506 Supervisorial District V SUBJECT: ADOPT Traffic Resolution No. 2021/4506 for an 18-month temporary overnight closure of Carquinez Scenic Drive (Road No. 2191B) between the city limits of Martinez and extending westerly to McEwen Road (Road No. 2784), to prevent illegal and criminal activity, as recommended by the Public Works Director, Martinez area. (District V) WHEREAS, the eastern portion of Carquinez Scenic Drive, which begins at the city limits of Martinez and extends westerly to McEwen Road, and has experienced serious and ongoing criminal activity between sunset and sunrise the following day; WHEREAS, the East Bay Regional Park District has requested the closure of the western portion of Carquinez Scenic Drive; WHEREAS, because vehicle traffic contributes to that criminal activity, the County Sheriff’s Department and California Highway Patrol, and Public Works Department staff also recommend closure of Carquinez Scenic Drive; WHEREAS, Public Works Department staff determined that: Carquinez Scenic Drive has not been designated as a through highway or arterial street; the overnight closure of Carquinez Scenic Drive will not impact traffic flow, safety on the adjacent streets or in the surrounding neighborhoods, the operation of emergency vehicles, the performance of municipal or public utility services to, or the delivery of freight by commercial vehicles in the area of Carquinez Scenic Drive; and WHEREAS, a public hearing has been held on this proposed closure of Carquinez Scenic Drive, notice of which was mailed to the residents and owners, as shown on the last equalized assessment roll, of property adjacent to that portion of roadway. NOW, THEREFORE, BE IT RESOLVED THAT, pursuant to Vehicle Code section 21101.4, subdivision (a), the Board of Supervisors of the County of Contra Costa: 1. FINDS as follows: A. Based on the recommendation of the County Sheriff’s Department and California Highway Patrol, there is serious and continual criminal activity occurring overnight on Carquinez Scenic Drive (Road No. 2191B), between the city limits of Martinez and extending westerly to McEwen Road (Road No. 2784). B. The above-described section of Carquinez Scenic Drive has not been designated as a through highway or arterial street; C. Vehicle traffic contributes to the overnight criminal activity on the above- described section of Carquinez Scenic Drive; D. The closure of the above-described section of Carquinez Scenic Drive will not impact traffic flow, safety on the adjacent streets or in the surrounding neighborhoods, the operation of emergency vehicles, the performance of municipal or public utility services to, or the delivery of freight by commercial vehicles in the area of that section of roadway. 2. ADOPT Traffic Resolution No. 2021/4506 for an 18-month temporary overnight closure of Carquinez Scenic Drive (Road No. 2191B) between the city limits of Martinez and extending westerly to McEwen Road (Road No. 2784), to prevent illegal and criminal activity. MO:sr Orig. Dept: Public Works (Traffic) Contact: Monish Sen, 313-2187 cc: California Highway Patrol Sheriff Department TRAFFIC RESOLUTION NO. 2021/4506 I hereby certify that this is 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): 1. OPEN the hearing on the proposed formation of Zone 214 within County Service Area P-6; CONSIDER all oral and written comments; and CLOSE the hearing. 2. DETERMINE whether a majority protest of the voters residing within the boundaries of proposed Zone 214 exists pursuant to Government Code Section 25217.1(b)(1). In the event that the Board determines a majority protest exists, TERMINATE the proceedings. 3. If the Board determines a majority protest does not exist, ADOPT Resolution No. 2021/306, attached hereto, establishing Zone 214 of County Service Area P-6 subject to voter approval of a special tax to fund police protection services within the zone. FISCAL IMPACT: The cost of establishing the Police Service District and the election is paid for by the developer of the subdivision. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Jennifer Cruz, (925) 655-2867 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Rosa Mena D.6 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:October 5, 2021 Contra Costa County Subject:HEARING TO CONSIDER THE PROPOSED FORMATION OF ZONE 214 IN THE COUNTY SERVICE AREA OF P-6 IN THE BAY POINT AREA OF THE COUNTY (DISTRICT V) BACKGROUND: Per the conditions of approval for Subdivision No. 9467 (County File #SD17-9467), prior to recording the final map for the subdivision, the subdivider is required to establish a special police services tax district for the subdivision in order to provide additional funding to augment police services in the area of the subdivision. The property to be placed within the special tax district consists of a 0.62-acre site located at 255 N Bella Monte Avenue in the Bay Point area of the County. On September 7, 2021, the Board granted conceptual approval for a December 7, 2021, ballot measure seeking approval of a special tax to fund an increase in the level of police protection services that is provided in the Bay Point area of the County. On September 7, 2021, the Board approved Resolution No. 2021/269, as required by Government Code Section 25217, subdivision (b), as the first step in forming a new zone within County Service Area (CSA) P-6. The proposed zone would serve as the vehicle to collect special taxes within the proposed zone if a special tax measure is approved by voters on December 7, 2021. Pursuant to Government Code Section 25217.1, subdivision (a), at the public hearing, the Board is required to hear and consider any protests to the formation of the zone. Pursuant to Government Code Section 25217.1, subdivision (b)(1), in the case of inhabited territory, if at the conclusion of the public hearing, the Board determines that more than 50 percent of the total number of voters residing within the proposed zone have filed written objections to the formation, then the Board shall determine that a majority protest exists and terminate the proceedings. If there is no majority protest, the Board may continue the proceedings to form the zone by adopting Resolution No. 2021/306, which would establish Zone 214 subject to voter approval of the special tax. A separate hearing is also scheduled for October 5, 2021, to consider the adoption of an ordinance authorizing the levy of the tax. CONSEQUENCE OF NEGATIVE ACTION: Zone 214 would not be formed and the subdivider would be unable to comply with the conditions of approval of the project. The subdivider would be unable to record the final map for the subdivision. AGENDA ATTACHMENTS Resolution 2021/306 Exhibit A - Legal Description Exhibit B - Plat Map Resolution No. 2021/269 MINUTES ATTACHMENTS Signed Resolution No. 2021/306 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 10/05/2021 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/306 IN THE MATTER OF CREATING ZONE 214 OF COUNTY SERVICE AREA P-6 IN THE BAY POINT AREA OF THE COUNTY WHEREAS, this Board recognizes the need for increased police protection services in the above subject zone and the difficulty of funding the current or an increased level of services; and WHEREAS, establishing the subject zone is a necessary step for the Board of Supervisors to seek voter approval of a special tax for increased police protection services in the zone area. Government Code Sections 25217 and 25217.1 establish procedures for the formation of a zone within a county service area; NOW, THEREFORE, BE IT BY THE BOARD RESOLVED THAT: 1. It is in the public interest to provide an increased level of police protection services in the area of proposed Zone 214 of County Service Area P-6. 2. A majority protest against the proposed formation of Zone 214 does not exist, pursuant to Government Code Section 25217.1, subdivision (b). 3. Subject to voter approval of Ordinance No. 2021-29 on December 7, 2021, authorizing the levy of a special tax within proposed Zone 214, that portion of Contra Costa County Service Area P-6 described in Exhibit A attached hereto and shown in Exhibit B attached hereto is established as Zone 214 of County Service Area P-6, effective upon this Board’s adoption of a resolution declaring the results of the December 7, 2021, election (“Effective Date”). 4. No affected properties located in Zone 214 will be taxed for any existing bonded indebtedness or contractual obligations as a result of the formation of said zone. 5. On or after the Effective Date, the Clerk of this Board shall cause the filing of a statement of the creation of said zone to be made with the County Assessor and the State Board of Equalization (in Sacramento) pursuant to Government Code Sections 54900-54902. The filing shall include a map or plat indicating the boundaries of said zone. Contact: Jennifer Cruz, (925) 655-2867 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Rosa Mena THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 09/07/2021 by the following vote: AYE: NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/269 RESOLUTION OF INTENTION TO FORM ZONE 214 OF COUNTY SERVICE AREA P-6 IN THE BAY POINT AREA The Board of Supervisors of Contra Costa County RESOLVES: 1. The Board of Supervisors of Contra Costa County proposes the formation of new zone in the Bay Point area of County Service Area (CSA) P-6, pursuant to Article 8 of Chapter 2.3 of Part 2 of Division 2 of Title 3 of the California Government Code. 2. The boundaries of the territory to be included in the zone area are described in 'Exhibit A' and shown in 'Exhibit B', both of which are attached hereto and incorporated herein by this reference. 3. The formation of Zone 214 is proposed to provide the County of Contra Costa with a method of financing an increased level of police protection services to the area within the zone. 4. The proposed zone would provide a level of police protection services that exceeds the level of service outside the zone, and if approved by the voters, the proposed zone would generate additional revenue in the form of special taxes to fund the increase in this level of service. 5. The increase in the level of service would be financed through the levy of a voter-approved special tax on all taxable parcels within the zone. 6. The name proposed for the zone is "Zone 214" of CSA P-6. NOW, THEREFORE, BE IT RESOLVED THAT at 9:00 a.m. on October 5, 2021, in the Chamber of the Board of Supervisors, County Administration Building, 1025 Escobar Street, Martinez, CA 94553, this Board will conduct a public hearing upon the proposed formation of Zone 214 of CSA P-6. The Clerk of the Board is hereby directed to give notice of the public hearing by (1) publishing a notice that complies with Government Code Section 25217, subdivision (d)(1), pursuant to Government Code Section 6061; (2) mailing the notice to all owners of property within the proposed zone; (3) mailing the notice to each city and special district that contains, or whose sphere of influence contains the proposed zone; and (4) verifying that the notice is posted in at least three public places within the territory of the proposed zone. Contact: Jennifer Cruz, (925) 655-2867 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 7, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: RECOMMENDATION(S): 1. OPEN hearing to consider adopting Ordinance No. 2021-29, authorizing the levy of a special tax for police protection services in Zone 214 of County Service area P-6 in the Bay Point area of the County; CONSIDER oral and written comments received; and CLOSE the public hearing. 2. ADOPT Ordinance No. 2021-29, attached hereto. 3. ADOPT Resolution No. 2021/307, attached hereto, authorizing an election in Zone 214 of County Service Area P-6 to consider approval of Ordinance No. 2021-29. 4. DIRECT the County Clerk, Elections Division, to conduct the election required by Government Code Sections 23027 and 53978. This election shall be held on December 7, 2021. FISCAL IMPACT: The cost of establishing the Police Service District and election is paid for by the developer of the subdivision. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Jennifer Cruz, (925) 655-2867 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Rosa Mena D.7 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:October 5, 2021 Contra Costa County Subject:HEARING TO CONSIDER ADOPTION OF PROPOSED SPECIAL TAX ORDINANCE AND AUTHORIZE ELECTION TO OBTAIN VOTER APPROVAL (DISTRICT V) BACKGROUND: Per the conditions of approval for Subdivision No. 9467 (County File #SD17-9467), prior to recording the final map for the subdivision, the subdivider is required to establish a special Police Services tax district for the purposes of providing additional funding to augment police services in the area of the subdivision. The property to be subdivided and placed within the proposed special tax district consists of a 0.62-acre site located at 255 N Bella Avenue in the Bay Point area of the County. On September 7, 2021, the Board approved Resolution No. 2021/269, as required by Government Code Section 25217, subdivision (b), as the first step in forming a new zone within County Service Area (CSA) P-6 in the Bay Point area of the County. The proposed zone would serve as the vehicle to collect special taxes within the boundaries of the zone if a special tax measure is approved by registered voters within the zone area at the December 7, 2021, election. The Board is scheduled to conduct a separate hearing on December 7, 2021, on the formation of the proposed zone. If the Board determines there is no majority protest to the formation of this new zone, and if the Board adopts Resolution No. 2021/306, establishing CSA P-6, Zone 214 subject to voter approval of the special tax, the next step in the process is the hearing on the adoption of a special tax ordinance, the adoption of that ordinance and adoption of a resolution submitting the tax measure to the voters. In this action, the Board is asked to conduct the hearing on, and adopt, the special tax ordinance (Ordinance No. 2021-29), which would authorize the levy of a special tax for police protection services on all taxable parcels in the area of Zone 214 if a special tax ballot measure is approved by a two-thirds majority of the registered voters in the zone area. Resolution No. 2021/307, the adoption of which is also recommended, sets forth appropriate ballot language, directs the County Clerk, Elections Division, to conduct the aforementioned election as part of the December 7, 2021, election, and supplies appropriate ballot language. CONSEQUENCE OF NEGATIVE ACTION: The project developer would be unable to comply with the conditions of approval for the project. The developer would be unable to record the final map for the subdivision. AGENDA ATTACHMENTS Resolution 2021/307 Exhibit A - Legal Description Exhibit B - Plat Map Exhibit C - Ordinance No. 2021-29 Resolution No. 2021/269 MINUTES ATTACHMENTS Signed Resolution No. 2021/307 Signed Ordinance 2021-29 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 10/05/2021 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/307 IN THE MATTER OF AUTHORIZING A SPECIAL TAX IN PROPOSED ZONE 214 OF COUNTY SERVICE AREA P-6 WHEREAS, this Board recognizes the need for increased police protection services in the above subject zone and the difficulty of funding the current or an increased level of services. Government Code Sections 50077 and 53978 establish procedures for voter authorization of a special tax in order to provide additional funding for police protection; NOW, THEREFORE, BE IT RESOLVED THAT: 1. Ordinance No. 2021-29, adopted on this date, is to be presented for approval of the voters of proposed Zone 214 of County Service Area P-6 at the election to be held on December 7, 2021, according to the following ballot proposition: “Shall Ordinance No. 2021-29, to provide additional funding for police protection services, be approved to authorize a special tax on property located in Zone 214 of County Service Area P-6 in the Bay Point area of the County, at an initial annual amount of $200 per parcel for single-family, residential parcels, with higher and lower amounts for properties in other use categories identified in the ordinance, commencing with the tax year beginning July 1, 2022?" 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 hold 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 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: Jennifer Cruz, (925) 655-2867 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Rosa Mena Ordinance No. 2021-29 1 ORDINANCE NO. 2021-29 (Uncodified) (An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone 214 of County Service Area P-6 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 214 of Contra Costa County Service Area No. P-6 in order to augment funding for police protection services. 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 the 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 the Ordinance, “parcel” does not include any land or improvements outside the boundaries of Zone 214 of County Service Area P-6 nor any land or improvements owned by any governmental entity. 2. “Fiscal year” means the period of July 1 through the following June 30. 3. Contra Costa County Service Area P-6 Zone 214 (hereinafter called “Zone”) means that portion of unincorporated area of Contra Costa County located within the Zone’s boundaries described and shown in Exhibits A and B attached hereto. 4. “Use Code” means the code number assigned by the Assessor of Contra Costa County in order to classify parcels according to use for ad valorem property tax purposes. A copy Ordinance No. 2021-29 2 of the Assessor’s use code classifications chart is attached hereto as Exhibit C and incorporated herein. 5. “Consumer Price Index” means the Consumer Price Index for all Urban Consumers (CPI-U) for the San Francisco-Oakland-San Jose Area (1982-84=100) as published by the U.S. Department of Labor, Bureau of Labor Statistics. If the Consumer Price Index is discontinued or revised, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Consumer Price Index had not been discontinued of revised. 6. “Constant first year dollars” shall mean an actual dollar amount which, in years subsequent to the first fiscal year the tax is levied, shall have the same purchasing power as the base amount in first fiscal year dollars as measured by the Consumer Price Index. The base amount shall be the amount of tax per parcel as specified in Article III 1A herein. The adjustment from actual to constant dollars shall be made by use of the Consumer Price Index, as specified in Section III 1B herein. ARTICLE III. AMOUNT AND LEVEL OF TAXES 1. The tax per year on each parcel in the Zone shall not exceed the amount applicable to the parcel as specified below. A. For First Fiscal Year: The tax per year for the first fiscal year (July 1, 2022 through June 30, 2023) shall be the Amount of Tax per Parcel for the Property Use Code Category as set forth in Exhibit D incorporated herein. B. For Subsequent Fiscal Years: In order to keep the tax on each parcel in constant first year dollars for each fiscal year subsequent to the first fiscal year, the tax per year shall by adjusted as set forth below to reflect any increase in the Consumer Price Index beyond the first fiscal year a tax is levied. In July, the Board of Supervisors of Contra Costa County shall determine the amount of taxes to be levied upon the parcels in the Zone for the then current fiscal year as set forth below. For each Property Use Category on Exhibit C, the tax per year on each parcel for each fiscal year subsequent to the first fiscal year shall be an amount determined as follows: Tax Per Parcel Tax Per Parcel (Consumer Price Index For Then Current = For Previous X for April of Immediately Fiscal Year Fiscal Year Preceding Fiscal Year) (Consumer Price Index For the first Fiscal Year Of Levy) Ordinance No. 2021-29 3 In no event shall the tax per parcel for any fiscal year be less than the amount established for the first fiscal year. 2. The taxes levied on each parcel pursuant to this Article shall be a charge upon the parcel and shall be due and collectible as set forth in Article IV, below. A complete listing of the amount of taxes on each Zone shall be maintained by the Sheriff-Coroner of the County of Contra Costa at Martinez, California, and be available for public inspection during the remainder of the fiscal year for which such taxes are levied. ARTICLE IV. COLLECTION AND ADMINISTRATION. 1. Taxes as Liens Against the Property. The amount of taxes for each parcel each year shall constitute a lien on such property, in accordance with Revenue and Taxation Code section 2187, and shall have the same effect as an ad valorem real property tax lien until fully paid. 2. Collection. The taxes on each parcel shall be billed on the secured roll tax bills for ad valorem property taxes and shall be due the County of Contra Costa. Insofar as feasible and insofar as not inconsistent with this Ordinance, the taxes are to be collected in the same manner in which the County collects secured roll ad valorem property taxes. Insofar as feasible and insofar as not inconsistent with the Ordinance, the times and procedure regarding exemptions, due dates, installment payments, corrections, cancellations, refunds, late payments, penalties, liens, and collection 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 homeowner and veterans exemptions shall not be applicable because such exemptions are determined by dollar amount 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. Ordinance No. 2021-29 4 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 V. 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 of the Zone hereby declare that they would have adopted the remainder of the 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 VI. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its confirmation by two-thirds of the voters voting within Zone 214 in an election to be held on December 7, 2021, so that taxes shall first be collected hereunder for the tax year beginning July 1, 2022. Within 15 days of passage, this Ordinance shall be published once, with the names of the Supervisors voting for and against it, in the Contra Costa Times, a newspaper of general circulation published in this County. PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, on October 5, 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] ORDINANCE NO. 2021-29 ZONE 214 FOR FISCAL YEAR JULY 1, 2022, THROUGH JUNE 30, 2023 EXHIBIT D PROPERTY USE ANNUAL TAX CODE CATEGORY EXPLANATION PER PARCEL 11 Single Family Residence – 1 residence, 1 site $200 12 Single Family Residence- 1 residence, 2 or more sites $200 13 Single Family Residence- 2 residences on 1 or more sites $200 14 Single Family Residence – other than single family land $200 15 Misc. Improvements – 1 site $200 16 Misc. Improvements – 2 or more sites $200 17 Vacant – 1 site $100 18 Vacant – 2 or more sites $100 19 Single Family Residence - Det. w/common area $200 20 Vacant – Multiple $100 21 Duplex $200 22 Triplex $200 23 Fourplex $200 24 Combination $200 25 Apartments (5-12 units) $400 26 Apartments (13-24 units) $400 27 Apartments (25-59 units) $600 28 Apartments (60+ units) $800 29 Attached PUDs: Cluster Homes, Condos, Etc. $200 30 Vacant – Commercial $100 31 Commercial Stores – Not Supermarkets $600 32 Small Grocery Stores (7-11, etc.) $600 33 Office Buildings $400 34 Medical, Dental $400 35 Service Stations, Car Wash $400 36 Garages $400 37 Community Facilities (recreational, etc.) $800 38 Golf Courses $400 39 Bowling Alleys $400 40 Boat Harbors $400 41 Supermarkets (not shopping centers) $600 42 Shopping Centers $800 43 Financial Buildings (Ins., Title, Banks, S&L) $400 44 Motels, Hotels & Mobile Home Parks $600 45 Theaters $600 46 Drive-In Theaters $400 47 Restaurants (not drive-in) $400 48 Multiple & Commercial $400 49 New Car Agencies $400 50 Vacant Land (not part of Ind. Park or P. & D.) $100 51 Industrial Park $800 52 Research & Development $400 53 Light Industrial $400 54 Heavy Industrial $400 55 Mini Warehouses (public storage) $600 56 Misc. Improvements $400 61 Rural, Res. Improvement 1A-10A $200 62 Rural, W/or w/o Structure 1A-10A $200 70 Convalescent Hospitals/Rest Homes $400 73 Hospitals $400 74 Cemeteries/Mortuaries $400 75 Fraternal & Service Organizations $400 76 Retirement Housing Complex $600 78 Parks & Playgrounds $800 85 Public & Private Parking $400 87 Common Area $400 88 Mobile Homes $200 89 Other (split parcels in different tax code areas) $200 99 Awaiting Assignment $200 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 09/07/2021 by the following vote: AYE: NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/269 RESOLUTION OF INTENTION TO FORM ZONE 214 OF COUNTY SERVICE AREA P-6 IN THE BAY POINT AREA The Board of Supervisors of Contra Costa County RESOLVES: 1. The Board of Supervisors of Contra Costa County proposes the formation of new zone in the Bay Point area of County Service Area (CSA) P-6, pursuant to Article 8 of Chapter 2.3 of Part 2 of Division 2 of Title 3 of the California Government Code. 2. The boundaries of the territory to be included in the zone area are described in 'Exhibit A' and shown in 'Exhibit B', both of which are attached hereto and incorporated herein by this reference. 3. The formation of Zone 214 is proposed to provide the County of Contra Costa with a method of financing an increased level of police protection services to the area within the zone. 4. The proposed zone would provide a level of police protection services that exceeds the level of service outside the zone, and if approved by the voters, the proposed zone would generate additional revenue in the form of special taxes to fund the increase in this level of service. 5. The increase in the level of service would be financed through the levy of a voter-approved special tax on all taxable parcels within the zone. 6. The name proposed for the zone is "Zone 214" of CSA P-6. NOW, THEREFORE, BE IT RESOLVED THAT at 9:00 a.m. on October 5, 2021, in the Chamber of the Board of Supervisors, County Administration Building, 1025 Escobar Street, Martinez, CA 94553, this Board will conduct a public hearing upon the proposed formation of Zone 214 of CSA P-6. The Clerk of the Board is hereby directed to give notice of the public hearing by (1) publishing a notice that complies with Government Code Section 25217, subdivision (d)(1), pursuant to Government Code Section 6061; (2) mailing the notice to all owners of property within the proposed zone; (3) mailing the notice to each city and special district that contains, or whose sphere of influence contains the proposed zone; and (4) verifying that the notice is posted in at least three public places within the territory of the proposed zone. Contact: Jennifer Cruz, (925) 655-2867 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 7, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: RECOMMENDATION(S): 1. OPEN the hearing on the proposed formation of Zone 1517 within County Service Area P-6; CONSIDER all oral and written comments; and CLOSE the hearing. 2. DETERMINE whether a majority protest of the voters residing within the boundaries of proposed Zone 1517 exists pursuant to Government Code Section 25217.1(b)(1). In the event that the Board determines a majority protest exists, TERMINATE the proceedings. 3. If the Board determines a majority protest does not exist, ADOPT Resolution No. 2021/309, attached hereto, establishing Zone 1517 of County Service Area P-6 subject to voter approval of a special tax to fund police protection services within the zone. FISCAL IMPACT: The cost of establishing the Police Service District and the election is paid for by the developer of the subdivision. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Jennifer Cruz, (925) 655-2867 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Rosa Mena D.8 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:October 5, 2021 Contra Costa County Subject:HEARING TO CONSIDER THE PROPOSED FORMATION OF ZONE 1517 IN THE COUNTY SERVICE AREA OF P-6 IN THE WALNUT CREEK AREA OF THE COUNTY (DISTRICT II) BACKGROUND: Per the conditions of approval for Subdivision No. 9547 (County File #SD20-9547), prior to recording the final map for the subdivision, the subdivider is required to establish a special police services tax district for the subdivision in order to provide additional funding to augment police services in the area of the subdivision. The property to be placed within the special tax district consists of a 0.98-acre site located at 2424 Olympic Boulevard in the unincorporated Walnut Creek area of the County. On September 7, 2021, the Board granted conceptual approval for a December 7, 2021, ballot measure seeking approval of a special tax to fund an increase in the level of police protection services that is provided in the unincorporated Walnut Creek area of the County. On September 7, 2021, the Board approved Resolution No. 2021/270, as required by Government Code Section 25217, subdivision (b), as the first step in forming a new zone within County Service Area (CSA) P-6. The proposed zone would serve as the vehicle to collect special taxes within the proposed zone if a special tax measure is approved by voters on December 7, 2021. Pursuant to Government Code Section 25217.1, subdivision (a), at the public hearing, the Board is required to hear and consider any protests to the formation of the zone. Pursuant to Government Code Section 25217.1, subdivision (b)(1), in the case of inhabited territory, if at the conclusion of the public hearing, the Board determines that more than 50 percent of the total number of voters residing within the proposed zone have filed written objections to the formation, then the Board shall determine that a majority protest exists and terminate the proceedings. If there is no majority protest, the Board may continue the proceedings to form the zone by adopting Resolution No. 2021/309, which would establish Zone 1517 subject to voter approval of the special tax. A separate hearing is also scheduled for October 5, 2021, to consider the adoption of an ordinance authorizing the levy of the tax. CONSEQUENCE OF NEGATIVE ACTION: Zone 1517 would not be formed and the subdivider would be unable to comply with the conditions of approval of the project. The subdivider would be unable to record the final map for the subdivision. AGENDA ATTACHMENTS Resolution 2021/309 Exhibit A - Legal Description Exhibit B - Plat Map Resolution No. 2021/270 MINUTES ATTACHMENTS Signed Resolution No. 2021/309 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 10/05/2021 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/309 IN THE MATTER OF CREATING ZONE 1517 OF COUNTY SERVICE AREA P-6 IN THE UNINCORPORATED WALNUT CREEK AREA OF THE COUNTY WHEREAS, this Board recognizes the need for increased police protection services in the above subject zone and the difficulty of funding the current or an increased level of services; and WHEREAS, establishing the subject zone is a necessary step for the Board of Supervisors to seek voter approval of a special tax for increased police protection services in the zone area. Government Code Sections 25217 and 25217.1 establish procedures for the formation of a zone within a county service area; NOW, THEREFORE, BE IT BY THE BOARD RESOLVED THAT: 1. It is in the public interest to provide an increased level of police protection services in the area of proposed Zone 1517 of County Service Area P-6. 2. A majority protest against the proposed formation of Zone 1517 does not exist, pursuant to Government Code Section 25217.1, subdivision (b). 3. Subject to voter approval of Ordinance No. 2021-30 on December 7, 2021, authorizing the levy of a special tax within proposed Zone 1517, that portion of Contra Costa County Service Area P-6 described in Exhibit A attached hereto and shown in Exhibit B attached hereto is established as Zone 1517 of County Service Area P-6, effective upon this Board’s adoption of a resolution declaring the results of the December 7, 2021, election (“Effective Date”). 4. No affected properties located in Zone 1517 will be taxed for any existing bonded indebtedness or contractual obligations as a result of the formation of said zone. 5. On or after the Effective Date, the Clerk of this Board shall cause the filing of a statement of the creation of said zone to be made with the County Assessor and the State Board of Equalization (in Sacramento) pursuant to Government Code Sections 54900-54902. The filing shall include a map or plat indicating the boundaries of said zone. Contact: Jennifer Cruz, (925) 655-2867 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Rosa Mena THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 09/07/2021 by the following vote: AYE: NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/270 RESOLUTION OF INTENTION TO FORM ZONE 1517 OF COUNTY SERVICE AREA P-6 IN THE UNINCORPORATED WALNUT CREEK AREA The Board of Supervisors of Contra Costa County RESOLVES: 1. The Board of Supervisors of Contra Costa County proposes the formation of new zone in the Bay Point area of County Service Area (CSA) P-6, pursuant to Article 8 of Chapter 2.3 of Part 2 of Division 2 of Title 3 of the California Government Code. 2. The boundaries of the territory to be included in the zone area are described in 'Exhibit A' and shown in 'Exhibit B', both of which are attached hereto and incorporated herein by this reference. 3. The formation of Zone 1517 is proposed to provide the County of Contra Costa with a method of financing an increased level of police protection services to the area within the zone. 4. The proposed zone would provide a level of police protection services that exceeds the level of service outside the zone, and if approved by the voters, the proposed zone would generate additional revenue in the form of special taxes to fund the increase in this level of service. 5. The increase in the level of service would be financed through the levy of a voter-approved special tax on all taxable parcels within the zone. 6. The name proposed for the zone is "Zone 1517" of CSA P-6. NOW, THEREFORE, BE IT RESOLVED THAT at 9:00 a.m. on October 5, 2021, in the Chamber of the Board of Supervisors, County Administration Building, 1025 Escobar Street, Martinez, CA 94553, this Board will conduct a public hearing upon the proposed formation of Zone 1517 of CSA P-6. The Clerk of the Board is hereby directed to give notice of the public hearing by (1) publishing a notice that complies with Government Code Section 25217, subdivision (d)(1), pursuant to Government Code Section 6061; (2) mailing the notice to all owners of property within the proposed zone; (3) mailing the notice to each city and special district that contains, or whose sphere of influence contains the proposed zone; and (4) verifying that the notice is posted in at least three public places within the territory of the proposed zone. Contact: Jennifer Cruz, (925) 655-2867 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 7, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: RECOMMENDATION(S): 1. OPEN hearing to consider adopting Ordinance No. 2021-30, authorizing the levy of a special tax for police protection services in Zone 1517 of County Service area P-6 in the unincorporated Walnut Creek area of the County; CONSIDER oral and written comments received; and CLOSE the public hearing. 2. ADOPT Ordinance No. 2021-30, attached hereto. 3. ADOPT Resolution No. 2021/310, attached hereto, authorizing an election in Zone 1517 of County Service Area P-6 to consider approval of Ordinance No. 2021-30. 4. DIRECT the County Clerk, Elections Division, to conduct the election required by Government Code Sections 23027 and 53978. This election shall be held on December 7, 2021. FISCAL IMPACT: The cost of establishing the Police Service District and election is paid for by the developer of the subdivision. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Jennifer Cruz, (925) 655-2867 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Rosa Mena D.9 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:October 5, 2021 Contra Costa County Subject:HEARING TO CONSIDER ADOPTION OF PROPOSED SPECIAL TAX ORDINANCE AND AUTHORIZE ELECTION TO OBTAIN VOTER APPROVAL (DISTRICT II) BACKGROUND: Per the conditions of approval for Subdivision No. 9547 (County File #SD20-9547), prior to recording the final map for the subdivision, the subdivider is required to establish a special Police Services tax district for the purposes of providing additional funding to augment police services in the area of the subdivision. The property to be subdivided and placed within the proposed special tax district consists of a 0.98-acre site located at 2424 Olympic Boulevard in the unincorporated Walnut Creek area of the County. On September 7. 2021, the Board approved Resolution No. 2021/270, as required by Government Code Section 25217, subdivision (b), as the first step in forming a new zone within County Service Area (CSA) P-6 in the unincorporated Walnut Creek area of the County. The proposed zone would serve as the vehicle to collect special taxes within the boundaries of the zone if a special tax measure is approved by registered voters within the zone area at the December 7, 2021, election. The Board is scheduled to conduct a separate hearing on October 5, 2021, on the formation of the proposed zone. If the Board determines there is no majority protest to the formation of this new zone, and if the Board adopts Resolution No. 2021/309, establishing CSA P-6, Zone 1517 subject to voter approval of the special tax, the next step in the process is the hearing on the adoption of a special tax ordinance, the adoption of that ordinance and adoption of a resolution submitting the tax measure to the voters. In this action, the Board is asked to conduct the hearing on, and adopt, the special tax ordinance (Ordinance No. 2021-30), which would authorize the levy of a special tax for police protection services on all taxable parcels in the area of Zone 1517 if a special tax ballot measure is approved by a two-thirds majority of the registered voters in the zone area. Resolution No. 2021/310, the adoption of which is also recommended, sets forth appropriate ballot language, directs the County Clerk, Elections Division, to conduct the aforementioned election as part of the December 7, 2021, election, and supplies appropriate ballot language. CONSEQUENCE OF NEGATIVE ACTION: The project developer would be unable to comply with the conditions of approval for the project. The developer would be unable to record the final map for the subdivision. AGENDA ATTACHMENTS Resolution 2021/310 Exhibit A - Legal Description Exhibit B - Plat Map Exhibit C - Ordinance No. 2021-30 Resolution No. 2021/270 MINUTES ATTACHMENTS Signed Resolution No. 2021/310 Signed Ordinance 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 10/05/2021 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/310 IN THE MATTER OF AUTHORIZING A SPECIAL TAX IN PROPOSED ZONE 1517 OF COUNTY SERVICE AREA P-6 WHEREAS, this Board recognizes the need for increased police protection services in the above subject zone and the difficulty of funding the current or an increased level of services. Government Code Sections 50077 and 53978 establish procedures for voter authorization of a special tax in order to provide additional funding for police protection; NOW, THEREFORE, BE IT RESOLVED THAT: 1. Ordinance No. 2021-30, adopted on this date, is to be presented for approval of the voters of proposed Zone 1517 of County Service Area P-6 at the election to be held on December 7, 2021, according to the following ballot proposition: “Shall Ordinance No. 2021-30, to provide additional funding for police protection services, be approved to authorize a special tax on property located in Zone 1517 of County Service Area P-6 in the unincorporated Walnut Creek area of the County, at an initial annual amount of $200 per parcel for single-family, residential parcels, with higher and lower amounts for properties in other use categories identified in the ordinance, commencing with the tax year beginning July 1, 2022?" 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 hold 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 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: Jennifer Cruz, (925) 655-2867 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Rosa Mena Ordinance No. 2021-30 1 ORDINANCE NO. 2021-30 (Uncodified) (An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone 1517 of County Service Area P-6 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 1517 of Contra Costa County Service Area No. P-6 in order to augment funding for police protection services. 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 the 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 the Ordinance, “parcel” does not include any land or improvements outside the boundaries of Zone 1517 of County Service Area P-6 nor any land or improvements owned by any governmental entity. 2. “Fiscal year” means the period of July 1 through the following June 30. 3. Contra Costa County Service Area P-6 Zone 1517 (hereinafter called “Zone”) means that portion of unincorporated area of Contra Costa County located within the Zone’s boundaries described and shown in Exhibits A and B attached hereto. 4. “Use Code” means the code number assigned by the Assessor of Contra Costa County in order to classify parcels according to use for ad valorem property tax purposes. A copy Ordinance No. 2021-30 2 of the Assessor’s use code classifications chart is attached hereto as Exhibit C and incorporated herein. 5. “Consumer Price Index” means the Consumer Price Index for all Urban Consumers (CPI-U) for the San Francisco-Oakland-San Jose Area (1982-84=100) as published by the U.S. Department of Labor, Bureau of Labor Statistics. If the Consumer Price Index is discontinued or revised, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Consumer Price Index had not been discontinued of revised. 6. “Constant first year dollars” shall mean an actual dollar amount which, in years subsequent to the first fiscal year the tax is levied, shall have the same purchasing power as the base amount in first fiscal year dollars as measured by the Consumer Price Index. The base amount shall be the amount of tax per parcel as specified in Article III 1A herein. The adjustment from actual to constant dollars shall be made by use of the Consumer Price Index, as specified in Section III 1B herein. ARTICLE III. AMOUNT AND LEVEL OF TAXES 1. The tax per year on each parcel in the Zone shall not exceed the amount applicable to the parcel as specified below. A. For First Fiscal Year: The tax per year for the first fiscal year (July 1, 2022 through June 30, 2023) shall be the Amount of Tax per Parcel for the Property Use Code Category as set forth in Exhibit D incorporated herein. B. For Subsequent Fiscal Years: In order to keep the tax on each parcel in constant first year dollars for each fiscal year subsequent to the first fiscal year, the tax per year shall by adjusted as set forth below to reflect any increase in the Consumer Price Index beyond the first fiscal year a tax is levied. In July, the Board of Supervisors of Contra Costa County shall determine the amount of taxes to be levied upon the parcels in the Zone for the then current fiscal year as set forth below. For each Property Use Category on Exhibit C, the tax per year on each parcel for each fiscal year subsequent to the first fiscal year shall be an amount determined as follows: Tax Per Parcel Tax Per Parcel (Consumer Price Index For Then Current = For Previous X for April of Immediately Fiscal Year Fiscal Year Preceding Fiscal Year) (Consumer Price Index For the first Fiscal Year Of Levy) Ordinance No. 2021-30 3 In no event shall the tax per parcel for any fiscal year be less than the amount established for the first fiscal year. 2. The taxes levied on each parcel pursuant to this Article shall be a charge upon the parcel and shall be due and collectible as set forth in Article IV, below. A complete listing of the amount of taxes on each Zone shall be maintained by the Sheriff-Coroner of the County of Contra Costa at Martinez, California, and be available for public inspection during the remainder of the fiscal year for which such taxes are levied. ARTICLE IV. COLLECTION AND ADMINISTRATION. 1. Taxes as Liens Against the Property. The amount of taxes for each parcel each year shall constitute a lien on such property, in accordance with Revenue and Taxation Code section 2187, and shall have the same effect as an ad valorem real property tax lien until fully paid. 2. Collection. The taxes on each parcel shall be billed on the secured roll tax bills for ad valorem property taxes and shall be due the County of Contra Costa. Insofar as feasible and insofar as not inconsistent with this Ordinance, the taxes are to be collected in the same manner in which the County collects secured roll ad valorem property taxes. Insofar as feasible and insofar as not inconsistent with the Ordinance, the times and procedure regarding exemptions, due dates, installment payments, corrections, cancellations, refunds, late payments, penalties, liens, and collection 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 homeowner and veterans exemptions shall not be applicable because such exemptions are determined by dollar amount 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. Ordinance No. 2021-30 4 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 V. 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 of the Zone hereby declare that they would have adopted the remainder of the 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 VI. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its confirmation by two-thirds of the voters voting within Zone 1517 in an election to be held on December 7, 2021, so that taxes shall first be collected hereunder for the tax year beginning July 1, 2022. Within 15 days of passage, this Ordinance shall be published once, with the names of the Supervisors voting for and against it, in the Contra Costa Times, a newspaper of general circulation published in this County. PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, on October 5, 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] ORDINANCE NO. 2021-30 ZONE 1517 FOR FISCAL YEAR JULY 1, 2022, THROUGH JUNE 30, 2023 EXHIBIT D PROPERTY USE ANNUAL TAX CODE CATEGORY EXPLANATION PER PARCEL 11 Single Family Residence – 1 residence, 1 site $200 12 Single Family Residence- 1 residence, 2 or more sites $200 13 Single Family Residence- 2 residences on 1 or more sites $200 14 Single Family Residence – other than single family land $200 15 Misc. Improvements – 1 site $200 16 Misc. Improvements – 2 or more sites $200 17 Vacant – 1 site $100 18 Vacant – 2 or more sites $100 19 Single Family Residence - Det. w/common area $200 20 Vacant – Multiple $100 21 Duplex $200 22 Triplex $200 23 Fourplex $200 24 Combination $200 25 Apartments (5-12 units) $400 26 Apartments (13-24 units) $400 27 Apartments (25-59 units) $600 28 Apartments (60+ units) $800 29 Attached PUDs: Cluster Homes, Condos, Etc. $200 30 Vacant – Commercial $100 31 Commercial Stores – Not Supermarkets $600 32 Small Grocery Stores (7-11, etc.) $600 33 Office Buildings $400 34 Medical, Dental $400 35 Service Stations, Car Wash $400 36 Garages $400 37 Community Facilities (recreational, etc.) $800 38 Golf Courses $400 39 Bowling Alleys $400 40 Boat Harbors $400 41 Supermarkets (not shopping centers) $600 42 Shopping Centers $800 43 Financial Buildings (Ins., Title, Banks, S&L) $400 44 Motels, Hotels & Mobile Home Parks $600 45 Theaters $600 46 Drive-In Theaters $400 47 Restaurants (not drive-in) $400 48 Multiple & Commercial $400 49 New Car Agencies $400 50 Vacant Land (not part of Ind. Park or P. & D.) $100 51 Industrial Park $800 52 Research & Development $400 53 Light Industrial $400 54 Heavy Industrial $400 55 Mini Warehouses (public storage) $600 56 Misc. Improvements $400 61 Rural, Res. Improvement 1A-10A $200 62 Rural, W/or w/o Structure 1A-10A $200 70 Convalescent Hospitals/Rest Homes $400 73 Hospitals $400 74 Cemeteries/Mortuaries $400 75 Fraternal & Service Organizations $400 76 Retirement Housing Complex $600 78 Parks & Playgrounds $800 85 Public & Private Parking $400 87 Common Area $400 88 Mobile Homes $200 89 Other (split parcels in different tax code areas) $200 99 Awaiting Assignment $200 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 09/07/2021 by the following vote: AYE: NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/270 RESOLUTION OF INTENTION TO FORM ZONE 1517 OF COUNTY SERVICE AREA P-6 IN THE UNINCORPORATED WALNUT CREEK AREA The Board of Supervisors of Contra Costa County RESOLVES: 1. The Board of Supervisors of Contra Costa County proposes the formation of new zone in the Bay Point area of County Service Area (CSA) P-6, pursuant to Article 8 of Chapter 2.3 of Part 2 of Division 2 of Title 3 of the California Government Code. 2. The boundaries of the territory to be included in the zone area are described in 'Exhibit A' and shown in 'Exhibit B', both of which are attached hereto and incorporated herein by this reference. 3. The formation of Zone 1517 is proposed to provide the County of Contra Costa with a method of financing an increased level of police protection services to the area within the zone. 4. The proposed zone would provide a level of police protection services that exceeds the level of service outside the zone, and if approved by the voters, the proposed zone would generate additional revenue in the form of special taxes to fund the increase in this level of service. 5. The increase in the level of service would be financed through the levy of a voter-approved special tax on all taxable parcels within the zone. 6. The name proposed for the zone is "Zone 1517" of CSA P-6. NOW, THEREFORE, BE IT RESOLVED THAT at 9:00 a.m. on October 5, 2021, in the Chamber of the Board of Supervisors, County Administration Building, 1025 Escobar Street, Martinez, CA 94553, this Board will conduct a public hearing upon the proposed formation of Zone 1517 of CSA P-6. The Clerk of the Board is hereby directed to give notice of the public hearing by (1) publishing a notice that complies with Government Code Section 25217, subdivision (d)(1), pursuant to Government Code Section 6061; (2) mailing the notice to all owners of property within the proposed zone; (3) mailing the notice to each city and special district that contains, or whose sphere of influence contains the proposed zone; and (4) verifying that the notice is posted in at least three public places within the territory of the proposed zone. Contact: Jennifer Cruz, (925) 655-2867 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 7, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: RECOMMENDATION(S): ADOPT Resolution No. 2021/288 approving and authorizing the Public Works Director, or designee, to fully close the northbound lanes of Danville Boulevard between Orchard Lane and Jackson Way, Jackson Way at the intersection with Danville Boulevard, on Sunday, November 28, 2021, from 4:30 p.m. through 6:30 p.m., for the purpose of Annual Alamo Tree Lighting Festival, Alamo area. (District II) FISCAL IMPACT: No fiscal impact. BACKGROUND: Applicant shall follow guidelines set forth by the Public Works Department. The closures are required for the safety of pedestrian ingress and egress while attending the Annual Alamo Tree Lighting Festival, sponsored by County Service Area R-7 (CSA R-7), at the Andrew H. Young Park, Alamo area. The Alamo Tree Lighting Festival is a collaborative effort by the Community Foundation of Alamo and the Alamo Rotary Club. CSA R-7 contributes the use of Andrew H. Young Park and provides funding to decorate the park with holiday lights. CONSEQUENCE OF NEGATIVE ACTION: Applicant will be unable to close the road for planned activities. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Bob Hendry (925) 374-2136 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 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, Bob Hendry -Engineering Services, CHP, Sheriff - Patrol Division Commander, Carl Roner- Special Districts, Rochelle Johnson - Special Districts C. 1 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:October 5, 2021 Contra Costa County Subject:Approve & Authorize lane closures on Sunday, November 28, 2021, between 4:30 PM and 6:30 PM, for the Annual Alamo Tree Lighting Festival, Alamo area. AGENDA ATTACHMENTS Resolution No. 2021/288 MINUTES ATTACHMENTS Signed: Resolution No. 2021/288 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 10/05/2021 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/288 IN THE MATTER OF: Approving and Authorizing the Public Works Director, or designee, to fully close the northbound lanes of Danville Boulevard between Orchard Lane and Jackson Way, and to fully close Jackson Way at the intersection with Danville Boulevard, on Sunday, November 28, 2021, from 4:30 p.m. through 6:30 p.m., for the purpose of the Annual Alamo Tree Lighting Festival, Alamo area. (District II) RC21-20 Now, Therefore, Be It Resolved that permission is granted to Rotary Club of Alamo to fully close the northbound lanes of Danville Boulevard between Orchard Lane and Jackson Way, and to fully close Jackson Way at the intersection with Danville Boulevard, except for emergency traffic, on Sunday, November 28, 2021, for the period of 4:30 p.m. through 6:30 p.m., subject to the following conditions: 1. Traffic will be detoured per traffic control plan reviewed by Public Works. 2. All signing to be in accordance with the California Manual on Uniform Traffic Control Devices. 3. Rotary Club of Alamo shall comply with the requirements of the Ordinance Code of Contra Costa County. 4. Rotary Club of Alamo shall provide the County with a Certificate of Insurance in the amount of $1,000,000.00 for Comprehensive General Public Liability which names the County as an additional insured prior to permit issuance. 5. Rotary Club of Alamo shall obtain approval for the closure from the Sheriff’s Department, the California Highway Patrol and the Fire District. Contact: Bob Hendry (925) 374-2136 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 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, Bob Hendry -Engineering Services, CHP, Sheriff - Patrol Division Commander, Carl Roner- Special Districts, Rochelle Johnson - Special Districts RECOMMENDATION(S): APPROVE the Franklin Canyon Road Safety Improvements Project (Project) and AUTHORIZE the Public Works Director, or designee, to advertise the Project, Martinez area. [County Project No. WO#4156/Federal Project No.HSIPSL-5928(161), DCD-CP#21-30] (District V). DETERMINE the Project is a California Environmental Quality Act (CEQA), Class 1(c) Categorical Exemption, pursuant to Article 19, Section 15301(c) 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: $612,400. 92% Highway Safety Improvement Program Funds, 8% Local Road Funds. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Alex Nattkemper 925-313-2364 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Alex Nattkemper, Claudia Gemberling C. 2 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:October 5, 2021 Contra Costa County Subject:APPROVE the Franklin Canyon Road Safety Improvements Project and take related actions under CEQA. BACKGROUND: The purpose of the Project is to improve roadway safety along the unincorporated segment of Franklin Canyon Road near the City of Martinez. The two-lane major collector is set in a rural area with winding curves, narrow lanes, and narrow shoulders. The Project will install 12-inch wide centerline rumble strips along the entire 3.41-mile segment of Franklin Canyon Road between Cummings Skyway and Dutra Road. CONSEQUENCE OF NEGATIVE ACTION: Delay in approving the project may result in a delay of design, construction, and may jeopardize funding. ATTACHMENTS CEQA Document Figure 1 Figure 2 RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute an amendment with Dewberry Engineers Inc. (dba Dewberry | Drake Haglan), acknowledging the Assignment and Assumption Agreement between Drake, Haglan & Associates, Inc., and Dewberry Engineers Inc., effective September 28, 2019, with no change to the original payment limit of $250,000 and the term May 21, 2019 through May 7, 2022, for on-call civil engineering services, Countywide. (Project No. Various) (All Districts) FISCAL IMPACT: There is no fiscal impact with this action. Work performed under the on-call contract is funded by developer fees, local, state and federal funds for road, flood control and airport projects. BACKGROUND: The Public Works Department is involved in various projects in the County that require civil engineering services for road, flood control, and airport projects. After a solicitation process, the County contracted with Drake Haglan & Associates, Inc. on May 21, 2019, as one of eight firms to provide civil engineering services on an “on-call” basis. The Consultant augments Public Works staff on an as-needed basis. They are used as an extension of Public APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Adelina Huerta, 925.313.2305 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 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:October 5, 2021 Contra Costa County Subject:Assignment and Assumption Agreement and Amendment with Dewberry | Drake Haglan, Countywide. BACKGROUND: (CONT'D) Works staff during busy times when extra help is needed or when in-house expertise is not available. This on-call contract is in effect for thirty-six months. On September 28, 2019, Dewberry Engineers Inc. (dba Dewberry | Drake Haglan) was assigned the Project’s agreement from Drake, Haglan & Associates, Inc., through an Assignment and Assumption Agreement. The Acknowledgement of Assignment and Assumption Agreement and Amendment provides for the acknowledgement of the assignment of the County agreement from Drake, Haglan & Associates, Inc., to Dewberry Engineers Inc. (dba Dewberry | Drake Haglan), which is necessary for the continuation of on-call civil engineering services support through the remainder of the original period the contract is in effect. Government Code Section 31000 and 4525 authorizes the County to contract for services including the type of civil engineering that Dewberry Engineers Inc. (dba Dewberry | Drake Haglan) provides. CONSEQUENCE OF NEGATIVE ACTION: Without approval from the Board of Supervisors, there is possible delay in completing projects requiring civil engineering services. Executing this contract will facilitate the process of design and construction for various Public Works projects requiring civil engineering expertise. RECOMMENDATION(S): ACCEPT the 2019-2021 Report of Real Estate Acquisition Acceptances dated July 1, 2019 through June 30, 2021, approved by the Public Works Director for the acquisitions of any interest in real property where the purchase price for the real property interest did not exceed $100,000, in the Alamo, Antioch, Brentwood, Byron, Clayton, Concord, Martinez, Pleasant Hill, Richmond, and San Pablo areas. FISCAL IMPACT: No fiscal impact. BACKGROUND: Pursuant to the Contra Costa County, Ordinance Code, Title 11, Division 1108, Chapter 1108-8.002, “The Board of Supervisors authorizes the Public Works Director, or designated deputy, to perform all acts necessary to approve and accept, for the County, the acquisition of any interest in real property where the purchase price for the real property interest does not exceed one hundred thousand dollars.” The Public Works Director shall submit a semi-annual APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Scarlett Torres, 925. 957-2466 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Auditor Controller , Karen Piona, Records, Wiley Osborn, PW Information Technology C. 4 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:October 5, 2021 Contra Costa County Subject:ACCEPT the 2019-2021 Report of Real Estate Acquisition Acceptances dated July 1, 2019 through June 30, 2021, Countywide. BACKGROUND: (CONT'D) report to the Board of Supervisors on each acquisition done pursuant to this section, including the interest acquired, its price, and the necessity for the purchase, which is described in the attached Acceptance Report. The Semi-Annual Reports for July 1, 2019 through June 30, 2021 were not submitted to the Board of Supervisors; therefore a Report covering July 1, 2019 through June 30, 2021 is being submitted at this time. The Semi-Annual Reporting will resume in January of 2022 for the period of July 2021 - December 2021. CONSEQUENCE OF NEGATIVE ACTION: The Board of Supervisors would not be informed of the acquisitions accepted by the Public Works Director pursuant to Contra Costa County Ordinance Code. ATTACHMENTS Acceptance Report RECOMMENDATION(S): ADOPT Resolution No. 2021/294 accepting completion of improvements for subdivision SD15-09423 for a project developed by 2200 Central Street, LLC, as recommended by the Public Works Director, North Richmond area. (District I) FISCAL IMPACT: No fiscal impact. BACKGROUND: The developer has completed the improvements per the Subdivision Agreement, and in accordance with Title 9 of County Ordinance Code. CONSEQUENCE OF NEGATIVE ACTION: The completion of improvements will not be accepted. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: October 5, 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, Ronald Lai, Engineering Services, Chris Lau - Maintenance, Cinda Tovar- Design & Construction, Renee Hutchins - Records, Karen Piona- Records, Chris Hallford -Mapping , Michael Mann- Finance, Michelle Mancuso- Watershed Program, Flood Control, 2200 Central Street, LLC, SureTec Insurance Company, T-08/05/2022 C. 5 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:October 5, 2021 Contra Costa County Subject:Accepting completion of improvements for subdivision SD15-09423, North Richmond area. AGENDA ATTACHMENTS Resolution No. 2021/294 MINUTES ATTACHMENTS Signed: Resolution No. 2021/294 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 10/05/2021 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. 2021/294 IN THE MATTER OF accepting completion of improvements for subdivision SD15-09423 for a project developed by 2200 Central Street, LLC, as recommended by the Public Works Director, North Richmond area. (District I) WHEREAS, the Public Works Director has notified this Board that the improvements in subdivision SD15-09423 have been completed as provided in the Subdivision Agreement with 2200 Central Street, LLC, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. WHEREAS, these improvements are approximately located near Central Street and Pittsburg Avenue. NOW, THEREFORE, BE IT RESOLVED that the improvements have been COMPLETED as of September 5, 2021, thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT: July 27, 2021 NAME OF SURETY: SureTec Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $403,000.00, Bond No. 4440557 issued by the above surety be RETAINED for the six month lien guarantee period until April 5, 2022, at which time the Board AUTHORIZES the release of said surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the widening of Central Street and Pittsburg Avenue are ACCEPTED and DECLARED to be County roads as shown and dedicated for public use on the map of subdivision SD15-09423 filed August 4, 2021, in Book 547 of Maps, at page 48, Official Records of Contra Costa County, State of California. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the $8,060.00 cash deposit (Auditor's Deposit Permit No. 825060, dated March 12, 2021) made by 2200 Central Street, LLC, and the performance/maintenance surety bond rider for $797,940.00, Bond No. 4440557 issued by SureTec Insurance Company RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Contact: Randolf Sanders (925) 313-2111 ATTESTED: October 5, 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, Ronald Lai, Engineering Services, Chris Lau - Maintenance, Cinda Tovar- Design & Construction, Renee Hutchins - Records, Karen Piona- Records, Chris Hallford -Mapping , Michael Mann- Finance, Michelle Mancuso- Watershed Program, Flood Control, 2200 Central Street, LLC, SureTec Insurance Company, T-08/05/2022 RECOMMENDATION(S): APPROVE and AUTHORIZE the Chief Engineer, Contra Costa County Flood Control and Water Conservation District, or designee, to execute, on behalf of the Contra Costa Clean Water Program, a contract amendment with Larry Walker Associates, Incorporated, effective October 5, 2021, to increase the payment limit by $615,000 to a new payment limit of $915,000 for Countywide stormwater quality services necessary to comply with federal and state stormwater permit requirements issued under the National Pollutant Discharge Elimination System Permit, with no change to the term of January 5, 2021 through December 31, 2023, Countywide. (100% Stormwater Utility Assessment Funds) FISCAL IMPACT: All costs associated with this contract will not exceed $915,000 and will be funded 100% by Stormwater Utility Assessment fees collected by the Cities/Towns and County, proportional to their respective populations. BACKGROUND: The Contra Costa Clean Water Program (the “CCCWP”) consists of Contra Costa County, its 19 incorporated cities/towns and the Contra Costa County Flood Control and Water Conservation District (hereinafter referred to collectively as “Permittees”). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Andrea Bullock, 925-313-2194 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 6 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:October 5, 2021 Contra Costa County Subject:APPROVE a Contract Amendment with Larry Walker Associates, Incorporated, for Stormwater Quality Services BACKGROUND: (CONT'D) The CCCWP was established in 1991 through a Program Agreement in response to the 1987 amendments to the federal Clean Water Act (the “CWA”), which established a framework for regulating municipal stormwater discharges under the National Pollutant Discharge Elimination System (“NPDES”) Permit Program. The United States Environmental Protection Agency (the “USEPA”) published final rules implementing the 1987 CWA amendments in November 1990. The rules mandate that Permittees obtain and implement stormwater permits designed to reduce and eliminate the discharge of pollutants into and from Municipal Separate Storm Sewer Systems (the “MS4s”) they own and operate. Through the CCCWP, Permittees conduct many of the mandated activities collectively (referred to as “Group Activities”), such as water quality monitoring, special studies, and public education. The roles and responsibilities of the CCCWP and Permittees are outlined in the Contra Costa Clean Water Program Agreement, which was last updated and adopted by all Permittees in June 2010. The current San Francisco Bay Region Municipal Regional Stormwater NPDES Permit No. CAS612008, Order R2-2015-0049 (“Permit”), was issued in November of 2015. The CCCWP Permittees request to retain Larry Walker Associates, Incorporated, to plan, coordinate and administer mandated stormwater quality management activities as required by the NPDES permit. Larry Walker Associates, Incorporated, will assist the Program by negotiating permit requirements, attending various stakeholder meetings on behalf of Permittees, preparing written responses to the Regional Water Quality Control Boards and will complete other activities related to the re-issuance and implementation of the NPDES permit. CONSEQUENCE OF NEGATIVE ACTION: Without the approval of the Board of Supervisors, the CCCWP, 19 Cities and Towns, Contra Costa County, and the Flood Control District will be unable to meet the outreach requirements set forth by the San Francisco Bay Region Municipal Regional Stormwater NPDES Permit No. CAS612008, Order R2-2015-0049. RECOMMENDATION(S): APPROVE and AUTHORIZE the Chief Engineer, Contra Costa County Flood Control and Water Conservation District, or designee, to execute, on behalf of the Contra Costa Clean Water Program, a contract amendment with Geosyntec Consultants, Inc., effective October 5, 2021, to increase the payment limit by $480,000 to a new payment limit of $680,000 for Countywide stormwater quality services necessary to comply with federal and state stormwater permit requirements issued under the National Pollutant Discharge Elimination System Permit, with no change to the term of period February 1, 2021 through January 31, 2024 Countywide. (100% Stormwater Utility Assessment Funds) FISCAL IMPACT: All costs associated with this contract will not exceed $680,000 and will be funded 100% by Stormwater Utility Assessment fees collected by the Cities/Towns and County, proportional to their respective populations. BACKGROUND: The Contra Costa Clean Water Program (the “CCCWP”) consists of Contra Costa County, its 19 incorporated cities/towns and the Contra Costa County Flood Control and Water Conservation District (hereinafter referred to collectively as “Permittees”). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Andrea Bullock, 925-313-2194 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 7 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:October 5, 2021 Contra Costa County Subject:APPROVE a Contract Amendment with Geosyntec Consultants, Inc., for Stormwater Quality Services BACKGROUND: (CONT'D) The CCCWP was established in 1991 through a Program Agreement in response to the 1987 amendments to the federal Clean Water Act (the “CWA”), which established a framework for regulating municipal stormwater discharges under the National Pollutant Discharge Elimination System (“NPDES”) Permit Program. The United States Environmental Protection Agency (the “USEPA”) published final rules implementing the 1987 CWA amendments in November 1990. The rules mandate that Permittees obtain and implement stormwater permits designed to reduce and eliminate the discharge of pollutants into and from Municipal Separate Storm Sewer Systems (the “MS4s”) they own and operate. Through the CCCWP, Permittees conduct many of the mandated activities collectively (referred to as “Group Activities”), such as water quality monitoring, special studies, and public education. The roles and responsibilities of the CCCWP and Permittees are outlined in the Contra Costa Clean Water Program Agreement, which was last updated and adopted by all Permittees in June 2010. The current San Francisco Bay Region Municipal Regional Stormwater NPDES Permit No. CAS612008, Order R2-2015-0049 (“Permit”), was issued in November of 2015. The CCCWP Permittees request to retain Geosyntec Consultants, Inc., to plan, coordinate and administer mandated stormwater quality management activities as required by the NPDES permit. Larry Walker Associates, Inc., will assist the Program by negotiating permit requirements, attending various stakeholder meetings on behalf of Permittees, preparing written response to the Regional Water Quality Control Boards and will complete other activities related to the re-issuance and implementation of the NPDES permit. CONSEQUENCE OF NEGATIVE ACTION: Without the approval of the Board of Supervisors, the CCCWP, 19 Cities and Towns, Contra Costa County, and the Flood Control District will be unable to meet the outreach requirements set forth by the San Francisco Bay Region Municipal Regional Stormwater NPDES Permit No. CAS612008, Order R2-2015-0049. RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Airports, or designee, to execute an amendment to the May 12, 2021, Contract (Construction Agreement), under which W.E. Lyons Construction Company will construct a new Aircraft Rescue and Firefighting facility, terminal, and administrative office at Buchanan Field Airport, to increase the payment limit by $279,705 to a new payment limit of $13,533,040. FISCAL IMPACT: There is no impact on the County General Fund; the increased cost is fully funded by a combination of Federal Aviation Administration (FAA) grants and Airport Enterprise Funds (66% FAA, 34% Airport Enterprise Fund). BACKGROUND: During the bidding of the new Aircraft Rescue and Firefighting, terminal and administrative office building there was an option to install an emergency generator for the facility. The Airports Division is recommending that this option, at a bid price of $279,705 be exercised. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Keith Freitas (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: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 8 To:Board of Supervisors From:Keith Freitas, Airports Director Date:October 5, 2021 Contra Costa County Subject:Increase in Payment Limit on Contract with W.E. Lyons Construction Company CONSEQUENCE OF NEGATIVE ACTION: If approval of the increase in the payment limit is not approved, the new Aircraft Rescue and Firefighting, terminal and administrative offices will not have emergency backup power. RECOMMENDATION(S): APPROVE and AUTHORIZE the Director of Airports, or designee, to execute a month-to-month hangar rental agreement with Robert (“Bob”) Hawkins and Richard Finkle for a modernized, medium south-facing hangar at Buchanan Field Airport effective October 1, 2021 in the monthly amount of $490.00, Pacheco area FISCAL IMPACT: The Airport Enterprise Fund will realize $5,880.00 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: 10/05/2021 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: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 9 To:Board of Supervisors From:Keith Freitas, Airports Director Date:October 5, 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 F-7 Hangar Rental Agmt RECOMMENDATION(S): Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District (Flood Control District), APPROVE and AUTHORIZE the Chief Engineer, or designee, to execute the Local Project Sponsor Agreement (LPS Agreement) with the Contra Costa Water District (CCWD) to provide up to $850,000 from a California Department of Water Resources (DWR) Integrated Regional Water Management Plan (IRWM) Grant for the Three Creeks Parkway Restoration Project (Project). FISCAL IMPACT: The LPS Agreement provides up to $850,000 in DWR IRWM grant funds for the Project. Remaining Project costs are funded by Flood Control Drainage Area 130 funds (Fund 256200) and other local, state and federal grant funds. (Project No. 7562-6D8490) BACKGROUND: On September 17, 2019, the Board of Supervisors approved the Flood Control District’s application to DWR for $850,000 for the Project. The DWR grant required applicants to participate in a regional IRWM group in order to be eligible for the IRWM grant funding. The Project is included in the list of projects in the East Contra Costa IRWM Plan. The East Contra Costa APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Gus Amirzehni, (925) 313-2128 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Allison Knapp, Deputy Chief Engineer, Tim Jensen, Flood Control, Paul Detjens, Flood Control, Gus Amirzehni, Flood Control, Catherine Windham, Flood Control C. 10 To:Contra Costa County Flood Control District Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:October 5, 2021 Contra Costa County Subject:Agreement with the Contra Costa Water District for award of a California Department of Water Resources Integrated Water Management Plan Grant. BACKGROUND: (CONT'D) IRWM group evaluated the projects in the IRWM Plan, and selected five projects, including the Flood Control District’s Project, for a joint application. The CCWD acted as the lead agency in the joint grant application to DWR for IRWM grant funding. Subsequently, DWR awarded CCWD an IRWM grant in the amount of $2,700,000 (Grant Agreement No. 4600013833) for five projects sponsored by the Flood Control District, Bethel Island Municipal Improvement District, City of Antioch, City of Brentwood, and Diablo Water District, known as Local Project Sponsors. The award amount for the Flood Control District’s Project is $850,000. The grant period extends from June 27, 2020 until June 30, 2024. The proposed LPS Agreement is intended to define roles and responsibilities and provide indemnity protection to CCWD for executing the DWR Grant Agreement on behalf of the Local Project Sponsors. CONSEQUENCE OF NEGATIVE ACTION: Without the Board of Supervisors’ approval, the Flood Control District will not be able to accept the DWR IRWM Grant Program described above. ATTACHMENTS LPS Agreement LOCAL PROJECT SPONSOR AGREEMENT by and between CONTRA COSTA WATER DISTRICT, BETHEL ISLAND MUNICIPAL IMPROVEMENT DISTRICT, CITY OF ANTIOCH, CITY OF BRENTWOOD, CONTRA COSTA COUNTY FLOOD CONTROL & WATER CONSERVATION DISTRICT, AND DIABLO WATER DISTRICT Proposition 1 Round 1 Integrated Regional Water Management Implementation Grant Program Through this Local Project Sponsor Agreement by and between Contra Costa Water District (CCWD), a California special district, Bethel Island Municipal Improvement District (BIMID), a California special district, City of Antioch, a California municipal corporation, City of Brentwood, a California municipal corporation, Contra Costa County Flood Control & Water Conservation District (CCCFC&WCD), a California municipal corporation, and Diablo Water District (DWD), a California special district, each a “Local Project Sponsor” or collectively referred to as “Local Project Sponsors” or “parties,” the parties hereby agree as follows: Recitals: A. WHEREAS, on behalf of the Local Project Sponsors, who are member agencies of the East Contra Costa County Integrated Regional Water Management (IRWM) group in the San Joaquin River Funding Area, CCWD submitted a proposal for a Proposition 1 Round 1 IRWM grant from the State of California, Department of Water Resources (DWR) to secure funding for implementation projects in the East Contra Costa County IRWM region that meet the requirements of the Proposition 1 2019 Guidelines and Round 1 IRWM Implementation Grant Proposal Solicitation Package; and B. WHEREAS, DWR and CCWD entered into Agreement No. 4600013833 (Grant Agreement) awarding to CCWD a grant for Two Million Seven Hundred Thousand Dollars ($2,700,000) in State funding (State Grant) for the Proposition 1 Round 1 IRWM Implementation Grant Program to be expended over the grant period that extends from June 27, 2020 until June 30, 2024 when the Work Plan will be completed. The Grant Agreement is attached hereto and incorporated herein as Attachment A to this Local Project Sponsor Agreement; and C. WHEREAS, in accordance with Exhibit I Local Project Sponsors and Project Locations of the Grant Agreement, CCWD shall assign Local Project Sponsors to act on behalf of CCWD for the purposes of individual project management, oversight, compliance, operations and maintenance, and implementation of their respective component parts of the Work Plan (generically referred to as “Local Projects”) included in the Grant Agreement; and D. WHEREAS, the Grant Agreement contains a Work Plan, Budget, and Schedule describing the responsibilities of each Local Project Sponsor and commitments thereof; and E. WHEREAS, CCWD will provide necessary financial and grant administration services associated with implementing the Grant Agreement and this Local Project Sponsor Agreement, including, but not limited to: negotiation and execution of the Grant Agreement and the Local Project Sponsor Agreement, coordination and submittal of reports and invoices as required by the Grant Agreement, coordination and submittal of Grant Local Project Sponsor Agreement for DWR Grant Agreement No. 4600013833 Page 2 of 17 Agreement amendments as necessary, and general coordination with DWR and Local Project Sponsors throughout the term of the Grant Agreement; and F. WHEREAS, the process by which Local Project Sponsors will submit reimbursement requests to CCWD, and how CCWD will disburse the State Grant to Local Project Sponsors, will be governed by this Local Project Sponsor Agreement; and G. WHEREAS, this Local Project Sponsor Agreement is intended to protect CCWD from liability for executing the Grant Agreement on behalf of the Local Project Sponsors. NOW, THEREFORE, based on the foregoing recitals, it is hereby agreed between the parties as follows: AGREEMENT The recitals set forth above constitute an integral part of this Agreement and are incorporated by this reference as if fully set forth herein. 1. Term of Agreement A. This Local Project Sponsor Agreement shall commence and be effective, as between CCWD and a Local Project Sponsor, upon the date of its execution by both CCWD and that Local Project Sponsor. This Agreement will remain in effect so long as the Grant Agreement between CCWD and DWR is in effect, or until terminated by CCWD or the Local Project Sponsor pursuant to the terms of this Local Project Sponsor Agreement, or until the Grant Agreement is terminated by DWR or CCWD pursuant to the terms of the Grant Agreement. B. Each Local Project Sponsor shall separately execute this Local Project Sponsor Agreement which shall at that time become effective as between that Local Project Sponsor, CCWD, and any and all earlier executing Local Project Sponsors. 2. State Grant Share and Matching Funds A. CCWD will disburse up to Two Million Seven Hundred Thousand Dollars ($2,700,000) of the State Grant in accordance with the amounts listed in Exhibit B Budget of the Grant Agreement. To be eligible to receive State Grant funds, Local Project Sponsors will implement the Local Projects as described in Exhibit A Work Plan of the Grant Agreement. B. In accordance with Exhibit B Budget in the Grant Agreement, Local Project Sponsors have committed to expending and documenting, as required by the terms of the Grant Agreement, the required Non- State and Other Cost Share amounts required to fulfill the funding match requirements of the Grant Agreement. Any Local Project Sponsor inability to document the required cost share amounts may result in reduced State Grant fund eligibility and dispersal until such time as compliance with cost share requirements is evidenced and accepted pursuant to the Grant Agreement. Local Project Sponsor Agreement for DWR Grant Agreement No. 4600013833 Page 3 of 17 C. Pursuant to Grant Agreement requirements as described more fully in Attachment A to this Agreement, Local Project Sponsors may invoice CCWD for grant share reimbursement for eligible costs incurred on and after June 27, 2020 in their first invoice. Subsequent invoices may include eligible costs incurred by Local Project Sponsors during the reporting quarter. If total Local Project costs exceed that provided by the State Grant and cost share commitments, any additional funding match necessary to complete the Local Project will be documented by Local Project Sponsor in the Project Completion Report (described in Paragraph 5 Reporting). 3. Obligations of Local Project Sponsors A. Local Project Sponsors are, and at all times will continue to be, in full compliance with the terms and conditions of the Grant Agreement that are applicable to them as a sub-recipient of the State Grant. In accordance with the Grant Agreement, Local Project Sponsors shall act on behalf of CCWD in the fulfillment of CCWD’s responsibilities specified in the Grant Agreement with respect to their Local Project(s) only. Local Project Sponsors understand and agree that for purposes of the foregoing, and to the greatest extent allowed by law, any requirements and responsibilities imposed upon CCWD as Grantee under the Grant Agreement are hereby passed-through to, and acknowledged and agreed to by Local Project Sponsors, as obligations of the Local Project Sponsors, excepting only CCWD’s obligations as defined in Paragraph 4 of this Local Project Sponsor Agreement. Further, the Local Project Sponsors acknowledge and agree to comply with any requirements directly imposed on the Local Project Sponsors pursuant to the Grant Agreement. B. Local Project Sponsors must maintain all financial records associated with the total project costs of their respective Local Projects for inclusion in the Project Completion Report and all other reporting provided for herein. C. Local Project Sponsors shall not, whether by act or omission, cause CCWD to be in violation of any provision of the Grant Agreement or, whether by act or omission, fail to meet any requirement of this Local Project Sponsor Agreement or the Grant Agreement. D. Local Project Sponsors shall comply with all applicable Federal, State, and local laws, rules, regulations, ordinances, and directives, now existing and as such may change from time-to-time. Any such laws, rules, regulations, ordinances, and directives required thereby to be included in the Grant Agreement or this Local Project Sponsor Agreement are incorporated herein by reference. 4. Obligations of Contra Costa Water District A. CCWD shall disburse State Grant funds as required or permitted by the Grant Agreement. Notwithstanding the foregoing, CCWD is not obligated to disburse any State Grant funds to Local Project Sponsors until such funds are authorized and disbursed from DWR to CCWD in accordance with the Grant Agreement requirements. B. CCWD will promptly notify Local Project Sponsors in writing of any notices given or actions taken by DWR if such notices or actions are likely to affect the Local Project Sponsors’ performance, duties, obligations or funding under this Local Project Sponsor Agreement, including but not limited to notices Local Project Sponsor Agreement for DWR Grant Agreement No. 4600013833 Page 4 of 17 from DWR regarding alleged default by CCWD or the Local Project Sponsor under Paragraph 12 of the Grant Agreement. C. Commencing with DWR’s State Grant eligibility date of June 27, 2020 and continuing until termination of the Grant Agreement, CCWD will undertake and complete all administrative and management responsibilities under the Grant Agreement that are not related solely to Local Projects. CCWD has incurred, and will continue to incur, costs for administrative and management responsibilities under the Grant Agreement that are not related solely to Local Projects. At the time of original execution of the Grant Agreement, the State Grant allocates Eighty Thousand Dollars ($80,000) for Grant Agreement and Local Project Sponsor Agreement administration by CCWD in accordance with the requirements of the Grant Agreement. 5. Reporting A. In accordance with the terms of the Grant Agreement, CCWD is obligated to submit reports to DWR throughout the term of the Grant Agreement. As such, Local Project Sponsors will provide CCWD with the required data for the Local Project(s) for which each Local Project Sponsor is responsible in accordance with the reporting and submittal requirements described in this section, Paragraph 14 Submission of Reports in the Grant Agreement, and Exhibit F Report Formats and Requirements of the Grant Agreement. Notwithstanding the reporting schedule described in this section, CCWD may, at any time, request any additional information from Local Project Sponsors pursuant to any Grant Agreement modification or that may be deemed necessary by CCWD in its sole discretion to provide adequate and sufficient documentation of Local Project status for the purposes of meeting the reporting requirements in the Grant Agreement. Local Project Sponsors agree to timely provide any such additional information as requested by CCWD. B. All documentation and reports shall meet generally accepted professional standards for technical reporting and shall be proofread for content, numerical accuracy, spelling, and grammar prior to submittal to CCWD and the State. Reports shall be presented in the formats described in the applicable portion of Exhibit F of the Grant Agreement. i. Quarterly Progress Reports: On a quarterly basis, CCWD will prepare a Progress Report and submit it to DWR in accordance with the terms of the Grant Agreement. On a quarterly schedule established by CCWD, Local Project Sponsors will provide CCWD with the required documentation for their respective Local Projects in electronic format using a Progress Report template developed by CCWD. Progress Reports shall provide a brief description of the work performed during the reporting period, including: Local Project Sponsor activities, estimate of percent of work complete, milestones achieved, accomplishments, concerns or problems encountered, work anticipated for the next reporting period, and updated schedule or budget inclusive of any changes that have occurred. ii. Project Completion Report: Pursuant to the Grant Agreement, CCWD will submit a separate Project Completion Report for each project included in Exhibit A Work Plan of the Grant Agreement within ninety (90) calendar days of Local Project completion. Local Project Sponsors will prepare this report on behalf of CCWD in accordance with the requirements described in Exhibit F Reports Formats and Requirements in the Grant Agreement. Local Local Project Sponsor Agreement for DWR Grant Agreement No. 4600013833 Page 5 of 17 Project Sponsors will submit to CCWD a draft of the Project Completion Report within sixty (60) calendar days of Local Project completion or within sixty (60) days of execution of this Local Project Sponsor Agreement by a Local Project Sponsor, whichever is later. Local Project Sponsors will be responsive to CCWD’s and DWR’s questions or inquiries necessary to finalize the report. iii. Grant Completion Report: Pursuant to the Grant Agreement, CCWD will submit a Grant Completion Report within ninety (90) days of submitting the Project Completion Report for the final project to be completed under the Grant Agreement. CCWD will prepare this report on behalf of the Local Project Sponsors in accordance with the requirements described in Exhibit F Reports Formats and Requirements in the Grant Agreement. Local Project Sponsors will be responsive to CCWD’s and DWR’s questions or inquiries necessary to finalize the report. iv. Post-Performance Reports: Pursuant to the Grant Agreement, CCWD will submit Post- Performance reports for each Local Project in the Grant Agreement. Post-Performance Reports must be submitted to the State within ninety (90) calendar days after the first performance year of a project has elapsed, and the reporting process shall be repeated annually for a total of three (3) years after the project begins operation. Local Project Sponsors will prepare this report on behalf of CCWD in accordance with the requirements described in Exhibit F Reports Formats and Requirements in the Grant Agreement. Local Project Sponsors will submit Post-Performance reports directly to DWR and provide a copy of the report and proof of submittal to CCWD until such requirements are completed. C. Failure of an individual Local Project Sponsor to meet reporting deadlines established by CCWD, which may cause noncompliance with the requirements of the Grant Agreement, constitutes a breach of this Local Project Sponsor Agreement and is cause for termination of the noncompliant Local Project Sponsor’s participation in the Local Project Sponsor Agreement and the Grant Agreement. Each Local Project Sponsor will continue to report its activities throughout the State Grant period until the Local Project is completed. 6. Method of Payment A. Pursuant to the Grant Agreement, there are two methods of payment available to CCWD, and thereby to Local Project Sponsors, including (a) reimbursement and (b) advanced payment. Both methods require that Local Project Sponsors submit only costs that are eligible project costs as specified in the Grant Agreement. DWR will withhold a percentage of payment on each quarterly invoice (“retention”) of 10% of the invoice amount. If a percentage of grant funds is withheld by DWR for any Local Project in the Grant Agreement, CCWD will withhold the same percentage from payment on Local Project Sponsors’ invoices. i. Reimbursement – Reimbursement is the typical payment method for state grants and involves invoicing and repayment of project costs in arrears. Reimbursement will be the default payment method for State Grant funds. Under the Reimbursement method of payment, CCWD will solicit invoices for eligible project costs at the same frequency and timing as the quarterly Progress Reports. CCWD will solicit Local Project Sponsor Agreement for DWR Grant Agreement No. 4600013833 Page 6 of 17 invoices no more than quarterly. Along with invoices submitted to CCWD, Local Project Sponsors must also submit backup documentation that sufficiently supports claimed costs. If invoice and sufficient backup documentation is not received by CCWD from the Local Project Sponsor by the timing established by CCWD corresponding to quarterly Progress Reports due dates, the individual Local Project Sponsor invoice(s) will not be included in the submittal to DWR and payment of the Local Project Sponsor costs will be delayed until a future quarter. CCWD will remit payment of Local Project Sponsors’ invoice(s) within thirty (30) business days of receipt of State Grant funds from DWR. CCWD will remit payment of withheld retention, if applicable, to Local Project Sponsor(s) within thirty (30) business days of receipt of retained State Grant funds from DWR. Invoices submitted to CCWD, and thereafter by CCWD to DWR, for Reimbursement shall include the information specified in Paragraph 8 Method of Payment in the Grant Agreement. ii. Advanced Payment – All Local Project Sponsors have declined Advanced Payment. As such, this option will not be available as a payment method under this grant program. 7. Third Party Beneficiaries If more than one Local Project Sponsor Agreement is executed between CCWD and responsible agencies identified in the Grant Agreement, Local Project Sponsors acknowledge and affirm that every other responsible agency specified in the Grant Agreement is a third party beneficiary of this Local Project Sponsor Agreement and that Local Project Sponsors of this agreement are third party beneficiaries of every other Local Project Sponsor Agreement executed for the purposes of implementing the Grant Agreement. 8. Communication All notices or notifications under this Local Project Sponsor Agreement shall be in writing addressed to the persons set forth in this section. All notices or notifications to CCWD shall be sent to: Maggie Dutton Contra Costa Water District P.O. Box H20 Concord, CA 94524 Email: mdutton@ccwater.com All notices or notifications to BIMID shall be sent to: Regina Espinoza Bethel Island Municipal Improvement District P.O. Box 244, Bethel Island, CA 94511 Email: respinoza@bimid.com Local Project Sponsor Agreement for DWR Grant Agreement No. 4600013833 Page 7 of 17 All notices or notifications to City of Antioch shall be sent to: Scott Buenting City of Antioch 200 H Street, Antioch, CA 94509-1005 Email: sbuenting@antiochca.gov All notices or notifications to City of Brentwood shall be sent to: Meghan Laporta City of Brentwood 150 City Park Way, Brentwood, CA 94513-1164 Email: mlaporta@brentwoodca.gov All notices or notifications to CCCFC&WCD shall be sent to: Gus Amirzehni Contra Costa County Flood Control & Water Conservation District 255 Glacier Drive, Martinez, CA 94553 Email: gus.amirzehni@pw.cccounty.us All notices or notifications to DWD shall be sent to: Dan Muelrath Diablo Water District P.O. Box 127, Oakley, CA 94561-0127 Email: dmuelrath@diablowater.org 9. Flow Through of Specific Grant Requirements Parties will comply with all applicable provisions of the Local Project Sponsor Agreement and Grant Agreement, including, but not limited to, the provisions found in Exhibit D Standard Conditions of the Grant Agreement. In the event of termination, pursuant to Section 18 of this Local Project Sponsor Agreement, a Local Project Sponsor whose Local Project Sponsor Agreement has been terminated, will comply with all applicable provisions of the Local Project Sponsor Agreement and Grant Agreement which by their terms survive termination. 10. Inspection of Records Pursuant to the Grant Agreement, DWR is entitled to inspect and obtain copies of any records pertaining to the program. Local Project Sponsors are required to make available for such inspections accurate records of all costs, disbursements, and documentation as necessary to comply with the requirements of the Grant Agreement. Local Project Sponsors hereby expressly agree to comply with these requirements. Local Project Sponsors shall retain program and project records in accordance with the requirements of Exhibit H State Audit Document Requirements for the Grantee of the Grant Agreement. 11. Indemnification A. CCWD shall defend, indemnify, and hold Local Project Sponsors and their respective members, elected and appointed officers, employees, and agents harmless from any and all liability, actions, Local Project Sponsor Agreement for DWR Grant Agreement No. 4600013833 Page 8 of 17 claims, costs, and expenses, including attorneys’ fees, caused by the willful misconduct or sole negligence of CCWD, its officers, directors, agents, or employees in CCWD’s performance under this Local Project Sponsor Agreement, except to the extent caused by the negligent acts, errors, or omissions of Local Project Sponsors, their officers, agents, or employees. B. A Local Project Sponsor shall defend, indemnify, hold CCWD and other Local Project Sponsors and their respective members, elected and appointed officers, employees, and agents harmless from any and all liability, actions, claims, costs, and expenses, including attorneys’ fees, caused by the willful misconduct or the negligent acts, errors, or omissions of that specific Local Project Sponsor, their officers, directors, agents, or employees in that specific Local Project Sponsors’ performance under this Local Project Sponsor Agreement, except to the extent caused by the sole negligence or willful misconduct of CCWD, its officers, agents, or employees. 12. Breach Noncompliance by any Local Project Sponsors with any applicable provision of this Local Project Sponsor Agreement, including but not limited to applicable reporting requirements, or the Grant Agreement, including but not limited to Section 12 Default Provisions, shall constitute a breach of this Local Project Sponsor Agreement. CCWD, in its sole discretion, may terminate any Local Project Sponsor’s participation for breach of this Local Project Sponsor Agreement. The waiver by either party of a breach of any provision of this Local Project Sponsor Agreement by the other, or by the State with regard to the Grant Agreement, shall not operate or be construed as a waiver of any subsequent breach. 13. Dispute Resolution The parties to this Local Project Sponsor Agreement shall meet promptly to address any dispute that may arise and make a good faith effort to negotiate a resolution. The use by any party of any remedy specified herein for the enforcement of this Local Project Sponsor Agreement is not exclusive and shall not deprive any party of, or limit the application of, any other remedy provided by law. 14. Governing Law This Local Project Sponsor Agreement, its construction, and all work performed under it shall be governed by the laws of the State of California. Venue shall be proper only in the Superior Court of Contra Costa County. 15. Severability If any provision of this Local Project Sponsor Agreement is held invalid or unenforceable by a court of final jurisdiction, all other provisions of this Local Project Sponsor Agreement shall remain valid and in force and be construed in such a manner so as to affect the original intent of the parties to the maximum extent possible. 16. Amendment A. Any amendment to the Grant Agreement made pursuant to the Standard Condition D.3 Amendment of the Grant Agreement, including amendment to the terms, requirements, work plan, budget, Local Project Sponsor Agreement for DWR Grant Agreement No. 4600013833 Page 9 of 17 schedule, or exhibits of the Grant Agreement, will thereafter apply in full to this Local Project Sponsor Agreement. If an amendment to the Grant Agreement conflicts with the content of this Local Project Sponsor Agreement, the Local Project Sponsor Agreement shall be amended to remedy such conflicts. B. Excepting any amendment pursuant Section 16(A) above, this Local Sponsor Agreement may be changed only by a written amendment duly signed by all parties to this Local Project Sponsor Agreement. 17. Entire Agreement This Local Project Sponsor Agreement, together with the attachments hereto, is the complete and exclusive statement of understanding between the parties, and supersedes any and all previous understandings or agreements, whether written or oral, and all communications between the parties relating to the subject matter of this Local Project Sponsor Agreement. 18. Termination A. Any breach of this Local Project Sponsor Agreement, as provided under Section 12, may result in termination at the sole discretion of CCWD. CCWD, in its sole discretion, may provide a period to cure any breach not to exceed thirty (30) days. B. A Local Project Sponsor may, at any time and without cause, terminate its individual participation in this Local Project Sponsor Agreement by providing written notice to CCWD of its termination. Notwithstanding any other provision of this Local Project Sponsor Agreement, if an individual Local Project Sponsor terminates its participation in this Local Project Sponsor Agreement, it shall not under any circumstances be responsible or liable for disrupting or discontinuing the disbursement of the State Grant funds allocated to other agencies as described in the Grant Agreement. C. Upon the effectiveness of termination of any Local Project Sponsor’s participation in this Local Project Sponsor Agreement for any reason, that Local Project Sponsor’s remaining allocation of the grant funds, if any, will be redistributed to the remaining parties in accordance with this Local Project Sponsor Agreement and the Grant Agreement. Any Local Project Sponsor terminating its participation in this Local Project Sponsor Agreement, or whose participation was terminated by CCWD, must continue to comply with the reporting obligations to CCWD, as described in Paragraph 5 of this Local Project Sponsor Agreement and in the Grant Agreement. D. This Local Project Sponsor Agreement will remain in full force and effect as to the Local Project Sponsors whose participation in the Local Project Sponsor Agreement is not terminated. E. The provisions of Paragraph 9 and Paragraph 11 in this Local Project Sponsor Agreement shall survive termination of this Local Project Sponsor Agreement and shall remain in force through the later of the termination date of the Grant Agreement or when grant closeout activities are completed. Local Project Sponsor Agreement for DWR Grant Agreement No. 4600013833 Page 10 of 17 19. Successors and Assigns This Local Project Sponsor Agreement and all of its provisions shall apply to and bind the successors and assigns of each and every party to this Local Project Sponsor Agreement. Local Project Sponsors shall not assign their rights or delegate their duties under this Local Project Sponsor Agreement. Any attempted assignment or delegation shall be null and void, and constitute a breach of this Local Project Sponsor Agreement. 20. Priority of Documents The provisions of the Grant Agreement shall prevail over provisions of this Local Project Sponsor Agreement. 21. Counterpart Signatures This Local Project Sponsor Agreement 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 Local Project Sponsor Agreement. Signatures may be exchanged electronically, such as through use of Portable Document Format (PDF), or through the use of DocuSign or similar technology, with the same effect as original, wet signatures. IN WITNESS THEREOF, this Local Project Sponsor Agreement has been executed by the parties hereto: Local Project Sponsor Agreement for DWR Grant Agreement No. 4600013833 Page 11 of 17 CONTRA COSTA WATER DISTRICT By: Jeff Quimby, Assistant General Manager Dated: Local Project Sponsor Agreement for DWR Grant Agreement No. 4600013833 Page 12 of 17 Bethel Island Municipal Improvement District By: Regina Espinoza, District Manager Dated: Local Project Sponsor Agreement for DWR Grant Agreement No. 4600013833 Page 13 of 17 City of Antioch By: Ron Bernal, City Manager Dated: Local Project Sponsor Agreement for DWR Grant Agreement No. 4600013833 Page 14 of 17 City of Brentwood By: Tim Y. Ogden, City Manager Dated: Local Project Sponsor Agreement for DWR Grant Agreement No. 4600013833 Page 15 of 17 Contra Costa County Flood Control & Water Conservation District By: Brian M. Balbas, Chief Engineer Dated: Local Project Sponsor Agreement for DWR Grant Agreement No. 4600013833 Page 16 of 17 Diablo Water District By: Dan Muelrath, General Manager Dated: Local Project Sponsor Agreement for DWR Grant Agreement No. 4600013833 Page 17 of 17 Attachment A DWR Grant Agreement GRANT AGREEMENT BETWEEN THE STATE OF CALIFORNIA (DEPARTMENT OF WATER RESOURCES) AND CONTRA COSTA WATER DISTRICT AGREEMENT NUMBER 4600013833 PROPOSITION 1 ROUND 1 INTEGRATED REGIONAL WATER MANAGEMENT (IRWM) IMPLEMENTATION GRANT THIS GRANT AGREEMENT is entered into by and between the Department of Water Resources of the State of California, herein referred to as the "State" or “DWR,” and the Contra Costa Water District, a public agency in the State of California, duly organized, existing, and acting pursuant to the laws thereof, herein referred to as the "Grantee," which parties do hereby agree as follows: 1) PURPOSE. The State shall provide funding from the Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1) to the Grantee to assist in financing the projects, which are included in and implemented in an adopted Integrated Regional Water Management Plan (IRWM Plan), pursuant to Chapter 7. Regional Water Security, Climate, and Drought Preparedness (Wat. Code, § 79740 et seq.). The provision of State funds pursuant to this Agreement shall be construed or interpreted to mean that the IRWM Plan, or any components of the IRWM Plan, implemented in accordance with the Work Plan as set forth in Exhibit A, has been adopted through the IRWM Plan Review Process, and is/are consistent with Water Code section 10530 et seq. 2) TERM OF GRANT AGREEMENT. The term of this Grant Agreement begins on June 27, 2020 through final payment plus three (3) years unless otherwise terminated or amended as provided in this Grant Agreement. However, all work shall be completed by June 30, 2024, in accordance with the Schedule as set forth in Exhibit C and no funds may be requested after September 30, 2024. 3) GRANT AMOUNT. The maximum amount payable by the State under this Grant Agreement shall not exceed $2,700,000.00. 4) GRANTEE COST SHARE. The Grantee is required to provide a Local Cost Share (non-state funds) as set forth in Exhibit B (Budget). Local Cost Share may include Eligible Project Costs directly related to Exhibit A incurred after January 1, 2015. 5) BASIC CONDITIONS. A. Unless exempt as per the 2019 IRWM Implementation Grant Proposal Solicitation Package, project(s) that are subject to the California Environmental Quality Act (CEQA) including final land purchases, shall not be included in this Agreement until the CEQA process is completed and all permits necessary to begin construction are acquired. Projects providing at least 75% of benefits to a disadvantaged community (DAC), economically distressed area (EDA), and/or Tribe (based on population or geography), or projects implemented by Tribes will be exempt from this requirement. i. Such projects will be included in the Agreement as a placeholder. Placeholder projects are not eligible for grant reimbursement and may not submit invoices to DWR until such time as they are fully included in the Agreement. ii. Placeholder projects that complete CEQA and/or acquire permits (necessary to begin construction) within eighteen (18) months of the agreement execution date will be amended into the agreement. At the end of the eighteen (18)-month term, any placeholder projects that fail to complete CEQA and/or acquire permits will be deleted from the Agreement. The total grant award will be reduced by the amount of the deleted project(s). Replacement projects will not be allowed. Reduced amount will be made available to the respective Funding Area in future funding rounds on a competitive basis. Deleted placeholder projects will not be eligible to receive any grant reimbursement under this Agreement; however, such project could be eligible under the next round of grant solicitation. B. The State shall have no obligation to disburse money for the Project(s) under this Grant Agreement until the Grantee has satisfied the following conditions (if applicable): DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 2 of 54 i. The Grantee shall demonstrate compliance with all eligibility criteria as set forth on pages 9-11, inclusive, of the 2019 IRWM Implementation Grant Program Guidelines (2019 Guidelines). ii. For the term of this Agreement, the Grantee shall submit Quarterly Progress Reports which must accompany an invoice and all invoice backup documentation ($0 Invoices are acceptable). The Quarterly Progress Report shall be submitted within 60 days following the end of the calendar quarter (i.e. reports due May 30, August 29, November 29, and March 1) and all other deliverables as required by Paragraph 14, “Submission of Reports” and Exhibit A, “Work Plan”. iii. Prior to the commencement of construction or implementation activities, if applicable, the Grantee shall submit the following to the State. 1. Final plans and specifications certified, signed and stamped by a California Registered Civil Engineer (or equivalent registered professional as appropriate) to certify compliance for each approved project as listed in Exhibit A of this Grant Agreement. 2. Work that is subject to the California Environmental Quality Act (CEQA) (including final land purchases) shall not proceed under this Grant Agreement until the following actions are performed: a) The Grantee submits to the State all applicable environmental permits, as indicated on the Environmental Information Form to the State, b) Documents that satisfy the CEQA process are received by the State, c) The State has completed its CEQA process as a Responsible Agency, and d) The Grantee receives written notification from the State of concurrence with the Lead Agency’s CEQA documents (s) and State’s notice of verification of environmental permit submittal. The State’s concurrence of Lead Agency’s CEQA documents is fully discretionary and shall constitute a condition precedent to any work (i.e., construction or implementation activities) for which it is required. Once CEQA documentation has been completed, the State will consider the environmental documents and decide whether to continue to fund the project, or to require changes, alterations, or other mitigation. Proceeding with work subject to CEQA prior to the State’s concurrence shall constitute a material breach of this Agreement. The Grantee or Local Project Sponsor (LPS) shall also demonstrate that it has complied with all applicable requirements of the National Environmental Policy Act (NEPA) by submitting copies of any environmental documents, includin g Environmental Impact Statements, Finding of No Significant Impact, mitigation monitoring programs, and environmental permits as may be required prior to beginning construction/ implementation. iv. A monitoring plan as required by Paragraph 16, “Monitoring Plan Requirements,” if applicable. 6) DISBURSEMENT OF FUNDS. The State will disburse to the Grantee the amount approved, subject to the availability of funds through normal State processes. Notwithstanding any other provision of this Grant Agreement, no disbursement shall be required at any time or in any manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations, or which may require any rebates to the federal government, or any loss of tax-free status on state bonds, pursuant to any federal statute or regulation. Any and all money disbursed to the Grantee under this Grant Agreement shall be deposited in a non - interest bearing account and shall be used solely to pay Eligible Project Costs. 7) ELIGIBLE PROJECT COST. The Grantee shall apply State funds received only to Eligible Project Costs in accordance with applicable provisions of the law and Exhibit B , “Budget”. Eligible Project Costs include the reasonable costs of studies, engineering, design, land and easement acquisition and associated legal fees, preparation of environmental documentation, environmental mitigations, monitoring, and project construction. Reimbursable administrative expenses are the necessary costs incidental but directly related DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 3 of 54 to the Project included in this Agreement. Costs incurred after June 26, 2020 may be eligible for reimbursement. Costs that are not eligible for reimbursement include, but are not limited to, the following items: A. Costs, other than those noted above, incurred prior to the award date of this Grant. B. Costs for preparing and filing a grant application. C. Operation and maintenance costs, including post construction performance and monitoring costs. D. Purchase of equipment that is not an integral part of a project. E. Establishing a reserve fund. F. Purchase of water supply. G. Replacement of existing funding sources for ongoing programs. H. Meals, food items, or refreshments. I. Payment of any punitive regulatory agency requirement, federal or state taxes. J. Purchase of land in excess of the minimum required acreage necessary to operate as an integral part of a project, as set forth and detailed by engineering and feasibi lity studies, or acquisition of land by eminent domain. K. Overhead and Indirect Costs. “Indirect Costs” means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the funded project (i.e., costs that are not directly related to the funded project). Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Grantee or LPSs; non-project-specific accounting and personnel services performed within the Grantee’s or LPS’ organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non-project-specific facilities; tuition and conference fees; forums, trainings, and seminars; and, generic overhead or markup. This prohibition applies to the Grantee, LPSs, and any subcontract or sub-agreement for work on the Project that will be reimbursed pursuant to this Agreement. L. Mitigation for environmental impacts not resulting from implementation of the Project funded by this program. 8) METHOD OF PAYMENT. After the disbursement requirements in Paragraph 5, “Basic Conditions” are met, the State will disburse the whole or portions of State funding to the Grantee, following receipt from the Grantee of an electronic invoice certified and transmitted via electronic/digital signature system (e.g., DocuSign) or via US mail or Express mail delivery of a “wet signature” for costs incurred, including Local Cost Share, and timely Quarterly Progress Reports as required by Paragraph 14, “Submission of Reports.” Payment will be made no more frequently than quarterly, in arrears, upon receipt of an invoice bearing the Grant Agreement number. Quarterly Progress Report must accompany an invoice ($0 Invoices are acceptable) and shall be submitted within 60 days following the end of the calendar quarter (i.e. invoices due May 30, August 29, November 29, and March 1). The State will notify the Grantee, in a timely manner, whenever, upon review of an invoice, the State determines that any portion or portions of the costs claimed are not eligible costs or is not supported by documentation or receipts acceptable to the State. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to the State to cure such deficiency(ies). If the Grantee fails to submit adequate documentation curing the deficiency(ies), the State will adjust the pending invoice by the amount of ineligible or unapproved costs. DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 4 of 54 Invoices submitted by the Grantee shall include the following information: A. Costs incurred for work performed in implementing the Project during the period identified in the particular invoice. B. Costs incurred for any interests in real property (land or easements) that have been necessarily acquired for a project during the period identified in the particular invoice for the implementation of a project. C. Invoices shall be submitted on forms provided by the State and shall meet the following format requirements: i. Invoices shall contain the date of the invoice, either the time period covered by the invoice or the invoice date received within the time period covered, and the total amount due. ii. Invoices shall be itemized based on the categories (i.e., tasks) specified in Exhibit B, “Budget.” The amount claimed for salaries/wages/consultant fees shall include a calculation formula (i.e., hours or days worked times the hourly or daily rate = the total amount claimed). iii. One set of sufficient evidence (i.e., receipts, copies of checks, personnel hours’ summary table, time sheets) shall be provided for all costs included in the invoice. iv. Each invoice shall clearly delineate those costs claimed for reimbursement from the State’s funding amount, as depicted in Paragraph 3, “Grant Amount” and those costs that represent the Grantee’s costs, as applicable, in Paragraph 4, “Grantee Cost Share.” v. Original signature and date of the Grantee’s Project Representative. Submit an electronic invoice, certified and transmitted via electronic/digital signature system (e.g., DocuSign), from authorized representative to the Project Manager or the original “wet signature” copy of the invoice form to the Project Manager at the following address: P.O. Box 942836, Sacramento, CA 94236-0001. All invoices submitted shall be accurate and signed under penalty of law. Any and all costs submitted pursuant to this Agreement shall only be for the tasks set forth herein. The Grantee shall not submit any invoice containing costs that are ineligible or have been reimbursed from other funding sources unless required and specifically noted as such (i.e., cost share). Any eligible costs for which the Grantee is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing f or time, services, or any other eligible cost is illegal and constitutes fraud. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements of grant funds and/or termination of this Agreement requiring the repayment of all funds disbursed hereunder plus interest. Additionally, the State may request an audit pursuant to Paragraph D.5 and refer the matter to the Attorney General’s Office or the appropriate district attorney’s office for criminal prosecution or the imposition of civil liability. (Civ. Code, §§ 1572-1573; Pen. Code, §§ 470, 487-489.) 9) ADVANCED PAYMENT. Water Code section 10551 authorizes advanced payment by the State for projects included and implemented in an applicable Integrated Regional Water Management Plan, and when the project proponent is a nonprofit organization; a disadvantaged community (DAC); or the project benefits a DAC. If a project is awarded less than $1,000,000 in grant funds, the project proponent may receive an advanced payment of fifty (50) percent of the grant award; the remaining fifty (50) percent of the grant award will be reimbursed in arrears after the advanced funds of a budget category have been fully expended. Within ninety (90) calendar days of execution of the Grant Agreement, the Grantee may provide the State an Advanced Payment Request. Advanced Payment Requests received ninety-one (91) calendar days after the execution of this Agreement will not be eligible to receive an advanced payment. The Advanced Payment Request shall contain the following: A. Documentation demonstrating that each Local Project Sponsor (if different from the Grantee, as listed in Exhibit I) was notified about their eligibility to receive an advanced payment and a response from the Local Project Sponsor stating whether it wishes to receive the advanced payment or not. DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 5 of 54 B. If the Grantee is requesting the advanced payment, the request(s) shall include: i. Descriptive information of each project with an update on project status ii. The names of the entities that will receive the funding for each project, including, but not limited to, an identification as to whether the project proponent or proponents are nonprofit organizations or a DAC, or whether the project benefits a DAC iii. A detailed Funding Plan which includes how the advanced payment will be expended (in terms of workplan, budget, and schedule) within the timeframe agreed upon by DWR and the Grantee. The Funding Plan must clearly identify the total budget (at Budget Category Level) for each project clearly showing the portion of advanced payment and reimbursement funds. iv. Any other information that DWR may deem necessary C. Upon review and approval of the Advanced Payment Request, DWR will authorize payment of the fully requested amount for the qualified project(s). Based on the project’s Funding Plan and other considerations, DWR may determine it is not prudent to advance the full request in a single disbursement. In such a case, DWR will develop a “Disbursement Schedule,” to disburse funds in installments. This Disbursement Schedule may change based on the project’s ongoing compliance with the Advanced Payment requirements and the project’s cash flow needs. D. Once DWR authorizes the Advanced Payment Request, the Grantee shall submit Advanced Payment Invoice(s) for the initial amount based on the “Disbursement Schedule” on behalf of the LPS(s), containing the request for each qualified project, to the State with signature and date of the Grantee’s Project Representative, as indicated in Paragraph 21, “Project Representative.” The Grantee shall be responsible for the timely distribution of the advanced funds to the respective LPS(s). The Advanced Payment Invoice(s) shall be submitted on forms provided by the State and shall meet the following format requirements: i. Invoice shall contain the date of the invoice, the time period covered by the invoice, and the total amount due. ii. Invoice shall be itemized based on the budget categories specified in Exhibit B, “Budget.” iii. The State Project Manager will notify the Grantee, in a timely manner, when, upon review of an Advance Payment Invoice, the State determines that any portion or portions of the costs claimed are not eligible costs. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies). iv. On a quarterly basis, the Grantee will submit an Accountability Report to the State that demonstrates how actual expenditures compare with the scheduled budget. The Accountability Report shall include the following information: 1. An itemization of how advanced funds have been spent to-date (Expenditure Report), including documentation that supports the disbursements (e.g., contractor invoices, receipts, personnel hours, etc.). Accountability Reports shall be itemized based on the budget categories (i.e., tasks) specified in Exhibit B. 2. An updated Accountability Report including an updated Funding Plan that depicts how the remaining advanced funds will be expended and the activities and deliverables associated with the advanced funds within the timeframe agreed upon by DWR and the Grantee when the advanced payment request was approved. DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 6 of 54 3. Documentation that the funds were placed in a non-interest bearing account, including the dates of deposits and withdrawals from that account. 4. Proof of distribution of advanced funds to LPS(s), if applicable. v. The State’s Project Manager will notify the Grantee, in a timely manner, when, upon review of the Accountability Report, the State determines that any portion of the expenditures claimed are not eligible costs. The Grantee may, within thirty (30) calendar days of the date of receipt of such notice, submit additional documentation to cure such deficiency(ies). If costs are not consistent with the tasks in Exhibit A, the State will reject the claim and remove them from the Accountability Report. E. Once the Grantee has spent all advanced funds in a budget category, then the method of payment will revert to the reimbursement process for that budget category specified in Paragraph 8, “Method of Payment for Reimbursement.” 10) REPAYMENT OF ADVANCES. The State may demand repayment from the Grantee of all or any portion of the advanced State funding along with interest at the California general obligation bond interest rate at the time the State notifies the Grantee, as directed by the State, and take any other action that it deems necessary to protect its interests for the following conditions: A. A project is not being implemented in accordance with the provisions of the Grant Agreement. B. The Grantee has failed in any other respect to comply with the prov isions of this Grant Agreement, and if the Grantee does not remedy any such failure to the State’s satisfaction. C. Failure by the Grantee to submit complete and accurate quarterly Accountability Reports by the required due dates, unless otherwise approved by DWR. D. Failure to deposit funds in a non-interest-bearing account. E. Use of Advance Payment funds for ineligible expenses and/or activities not consistent with this Agreement. F. Inappropriate use of funds, as deemed by DWR. G. Repayment amounts may also include: i. Actual costs incurred which are not consistent with the activities presented in Exhibit A, not supported, or are ineligible. ii. Advanced funds which are not fully expended by project completion, notwithstanding Water Code section 10551(c)(4). Unused grant funds shall be returned to DWR within sixty (60) calendar days. Any repayment of advanced funds may consist of reducing the amount from future reimbursement invoices. The State may consider the Grantee’s refusal to repay the requested advanced amount a material breach of this Agreement subject to the default provisions in Paragraph 12, “Default Provisions.” If the State notifies the Grantee of its decision to demand repayment or withhold the entire funding amount from the Grantee pursuant to this Paragraph, this Grant Agreement shall terminate upon receipt of such notice by the Grantee and the State shall no longer be required to provide funds under this Agreement. 11) WITHHOLDING OF DISBURSEMENTS BY THE STATE. If the State determines that a project is not being implemented in accordance with the provisions of this Grant Agreement, or that the Grantee has failed in any other respect to comply with the provisions of this Grant Agreement, and if the Grantee does not remedy any such failure to the State’s satisfaction, the State may withhold from the Grantee all or any portion of the State funding and take any other action that it deems necessary to protect its interests. Where a portion of the State funding has been disbursed to the Grantee and the State notifies the Grantee of its decision not to release funds that have been withheld pursuant to Paragraph 12, “Default DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 7 of 54 Provisions,” the portion that has been disbursed shall thereafter be repaid immediately with interest at the California general obligation bond interest rate at the time the State notifies the Grantee, as directed by the State. The State may consider the Grantee’s refusal to repay the requested disbursed amount a material breach subject to the default provisions in Paragraph 12, “Default Provisions.” If the State notifies the Grantee of its decision to withhold the entire funding amount from the Grantee pursuant to this Paragraph, this Grant Agreement shall terminate upon receipt of such notice by the Grantee and the State shall no longer be required to provide funds under this Grant Agreement and the Grant Agreement shall no longer be binding on either party. 12) DEFAULT PROVISIONS. The Grantee shall be in default under this Grant Agreement if any of the following occur: A. Substantial breaches of this Grant Agreement, or any supplement or amendment to it, or any other agreement between the Grantee and the State evidencing or securing the Grantee’s obligations; B. Making any false warranty, representation, or statement with respect to this Grant Agre ement or the application filed to obtain this Grant Agreement; C. Failure to operate or maintain the Project in accordance with this Grant Agreement. D. Failure to make any remittance required by this Grant Agreement, including any remittance recommended as the result of an audit conducted pursuant to Paragraph D.5. E. Failure to submit quarterly progress reports pursuant to Paragraph 5. F. Failure to routinely invoice the State pursuant to Paragraph 8. G. Failure to meet any of the requirements set forth in Paragraph 13, “Continuing Eligibility.” Should an event of default occur, the State shall provide a notice of default to the Grantee and shall give the Grantee at least ten (10) calendar days to cure the default from the date the notice is sent via first - class mail to the Grantee. If the Grantee fails to cure the default within the time prescribed by the State, the State may do any of the following: H. Declare the funding be immediately repaid, with interest, which shall be equal to State of California general obligation bond interest rate in effect at the time of the default. I. Terminate any obligation to make future payments to the Grantee. J. Terminate the Grant Agreement. K. Take any other action that it deems necessary to protect its interests. In the event the State finds it necessary to enforce this provision of this Grant Agreement in the manner provided by law, the Grantee agrees to pay all costs incurred by the State including, but not limited to, reasonable attorneys' fees, legal expenses, and costs. 13) CONTINUING ELIGIBILITY. The Grantee shall meet the following ongoing requirement(s) and all eligibility criteria outlined in the 2019 Guidelines to remain eligible to receive State funds: A. An urban water supplier that receives grant funds pursuan t to this Agreement shall maintain compliance with the Urban Water Management Planning Act (UWMP; Wat. Code, § 10610 et seq.) and Sustainable Water Use and Demand Reduction (Wat. Code, § 10608 et seq.) as set forth on page 11 of the 2019 Guidelines and as stated on page 22 of the Proposal Solicitation Package. B. An agricultural water supplier receiving grant funds shall comply with Sustainable Water Use and Demand Reduction requirements outlined in Water Code section 10608, et seq. and have their Agricultural Water Management Plan (AWMP) deemed consistent by DWR. To maintain eligibility and continue funding disbursements, an agricultural water supply shall have their 2015 AWMP identified on the State’s website. For more information, visit the website listed in Appendix A in the 2019 Guidelines. DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 8 of 54 C. A surface water diverter receiving grant funds shall maintain compliance with diversion reporting requirements as outlined in Water Code section 5100 et. seq. D. If applicable, the Grantee shall demonstrate compliance with the Sustainable Groundwater Management Act (SGMA) set forth on page 10 of the 2019 Guidelines. E. If the Grantee has been designated as a monitoring entity under the California Statewide Groundwater Elevation Monitoring (CASGEM) Program, the Grantee shall maintain reporting compliance, as required by Water Code section 10932 and the CASGEM Program. F. The Grantee shall adhere to the protocols developed pursuant to The Open and Transparent Water Data Act (Wat. Code, § 12406, et seq.) for data sharing, transparency, documentation, and quality control. 14) SUBMISSION OF REPORTS. The submittal and approval of all reports is a requirement for the successful completion of this Grant Agreement. Reports shall meet generally accepted professional standards for technical reporting and shall be proofread for content, numerical accuracy, spelling, and grammar prior to submittal to the State. All reports shall be submitted to the State’s Project Manager and shall be submitted via the DWR “Grant Review and Tracking System” (GRanTS). If requested, the Grantee shall promptly provide any additional information deemed necessary by the State for the approval of reports. Reports shall be presented in the formats described in the applicable portion of Exhibit F, “Report Formats and Requirements.” The timely submittal of reports is a requirement for initial and continued disbursement of State funds. Submittal and subsequent approval by the State of a Project Completion Report is a requirement for the release of any funds retained for such project. A. Quarterly Progress Reports: The Grantee shall submit quarterly Progress Reports to meet the State’s requirement for disbursement of funds. Progress Reports shall be uploaded via GRanTS, and the State’s Project Manager notified of upload. Progress Reports shall, in part, provide a brief description of the work performed, the Grantee’s activities, milestones achieved, any accomplishments and any problems encountered in the performance of the work under this Grant Agreement during the reporting period. The first Progress Report must accompany an invoice ($0 Invoices are acceptable) and shall be submitted within 60 days following the end of the calendar quarter (i.e. invoices due May 30, August 29, November 29, and March 1). B. Accountability Report: The Grantee shall prepare and submit to the State an Accountability Report on a quarterly basis if the Grantee received an advanced payment, consistent with the provisions in Paragraph 9, “Advanced Payment.” C. Project Completion Report: The Grantee shall prepare and submit to the State a separate Project Completion Report for each project included in Exhibit A. The Grantee shall submit a Project Completion Report (or a Component Completion Report, if a Project has multiple Components) within ninety (90) calendar days of Project/Component completion as outlined in Exhibit F. D. Grant Completion Report: Upon completion of all the Projects included in Exhibit A, the Grantee shall submit to the State a Grant Completion Report. The Grant Completion Report shall be submitted within ninety (90) calendar days of submitting the Completion Report for the final project to be completed under this Grant Agreement, as outlined in Exhibits A, and F. Retention for any grant administration line items in the Budget of this Grant Agreement will not be disbursed until the Grant Completion Report is approved by the State. E. Post-Performance Reports: The Grantee shall prepare and submit to the State Post-Performance Reports for the applicable project(s). Post-Performance Reports shall be submitted to the State within ninety (90) calendar days after the first operational year of a project has elapsed. This record keeping and reporting process shall be repeated annually for a total of three (3) years after the project begins operation. DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 9 of 54 15) OPERATION AND MAINTENANCE OF PROJECT. For the useful life of construction and implementation projects and in consideration of the funding made by the State, the Grantee agrees to ensure or cause to be performed the commencement and continued operation of the project, and shall ensure or cause the project to be operated in an efficient and economical manner; shall ensure all repairs, renewals, and replacements necessary to the efficient operation of the same are provided; and shall ensure or cause the same to be maintained in as good and efficient condition as upon its construction, ordinary and reasonable wear and depreciation excepted. The State shall not be liable for any cost of such maintenance, management, or operation. The Grantee or their successors may, with the written approval of the State, transfer this responsibility to use, manage, and maintain the property. For purposes of this Grant Agreement, “useful life” means period during which an asset, property, or activity is expected to be usable for the purpose it was acquired or implemented; “operation costs” include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses, and “maintenance costs” include ordinary repairs and replacements of a recurring nature necessary for capital assets and basic structures and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. Refusal by the Grantee to ensure operation and maintenance of the projects in accordance with this provision may, at the option of the State, be considered a breach of this Grant Agreement and may be treated as default under Paragraph 12, “Default Provisions.” 16) MONITORING PLAN REQUIREMENTS. A Monitoring Plan shall be submitted to the State prior to disbursement of State funds for construction or monitoring activities. The Monitoring Plan should incorporate Post-Performance Monitoring Report requirements as defined and listed in Exhibit F, and follow the guidance provided in Exhibit J, “Project Monitoring Plan Guidance.” 17) STATEWIDE MONITORING REQUIREMENTS. The Grantee shall ensure that all groundwater projects and projects that include groundwater monitoring requirements are consistent with the Groundwater Quality Monitoring Act of 2001 (Water Code § 10780 et seq.) and, where applicable, that projects that affect water quality shall include a monitoring component that allows the integration of data into statewide monitoring efforts, including where applicable, the Surface Water Ambient Monitoring Program carried out by the State Water Resources Control Board. See Exhibit G for web links and information regarding other State monitoring and data reporting requirements. 18) NOTIFICATION OF STATE. The Grantee shall promptly notify the State, in writing, of the following items: A. Events or proposed changes that could affect the scope, budget, or work performed under this Grant Agreement. The Grantee agrees that no substantial change in the scope of a project will be undertaken until written notice of the proposed change has been provided to the State and the State has given written approval for such change. Substantial changes generally include changes to the scope of work, schedule or term, and budget. B. Any public or media event publicizing the accomplishments and/or results of this Grant Agreement and provide the opportunity for attendance and participation by the State’s representatives. The Grantee shall make such notification at least fourteen (14) calendar days prior to the event. C. Discovery of any potential archaeological or historical resource. Should a potential archaeological or historical resource be discovered during construction, the Grantee agrees that all work in the area of the find shall cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the State has determined what actions should be taken to protect and preserve the resource. The Grantee agrees to implement approp riate actions as directed by the State. D. The initiation of any litigation or the threat of litigation against the Grantee or an LPS regarding the Project or which may affect the Project in any way. E. Applicable to construction projects only: Final inspection of the completed work on a project by a Registered Professional (Civil Engineer, Engineering Geologist, or other State approved certified/licensed Professional), in accordance with Exhibit D. The Grantee shall notify the State’s DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 10 of 54 Project Manager of the inspection date at least fourteen (14) calendar days prior to the inspection in order to provide the State the opportunity to participate in the inspection. 19) NOTICES. Any notice, demand, request, consent, or approval that either party desires or is required to give to the other party under this Grant Agreement shall be in writing. Notices may be transmitted by any of the following means: A. By delivery in person. B. By certified U.S. mail, return receipt requested, postage prepaid. C. By “overnight” delivery service; provided that next-business-day delivery is requested by the sender. D. By electronic means. E. Notices delivered in person will be deemed effective immediately on receipt (or refusal of delivery or receipt). Notices sent by certified mail will be deemed effective given ten (10) calendar days after the date deposited with the U.S. Postal Service. Notices sent by overnight delivery service will be deemed effective one business day after the date deposited with the delivery service. Notices sent electronically will be effective on the date of transmission, which is documented in writing. Notices shall be sent to the addresses listed below. Either party may, by written notice to the other, designate a different address that shall be substituted for the one below. 20) PERFORMANCE EVALUATION. Upon completion of this Grant Agreement, the Grantee’s performance will be evaluated by the State and a copy of the evaluation will be placed i n the State file and a copy sent to the Grantee. 21) PROJECT REPRESENTATIVES. The Project Representatives during the term of this Grant Agreement are as follows: Department of Water Resources Contra Costa Water District Arthur Hinojosa Chief, Division of Regional Assistance P.O. Box 942836 Sacramento, CA 94236-0001 Phone: (916) 653-4736 Email: Arthur.Hinojosa@water.ca.gov Stephen J. Welch General Manager P.O. Box H20 Concord, CA 94524 Phone: (925) 688-8000 Email: swelch@ccwater.com Direct all inquiries to the Project Manager: Department of Water Resources Contra Costa Water District Desiree Ramirez Environmental Scientist P.O Box 942836 Sacramento, CA 94236 Phone: (916) 653-0975 Email: desiree.ramirez@water.ca.gov Maggie Dutton Grants Specialist P.O. Box H20 Concord, CA 94524 Phone: (925) 688-8132 Email: mdutton@ccwater.com Either party may change its Project Representative or Project Manager upon written notice to the other party. DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 11 of 54 22) STANDARD PROVISIONS. This Grant Agreement is complete and is the final Agreement between the parties. The following Exhibits are attached and made a part of this Grant Agreement by this reference: Exhibit A – Work Plan Exhibit B – Budget Exhibit C – Schedule Exhibit D – Standard Conditions Exhibit E – Authorizing Resolution Exhibit F – Report Formats and Requirements Exhibit G – Requirements for Data Submittal Exhibit H – State Audit Document Requirements for the Grantee Exhibit I – Local Project Sponsors and Project Locations Exhibit J – Project Monitoring Plan Guidance IN WITNESS WHEREOF, the parties hereto have executed this Grant Agreement. STATE OF CALIFORNIA DEPARTMENT OF WATER RESOURCES CONTRA COSTA WATER DISTRICT Arthur Hinojosa Chief, Division of Regional Assistance Stephen J. Welch General Manager Date Date DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA 6/4/20216/4/2021 Grant Agreement No. 4600013833 Page 12 of 54 EXHIBIT A WORK PLAN PROPOSITION 1 ROUND 1 EAST CONTRA COSTA COUNTY IRWM IMPLEMENTATION GRANT Grant Administration IMPLEMENTING AGENCY: Contra Costa Water District DESCRIPTION: The Grantee will administer these funds and respond to DWR’s reporting and compliance requirements associated with the grant administration. This office will act in a coordination role: disseminating grant compliance information to the project managers responsible for implementing the projects contained in this Agreement, obtaining and retaining evidence of compliance (e.g., CEQA/NEPA documents, reports, monitoring compliance documents, labor requirements, etc.), obtaining data for progress reports from individual project managers, assembling and submitting progress reports to the State, and coordinating all invoicing and payment of invoices. Budget Category (a): Project Administration Task 1: Agreement Administration The Grantee will respond to DWR’s reporting and compliance requirements associated with the grant administration and will coordinate with the project managers responsible for implementing the projects contained in this Agreement. Task 2: Invoicing The Grantee will be responsible for compiling invoices for submittal to DWR. This includes collecting invoice documentation from each of the Local Project Sponsors and compiling the information into a DWR Invoice Packet. Deliverables: • Quarterly Invoices and associated backup documentation Task 3: Reporting The Grantee will be responsible for compiling progress reports for submittal to DWR. The Grantee will coordinate with Local Project Sponsor staff to retain consultants as needed to prepare and submit progress reports and final project completion reports for each project, as well as the grant completion report. Reports will meet generally accepted professional standards for technical reporting and the requirements terms of the contract with DWR outlined in Exhibit F of this Agreement. Deliverables: • Quarterly Progress Reports • Grant Completion Report DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 13 of 54 PROJECT 1: West Antioch Creek Flood Conveyance Mitigation and Restoration IMPLEMENTING AGENCY: City of Antioch PROJECT DESCRIPTION: This project will remove approximately 30,000 cubic yards of accumulated debris, vegetation, and sediment from the lower reaches of the West Antioch Creek, restoring it to its original design and conveyance capacity of 25-year level flood protection. The project will reduce annual flooding and associated damages to approximately 5.1 acres, significantly reducing the public health threat to an adjacent Disadvantaged Community caused by chronic flooding. Additionally, the project will provide water quality and habitat protection benefits by reducing flood-related debris and pollutant loading in the West Antioch Creek, which flows directly to New York Slough and the San Joaquin River. Budget Category (a): Project Administration Task 1: Project Management Manage Grant Agreement including compliance with grant requirements, and preparation and submission of supporting grant documents and coordination with the Grantee. Prepare invoices including relevant supporting documentation for submittal to DWR via the Grantee. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors. Deliverables: • Invoices and associated backup documentation Task 2: Reporting Prepare progress reports detailing work completed during reporting period as outlined in Exhibit F of this Agreement. Submit reports to DWR. Prepare Project Completion Report and submit to DWR no later than 90 days after project completion for DWR Project Manager’s comment and review. The report shall be prepared and presented in accordance with guidance as outlined in Exhibit F. Deliverables: • Quarterly Project Progress Reports • Final Project Completion Report • Documentation (e.g., photo) of “Acknowledgment of Credit & Signage” per Standard Condition D.2 Budget Category (b): Land Purchase/Easement Task 3: Land Purchase – Not Applicable No land purchase or easement acquisition is required for this project. Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies A Project Feasibility Study was completed as part of the project development process. This task is outside of the grant funded project but included for technical review before construction. Deliverables: • Relevant Feasibility Study DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 14 of 54 Task 5: CEQA Documentation A Notice of Determination for a Mitigated Negative Declaration was filed for this project with the Office of Planning and Research in August of 2015. Prepare letter stating no legal challenges (or addressing legal challenges). Deliverables: • All completed CEQA documents as required • Legal Challenges Letter Task 6: Permitting Coordinate with State and Federal Agencies to ensure regulatory compliance. Obtain all necessary federal, state, and local permits. Permits may include a Clean Water Act 404 Permit from U.S. Army Corps of Engineers, a Biological Opinion – Section 7 from U.S. Fish and Wildlife Service, a Section 1600 - Streambed Alteration from California Department of Fish and Wildlife, and a 401 Water Quality Certification from the Regional Water Quality Control Board. Additional permits may be required and will be obtained as necessary. Deliverables: • Copy of all required permits Task 7: Design Complete 100% (Final) design plans and specifications. This task is funded outside of the grant but included for technical review. Deliverables: • 100% Design Plans and Specifications Task 8: Project Monitoring Plan Develop and submit a Project Monitoring Plan per Paragraph 16 for DWR’s review and approval. Deliverables: • Project Monitoring Plan Budget Category (d): Construction/Implementation Task 9: Contract Services This task must comply with the Standard Condition D.11 – Competitive Bidding and Procurements. Activities necessary (as applicable) to secure a contractor and award the contract, including: develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct pre-bid meeting, bid opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed. Deliverables: • Bid Documents • Proof of Advertisement • Award of Contract • Notice to Proceed DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 15 of 54 Task 10: Construction Administration This task includes managing contractor submittal review, answering requests for information, and issuing work directives. A full-time engineering construction observer will be on site for the duration of the project. Construction observer duties include documenting of pre-construction conditions, daily construction diary, preparing change orders, addressing questions of contractors on site, reviewing/updating project schedule, reviewing contractor log submittals and pay requests, forecasting cash flow, notifying contractor if work is not acceptable. Upon completing the project, the DWR Certificate of Project Completion and record drawings will be provided to DWR. Deliverables: • DWR Certificate of Project Completion • Notice of Completion • Record Drawings Task 11: Construction Construction activities are outlined below. All work will be performed under the supervision of a qualified Biologist. 11(a): Mobilization and Demobilization: includes set up of construction staging area and site security. 11(b): Site preparation will include designating material storage areas; setting up traffic control; and other applicable preliminary activities. 11(c): Dredging of 3,000 linear feet of the West Antioch Creek using specialized equipment with biodegradable oil and fuel to prevent possible contamination. Includes removal of invasive cattail species. Scope will not include dewatering or grading plan and will consist only of dredging. 11(d): Onsite restoration and mitigation. Perform grading and install hydroseeding and plants to create habitat for wildlife. Specific restoration activities will be determined once permitting activities are completed. Deliverables: • Photographic Documentation of Progress DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 16 of 54 PROJECT 2: Bethel Island Multi-Benefit and Integrated Stormwater Project IMPLEMENTING AGENCY: Bethel Island Municipal Improvement District (BIMID) PROJECT DESCRIPTION: This project will prepare technical studies, as a part of a Feasibility Study effort, that will serve as a Decision Support Tool to assist BIMID in project alternative selection, project planning, and project development. Of the potential future alternatives identified using the Decision Support Tool, the alternative would provide up to 70-acre feet per year (AFY) of stormwater reduction benefits and increase flood protection to the DAC of Bethel Island. Budget Category (a): Project Administration Task 1: Project Management Manage Grant Agreement including compliance with grant requirements, and preparation and submission of supporting grant documents and coordination with the Grantee. Prepare invoices including relevant supporting documentation for submittal to DWR via the Grantee. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors. Deliverables: • Invoices and associated backup documentation Task 2: Reporting Prepare progress reports detailing work completed during reporting period as outlined in Exhibit F of this Agreement. Submit reports to DWR. Prepare Project Completion Report and submit to DWR no later than 90 days after project completion for DWR Project Manager’s comment and review. The report shall be prepared and presented in accordance with guidance as outlined in Exhibit F. Deliverables: • Quarterly Project Progress Reports • Project Completion Report • Documentation (e.g., photo) of “Acknowledgment of Credit & Signage” per Standard Condition D.2 Budget Category (b): Land Purchase/Easement Task 3: Land Purchase – Not Applicable No land purchase or easement acquisition is required for this project. Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Technical Studies Several technical studies will be completed as part of the project development process, which may include hydrology and hydraulics, drainage, and a biological assessment. The technical studies will be components of a Feasibility Study that will serve as a Decision Support Tool by evaluating the island’s overall stormwater management system and will evaluate potential project alternatives such as, but not limited to, pump station rehabilitation or replacement, drainage network/ditch improvement, and creation of stormwater detention basin. DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 17 of 54 Deliverables: • Feasibility Study Task 5: CEQA Documentation Complete environmental review pursuant to CEQA. Prepare all necessary environmental documentation . Prepare letter stating no legal challenges (or addressing legal challenges). Deliverables: • All completed CEQA documents as required • Legal Challenges Letter Task 6: Permitting Obtain all necessary federal, state, and local permits. Permits may include a Waste Discharge Requirement from the Regional Water Quality Control Board, Delta Stewardship Council, and County Roadway permits, if needed. Additional permits may be required and will be obtained as necessary. Deliverables: • Permits as required Task 7: Design Complete preliminary design drawings supported by the project alternative selected from the work under Task 4. This task will include development of design drawings of the preferred alternative, which may include conveyance elements, construction specifications, drainage and hydraulic calculations, or earthwork requirements. Geotechnical investigations may also be conducted if needed to support the project alternative selected with the feasibility study. Deliverables: • Geotechnical Investigation, if needed • 100% Design Plans and Specifications Budget Category (d): Construction/Implementation Task 9: Contract Services – Not Applicable No contract services are required for this project. Task 10: Construction – Not Applicable No construction tasks are required for this project. DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 18 of 54 PROJECT 3: Advanced Metering and Leak Detection IMPLEMENTING AGENCY: Diablo Water District (DWD) PROJECT DESCRIPTION: This project will install approximately 2,500 advanced water meters to complete advanced metering of individual residences and businesses in the Diablo Water District service area, procure and deploy a web-based consumer engagement portal, linked to individual meters, and procure and install transmission system leak detectors. The project will reduce customer water demand by approximately 225 AFY and will allow DWD to identify transmission leaks immediately, which is anticipated to prevent approximately 50 AFY in treated water losses. Budget Category (a): Project Administration Task 1: Project Management Manage Grant Agreement including compliance with grant requirements, and preparation and submission of supporting grant documents and coordination with the Grantee. Prepare invoices including relevant supporting documentation for submittal to DWR via the Grantee. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors. Deliverables: • Invoices and associated backup documentation Task 2: Reporting Prepare progress reports detailing work completed during reporting period as outlined in Exhibit F of this Agreement. Submit reports to DWR. Prepare Project Completion Report and submit to DWR no later than 90 days after project completion for DWR Project Manager’s comment and review. The report shall be prepared and presented in accordance with guidance as outlined in Exhibit F. Deliverables: • Quarterly Project Progress Reports • Project Completion Report • Documentation (e.g., photo) of “Acknowledgment of Credit & Signage” per Standard Condition D.2 Budget Category (b): Land Purchase/Easement Task 3: Land Purchase No land purchase or easement acquisition is required for this project. Deliverables: N/A Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies Project Feasibility Studies were completed as part of the project development process. Deliverables: • Relevant Feasibility Studies DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 19 of 54 Task 5: CEQA Documentation The Lead Agency has determined this project is not a project as defined by CEQA. Deliverables: N/A Task 6: Permitting No permits are required for this project. All work will be done on existing DWD water lines or replacing existing water meters. Deliverables: • N/A Task 7: Design Prepare preliminary plan for leak detection sensors and design of leak sensor deployment. Select a vendor to provide final design. Deliverables: • Final design documents Task 8: Project Monitoring Plan Develop and submit a Project Monitoring Plan per Paragraph 16 for DWR’s review and approval. Deliverables: • Project Monitoring Plan Budget Category (d): Construction/Implementation Task 9: Contract Services This task must comply with the Standard Condition D.11 – Competitive Bidding and Procurements. Activities necessary (as applicable) to secure a contractor and award the contract, including: develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct pre-bid meeting, bid opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed. All installation will be performed by Diablo Water District staff. A Request for Proposal (RFP) will be issued for integration services to tie together data from demand side meters (customers) and supply side meters (Diablo Water District). Deliverables: • Proof of Advertisement • Award of Contract • Notice to Proceed • RFP Documents DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 20 of 54 Task 10: Construction Administration This task includes managing contractor submittal review, answering requests for information, and issuing work directives. Integration Services performed under Task 9, will comply with DWD’s purchasing policy for services. All work (excluding integration services) will be performed by DWD staff and will utilize management staff to perform inspections and audit records of installations. Upon completing the project, the DWR Certificate of Project Completion and record drawings will be provided to DWR. Deliverables: • Screenshot of customer-facing page • Screenshot of district-facing water balance • DWR Certificate of Project Completion Task 11: Construction and Implementation Construction activities are outlined below. 11(a): Mobilization and Demobilization of all necessary equipment which includes set up of construction staging area and site security. 11(b): Removal of approximately 2,500 existing water meters and replace with advanced water meters; install up to 10 supply-side leak detectors on pipelines. 11 (c): Installation of Web-Based Software- This task includes the deployment of a consumer engagement portal for real-time viewing and alerts of water use by customers. The other component of this task is to develop the real-time water system supply and demand water balance. The consumer engagement portal will be added via the DWD financial and billing software and will require minimal code and interface work. A real-time water system balance will be created after the development of a database that includes customer meter data and all supply side production meters. After the database is complete a reports and dashboards interface will be designed. Deliverables: • Photographic Documentation of Progress • Map of leak sensor locations • Screenshot of customer-facing page • Screenshot of district-facing water balance DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 21 of 54 PROJECT 4: Upper Reach of Three Creeks Parkway Restoration Project IMPLEMENTING AGENCY: Contra Costa County Flood Control and Water Conservation District PROJECT DESCRIPTION: This project will widen approximately 1,600 linear feet of Marsh Creek in Brentwood from Dainty Avenue to its confluence with Deer Creek, part of an important ecological corridor linking Mount Diablo to the Delta shoreline. Approximately, 450 acres of developed land will be protected against a 100-year flood event. The project will reduce flood risks by excavating approximately 9,000 cubic yards (CY) of soil from the channel banks and creating a wider floodplain area. This widening will help achieve the following near-term outcomes: attenuate flood peaks and provide flood protection for a 100-year flood event and provide additional channel cross-sectional area to allow for subsequent restoration of over 3 acres of floodplain with native vegetation. Native revegetation is funded and permitted as a separate project but relies on this widening of the Upper Reach to reestablish native vegetation and functional floodplains along Marsh Creek. Budget Category (a): Project Administration Task 1: Project Management Manage Grant Agreement including compliance with grant requirements, and preparation and submission of supporting grant documents and coordination with the Grantee. Prepare invoices including relevant supporting documentation for submittal to DWR via the Grantee. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors. Deliverables: • Invoices and associated backup documentation Task 2: Reporting Prepare progress reports detailing work completed during reporting period as outlined in Exhibit F of this Agreement. Submit reports to DWR. Prepare Project Completion Report and submit to DWR no later than 90 days after project completion for DWR Project Manager’s comment and review. The report shall be prepared and presented in a ccordance with guidance as outlined in Exhibit F. Deliverables: • Quarterly Project Progress Reports • Project Completion Report • Documentation (e.g., photo) of “Acknowledgment of Credit & Signage” per Standard Condition D.2 Budget Category (b): Land Purchase/Easement Task 3: Land Purchase – Not Applicable No land purchase or easement acquisition is required for this project. Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies Project Feasibility Studies were completed as part of the project development process. A Restoration Master Plan for March Creek was completed in 2002. A comprehensive watershed conditions assessment was completed in 2007. DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 22 of 54 Deliverables: • Relevant Feasibility Studies Task 5: CEQA Documentation A Notice of Determination was filed with the Office of Planning and Research for a Mitigated Negative Declaration in April of 2018. Prepare letter stating no legal challenges (or addressing legal challenges). Deliverables: • All completed CEQA documents as required • Legal Challenges Letter Task 6: Permitting Obtain all necessary federal, state, and local permits. Permits already obtained include: • Regional Water Quality Control Board 401 Certification • California Department of Fish and Wildlife 1600 Lake and Streambed Alteration Agreement • Habitat Conservancy project Survey Report (PSR) • US Army Corps of Engineers 404 Permit Additional permits may be required and will be obtained as necessary. Deliverables: • Permits as required Task 7: Design Final project design was completed and includes the following work: geotechnical investigation, topographic survey, and hydraulics modeling. Final plans, specifications, and engineer’s cost estimates were also completed. Deliverables: • Geotechnical Report • Topographic Survey • Hydraulic Report • 100% Design Plans and Specifications Task 8: Project Monitoring Plan Develop and submit a Project Monitoring Plan per Paragraph 16 for DWR’s review and approval. Deliverables: • Project Monitoring Plan Budget Category (d): Construction/Implementation Task 9: Contract Services This task must comply with the Standard Condition D.11 – Competitive Bidding and Procurements. Activities necessary (as applicable) to secure a contractor and award the contract, including: develop bid documents, prepare advertisement and contract documents for construction contract bidding, conduct pre-bid meeting, bid opening and evaluation, selection of the contractor, award of contract, and issuance of notice to proceed. DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 23 of 54 Deliverables: • Bid Documents • Proof of Advertisement • Award of Contract • Notice to Proceed Task 10: Construction Administration This task includes managing contractor submittal review, answering requests for information, and issuing work directives. A full-time engineering construction observer will be on site for the duration of the project. Construction observer duties include documenting of pre-construction conditions, daily construction diary, preparing change orders, addressing questions of contractors on site, reviewing/ updating project schedule, reviewing contractor log submittals and pay requests, forecasting cash flow, notifying contractor if work is not acceptable. Upon completing the project, the DWR Certificate of Project Completion and record drawings will be provided to DWR. Deliverables: • DWR Certificate of Project Completion • Record Drawings Task 11: Construction Construction activities are outlined below. 11(a): Mobilization and Demobilization of all necessary equipment; set up construction staging area and site security, place temporary sanitary facilities. 11(b): Site preparation will include preparation of plans for implementing best management practices (BMPs) for pollution prevention and sediment management; designating material storage areas; setting up traffic control; clearing and grubbing; and other applicable preliminary activities. 11(c): Excavate an estimated 8,928 CY and 293 CY rock from channel banks; remove unsuitable material and install approximately 1,376 feet riprap trench. Install rootwads and boulders per site plans; install irrigation system and signage for recycled water irrigation; install erosion protection/hydro -seeding; install approximately 365 CY rock slope protection; install approximately 140 feet retaining wall; and install approximately 281 feet cable railing and approximately 355 feet guardrail system. 11(d): Conduct cultural monitoring, biological monitoring, and labor compliance assessment. Deliverables: • Photographic Documentation of Progress DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 24 of 54 PROJECT 5: Citywide Non-Potable Water Distribution System IMPLEMENTING AGENCY: City of Brentwood PROJECT DESCRIPTION: This project will expand beneficial use of recycled water in the City of Brentwood (City) by converting approximately twenty-two City-owned irrigated areas from potable to non-potable water use. The project will connect laterals and meters to two new recycled-water mains, replacing potable-water irrigation infrastructure at approximately 22 sites. The project will replace existing annual usage of approximately 63 AFY of treated, potable water with already-available recycled water, reducing dependence on treated Delta water. It will also reduce the amount of surplus recycled water currently being discharged into Marsh Creek, significantly reducing the amount of chloride flowing into the Delta via Marsh Creek, at approximately 50,400 pounds per year. Budget Category (a): Project Administration Task 1: Project Management Manage Grant Agreement including compliance with grant requirements, and preparation and submission of supporting grant documents and coordination with the Grantee. Prepare invoices including relevant supporting documentation for submittal to DWR via the Grantee. This task also includes administrative responsibilities associated with the project such as coordinating with partnering agencies and managing consultants/contractors. Deliverables: • Invoices and associated backup documentation Task 2: Reporting Prepare progress reports detailing work completed during reporting period as outlined in Exhibit F of this Agreement. Submit reports to DWR. Prepare Project Completion Report and submit to DWR no later than 90 days after project completion for DWR Project Manager’s comment and review. The report shall be prepared and presented in accordance with guidance as outlined in Exhibit F. Deliverables: • Quarterly Project Progress Reports • Project Completion Report • Documentation (e.g., photo) of “Acknowledgment of Credit & Signage” per Standard Condition D.2 Budget Category (b): Land Purchase/Easement Task 3: Land Purchase – Not Applicable No land purchase or easement acquisition is required for this project. Budget Category (c): Planning/Design/Engineering/Environmental Documentation Task 4: Feasibility Studies Project Feasibility Studies were completed as part of the project development process. The City of Brentwood completed a Recycled Water Feasibility Study in 2013. Deliverables: • Relevant Feasibility Studies DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 25 of 54 Task 5: CEQA Documentation A Notice of Determination was filed for a Mitigated Negative Declaration with the Office of Planning and Research in June of 2017. Prepare letter stating no legal challenges (or addressing legal challenges). Deliverables: • All completed CEQA documents as required • Legal Challenges Letter Task 6: Permitting No permits are required for this project. Deliverables: • N/A Task 7: Design Complete preliminary design including 100% (Final) design plans and specifications. Deliverables: • 100% Design Plans and Specifications Task 8: Project Monitoring Plan Develop and submit a Project Monitoring Plan per Paragraph 16 for DWR’s review and approval. Deliverables: • Project Monitoring Plan Budget Category (d): Construction/Implementation Task 9: Contract Services This task must comply with the Standard Condition D.11 – Competitive Bidding and Procurements. Activities necessary (as applicable) to secure a contractor and award the contract. A portion of the work to be funded under this agreement (approximately four of the twenty-two planned non- potable lateral replacements) is included as an optional “bid alternative” in the contract and bid documents for a larger contract. A change order will be issued to perform this portion of the work. The remainder of the lateral replacements will be included in a future bid package. Deliverables: • Bid Documents • Proof of Advertisement • Award of Contract • Notice to Proceed • Change Order including Bid Alternative Task 10: Construction Administration This task includes managing contractor submittal review, answering requests for information, an d issuing work directives. A full-time engineering construction observer will be on site for the duration of the project. Construction observer duties include documenting of pre-construction conditions, daily construction diary, DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 26 of 54 preparing change orders, addressing questions of contractors on site, reviewing/ updating project schedule, reviewing contractor log submittals and pay requests, forecasting cash flow, notifying contractor if work is not acceptable. Upon completing the project, the DWR Certificate of Project Completion and record drawings will be provided to DWR. Deliverables: • DWR Certificate of Project Completion • Record Drawings Task 11: Construction Construction activities are outlined below. 11(a): Mobilization and Demobilization of all necessary equipment; set up construction staging area and site security if additional is needed for the lateral/irrigation work. 11(b): Site preparation will include implementing best management practices, designating material storage areas; setting up traffic control; and other applicable preliminary activities. 11(c): Install approximately twenty-two new non-potable water laterals and valves from new non-potable water main to the existing irrigation meter. Conduct pipe testing and flushing. 11(d): Disconnect existing potable water connections to irrigation meter, connect new non -potable water connections. 11(e): Restore surface and install new non-potable signage in irrigation area. Deliverables: • Photographic Documentation of Progress DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 27 of 54 EXHIBIT B BUDGET PROPOSITION 1 ROUND 1 EAST CONTRA COSTA COUNTY IRWM IMPLEMENTATION GRANT AGREEMENT BUDGET SUMMARY Grant Amount Required Cost Share: Non-State Fund Source Other Cost Share Total Cost Percent Cost Share Grant Administration $80,000 N/A $0 $80,000 N/A PROJECTS 1 West Antioch Creek Flood Conveyance Mitigation and Restoration $700,000 $0 $263,000 $963,000 0% 2 Bethel Island Multi-Benefit and Integrated Stormwater Project $320,000 $0 $0 $320,000 0% 3 Advanced Metering and Leak Detection $500,000 $934,000 $0 $1,434,000 65% 4 Upper Reach of Three Creeks Parkway Restoration Project $850,000 $724,254 $403,183 $1,977,437 36% 5 Citywide Non-Potable Water Distribution System $250,000 $347,000 $0 $597,000 58% GRAND TOTAL $2,700,000 $2,005,254 $666,183 $5,371,437 - DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 28 of 54 Grant Administration Implementing Agency: Contra Costa Water District BUDGET CATEGORY Grant Amount Required Cost Share: Non-State Fund Source Other Cost Share Total Cost (a) Project Administration $80,000 N/A $0 $80,000 TOTAL COSTS $80,000 N/A $0 $80,000 PROJECT 1: West Antioch Creek Flood Conveyance Mitigation and Restoration Implementing Agency: City of Antioch Project directly serves a need of a Disadvantaged Community: Yes BUDGET CATEGORY Grant Amount Required Cost Share: Non-State Fund Source* Other Cost Share** Total Cost (a) Project Administration $20,000 $0 $0 $20,000 (b) Land Purchase / Easement N/A N/A N/A N/A (c) Planning / Design / Engineering / Environmental Documentation $150,000 $0 $3,000 $153,000 (d) Construction / Implementation $530,000 $0 $260,000 $790,000 TOTAL COSTS $700,000 $0 $263,000 $963,000 NOTES: Eligible costs for each Budget Category will only be approved for reimbursement and Cost Share for the work completed within the date ranges listed in Exhibit C. *The project received a 100% DAC/EDA cost share waiver. ** City of Antioch National Pollution Discharge Elimination System Fund and Public Works Operating Budget will be contributing $263,000 as Other Cost Share Funding for this project. DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 29 of 54 PROJECT 2: Bethel Island Multi-Benefit and Integrated Stormwater Project Implementing Agency: Bethel Island Municipal Improvement District Project directly serves a need of a Disadvantaged Community: Yes BUDGET CATEGORY Grant Amount Required Cost Share: Non-State Fund Source* Other Cost Share Total Cost (a) Project Administration $30,000 $0 $0 $30,000 (b) Land Purchase / Easement N/A N/A N/A N/A (c) Planning / Design / Engineering / Environmental Documentation $290,000 $0 $0 $290,000 (d) Construction / Implementation N/A N/A N/A N/A TOTAL COSTS $320,000 $0 $0 $320,000 NOTES: Eligible costs for each Budget Category will only be approved for reimbursement and Cost Share for the work completed within the date ranges listed in Exhibit C. *The project received a 100% DAC/EDA cost share waiver. PROJECT 3: Advanced Metering and Leak Detection Implementing Agency: Diablo Water District Project directly serves a need of a Disadvantaged Community: No BUDGET CATEGORY Grant Amount Required Cost Share: Non-State Fund Source* Other Cost Share Total Cost (a) Project Administration $0 $5,000 $0 $5,000 (b) Land Purchase / Easement N/A N/A N/A N/A (c) Planning / Design / Engineering / Environmental Documentation $0 $5,000 $0 $5,000 (d) Construction / Implementation $500,000 $924,000 $0 $1,424,000 TOTAL COSTS $500,000 $934,000 $0 $1,434,000 NOTES: Eligible costs for each Budget Category will only be approved for reimbursement and Cost Share for the work completed within the date ranges listed in Exhibit C. *Diablo Water District customer rate funds will be contributing $934,000 as Required Cost Share Funding for this project. DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 30 of 54 PROJECT 4: Upper Reach of Three Creeks Parkway Restoration Project Implementing Agency: Contra Costa County Flood Control and Water Conservation District Project directly serves a need of a Disadvantaged Community: No BUDGET CATEGORY Grant Amount Required Cost Share: Non-State Fund Source* Other Cost Share** Total Cost (a) Project Administration $0 $42,606 $0 $42,606 (b) Land Purchase / Easement N/A N/A N/A N/A (c) Planning / Design / Engineering / Environmental Documentation $0 $606,829 $0 $606,829 (d) Construction / Implementation $850,000 $74,819 $403,183 $1,328,002 TOTAL COSTS $850,000 $724,254 $403,183 $1,977,437 NOTES: Eligible costs for each Budget Category will only be approved for reimbursement and Cost Share for the work completed within the date ranges listed in Exhibit C. *Drainage Area 130 fund, a local Flood Control District fund, will be contributing $724,254 as Required Cost Share Funding for this project. **Grants provided by U.S. Environmental Protection Agency, Delta Conservancy, Coastal Conservancy, California Natural Resource Agency, and Pulte Home Corporation will be contributing $403,183 as Other Cost Share Funding for this project. PROJECT 5: Citywide Non-Potable Water Distribution System Implementing Agency: City of Brentwood Project directly serves a need of a Disadvantaged Community: No BUDGET CATEGORY Grant Amount Required Cost Share: Non-State Fund Source* Other Cost Share Total Cost (a) Project Administration $0 $5,000 $0 $5,000 (b) Land Purchase / Easement N/A N/A N/A N/A (c) Planning / Design / Engineering / Environmental Documentation $0 $66,000 $0 $66,000 (d) Construction / Implementation $250,000 $276,000 $0 $526,000 TOTAL COSTS $250,000 $347,000 $0 $597,000 NOTES: Eligible costs for each Budget Category will only be approved for reimbursement and Cost Share for the work completed within the date ranges listed in Exhibit C. *Wastewater Development Impact Fee, Wastewater Enterprise and Parks and Landscape and Lighting Assessment Districts Replacement Funds, as applicable, will be contributing $347,000 as Required Cost Share Funding for this project. DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 31 of 54 EXHIBIT C SCHEDULE PROPOSITION 1 ROUND 1 EAST CONTRA COSTA COUNTY IRWM IMPLEMENTATION GRANT Grant Administration BUDGET CATEGORY Start Date End Date a Project Administration 7/1/2020 6/30/2024 PROJECT 1: West Antioch Creek Flood Conveyance Mitigation and Restoration BUDGET CATEGORY Start Date End Date a Project Administration 4/1/2020 1/31/2023 b Land Purchase / Easement N/A N/A c Planning / Design / Engineering / Environmental Documentation 5/1/2019 9/30/2021* d Construction / Implementation 7/1/2019* 10/31/2022 *There is an overlap of schedules between Category (c) and (d) to allow for special permitting for extensive dredging. PROJECT 2: Bethel Island Multi-Benefit and Integrated Stormwater Project BUDGET CATEGORY Start Date End Date a Project Administration 7/1/2020 3/31/2024 b Land Purchase / Easement N/A N/A c Planning / Design / Engineering / Environmental Documentation 1/1/2021 12/31/2023 d Construction / Implementation N/A N/A* *This project is a Decision Support Tool. DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 32 of 54 PROJECT 3: Advanced Metering and Leak Detection BUDGET CATEGORY Start Date End Date a Project Administration 9/1/2019 6/30/2021 b Land Purchase / Easement N/A N/A c Planning / Design / Engineering / Environmental Documentation 9/1/2019 6/30/2020 d Construction / Implementation 7/1/2020 3/31/2021 PROJECT 4: Upper Reach of Three Creeks Parkway Restoration Project BUDGET CATEGORY Start Date End Date a Project Administration 4/15/2020 5/31/2021 b Land Purchase / Easement N/A N/A c Planning / Design / Engineering / Environmental Documentation 1/1/2015 10/31/2019* d Construction / Implementation 10/1/2019* 12/31/2020 *There is an overlap of schedules between Category (c) and (d) to allow for contract administration and mobilization. PROJECT 5: Citywide Non-Potable Water Distribution System BUDGET CATEGORY Start Date End Date a Project Administration 4/1/2019 3/30/2024 b Land Purchase / Easement N/A N/A c Planning / Design / Engineering / Environmental Documentation 4/1/2019 1/31/2020 d Construction / Implementation 10/1/2020 12/31/2023 DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 33 of 54 EXHIBIT D STANDARD CONDITIONS D.1. ACCOUNTING AND DEPOSIT OF FUNDING DISBURSEMENT: A. Separate Accounting of Funding Disbursements: Grantee shall account for the money disbursed pursuant to this Grant agreement separately from all other Grantee funds. Grantee shall maintain audit and accounting procedures that are in accordance with generally accepted accounting principles and practices, consistently applied. Grantee shall keep complete and accurate records of all receipts and disbursements on expenditures of such funds. Grantee shall require its contractors or subcontractors to maintain books, records, and other documents pertinent to their work in accordance with generally accepted accounting principles and practices. Records are subject to inspection by State at any and all reasonable times. B. Disposition of Money Disbursed: All money disbursed pursuant to this Grant agreement shall be deposited in a non-interest bearing account, administered, and accounted for pursuant to the provisions of applicable law. C. Remittance of Unexpended Funds: Grantee shall remit to State any unexpended funds that were disbursed to Grantee under this Grant agreement and were not used to pay Eligible Project Costs within a period of sixty (60) calendar days from the final disbursement from State to Grantee of funds or, within thirty (30) calendar days of the expiration of the Grant agreement, whichever comes first. D.2. ACKNOWLEDGEMENT OF CREDIT AND SIGNAGE: Grantee shall include appropriate acknowledgement of credit to the State for its support when promoting the Project or using any data and/or information developed under this Grant agreement. Signage shall be posted in a prominent location at Project site(s) (if applicable) or at the Grantee’s headquarters and shall include the Department of Water Resources color logo and the following disclosure statement: “Funding for this project has been provided in full or in part from the Water Quality, Supply, and Infrastructure Improvement Act of 2014 and through an agreement with the State Department of Water Resources.” The Grantee shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this Paragraph. D.3. AMENDMENT: This Grant agreement may be amended at any time by mutual agreement of the Parties, except insofar as any proposed amendments are in any way contrary to applicable law. Requests by the Grantee for amendments must be in writing stating the amendment request and the reason for the request. Requests solely for a time extension must be submitted at least 90 days prior to the work completion date set forth in Paragraph 2. Any other request for an amendment must be submitted at least 180 days prior to the work completion date set forth in Paragraph 2. State shall have no obligation to agree to an amendment. D.4. AMERICANS WITH DISABILITIES ACT: By signing this Grant agreement, Grantee assures State that it complies with the Americans with Disabilities Act (ADA) of 1990, (42 U.S.C. § 12101 et seq.), which prohibits discrimination on the basis of disability, as well as all appl icable regulations and guidelines issued pursuant to the ADA. D.5. AUDITS: State reserves the right to conduct an audit at any time between the execution of this Grant agreement and the completion of the Project, with the costs of such audit borne by State. After completion of the Project, State may require Grantee to conduct a final audit to State’s specifications, at Grantee’s expense, such audit to be conducted by and a report prepared by an independent Certified Public Accountant. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Grant agreement, and State may elect to pursue any remedies provided in Paragraph 12 or take any other action it deems necessary to protect its interests. The Grantee agrees it shall return any audit disallowances to the State. DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 34 of 54 Pursuant to Government Code section 8546.7, the Grantee shall be subject to the examination and audit by the State for a period of three (3) years after final payment under this Grant agreement with respect of all matters connected with this Grant agreement, including but not limited to, the cost of administering this Grant agreement. All records of Grantee or its contractor or subcontractors shall be preserved for this purpose for at least three (3) years after receipt of the final disbursement under this Agreement. If an audit reveals any impropriety, the Bureau of State Audits or the State Controller’s Office may conduct a full audit of any or all of the Grantee’s activities. (Water Code, § 79708, subd. (b).) D.6. BUDGET CONTINGENCY: If the Budget Act of the current year covered under this Grant agreement does not appropriate sufficient funds for this program, this Grant agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of State to make any payments under this Grant agreement. In this event, State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Grant agreement and Grantee shall not be obligated to perform any provisions of this Grant agreement. Nothing in this Grant agreement shall be construed to provide Grantee with a right of priority for payment over any other Grantee. If funding for any fiscal year after the current year covered by this Grant agreement is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Grant agreement with no liability occurring to State, or offer a Grant agreement amendment to Grantee to reflect the reduced amount. D.7. CALIFORNIA CONSERVATION CORPS: Grantee may use the services of the California Conservation Corps or other community conservation corps as defined in Public Resources Code section 14507.5. D.8. CEQA: Activities funded under this Grant agreement, regardless of funding source, must be in compliance with the California Environmental Quality Act (CEQA). (Pub. Resources Code, § 21000 et seq.) Any work that is subject to CEQA and funded under this Agreement shall not proceed until documents that satisfy the CEQA process are received by the State’s Project Manager and the State has completed its CEQA compliance. Work funded under this Agreement that is subject to a CEQA document shall not proceed until and unless approved by the Department of Water Resources. Such approval is fully discretionary and shall constitute a condition precedent to any work for which it is required. If CEQA compliance by the Grantee is not complete at the time the State signs this Agreement, once State has considered the environmental documents, it may decide to require changes, alterations, or other mitigation to the Project; or to not fund the Project. Should the State decide to not fund the Project, this Agreement shall be terminated in accordance with Paragraph 12, “Default Provisions.” D.9. CHILD SUPPORT COMPLIANCE ACT: The Grantee acknowledges in accordance with Public Contract Code section 7110, that: A. The Grantee recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Family Code section 5200 et seq.; and B. The Grantee, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department. D.10. CLAIMS DISPUTE: Any claim that the Grantee may have regarding performance of this Agreement including, but not limited to, claims for additional compensation or extension of time, shall be submitted to the DWR Project Representative, within thirty (30) days of the Grantee’s knowledge of the claim. State and Grantee shall then attempt to negotiate a resolution of such claim and process an amendment to this Agreement to implement the terms of any such resolution. DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 35 of 54 D.11. COMPETITIVE BIDDING AND PROCUREMENTS: Grantee’s contracts with other entities for the acquisition of goods and services and construction of public works with funds provided by State under this Grant agreement must be in writing and shall comply with all applicable laws and regulations regarding the securing of competitive bids and undertaking competitive negotiations. If the Grantee does not have a written policy to award contracts through a competitive bidding or sole source process, the Department of General Services’ State Contracting Manual rules must be followed and are available at: https://www.dgs.ca.gov/OLS/Resources/Page-Content/Office-of-Legal-Services- Resources-List-Folder/State-Contracting. D.12. COMPUTER SOFTWARE: Grantee certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Grant agreement for the acquisition, operation, or maintenance of computer software in violation of cop yright laws. D.13. CONFLICT OF INTEREST: All participants are subject to State and Federal conflict of interest laws. Failure to comply with these laws, including business and financial disclosure provisions, will result in the application being rejected and any subsequent contract being declared void. Other legal action may also be taken. Applicable statutes include, but are not limited to, Government Code section 1090 and Public Contract Code sections 10410 and 10411, for State conflict of interest requirements. A. Current State Employees: No State officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any State agency, unless the employment, activity, or enterprise is required as a condition of regular State employment. No State officer or employee shall contract on his or her own behalf as an independent contractor with any S tate agency to provide goods or services. B. Former State Employees: For the two-year period from the date he or she left State employment, no former State officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to the contract while employed in any capacity by any State agency. For the twelve-month period from the date he or she left State employment, no former State officer or employee may enter into a contract with any State agency if he or she was employed by that State agency in a policy-making position in the same general subject area as the proposed contract within the twelve-month period prior to his or her leaving State service. C. Employees of the Grantee: Employees of the Grantee shall comply with all applicable provisions of law pertaining to conflicts of interest, including but not limited to any applicable conflict of interest provisions of the California Political Reform Act. (Gov. Code, § 87100 et seq.) D. Employees and Consultants to the Grantee: Individuals working on behalf of a Grantee may be required by the Department to file a Statement of Economic Interests (Fair Political Practices Commission Form 700) if it is determined that an individual is a consultant for Political Reform Act purposes. D.14. DELIVERY OF INFORMATION, REPORTS, AND DATA: Grantee agrees to expeditiously provide throughout the term of this Grant agreement, such reports, data, information, and certifications as may be reasonably required by State. D.15. DISPOSITION OF EQUIPMENT: Grantee shall provide to State, not less than thirty (30) calendar days prior to submission of the final invoice, an itemized inventory of equipment purchased with funds provided by State. The inventory shall include all items with a current estimated fair market value of more than $5,000.00 per item. Within sixty (60) calendar days of receipt of such inventory State shall provide Grantee with a list of the items on the inventory that State will take title to. All other items shall become the property of Grantee. State shall arrange for delivery from Grantee of items that it takes title to. Cost of transportation, if any, shall be borne by State. D.16. DRUG-FREE WORKPLACE CERTIFICATION: Certification of Compliance: By signing this Grant agreement, Grantee, its contractors or subcontractors hereby certify, under penalty of perjury under DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 36 of 54 the laws of State of California, compliance with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and have or will provide a drug-free workplace by taking the following actions: A. Publish a statement notifying employees, contractors, and subcontractors that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees, contractors, or subcontractors for viola tions, as required by Government Code section 8355. B. Establish a Drug-Free Awareness Program, as required by Government Code section 8355 to inform employees, contractors, or subcontractors about all of the following: i. The dangers of drug abuse in the workplace, ii. Grantee’s policy of maintaining a drug-free workplace, iii. Any available counseling, rehabilitation, and employee assistance programs, and iv. Penalties that may be imposed upon employees, contractors, and subcontractors for drug abuse violations. C. Provide, as required by Government Code section 8355, that every employee, contractor, and/or subcontractor who works under this Grant agreement: i. Will receive a copy of Grantee’s drug-free policy statement, and ii. Will agree to abide by terms of Grantee’s condition of employment, contract or subcontract. D.17. EASEMENTS: Where the Grantee acquires property in fee title or funds improvements to real property already owned in fee by the Grantee using State funds provided through this Grant agreement, an appropriate easement or other title restriction providing for floodplain preservation and agricultural and/or wildlife habitat conservation for the subject property in perpetuity, approved by the State, shall be conveyed to a regulatory or trustee agency or conservation group acceptable to the State. The easement or other title restriction must be in first position ahead of any recorded mortgage or lien on the property unless this requirement is waived by the State. Where the Grantee acquires an easement under this Agreement, the Grantee agrees to monitor and enforce the terms of the easement, unless the easement is subsequently transferred to another land management or conservation organization or entity with State permission, at which time monitoring and enforcement responsibilities will transfer to the new easement owner. Failure to provide an easement acceptable to the State may result in termination of this Agreement. D.18. FINAL INSPECTIONS AND CERTIFICATION OF REGISTERED PROFESSIONAL: Upon completion of the Project, Grantee shall provide for a final inspection and certification by a California Registered Professional (i.e., Professional Civil Engineer, Engineering Geologist), that the Project has been completed in accordance with submitted final plans and specifications and any modifications thereto and in accordance with this Grant agreement. D.19. GRANTEE'S RESPONSIBILITIES: Grantee and its representatives shall: A. Faithfully and expeditiously perform or cause to be performed all project work as described in Exhibit A and in accordance with Exhibits B and C. B. Accept and agree to comply with all terms, provisions, conditions, and written commitments of this Grant agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and statements made by Grantee in the application, documents, amendments, and communications filed in support of its request for funding. C. Comply with all applicable California, federal, and local laws and regulations. D. Implement the Project in accordance with applicable provisions of the law. E. Fulfill its obligations under the Grant agreement and be responsible for the performance of the Project. F. Obtain any and all permits, licenses, and approvals required for performing any work under this Grant agreement, including those necessary to perform design, construction, or operation and maintenance of the Project. Grantee shall provide copies of permits and approvals to State. DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 37 of 54 G. Be solely responsible for design, construction, and operation and maintenance of projects within the work plan. Review or approval of plans, specifications, bid documents, or other construction documents by State is solely for the purpose of proper administration of funds by State and shall not be deemed to relieve or restrict responsibilities of Grantee under this Agreement. H. Be solely responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and providers of services. The Grantee shall be responsible for any and all disputes arising out of its contracts for work on the Project, including but not limited to payment disputes with contractors and subcontractors. The State will not mediate disputes between the Grantee and any other entity concerning responsibility for performance of work. D.20. GOVERNING LAW: This Grant agreement is governed by and shall be interpreted in accordance with the laws of the State of California. D.21. INCOME RESTRICTIONS: The Grantee agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Grantee under this Agreement shall be paid by the Grantee to the State, to the extent that they are properly allocable to costs for which the Grantee has been reimbursed by the State under this Agreement. The Grantee shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this Paragraph. D.22. INDEMNIFICATION: Grantee shall indemnify and hold and save the State, its officers, agents, and employees, free and harmless from any and all liabilities for any claims and damages (including inverse condemnation) that may arise out of the Project and this Agreement, including, but not limited to any claims or damages arising from planning, design, construction, maintenance and/or operation of levee rehabilitation measures for this Project and any breach of this Agreement. Grantee shall require its contractors or subcontractors to name the State, its officers, agents and employees as additional insureds on their liability insurance for activities undertaken pursuant to this Agreement. D.23. INDEPENDENT CAPACITY: Grantee, and the agents and employees of Grantees, in the performance of the Grant agreement, shall act in an independent capacity and not as officers, employees, or agents of the State. D.24. INSPECTION OF BOOKS, RECORDS, AND REPORTS: During regular office hours, each of the parties hereto and their duly authorized representatives shall have the right to inspect and to make copies of any books, records, or reports of either party pertaining to this Grant agreement or matters related hereto. Each of the parties hereto shall maintain and shall make available at all times for such inspection accurate records of all its costs, disbursements, and receipts with respect to its activities under this Grant agreement. Failure or refusal by Grantee to comply with this provision shall be considered a breach of this Grant agreement, and State may withhold disbursements to Grantee or take any other action it deems necessary to protect its interests. D.25. INSPECTIONS OF PROJECT BY STATE: State shall have the right to inspect the work being performed at any and all reasonable times during the term of the Grant agreement. This right shall extend to any subcontracts, and Grantee shall include provisions ensuring such access in all its contracts or subcontracts entered into pursuant to its Grant agreement with State. D.26. LABOR CODE COMPLIANCE: The Grantee agrees to be bound by all the provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to reimbursement from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. Current Department of Industrial Relations (DIR) requirements may be found at: http://www.dir.ca.gov/ lcp.asp. For more information, please refer to DIR’s Public Works Manual at: https://www.dir.ca.gov/ dlse/PWManualCombined.pdf. The Grantee affirms that it is aware of the provisions of section 3700 of the Labor Code, which requires every employer to be insured against liability for workers’ DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 38 of 54 compensation or to undertake self-insurance, and the Grantee affirms that it will comply with such provisions before commencing the performance of the work under this Agreement and will make its contractors and subcontractors aware of this provision. D.27. MODIFICATION OF OVERALL WORK PLAN: At the request of the Grantee, the State may at its sole discretion approve non-material changes to the portions of Exhibits A, B, and C which concern the budget and schedule without formally amending this Grant agreement. Non-material changes with respect to the budget are changes that only result in reallocation of the budget and will not result in an increase in the amount of the State Grant agreement. Non-material changes with respect to the Project schedule are changes that will not extend the term of this Grant agreement. Requests for non- material changes to the budget and schedule must be submitted by the Grantee to the State in writing and are not effective unless and until specifically approved by the State’s Program Manager in writing. D.28. NONDISCRIMINATION: During the performance of this Grant agreement, Grantee and its contractors or subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex (gender), sexual orientation, race, color, ancestry, religion, creed, national origin (including language use restriction), pregnancy, physical disability (including HIV and AIDS), mental disability, medical condition (cancer/genetic characteristics), age (over 40), marital status, and denial of medical and family care leave or pregnancy disability leave. Grantee and its contractors or subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Grantee and its contractors or subcontractors shall comply with the provisions of the California Fair Employment and Housing Act (Gov. Code, § 12990.) and the applicable regulations promulgated there under (Cal. Code Regs., tit. 2, § 11000 et seq.). The applicable regulations of the Fair Employment and Housing are incorporated into this Agreement by reference. Grantee and its contractors or subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Grant agreement. D.29. OPINIONS AND DETERMINATIONS: Where the terms of this Grant agreement provide for action to be based upon, judgment, approval, review, or determination of either party hereto, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval , review, or determination to be arbitrary, capricious, or unreasonable. D.30. PERFORMANCE BOND: Where contractors are used, the Grantee shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Grantee in the following amounts: faithful performance (100%) of contract value, and labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. Any bond issued pursuant to this paragraph must be issued by a California-admitted surety. (Pub. Contract Code, § 7103; Code Civ. Proc., § 995.311.) D.31. PRIORITY HIRING CONSIDERATIONS: If this Grant agreement includes services in excess of $200,000, the Grantee shall give priority consideration in filling vacancies in positions funded by the Grant agreement to qualified recipients of aid under Welfare and Institutions Code section 11200 in accordance with Public Contract Code section 10353. D.32. PROHIBITION AGAINST DISPOSAL OF PROJECT WITHOUT STATE PERMISSION: The Grantee shall not sell, abandon, lease, transfer, exchange, mortgage, hypothecate, or encumber in any manner whatsoever all or any portion of any real or other property necessarily connected or used in conjunction with the Project, or with Grantee’s service of water, without prior permission of State. Grantee shall not take any action, including but not limited to actions relating to user fees, charges, and assessments that could adversely affect the ability of Grantee meet its obligations under this Grant agreement, without prior written permission of State. State may require that the proceeds from DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 39 of 54 the disposition of any real or personal property be remitted to State. D.33. PROJECT ACCESS: The Grantee shall ensure that the State, the Governor of the State, or any authorized representative of the foregoing, will have safe and suitable access to the Project site at all reasonable times during Project construction and thereafter for the term of this Agreement. D.34. REMAINING BALANCE: In the event the Grantee does not submit invoices requesting all of the funds encumbered under this Grant Agreement, any remaining funds revert to the State. The State will notify the Grantee stating that the Project file is closed and any remaining balance will be disencumbered and unavailable for further use under this Grant Agreement. D.35. REMEDIES NOT EXCLUSIVE: The use by either party of any remedy specified herein for the enforcement of this Grant agreement is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law. D.36. RETENTION: The State shall withhold ten percent (10%) of the funds, for each project, until the project is complete, and a Final Project Report is approved and accepted by DWR. If a project has multiple Components (within a project), at the State's discretion and upon a written request by the Grantee, any retained amount attributable to a single component may be released when that component is complete and the Final Component Completion Report is approved. Upon approval of the Final Project Report and/or Final Component Completion Report, any retained amounts due to the Grantee will be promptly disbursed to the Grantee, without interest. D.37. RIGHTS IN DATA: Grantee agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, notes and other written or graphic work produced in the performance of this Grant agreement shall be made available to the State and shall be in the public domain to the extent to which release of such materials is required under the California Public Records Act. (Gov. Code, § 6250 et seq.) Grantee may disclose, disseminate and use in whole or in part, any final form data and information received, collected and developed under this Grant agreement, subject to appropriate acknowledgement of credit to State for financial support. Grantee shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so. The State shall have the right to use any data described in this paragraph for any public purpose. D.38. SEVERABILITY: Should any portion of this Grant agreement be determined to be void or unenforceable, such shall be severed from the whole and the Grant agreement shall continue as modified. D.39. SUSPENSION OF PAYMENTS: This Grant agreement may be subject to suspension of payments or termination, or both if the State determines that: A. Grantee, its contractors, or subcontractors have made a false certification, or B. Grantee, its contractors, or subcontractors violates the certification by failing to carry out the requirements noted in this Grant agreement. D.40. SUCCESSORS AND ASSIGNS: This Grant agreement and all of its provisions shall apply to and bind the successors and assigns of the parties. No assignment or transfer of this Grant agreement or any part thereof, rights hereunder, or interest herein by the Grantee shall be valid unless and until it is approved by State and made subject to such reasonable terms and conditions as State may impose. D.41. TERMINATION BY GRANTEE: Subject to State approval which may be reasonably withheld, Grantee may terminate this Agreement and be relieved of contractual obligations. In doing so, Grantee must provide a reason(s) for termination. Grantee must submit all progress reports summarizing accomplishments up until termination date. DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 40 of 54 D.42. TERMINATION FOR CAUSE: Subject to the right to cure under Paragraph 12, “Default Provisions,” the State may terminate this Grant agreement and be relieved of any payments should Grantee fail to perform the requirements of this Grant agreement at the time and in the manner herein, provided including but not limited to reasons of default under Paragraph 12, “Default Provisions.” D.43. TERMINATION WITHOUT CAUSE: The State may terminate this Agreement without cause on 30 days’ advance written notice. The Grantee shall be reimbursed for all reasonable expenses incurred up to the date of termination. D.44. THIRD PARTY BENEFICIARIES: The parties to this Agreement do not intend to create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or any duty, covenant, obligation or understanding established herein. D.45. TIMELINESS: Time is of the essence in this Grant agreement. D.46. TRAVEL – DAC, EDA, TRIBES PROJECT: Travel is only an eligible reimbursable expense for projects providing at least 75% of benefits to DACs, EDAs, and/or Tribes (based on population or geographic area). Only ground transportation and lodging are eligible for grant reimbursement. Per diem costs will not be eligible for grant reimbursement. Any reimbursement for necessary travel shall be at rates not to exceed those set by the California Department of Human Resources. These rates may be found at: http://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx. Reimbursement will be at the State travel amounts that are current as of the date costs are incurred. No travel outside of the IRWM region shall be reimbursed unless prior written authorization is obtained from the State. D.47. UNION ORGANIZING: Grantee, by signing this Grant agreement, hereby acknowledges the applicability of Government Code sections 16645 through 16649 to this Grant agreement. Furthermore, Grantee, by signing this Grant agreement, hereby certifies that: A. No State funds disbursed by this Grant agreement will be used to assist, promote, or deter union organizing. B. Grantee shall account for State funds disbursed for a specific expenditure by this Grant agreement to show those funds were allocated to that expenditure. C. Grantee shall, where State funds are not designated as described in (b) above, allocate, on a pro rata basis, all disbursements that support the program. D. If Grantee makes expenditures to assist, promote, or deter union organizing, Grantee will maintain records sufficient to show that no State funds were used for those expenditures and that Grantee shall provide those records to the Attorney General upon request. D.48. VENUE: The State and the Grantee hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastern District of California. The Grantee hereby waives any existing sovereign immunity for the purposes of this Agreement. D.49. WAIVER OF RIGHTS: None of the provisions of this Grant agreement shall be deemed waived unless expressly waived in writing. It is the intention of the parties here to that from time to time either party may waive any of its rights under this Grant agreement unless contrary to law. Any waiver by either party of rights arising in connection with the Grant agreement shall not be deemed to be a waiver with respect to any other rights or matters, and such provisions shall continue in full force and effect. DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 41 of 54 EXHIBIT E AUTHORIZING RESOLUTION DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 42 of 54 DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 43 of 54 EXHIBIT F REPORT FORMATS AND REQUIREMENTS The following reporting formats should be utilized. Please obtain State approval prior to submitting a report in an alternative format. PROGRESS REPORTS Progress reports shall generally use the following format. This format may be modified as necessary to effectively communicate information. For each project, discuss the following at the task level, as organized in Exhibit A: • Percent complete (by work) • Discussion of work accomplished during the reporting period. • Milestones or deliverables completed/submitted during the reporting period. • Meetings held or attended. • Scheduling concerns and issues encountered that may delay completion of the task. • Budget projections for grant share for the next two quarters For each project, discuss the following at the project level, as organized in Exhibit A: • Work anticipated for the next reporting period. • Photo documentation, as appropriate. • Any schedule or budget modifications approved by DWR during the reporting period. PROJECT COMPLETION REPORT The Project Completion Report (or a Component Completion Report, if a Project has multiple Components) shall generally use the following format provided below for each project after co mpletion. Executive Summary The Executive Summary should include a brief summary of project informati on and include the following items: • Brief description of work proposed to be done in the original Grant application. • List any official amendments to this Grant Agreement, with a short description of the amendment. Reports and/or Products The following items should be provided, unless already submitted as a deliverable: • A copy of any final technical report or study, produced for or utilized in this Project as described in the Exhibit A • Electronic copies of any data collected, not previously submitted • Discussion of problems that occurred during the work and how those problems were resolved • Final project schedule showing actual progress versus planned progress as shown in Exhibit C Additional information that may be applicable for implementation projects includes the following: • Record drawings • Final geodetic survey information • Project photos DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 44 of 54 Cost & Disposition of Funds A list showing: • Summary of Project costs including the following items: o Accounting of the cost of project expenditure; o Include all internal and external costs not previously disclosed (i.e., additional cost share); and o A discussion of factors that positively or negatively affected the project cost and any deviation from the original Project cost estimate. Additional Information • Benefits derived from the Project, with quantification of such benefits provided. • If applicable, Certification from a California Registered Professional (Civil Engineer or Geologist, as appropriate), consistent with Exhibit D, that the project was conducted in accordance with the approved Work Plan in Exhibit A and any approved amendments thereto. • Submittal schedule for the Post-Performance Report. GRANT COMPLETION REPORT The Grant Completion Report shall generally use the following format. This format may be modified as necessary to effectively communicate information on the various projects funded by this Grant Agreement, and includes the following: • Executive Summary: consisting of a maximum of ten (10) pages summarizing information for the grant as well as the individual projects. • Brief discussion of: each project completed and how they achieved IRWM Plan objectives and/or Regional goals and whether the level, type, or magnitude of benefits of the project are comparable to the original project proposal; any remaining work to be completed and mechanism for their implementation; the benefits to DAC and/or EDA as part of this Grant Agreement if a DAC or EDA Cost Share Waiver was approved for a project; and a summary of final funds disbursement for each project. Additional Information: Summary of the submittal schedule for the Post-Performance Reports applicable for the projects in this Grant Agreement. POST-PERFORMANCE REPORT The Post-Performance Report (PPR) should be concise and focus on how each project is performing compared to its expected performance; whether the project is being operated and maintained and providing intended benefits as proposed. A PPR template may be provided by the assigned DWR Grant Manager upon request. The PPR should follow the general format of the template and provide requested information as applicable. The following information, at a minimum, shall be provided: Reports and/or products • Header including the following: o Grantee Name o Implementing Agency (if different from Grantee) o Grant Agreement Number o Project Name o Funding grant source (i.e., 2019 Proposition 1 IRWM Implementation Grant) o Report number DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 45 of 54 • Post-Performance Report schedule • Time period of the annual report (e.g., January 2018 through December 2018) • Project Description Summary • Discussion of the project benefits • An assessment of any differences between the expected versus actual project benefits as stated in the original application. Where applicable, the reporting should include quantitative metrics (e.g., new acre- feet of water produced that year, etc.). • Summary of any additional costs and/or benefits deriving from the project since its completion, if applicable. • Any additional information relevant to or generated by the continued operation of the project. DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 46 of 54 EXHIBIT G REQUIREMENTS FOR DATA SUBMITTAL Surface and Groundwater Quality Data: Groundwater quality and ambient surface water quality monitoring data that include chemical, physical, or biological data shall be submitted to the State as described below, with a narrative description of data submittal activities included in project reports. Surface water quality monitoring data shall be prepared for submission to the California Environmental Data Exchange Network (CEDEN). The CEDEN data templates are available on the CEDEN website. Inclusion of additional data elements described on the data templates is desirable. Data ready for submission should be uploaded to your CEDEN Regional Data Center via the CEDEN website. CEDEN website: http://www.ceden.org. If a project’s Work Plan contains a groundwater ambient monitoring element, groundwater quality monitoring data shall be submitted to the State for inclusion in the State Water Resources Control Board’s Groundwater Ambient Monitoring and Assessment (GAMA) Program Information on the GAMA Program can be obtained at: https://www.waterboards.ca.gov/water_issues/programs/gama/. If further information is required, the Grantee can contact the State Water Resources Control Board (SWRCB) GAMA Program. A listing of SWRCB staff involved in the GAMA program can be found at: https://www.waterboards.ca.gov/water_issues/programs/gama/contact.shtml . Groundwater Level Data For each project that collects groundwater level data, the Grantee will need to submit this data to DWR’s Water Data Library (WDL), with a narrative description of data submittal activities included in project reports, as described in Exhibit F, “Report Formats and Requirements.” Information regarding the WDL and in what format to submit data in can be found at: http://www.water.ca.gov/waterdatalibrary/. DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 47 of 54 EXHIBIT H STATE AUDIT DOCUMENT REQUIREMENTS FOR THE GRANTEE The following provides a list of documents typically required by State Auditors and general guidelines for the Grantee. List of documents pertains to both State funding and the Grantee’s Local Cost Share and details the documents/records that State Auditors would need to review in the event of this Grant Agreement is audited. The Grantee should ensure that such records are maintained for each funded project. State Audit Document Requirements Internal Controls 1. Organization chart (e.g., Agency’s overall organization chart and organization chart for the State funded Program/Project). 2. Written internal procedures and flowcharts for the following: a) Receipts and deposits b) Disbursements c) State reimbursement requests d) Expenditure tracking of State funds e) Guidelines, policy, and procedures on State funded Program/Project 3. Audit reports of the Agency internal control structure and/or financial statements within the last two years. 4. Prior audit reports on the State funded Program/Project. State Funding: 1. Original Grant Agreement, any amendment(s) and budget modification documents. 2. A listing of all bond-funded grants, loans, or subventions received from the State. 3. A listing of all other funding sources for each Program/Project. Contracts: 1. All subcontractor and consultant contracts and related or partners’ documents, if applicable. 2. Contracts between the Agency and member agencies as related to the State funded Program/Project. Invoices: 1. Invoices from vendors and subcontractors for expenditures submitted to the State for payments under the Grant Agreement. 2. Documentation linking subcontractor invoices to State reimbursement, requests and related Grant Agreement budget line items. 3. Reimbursement requests submitted to the State for the Grant Agreement. Cash Documents: 1. Receipts (copies of warrants) showing payments received from the State. 2. Deposit slips (or bank statements) showing deposit of the payments received from the State. 3. Cancelled checks or disbursement documents showing payments made to vendors, subcontractors, consultants, and/or agents under the grants or loans. 4. Bank statements showing the deposit of the receipts. Accounting Records: 1. Ledgers showing entries for funding receipts and cash disbursements. 2. Ledgers showing receipts and cash disbursement entries of other funding sources. 3. Bridging documents that tie the general ledger to requests for Grant Agreement reimbursement. Administration Costs: 1. Supporting documents showing the calculation of administration costs. DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 48 of 54 Personnel: 1. List of all contractors and Agency staff that worked on the State funded Program/Project. 2. Payroll records including timesheets for contractor staff and the Agency personnel who provided services charged to the program Project Files: 1. All supporting documentation maintained in the project files. 2. All Grant Agreement related correspondence. DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 49 of 54 EXHIBIT I LOCAL PROJECT SPONSORS AND PROJECT LOCATIONS The Grantee has assigned, for each project, a Local Project Sponsor (LPS) according to the roles of the participating agencies identified in the IRWM Plan. LPSs may act on behalf of the Grantee for the purposes of individual project management, oversight, compliance, and operations and maintenance. LPSs are identified for each sponsored Project below: Local Project Sponsor Agency Designation Sponsored Project: Project 1: West Antioch Creek Flood Conveyance Mitigation and Restoration Sponsor Agency: City of Antioch Agency Address: 200 H St, Antioch, CA 94509-1285 Project Location: Antioch, California (38.009055, -121.820271) DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 50 of 54 Local Project Sponsor Agency Designation Sponsored Project: Project 2: Bethel Island Multi-Benefit and Integrated Stormwater Project Sponsor Agency: Bethel Island Municipal Improvement District Agency Address: 3085 Stone Rd, Bethel Island, CA 94511 Project Location: Bethel Island, California (38.035556, -121.630556) DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 51 of 54 Local Project Sponsor Agency Designation Sponsored Project: Project 3: Advanced Metering and Leak Detection Sponsor Agency: Diablo Water District Agency Address: 87 Carol Ln, Oakley, CA 94561 Project Location: Oakley, California (37.996389, -121.711944) DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 52 of 54 Local Project Sponsor Agency Designation Sponsored Project: Project 4: Upper Reach of Three Creeks Parkway Restoration Project Sponsor Agency: Contra Costa County Flood Control and Water Conservation District Agency Address: 255 Glacier Dr, Martinez, CA 94553 Project Location: Brentwood, California (37.9325, -121.711111) DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 53 of 54 Local Project Sponsor Agency Designation Sponsored Project: Project 5: Citywide Non-Potable Water Distribution System Sponsor Agency: City of Brentwood Agency Address: 150 City Park Way, Brentwood, CA 94513 Project Location: Brentwood, California (37.943889, -121.723333) DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA Grant Agreement No. 4600013833 Page 54 of 54 EXHIBIT J Project Monitoring Plan Guidance Introduction For each project contained in Exhibit A, please include a brief description of the project (maximum ~150 words) including project location, implementation elements, need for the project (what problem will the project address) and responds to the requirements listed below. Project Monitoring Plan Requirements The Project Monitoring Plan shall contain responses to the following questions: • What are the anticipated project physical benefits? • What are the corresponding numeric targets for each project benefit? • How will proposed numeric targets be measured? • What are baseline conditions? • When will the targets be met (e.g., upon project completion, five years after completion)? • How often will monitoring be undertaken (e.g., monthly, yearly). • Where are monitoring point locations (e.g., meter located at…, at stream mile…)? Include relevant maps. • How will the project be maintained (e.g., irrigation, pest management, weed abatement)? • What will be the frequency and duration of maintenance proposed activities? • Are there any special environmental considerations (e.g., resource agency requirements, permit requirements, CEQA/NEPA mitigation measures)? • Who is responsible for collecting the samples (i.e., who is conducting monitoring and/or maintenance)? • How, and to whom, will monitoring results be reported (e.g., paper reports, online databases, public meetings)? • What adaptive management strategies will be employed if problems are encountered during routine monitoring or maintenance? • What is the anticipated life of the project? DocuSign Envelope ID: DAB6E099-6C87-4CEA-9B31-FDB5E07114FA RECOMMENDATION(S): ADOPT Resolution No. 2021/312 declaring October 2021 as Creek and Channel Safety Awareness Month; and ACCEPT the following status report from the Public Works Department and the Contra Costa County Flood Control and Water Conservation District (FC District) on the Creek and Channel Safety Awareness Program (CCSAP); and DIRECT the Public Works Department and the FC District to continue with implementation and the annual campaign of a Countywide sustainable CCSAP, including a follow-up report to this Board in one year. FISCAL IMPACT: Annual notices, outreach, and maintenance of safety features for this year is estimated to cost $70,000 and will be funded by Flood Control Zone 3B. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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 Cordis, (925) 313-2381 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Allison Knapp, Deputy Chief Engineer, Carrie Ricci, Deputy Public Works Director, Kelly Kalfsbeek, Administrative Services, Tim Jensen, Flood Control, Michelle Cordis, Flood Control, Catherine Windham, Flood Control C. 11 To:Contra Costa County Flood Control District Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:October 5, 2021 Contra Costa County Subject:Creek and Channel Safety Awareness Month and its Associated Program, Countywide. Project No. 7520-6B8311 BACKGROUND: On March 1, 2011, the Board of Supervisors directed the FC District to develop a sustainable and impactful outreach program to promote creek and channel safety throughout the County, after the drowning of two high school students in the Walnut Creek channel. In response, the FC District formed a CCSAP team that developed a strategy to achieve this goal. On October 4, 2011, the Board declared October 2011 as the first Creek and Channel Safety Awareness Month, accepted the status report from the FC District on the CCSAP, approved the implementation plan, and directed the FC District to continue with implementation and initiation of an annual campaign of a sustainable CCSAP, including a follow-up report to the Board in one year. Since then, the Board of Supervisors received and approved a status report on the Annual CCSAP and declared October as Creek and Channel Safety Awareness Month in the years 2012 through 2020. The Board of Supervisors also directed the FC District to continue with implementation and the annual campaign of a Countywide sustainable CCSAP, including a follow-up report to the Board in one year. This past year, we refreshed the warning stencils and signs in our facilities, ensured gates and fences were secured, completed the annual outreach to schools in September, and worked with Walnut Creek Intermediate School to continue sharing our CCSAP virtually, due to the ongoing COVID-19 pandemic and remote learning environment. During this sixth year of annual collaboration, the FC District prepared a new web-based StoryMap presentation that the student leadership class shared with the entire student body. The presentation included an overview of the Walnut Creek watershed, key photos and video contrasting calm and stormy images showing hazards in the channels, past students’ best art posters, and overall message to “Stay Out, Stay Alive!” The Chief Engineer, FC District, recommends that the Board declare October 2021 as Creek and Channel Safety Awareness Month, accept the above report, and direct the Public Works Department and FC District to continue with implementation and the annual campaign of a Countywide sustainable CCSAP, including a follow-up report to this Board in one year. CONSEQUENCE OF NEGATIVE ACTION: If this Resolution is not adopted, members of the public may not receive important information about creek and channel safety. CHILDREN'S IMPACT STATEMENT: The FC District will continue to work with the schools and youth-based groups within the County to educate children about safety regarding creeks and flood control channels. ATTACHMENTS Resolution No. 2021/312 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 10/05/2021 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/312 In The Matter Of: Declaring October 2021 as Creek and Channel Safety Awareness Month, Countywide. WHEREAS, various regional flood control channels were constructed in Contra Costa County to efficiently drain stormwater and runoff from within the cities and towns; and WHEREAS, in April 2010, a family lost a husband and son in the rain-swollen Walnut Creek Channel; and WHEREAS, in February 2011, two young men drowned in the same channel; and WHEREAS, on March 1, 2011, the Board of Supervisors directed the County Public Works Department and Contra Costa County Flood Control and Water Conservation District to pursue a sustainable outreach program to educate the public on the benefits and dangers of creeks and channels; and WHEREAS, continued education of the public about creeks and channels has been determined as the best way to keep citizens safe and avoid future tragedies; and WHEREAS, the Creek and Channel Safety Awareness Program (Program) is now being implemented Countywide with an annual declaration of October as Creek and Channel Safety Awareness Month to remind the public of the Program. NOW, THEREFORE, BE IT RESOLVED that the Contra Costa County Board of Supervisors hereby declares October 2021 as Creek and Channel Safety Awareness Month encouraging the public to be informed about the benefits and dangers of creeks and channels throughout Contra Costa County. Contact: Michelle Cordis, (925) 313-2381 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Allison Knapp, Deputy Chief Engineer, Carrie Ricci, Deputy Public Works Director, Kelly Kalfsbeek, Administrative Services, Tim Jensen, Flood Control, Michelle Cordis, Flood Control, Catherine Windham, Flood Control RECOMMENDATION(S): DENY claims filed by Farmers Insurance Exchange, Maguaya Flemings, Linda Mayfield, Gary and Gabrielle Schneider and State Farm, THC-Orange County, LLC (dba Kindred Hospital-San Francisco Bay Area), and Travelers Insurance. FISCAL IMPACT: No fiscal impact. BACKGROUND: Farmers Insurance Exchange: Subrogation claim for damage to building in an approximate amount of $400,000. Maguaya Flemings: Property claim for damage to vehicle in undisclosed amount. Linda Mayfield: Property claim for missing earrings and necklace in the amount of $140. Gary & Gabrielle Schneider & State Farm Insurance: Property claim for damage to vehicle in the amount of $996.72 THC-Orange County, LLC d/b/a Kindred Hospital-S.F. Bay Area: Breach of contract claim for unreimbursed medical treatment in the amount of $330,200. Travelers Insurance: Personal injury claim for bicycle accident in an amount in excess of $20,000. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Risk Management I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 12 To:Board of Supervisors From:Monica Nino, County Administrator Date:October 5, 2021 Contra Costa County Subject:Claims CONSEQUENCE OF NEGATIVE ACTION: Not acting on the claims could extend the claimants’ time limits to file actions against the County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Shirley Sears - 8-4802 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Antonia Welty, Deputy cc: C. 13 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:October 5, 2021 Contra Costa County Subject:Proclaiming October 2021 as Head Start Awareness Month CLERK'S ADDENDUM Aaron Alarcon-Bowen, Executive Director, Head Start Program, Community Services Bureau ATTACHMENTS Resolution 2021/319 In the matter of:Resolution No. 2021/319 Proclaiming the month of October 2021 as Head Start Awareness Month WHEREAS, Head Start began in 1965 as one of the programs in the War Against Poverty legislation with the goal of increasing social competence for vulnerable children so that they could perform at the same level as their higher income peers; WHEREAS, Head Start is distinguished from other early childhood programs by providing comprehensive services (medical, dental, mental health, nutrition, disabilities and social services) to children and families and establishing parent engagement as the cornerstone of the program; WHEREAS, because of Head Start’s success and demand in Contra Costa County, more than 4,000 children are on waiting lists for services at one of 51 Head Start and Early Head Start childcare sites, partner sites, and family care homes; WHEREAS, the County currently has the capacity to serve 1904 children in Head Start and Early Head Start; WHEREAS, brain development research shows the most formative years are from birth to three and Contra Costa acquired additional funding to reach more pregnant mothers and children 0-3 years of age to promote healthy early development; WHEREAS, the award winning Contra Costa County Head Start Program run by the Community Services Bureau of the Employment & Human Services Department has been serving children for more than 55 years; its staff has received numerous individual recognitions while the program as a whole has been recognized for excellence by the National Head Start Association, California department of Education, and Contra Costa Health Services; WHEREAS, currently 100 employees of Contra Costa Community Services Bureau staff are past or current Head Start parents who continue this tradition of excellence in early childhood education and comprehensive services; WHEREAS, during the COVID-19 pandemic when populations served by Head Start are even more vulnerable, Head Start staff continues to provide early education and comprehensive services to families in centers and through distance learning; WHEREAS, October is National Head Start Awareness Month; in recognition of the numerous contributions that Contra Costa County’s Head Start Program makes, we proclaim the month of October 2021 as Head Start Awareness Month. ___________________ 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: October 5, 2021 Monica Nino, County Administrator By: ____________________________________, Deputy 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: Joaquin Lopez 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: 10/05/2021 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: October 5, 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. 14 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:October 5, 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): APPROVE the medical staff appointments and reappointments, additional privileges, advancements, and voluntary resignations as recommend by the Medical Staff Executive Committee, at their August 16, 2021 meeting, and by the Health Services Director. FISCAL IMPACT: There is no fiscal impact for this action. BACKGROUND: The Joint Commission on Accreditation of Healthcare Organizations has requested that evidence of Board of Supervisors approval for each Medical Staff member will be placed in his or her Credentials File. The attached recommendations for appointment/reappointment were reviewed by the Credentials Committee and approved by the Medical Executive Committee. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Contra Costa Regional Medical and Contra Costa Health Centers' medical staff would not be appropriately credentialed and not be in compliance with The Joint Commission on Accreditation of Healthcare Organizations. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Linda Barnum, Marcy Wilhelm C. 15 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 5, 2021 Contra Costa County Subject:Medical Staff Appointments and Reappointments – August 16, 2021 ATTACHMENTS August List Anna M. Roth, R.N., M.S., M.P.H.Contra Costa Regional Health Services Director Medical Center & Health Centers Samir B. Shah, M.D., F.A.C.S.2500 Alhambra Avenue Chief Executive Officer Martinez, California 94553-3156 Contra Costa Regional Medical Center Ph 925-370-5000 and Health Centers & Chief Medical Officer Contra Costa Health Services A.New Medical Staff Members Ajuria, Michael, MD Internal Medicine Bhela, Serena, MD Internal Medicine Carter, Rebecca, MD Pediatrics Cho, Samuel Internal Medicine Gunda, Sateesh, MD Psychiarty/Psychology Hill, Alexandra, MD Emergency Medicine Im, Jennifer, MD Internal Medicine/Pulmonary Milne-Price, Ryann Emergency Medicine Rust, Megan MD Pathology Scott, Paris, MD OB/GYN Tafoya, Chelesa,MD Emergency Medicine Tafoya, Matthew, MD Emergency Medicine Tran, Duy Vu, MD Psychiarty/Psychology Tu, Mark, MD Diagnostic Imaging Yeon, Sangjun, FNP DFAM-Detention Zaman, Warda, DO Internal Medicine B. Applications: Lifelong Residents (Family Medicine) Dragonanovich,Hannah,DO C.Requests for Department Change Kuruvilla, Pramita, MD Hospital Medicine Suchow, David, MD Emergency Medicine D.Biennial Reappointments Beach, Courtney, MD Hospital Medicine A Brody, David, MD Hospital Medicine A Buckley, Robert, MD Surgery A Chou, Cinnie, MD DFAM A Cremin, Daniel, MD DFAM A Ding, Ningyuan, MD Hospital Medicine A Dooley, Diane, MD Pediatrics C Garcia, Darleen, DDS Dental A Hans, Nitu, PHD Psychiatry/Psychology C Hofstadler, Guenter, MD Pediatrics A Holsenbeck, Linton, MD Psychiatry/Psychology C Hyler, Bryan, MD Psychiatry/Psychology A Kishan, Sunil, MD Psychiatry/Psychology C Kuruvilla, Pramita, MD Hospital Medicine A Levin, Sara, MD DFAM A Liebig, Robert, MD Diagnostic Imaging A Nguyen, Michael, MD DFAM A Pandurangi, Maya, DO DFAM A Perlroth, Joshua, MD Internal Medicine C Ponder, Kathryn, MD Pediatrics C Rael, James, MD Internal Medicine A Rice, Abraham, MD Pediatrics A Rostkowski, John, MD Psychiatry/Psychology A Sorokin, Jeffrey, MD DFAM A Stanziale, Jennifer, MD Hospital Medicine A Sullivan, Gabriela, MD Internal Medicine A Tzvieli, Ori, MD DFAM A Ubhayakar, Kiran, MD Internal Medicine C Watkins, Melanie, MD Psychiatry/Psychology A Wondolowski, Lauren, MD DFAM A Young, Howard, MD Diagnostic Imaging C E. Biennial Reappointments for Teleradiologists (vRad)Biennial Renewal of Privileges Groode, Tamra, NP Pediatrics AFF Peterson, Wendy, NP Internal Medicine AFF F.Biennial Reappointment for Teleradiologist (vRad) Hecht, Adam, MD Diagnostic Imaging Staib, Neil, MD Diagnostic Imaging G Voluntary Resignations Ahmad, Samir, MD DFAM Hartung, Claire, MD DFAM McIlroy, Richard, MD DFAM Piccinati, David, MD Emergency Medicine Plambeck, Katherine, Psy.D Psychiatry/Psychology Romero-Duran, Adolfo, MD DFAM Selvin, Jessica, Psy.D Psychiatry/Psychology Sethi, Parminder, MD Surgery Shah, Naman, MD Emergency Medicine Streett, Robert, MD Psychiatry/Psychology Gandhi, Shailesh Psychiatry/Psychology RECOMMENDATION(S): APPOINT, in lieu of election, Emma Mendonsa and Katie Wadsworth to the Board of Trustees of Reclamation District 2122 (Winter Island) for terms of four years. FISCAL IMPACT: None. BACKGROUND: The Board of Supervisors received correspondence from Gallery & Barton, a law corporation representing Reclamation District 2122 (Winter Island). On behalf of the Reclamation District, Gallery & Barton has requested the Board of Supervisors to make appointments to fill two seats on the District's Board of Trustees in lieu of election. The District did not receive any nominations for the positions, other than from the incumbents. Pursuant to Water Code section 50741, the District will publish notice that the election has been canceled. The District has not received any petitions from landowners requesting an election be held. Therefore, the District requests that the incumbents be appointed, pursuant to Water Code sections 50740 - 50742. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Lauren Hull, (925) 655-2007 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 16 To:Board of Supervisors From:Monica Nino, County Administrator Date:October 5, 2021 Contra Costa County Subject:Reclamation District 2122 (Winter Island) Board of Trustees Appointment CONSEQUENCE OF NEGATIVE ACTION: The proposed nominees to the Board of Trustees for Reclamation District 2122 would not be approved, and the District’s Board of Trustees would have difficulty conducting business. ATTACHMENTS Reclamation District 2122 Letter RECOMMENDATION(S): ACCEPT resignation from Ben Miyaji from the Arts and Culture Commission; DECLARE the At Large Seat #2 vacant for a term ending June 30, 2023, and DIRECT the Clerk of the Board to post the vacancy, as recommended by the County Administrator's Office. FISCAL IMPACT: None. BACKGROUND: The Arts and Culture Commission advises the Board of Supervisors in 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; and to increase communications and understanding between all citizens through art. Most importantly, the Commission promotes arts and culture as a vital element of the quality of life for all of the citizens of Contra Costa County. Commissioner Ben Miyaji was appointed to the Arts and Culture Commission by the Board of Supervisors on December 8, 2020. Commissioner Miyaji submitted his letter of resignation on September 27, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 17 To:Board of Supervisors From:Monica Nino, County Administrator Date:October 5, 2021 Contra Costa County Subject:Declare Vacancy on the Arts and Culture Commission CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the vacancy will not be posted and will remain unfilled. AGENDA ATTACHMENTS MINUTES ATTACHMENTS Vacancy Notice Contra Costa County NOTICE C.17 The Board of Supervisors will make appointments to fill existing advisory body vacancies. Interested citizens may submit written applications for vacancies to the following address: Clerk of the Board of Supervisors 1025 Escobar Street, 1st Floor Martinez, CA 9455 Board , Commission , or Committee Arts & Culture Commission Seat: At-Large 2 A pp ointments will be made after October 19, 2021 I, Monica Nino, Clerk of the Board of Supervisors and the County Administrator, hereby certify that, in accordance with Section 54974 of the Government Code, the above notice of vacancy (vacancies) will be posted on October 5, 2021. cc: Hard Copy to Clerk of the Board Lobby Hard Copy to Minutes File Soft Copy .DOCX to M:\5-Notices and Postings Soft Copy .PDF to S:\Minutes Attachments\Minutes 2020 Soft Copy .PDF to M :\1 -Committee Files and Applications I hereby certify that this is a true and correct copy of an action taken and entered on the minutes ofthe Board of Supervisors on the date shown. Attested: October 5, 2021 RECOMMENDATION(S): APPOINT Laura Rodriguez to the Discretionary Representative 4 West County seat, Hannah Michaelson to the Community Representative 3 Central/South County seat, and John Moon to the Public Agency Representative 3 Central/South County seat on the Local Child Care Planning Council, for terms ending April 30, 2022, April 30, 2024, and April 30, 2022, respectively, as recommended by the Family and Human Services Committee. FISCAL IMPACT: NA BACKGROUND: The Family and Human Services Committee reviewed these appointments and recommended their appointment to the Board of Supervisors at their September 27, 2021 meeting. The Local Planning and Advisory Council for Early Care and Education (LPC) coordinates programs and services affecting early child care and education, including recommendations for the allocation of federal funds to local early child care and education programs. The LPC consists of 20 members: 4 consumer representatives - a parent or person who receives or has received APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: October 5, 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:FAMILY & HUMAN SERVICES COMMITTEE Date:October 5, 2021 Contra Costa County Subject:Appointments to Local Child Care Planning Council BACKGROUND: (CONT'D) child care services in the past 36 months; 4 child care providers - a person who provides child care services or represents persons who provide child care services; 4 public agency representatives - a person who represents a city, county, city and county, or local education agency; 4 community representatives - a person who represents an agency or business that provides private funding for child care services or who advocates for child care services through participation in civic or community based organizations; and 4 discretionary appointees - a person appointed from any of the above four categories or outside of those categories at the discretion of the appointing agencies. Terms of appointment are 3 years. CONSEQUENCE OF NEGATIVE ACTION: Failure to appoint members is likely to reduce public participation in advising policy development. CHILDREN'S IMPACT STATEMENT: NA ATTACHMENTS Appointment Memo - LPC Applications - Rodriguez, Michaelson and Moon M E M O R A N D U M DATE: August 2, 2021 TO: Contra Costa County Board of Supervisors Family and Human Services Committee Supervisor Candace Andersen, District II, Chair Supervisor Diane Burgis, District III, Vice Chair Contra Costa County Office of Education Lynn Mackey, Contra Costa County Superintendent of Schools FROM: Denise Clarke, LPC Coordinator/Manager, Educational Services SUBJECT: LPC APPOINTMENTS Contra Costa County Local Planning and Advisory Council for Early Care and Education (LPC) RECOMMENDATION(S): 1) APPOINT the following new members to the Contra Costa Local Planning and Advisory Council for Early Care and Education, as recommended by the LPC: Name Seat Area ________ Laura Rodriguez Discretionary Representative 1 West County Hannah Michaelson Community Representative 3 Central/South County John Moon Public Agency Representative 3 Central/South County REASON/S FOR RECOMMENDATION: The Contra Costa County Local Planning Council for Child Care and Development (LPC) was established in April 1998. Required by AB 1542, which was passed in 1993, thirty members of the LPC were appointed by the County Board of Supervisors and the County Superintendent of Schools. Childcare consumers and providers, public agency representatives, and community representatives each comprise 20% of the LPC. The remaining 20% are discretionary appointees. Membership is for a three-year term. On January 7, 2003, membership was decreased from 30 to 25 members, due to the difficulty being experienced in filling all of the seats. On September 19, 2012 membership was decreased from 25 to 20, due to continued difficulty to fill vacant seats. Official reduction of appointed seats provides flexibility to ensure quorum is met in order to conduct Council business. Membership consists of the following: • Four consumer representatives - a parent or person who receives or has received child care services in the past 36 months; • Four child care providers - a person who provides child care services or represents persons who provide child care services; • Four public agency representatives - a person who represents a city, county, city and county, or local education agency; • Four community representatives - a person who represents an agency or business that provides private funding for child care services or who advocates for child care services through participation in civic or community based organizations; • Four discretionary appointees - a person appointed from any of the above four categories or outside of those categories at the discretion of the appointing agencies. Appointments to the Contra Costa County Local Planning and Advisory Council for Early Care and Education (LPC) are subject to the approval of the Board of Supervisors and County Superintendent of Schools, Lynn Mackey. The Board of Supervisors designated the Family and Human Services Committee to review and recommend appointments on their behalf. RECOMMENDATION(S): APPOINT Audra Carrion to At-Large Seat 1 for a term ending on September 30, 2022, REAPPOINT Carol Carrillo to Sector Seat 4 - Child Abuse Prevention Council for a term ending on September 30, 2023, REAPPOINT Dr. Allyson Mayo to Sector Seat 5 - Mental Health seat for a term ending on September 30, 2023 and REAPPOINT Jenny Tsang to At-Large Seat 3 for a term ending on September 30, 2023 on the Family and Children's Trust Committee, as recommended by the Family and Human Services Committee. FISCAL IMPACT: NA BACKGROUND: The Family and Human Services Committee reviewed these appointments and recommended their appointment to the Board of Supervisors at their September 27, 2021 meeting. At-Large Seat 1 was declared vacant on July 27, 2021 upon transition of a FACT Committee member to the vacant District III Seat. The FACT Committee voted on April 5, 2021 to recommend appointment of Audra Carrion to At-Large Seat 1. On January 7, 2020, the Board of Supervisors APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 19 To:Board of Supervisors From:FAMILY & HUMAN SERVICES COMMITTEE Date:October 5, 2021 Contra Costa County Subject:Appointments to FACT BACKGROUND: (CONT'D) adopted Resolution No. 2020/1 adopting policy governing appointments to boards, committees, and commissions that are advisory to the Board of Supervisors. Included in this resolution was the requirement that applications for at-large/countywide seats be reviewed by a Board of Supervisors sub-committee. The Family and Children’s Trust Committee (FACT), was established in 1982 by the Contra Costa County Board of Supervisors to make funding recommendations on the allocation of a variety of funds for prevention and intervention services to reduce child abuse and neglect, provide supportive services to families and children, and promote a more coordinated, seamless system of services for families. Funding for FACT supported projects is derived from federal and state program legislation, and donations to the County’s Family and Children’s Trust Fund. Every two years, the members of the FACT establish a series of County priorities for the use of these funds through review of existing data and reports and by holding Public Hearings in various areas of the county. The Committee then develops a competitive bidding process to select non-profit, community-based agencies that can best provide the services determined to be most important. Program recommendations are made to the Board of Supervisors which makes the final funding decisions. The Committee continues to evaluate these funded programs to ensure continued provision of quality service and achievement of stated goals. Programs currently being supported include countywide parenting classes, therapeutic day care for emotionally disturbed children, treatment for families, young children and teens with both substance abuse and child abuse issues, services for homeless families, and projects to support children whose mothers have been victims of domestic violence and sexual assault. The FACT Committee has up to fifteen members who are appointed by the Board and include citizens with expertise in children’s issues, education, law, non-profit agency management, public health, and program research/evaluation. In addition, the Director of the Child Abuse Prevention Council sits as ex-officio member of the Committee and participates in all matters except actually voting on funding recommendations. Terms for all Commission seats are two years. At-Large and non-District appointed seat vacancies on the FACT have been assigned for Family and Human Services Committee (F&HS) review since 2003. CONSEQUENCE OF NEGATIVE ACTION: Failure to appoint members is likely to reduce public participation in advising policy development. CHILDREN'S IMPACT STATEMENT: NA ATTACHMENTS Request memo & Application - Carrion Application - Carrillo Application - Mayo Application - J Tsang FACT Roster - September 2021 FACT ROSTER August 2021 - DRAFT Committee Seats (5) At-Large Members (5) District Seats (5) 1. First 5 Commission Exp. 09/30/2022 Lisa R. Johnson Concord, CA 94520 2. School Representative Exp. 09/30/2022 Karin Kauzer Walnut Creek, CA 94595 3. Child Development Early Childhood Education/Local Planning Council Exp. 09/30/2022 Micaela Mota Richmond, CA 94804 4. Child Abuse Prevention Council Exp. 09/30/2021 Pending Re-Appointment Carol Carrillo, MSW Concord, CA 94520 Health Exp. 09/30/2021 Pending Re-Appointment Dr. Allyson Mayo 1. Vacant - Pending Appointment - Carrion Exp. 09/30/2022 Address City, CA Zip Phone: 2. Katie Callahan Cisco Exp. 09/30/2022 Concord, CA 94521 2. Jenny Tsang Pending Extension Exp. 09/30/2021 Lafayette, CA 94549 4. Joseph DeLuca Pending Vacancy Exp. 09/30/2021 Lafayette, CA 94549 5. Jennifer Early Exp. 09/30/2022 Richmond, CA 94804 District I Exp. 09/30/2021 Supervisor John Gioia Pending Re-Appointment Richard Bell El Cerrito, CA 94530 District II Exp. 09/30/2021 Supervisor Candace Andersen Pending Re-Appointment Mary Flott Alamo, CA 94507 District III Exp. 09/30/2022 Supervisor Diane Burgis Pa’tanisha Davis Brentwood, CA 94513 District IV Exp. 09/30/2023 Supervisor Karen Mitchoff David Leimsieder Exp. 09/30/2021 Walnut Creek, CA 94596 District V Exp. 09/30/2023 Supervisor Federal Glover Ani Pereira-Sekhon Lafayette, CA 94549 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 August 16, 2021 Blue Highlights represent Appointments or Vacancies Pending Final Approvals in August/September 2021 RECOMMENDATION(S): APPOINT Victor Ortiz to Member-at-Large Seat 2 on the Alcohol and Other Drugs Advisory Board for a term ending June 30, 2024, as recommended by the Family and Human Services Committee. FISCAL IMPACT: NA BACKGROUND: The Family and Human Services Committee reviewed this appointment and recommended their appointment to the Board of Supervisors at their September 27, 2021 meeting. The Alcohol and Other Drugs Advisory Board’s Executive Committee met and recommended the reinstatement of Victor Ortiz. Mr. Ortiz's previous term expired on June 30, 2021. Because the term expired, the seat is vacant but Mr. Victor Ortiz, who was the Vice Chair of the Board at the end of his term in June 2021, has expressed his interest to continue on the Advisory Board. On January 7, 2020 the Board of Supervisors adopted Resolution No. 2020/1 adopting policy governing appointments to boards, committees, and commissions that are advisory to the Board of APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: October 5, 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:FAMILY & HUMAN SERVICES COMMITTEE Date:October 5, 2021 Contra Costa County Subject:Appointment to Alcohol and Other Drugs Advisory Board BACKGROUND: (CONT'D) Supervisors. Included in this resolution was a requirement that applications for at large/countywide seats be reviewed by a Board of Supervisors committee. At Large seats on the Alcohol and Other Drugs Advisory Board are assigned to FHS for review and recommendation to the Board of Supervisors. The Alcohol and Other Drugs Advisory Board provides input and recommendations to the Board of Supervisors and the Health Services Department concerning family and community needs regarding prevention and treatment of alcohol and drug related problems. The mission of the Contra Costa County Alcohol and Other Drugs Advisory Board is to assess family and community needs regarding treatment and prevention of alcohol and drug abuse problems. The board reports their findings and recommendations to the Contra Costa Health Services Department, the Board of Supervisors and the communities they serve. The Alcohol and Other Drugs Advisory Board works in collaboration with the Alcohol and Other Drugs Services of Contra Costa Health Services. The board provides input and recommendations as they pertain to alcohol and other drugs prevention, intervention, and treatment services. CONSEQUENCE OF NEGATIVE ACTION: Failure to appoint members is likely to reduce public participation in advising policy development. CHILDREN'S IMPACT STATEMENT: NA ATTACHMENTS Appointment Memo - AODAB AODAB - Roster - September 2021 CCCAODS will provide reasonable accommodations for persons with disabilities planning to attend the meetings who should contact staff at least 24 hours before the meeting at (925) 335-3307. The Contra Costa County Alcohol and Other Drugs Advisory Board welcomes and encourages public participation at each meeting. Public comments on the agenda or any item of interest within the jurisdiction of the Contra Costa County Alcohol and Other Drugs Advisory Board are restricted to a maximum of three minutes per speaker. Topics not posted on the agenda may be addressed by the general public, however, California Law prohibits a Board or Commission from taking a ction on matters which are not on the agenda, unless in specific instances as stated under the Brown Act. Any person wishing to add ress this Board on matters not posted on the agenda should bring their request to the attention of the Chair, Vice Chair or Staff of the Board. Thank you. For more information, contact Fatima Mata l Sol (925) 335-3307. “The mission of the Contra Costa County Alcohol and Other Drugs Advisory Board is to assess family and community needs regarding prevention and treatment of alcohol and other drug-related problems. Resultant findings and recommendations are forwarded to the Health Services Department and the Board of Supervisors. The Board also serves as an advocate for these findings and recommendations to the communities that we serve.” Date: September 8, 2021 To: Family and Human Services Committee, Contra Costa Board of Supervisors From: Fatima Matal Sol, Staff contact for the Alcohol and Other Drugs Advisory Board RE: Alcohol and Other Drugs Advisory Board – At Large Member Re instatement The Alcohol and Other Drugs Advisory Board (AODAB), in its continued efforts to maintain full membership that represents the diversity in our community and county, hereby makes the following recommendation to re instate a Board member whose seat expired on June 30, 2021. Because the term expired the seat is vacant but Mr. Victor Ortiz who is also the Vice Chair of the Board has expressed his interest to continue on the Board. NOMINEE SEAT TERM EXPIRATION Victor Ortiz Member-at-Large Seat 2 6/30/2024 Three years Mr. Ortiz has been serving on the AODAB for over two years, since his appointment he has contributed with his leadership and facilitation skills . As indicated above, he is currently the Vice -Chair and would like to be considered for reinstatement. He is a resident of the City of Walnut Creek. Should you have any questions, please contact me at: Phone: 925-335-3307 Email: Fatima.MatalSol@hsd.cccounty.us Thank you in advance for your kind consideration in this matter. Contra Costa County Alcohol and Other Drugs Advisory Board 1220 Morello Avenue, Suite 101 Martinez, CA 94553 (925) 335–3307; fax (925) 335–3318 District I Antwon Cloird District 2 Guita Bahramipour District 3 Vacant District 4 Vacant District 5 Logan Campbell At - Large Member Jonathan Ciampi Vacant Talia Moore Rhiannon Shires Evelyn Howard Dylan Johnston At - Large Alternate Ashley Ganem Robert Frey Candace Cowing Contra Costa County Alcohol and Other Drugs Advisory Board 1220 Morello Avenue, Suite 101 Martinez, CA 94553 925-335-3307 Jayme Shipe W: 925-335-3306 Jayme.Shipe@cchealth.org Phone Number Email Address Appt Expires DISTRICT I – MEMBERS John Gioia, Supervisor 11780 San Pablo Ave. #D, El Cerrito 94530 W: (510) 374-3231 F: (510)374-3429 Antwon Cloird 2012 6-30-22 DISTRICT II – MEMBERS Candace Andersen, Supervisor 309 Diablo Road, Danville, 94526 W: (925) 957-8860 F: (925) 820-3787 Guita Bahramipour 2011 6-30-23 DISTRICT III – MEMBERS Diane Burgis, Supervisor 3361 Walnut Boulevard Suite 140, Brentwood, CA, 94513 W: ( 925) 252-4500 F: (925) 240-7261 Vacant DISTRICT IV – MEMBERS Karen Mitchoff, Supervisor 2151 Salvio Street, Suite R, Concord, CA 94520 W: (925) 521-7100 F: (925) 646-5202 Vacant DISTRICT V – MEMBERS Federal Glover, Supervisor 315 -E. Leland Ave., Pittsburg 94565 W: (925) 427-8138 F: (925) 427-8142 Logan Campbell 2019 6-30-22 AT LARGE MEMBERS (Internal Operations Committee) Jonathan Ciampi (I) 2018 6-30-23 Talia Moore (III) 2018 6-30-22 Rhiannon Shires, Psy.D (IV) 2021 6-30-23 Evelyn Howard (V) 2020 6-30-23 Dylan Johnston (VI) 2021 6-30-24 AT LARGE ALTERNATE MEMBERS (Internal Operations Committee) Ashley Ganem (R) 2021 6-30-24 Candace Cowing 2021 6-30-24 Robert Frey 2021 6-30-24 ALCOHOL AND OTHER DRUGS SERVICES ADMINISTRATIVE STAFF Fatima Matal Sol W: 925-335-3307 Fatima.MatalSol@cchealth.org RECOMMENDATION(S): REAPPOINT Rhonda Butler to At-Large Seat #3, Gerald Richards to At-Large Seat #9, Jagit Bhambra to At-Large Seat #11, Dennis Yee to At-Large Seat #14, Brian O'Toole to At-Large Seat #16 and Jill Kleiner to At-Large Seat #19 on the Contra Costa Advisory Council on Aging for terms ending September 30, 2023, as recommended by the Family and Human Services Committee. FISCAL IMPACT: NA BACKGROUND: The Family and Human Services Committee reviewed these appointments and recommended their appointment to the Board of Supervisors at their September 27, 2021 meeting. On January 7, 2020 the Board of Supervisors adopted Resolution No. 2020/1 adopting policy governing appointments to boards, committees, and commissions that are advisory to the Board of Supervisors. Included in this resolution was a requirement that applications for at-large/countywide seats be reviewed by a Board of Supervisors committee. The Advisory Council on Aging APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: October 5, 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:FAMILY & HUMAN SERVICES COMMITTEE Date:October 5, 2021 Contra Costa County Subject:Appointments to Advisory Council on Aging BACKGROUND: (CONT'D) provides a means for county-wide planning, cooperation and coordination for individuals and groups interested in improving and developing services and opportunities for the older residents of this County. The Council provides leadership and advocacy on behalf of older persons and serves as a channel of communication and information on aging. The Advisory Council on Aging (ACOA) consists of 40 members serving 2 year staggered terms, each ending on September 30. The Council consists of representatives of the target population and the general public, including older low-income and military persons; at least one-half of the membership must be made up of actual consumers of services under the Area Plan. The Council includes: 19 representatives recommended from each Local Committee on Aging, 1 representative from the Nutrition Project Council, 1 Retired Senior Volunteer Program, and 19 Members at-Large. The Area Agency on Aging, the ACOA Membership Committee and the Clerk of the Board, using CCTV, recruit for these seats. The Contra Costa County EHSD website contains dedicated web content where interested members of the public are encouraged to apply. The website provides access to the Board of Supervisors official application with instructions on whom to contact for ACOA related inquiries, including application procedure. CONSEQUENCE OF NEGATIVE ACTION: Failure to appoint members is likely to reduce public participation in advising policy development. CHILDREN'S IMPACT STATEMENT: NA ATTACHMENTS Application - Butler Application - Richards Application - Bhambra Application - Yee Application - O'Toole Application - Kleiner ACOA Roster - September 2021 Advisory Board Seat Title Term Expiration Date Advisory Council on Aging Nutrition Project Council 9/30/2022 Advisory Council on Aging At-Large 1 9/30/2022 Advisory Council on Aging At-Large 2 9/30/2022 Advisory Council on Aging At-Large 3 9/30/2021 Advisory Council on Aging At-Large 4 9/30/2022 Advisory Council on Aging At-Large 5 9/30/2022 Advisory Council on Aging At-Large 6 9/30/2022 Advisory Council on Aging At-Large 7 9/30/2022 Advisory Council on Aging At-Large 8 9/30/2022 Advisory Council on Aging At-Large 9 9/30/2021 Advisory Council on Aging At-Large 10 9/30/2022 Advisory Council on Aging At-Large 11 9/30/2021 Advisory Council on Aging At-Large 12 9/30/2022 Advisory Council on Aging At-Large 13 9/30/2022 Advisory Council on Aging At-Large 14 9/30/2021 Advisory Council on Aging At-Large 15 9/30/2022 Advisory Council on Aging At-Large 16 9/30/2021 Advisory Council on Aging At-Large 17 9/30/2022 Advisory Council on Aging At-Large 18 9/30/2022 Advisory Council on Aging At-Large 19 9/30/2021 Advisory Council on Aging At-Large 20 9/30/2021 Advisory Council on Aging Local Committee Lafayette 9/30/2021 Advisory Council on Aging Local Committee Orinda 9/30/2021 Advisory Council on Aging Local Committee Antioch 9/30/2022 Advisory Council on Aging Local Committee Pleasant Hill 9/30/2021 Advisory Council on Aging Local Committee Pinole 9/30/2022 Advisory Council on Aging Local Committee Concord 9/30/2022 Advisory Council on Aging Local Committee Richmond 9/30/2022 Advisory Council on Aging Local Committee El Cerrito 9/30/2022 Advisory Council on Aging Local Committee Hercules 9/30/2022 Advisory Council on Aging Local Committee Pittsburg 9/30/2021 Advisory Council on Aging Local Committee San Ramon 9/30/2022 Advisory Council on Aging Local Committee Clayton 9/30/2021 Advisory Council on Aging Local Committee Alamo-Danville 9/30/2021 Advisory Council on Aging Local Committee Walnut Creek 9/30/2021 Advisory Council on Aging Local Committee Moraga 9/30/2021 Advisory Council on Aging Local Committee San Pablo 9/30/2022 Advisory Council on Aging Local Committee Martinez 9/30/2022 Advisory Council on Aging Local Committee Brentwood 9/30/2021 Advisory Council on Aging Local Committee Oakley 9/30/2021 Term length: 24 months Current Incumbent Incumbent Supervisor District BoS Appointment Date Number Meetings Attended Since Appointment Date Total Number of Meetings Held Since Appointment Garrett, Gail I 10/25/2020 40 44 Reed, Penny I 12/8/2020 8 9 Krohn, Shirley IV 10/25/2020 39 41 Butler, Rhoda III 7/13/2021 1 2 Shafiabady, Sara V 9/15/2020 9 11 Card, Deborah V 10/9/2020 39 41 Lipson, Steve I 12/11/2020 22 23 Selleck, Summer IV 10/9/2020 20 32 Leasure, Nancy II 6/23/2020 13 13 Richards, Gerald V 10/22/2019 16 16 Tobey, Terri II 10/25/2020 20 20 Bhambra, Jagjit V 11/7/2019 28 31 Neemuchwalla, Nuru IV 10/25/2020 37 41 Hernandez, Michelle IV 2/2/2021 5 7 Yee, Dennis IV 10/9/2019 23 24 Bruns, Mary IV 10/25/2020 30 33 O'Toole, Brian IV 10/9/2019 21 25 Donovan, Kevin D.II 10/25/2020 23 25 Meltzer, Sue IV 10/25/2020 4 5 Kleiner, Jill II 12/11/2019 22 24 I Partridge, Erin II 2/11/2020 12 14 Evans, Candace II 3/23/2021 5 5 Fernandez, Rudy III 10/25/2020 36 40 Van Ackeren, Lorna IV 10/17/2019 25 29 Smith, Frances I 10/25/2020 16 21 Kim-Selby, Joanna I 10/25/2020 30 43 Doran, Jennifer V 10/25/2020 36 37 Carterelliott, Kacey V 8/10/2021 1 2 Sakai-Miller, Sharon II 9/15/2020 11 11 Berman, Michelle IV 6/8/2021 3 3 Donnelly, James II 10/17/2017 30 32 Freitag, Eric IV 8/10/2021 1 2 Aufhauser, Martin II 6/16/2020 13 13 Kee, Arthur III 10/17/2017 30 33 Casey, Megan III 9/8/2020 9 11 Advisory Board Seat Title Term Expiration Date Advisory Council on Aging Nutrition Project Council 9/30/2022 Advisory Council on Aging At-Large 1 9/30/2022 Advisory Council on Aging At-Large 2 9/30/2022 Advisory Council on Aging At-Large 3 9/30/2021 Advisory Council on Aging At-Large 4 9/30/2022 Advisory Council on Aging At-Large 5 9/30/2022 Advisory Council on Aging At-Large 6 9/30/2022 Advisory Council on Aging At-Large 7 9/30/2022 Advisory Council on Aging At-Large 8 9/30/2021 Advisory Council on Aging At-Large 9 9/30/2021 Advisory Council on Aging At-Large 10 9/30/2022 Advisory Council on Aging At-Large 11 9/30/2021 Advisory Council on Aging At-Large 12 9/30/2022 Advisory Council on Aging At-Large 13 9/30/2022 Advisory Council on Aging At-Large 14 9/30/2021 Advisory Council on Aging At-Large 15 9/30/2021 Advisory Council on Aging At-Large 16 9/30/2021 Advisory Council on Aging At-Large 17 9/30/2022 Advisory Council on Aging At-Large 18 9/30/2022 Advisory Council on Aging At-Large 19 9/30/2021 Advisory Council on Aging At-Large 20 9/30/2021 Advisory Council on Aging Local Committee Lafayette 9/30/2021 Advisory Council on Aging Local Committee Orinda 9/30/2021 Advisory Council on Aging Local Committee Antioch 9/30/2022 Advisory Council on Aging Local Committee Pleasant Hill 9/30/2021 Advisory Council on Aging Local Committee Pinole 9/30/2022 Advisory Council on Aging Local Committee Concord 9/30/2022 Advisory Council on Aging Local Committee Richmond 9/30/2022 Advisory Council on Aging Local Committee El Cerrito 9/30/2022 Advisory Council on Aging Local Committee Hercules 9/30/2022 Advisory Council on Aging Local Committee Pittsburg 9/30/2021 Advisory Council on Aging Local Committee San Ramon 9/30/2021 Advisory Council on Aging Local Committee Clayton 9/30/2021 Advisory Council on Aging Local Committee Alamo-Danville 9/30/2021 Advisory Council on Aging Local Committee Walnut Creek 9/30/2021 Advisory Council on Aging Local Committee Moraga 9/30/2021 Advisory Council on Aging Local Committee San Pablo 9/30/2022 Advisory Council on Aging Local Committee Martinez 9/30/2022 Advisory Council on Aging Local Committee Brentwood 9/30/2021 Advisory Council on Aging Local Committee Oakley 9/30/2022 Current Incumbent Incumbent Supervisor District BoS Appointment Date Garrett, Gail I 10/25/2020 Reed, Penny I 12/8/2020 Krohn, Shirley IV 10/25/2020 VACANT Shafiabady, Sara IV 9/15/2020 Card, Deborah V 10/9/2020 Lipson, Steve I 12/11/2020 Selleck, Summer IV 10/9/2020 Leasure, Nancy II 6/23/2020 Richards, Gerald V 10/22/2019 Tobey, Terri II 10/25/2020 Bhambra, Jagjit V 11/7/2019 Neemuchwalla, Nuru IV 10/25/2020 Hernandez, Michelle IV 2/2/2021 Yee, Dennis IV 10/9/2019 Bruns, Mary IV 10/25/2020 O'Toole, Brian IV 10/9/2019 Donovan, Kevin D.II 10/25/2020 Meltzer, Sue I 10/25/2020 Kleiner, Jill II 12/11/2019 Frederick, Susan IV 3/30/2021 Partridge, Erin II 2/11/2020 Evans, Candace II 3/23/2021 Fernandez, Rudy III 10/25/2020 Van Ackeren, Lorna IV 10/17/2019 Vacant Vacant Smith, Frances I 10/25/2020 Kim-Selby, Joanna I 10/25/2020 Doran, Jennifer V 10/25/2020 Vacant Sakai-Miller, Sharon II 9/15/2020 Berman, Michelle IV 6/8/2021 Donnelly, James II 10/17/2019 Vacant IV 3/19/2019 Aufhauser, Martin II 6/16/2020 Vacant Vacant Kee, Arthur III 10/17/2019 Casey, Megan III 9/8/2020 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 25811 to add two (2) permanent full-time Mental Health Specialist II (VQVA) positions at salary plan and grade TC2-1284 ($59,730 - $84,398) in the Health Services Department. (Represented) FISCAL IMPACT: Upon approval, this action will result in a cost increase of approximately $292,470 including $113,420 in pension costs. Funded by 20% Federal SAMHSA Mental Health Block Grant First Episode Psychosis Set-Aside (MHBG FEP set-aside) and 80% MHSA dollars. BACKGROUND: Behavioral Health's First Hope Program is an early intervention program that offers intensive family-centered services to adolescents and young adults showing early signs of psychosis or have experienced a recent psychotic episode. Due to an increased demand within Contra Costa County, adding two (2) Mental Health Specialist II positions will help the County succeed in providing case management services to clients in the evaluation of their psychological, economic, vocational, educational, physical health, living arrangement, and socialization needs. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Lauren Jimenez, 925-957-5262 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 22 To:Board of Supervisors From:Anna Roth, Health Services Date:October 5, 2021 Contra Costa County Subject:Add Two Mental Health Specialist II Positions in the Health Services Department CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, there will not be adequate staffing and Behavioral Health's First Hope Program may not be able to provide quality services to adolescents and young adults showing early signs of psychosis. AGENDA ATTACHMENTS P300 No. 25811 HSD MINUTES ATTACHMENTS Signed P300 25811 POSITION ADJUSTMENT REQUEST NO. 25811 DATE 9/22/2021 Department No./ Department Health Services Department Budget Unit No. 0467 Org No. 5727 Agenc y No. A18 Action Requested: Add Two (2) Permanent Full-Time Mental Health Specialist II (VQVA) Positions in the Health Services Department (Represented) Proposed Effective Date: 10/6/2021 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 $292,469.62 Net County Cost $0.00 Total this FY $63,299.00 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 80% MHSA Dollars, 20% Federal SAMHSA MH Block Grant Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Lauren Jimenez ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Kaitlyn Jeffus for 9/28/2021 ___________________________________ ________________ 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 9/30/2021 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 A dministrator 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 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. 25809 to cancel two (2) vacant Clinical Psychologist (VQTB) Positions #8118 and #12840 at salary plan and grade TC2-1483 ($72,739 - $102,778) and add two (2) permanent full-time Mental Health Clinical Specialist (VQSB) positions at salary plan and grade TC2-1384 ($65,947 - $97,899) in the Health Services Department. (All represented) FISCAL IMPACT: Upon approval, this action will result in annual cost savings of approximately $14,841 including $5,756 in pension costs. (100% Hospital Enterprise Fund I) BACKGROUND: The Contra Costa Regional Medical Center (CCRMC) Hospital & Health Centers currently have no staffing for mental health services at the Brentwood Health Center and inadequate staffing at the West County Health Center. The Clinical Psychologist recruitment eligible list has been exhausted and due to time constraints, the division must hire Mental Health Clinical Specialists to prevent a reduction of available services to the public as patients at the health centers need mental health services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Lauren Jimenez, 925-957-5262 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 23 To:Board of Supervisors From:Anna Roth, Health Services Date:October 5, 2021 Contra Costa County Subject:Cancel Two Clinical Psychologist Positions and Add Two Mental Health Clinical Specialist Positions in the Health Services Department CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, there will not be adequate staffing which will result in a reduction of available services to the public as patients at the hospital and health centers need mental health services. AGENDA ATTACHMENTS P300 No. 25809 HSD MINUTES ATTACHMENTS Signed P300 25809 POSITION ADJUSTMENT REQUEST NO. 25809 DATE 09/22/21 Department No./ Department Health Services Department Budget Unit No. 0450 Org No. 6417 Agency No. A18 Action Requested: Cancel two (2) Clinical Psychologist (VQTB) positions #8118 and #12840 and add two (2) Mental Health Clinical Specialist (VQSB) positions in the Health Services Department. (Represented) Proposed Effective Date: 10/6/2021 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 $14,841.00 Net County Cost $0.00 Total this FY $11,131.00 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% Hospital Enterprise Fund I cost savings Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Lauren Jimenez ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Kaitlyn Jeffus for 9/28/2021 ___________________________________ ________________ Deputy County Admini strator 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 9/30/2021 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: 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 No. 25810 to cancel two (2) Community Health Worker I (VKWC) positions #17659 and #17760 at salary plan and grade TC5-0993 ($40,956 - $45,154) and add two (2) permanent full-time Substance Abuse Counselor (VHVC) positions at salary plan and grade TC5-1436 ($67,393 - $81,917) in the Health Services Department. (All represented) FISCAL IMPACT: Upon approval, this action will result in an annual cost increase of approximately $111,818 including $43,363 in pension costs. This will be 100% funded by the Residential Substance Abuse Treatment (RSAT) grant through the Bureau of Justice Assistance (BJA) and the California Board of Corrections. BACKGROUND: The Alcohol and Other Drugs Services (AODS) must cancel two (2) vacant Community Health Worker I (VKWC) positions #17659 and #17660 and add two (2) Substance Abuse Counselor (VHVC) positions, one of which will be flagged for Spanish speaking incumbents to continue to meet Division goals of increasing penetration rates in County threshold languages. A Residential Substance APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Lauren Jimenez, 925-957-5262 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 24 To:Board of Supervisors From:Anna Roth, Health Services Date:October 5, 2021 Contra Costa County Subject:Cancel Two Community Health Worker I Positions and Add Two Substance Abuse Counselor Positions in the Health Services Department BACKGROUND: (CONT'D) Abuse Treatment (RSAT) grant was awarded to Alcohol and Other Drugs Services (AODS) for the provision of substance use counseling in the West County Detention Facility located in Richmond. It is imperative that Substance Abuse Counselors work at this location to screen and counsel inside the facility, perform case management duties, coordinate care with outside substance use agencies upon release, and work closely with the Contra Costa Behavioral Health Access Line. The Substance Abuse Counselor positions are needed in order to function efficiently and help the population within Alcohol and Other Drugs Services (AODS). CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, there will not be adequate staffing at the West County Detention Facility located in Richmond and Alcohol and Other Drugs Services (AODS) may lose its Residential Substance Abuse Treatment (RSAT) grant that was awarded to their program. AGENDA ATTACHMENTS P300 No. 25810 HSD MINUTES ATTACHMENTS Signed P300 25810 POSITION ADJUSTMENT REQUEST NO. 25810 DATE 09/22/21 Department No./ Department Health Services Department Budget Unit No. 0466 Org No. 5916 Agenc y No. A18 Action Requested: Cancel two (2) Community Health Worker I (VKWC) positions #17659 (40/40) and #17660 (40/40) and add two (2) Permanent Full-Time Substance Abuse Counselor (VHVC) positions in the Health Services Department. (Represented) Proposed Effective Date: 10/6/2021 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 $111,818.00 Net County Cost $0.00 Total this FY $83,864.00 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% funded by Residential Substance Abuse Treat ment Grant Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Lauren Jimenez ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Kaitlyn Jeffus for 9/28/2021 ___________________________________ ________________ 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 Resourc es Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 9/30/2021 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: 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): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Grant Agreement #29-818-4 containing mutual indemnification with Public Health Foundation Enterprises, Inc. (DBA Heluna Health), a non-profit corporation, to pay the County an amount not to exceed $23,639 for participation in the FoodNet Expanded Case Exposure Ascertainment (eCEA) Project, for the period from August 1, 2021 through July 31, 2022. FISCAL IMPACT: This agreement will result in revenues of up to $23,639 from the Public Health Foundation Enterprises. (No County match) BACKGROUND: The Health Services Department’s Public Health Division receives hundreds of reports of Salmonellosis and Shigellosis cases annually. There are likely many cases that do not get reported because community members do not see their doctor or confirmatory testing is not performed. These infections can result in serious illness and hospitalization across the age spectrum. Administering the expanded case report and the eCEA questionnaire will allow health officials to gather additional information that could result in enhanced disease prevention and control activities. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Ori Tzvieli, M.D., 925-608-5267 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm C. 25 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 5, 2021 Contra Costa County Subject:Agreement #29-818-4 with Public Health Foundation Enterprises, Inc. (DBA Heluna Health) BACKGROUND: (CONT'D) On March 9, 2021, the Board of Supervisors approved Grant Agreement #29-818-3 with Public Health Foundation Enterprises, Inc. (DBA Heluna Health) to receive funds in the amount of $24,889 for participation in the eCEA, to study foodborne bacteria, for the period from August 1, 2020 through July 31, 2021. Approval of Agreement #29-818-4 will allow the County to continue to receive funds to support the eCEA Project, through July 31, 2022. This agreement includes mutual indemnification. CONSEQUENCE OF NEGATIVE ACTION: If this agreement is not approved, the County will not receive funding to provide services for the eCEA Project. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to accept Grant Award #28-978 with the U.S. Department of Health and Human Services, Substance Abuse and Mental Health Services Administration (SAMHSA), to pay the County up to $499,896, for the Contra Costa Health Service’s Opioid Multiagency Response Initiative, for the period from September 30, 2021 through September 29, 2022. FISCAL IMPACT: Acceptance of the grant award will result in payment to the County up to $499,896 in funding from the U.S. Department of Health and Human Services SAMHSA. No County match is required. BACKGROUND: The goal of this grant is to expand and enhance the Opioid Multiagency Response Initiative, which is the first of its kind in the State of California. Through this innovative three Divisions of Contra Costa Health Services: Emergency Medical Services, Public Health and Contra Costa Regional Medical Center will collaborate with American Medical Response (AMR), the County’s primary contracted transport 911 provider, to provide resources, training, and support to APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Ori Tzvieli, M.D., 925-608-5267 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm C. 26 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 5, 2021 Contra Costa County Subject:Grant Award #28-978 with the U.S. Department of Health and Human Services BACKGROUND: (CONT'D) paramedics distributing leave-behind naloxone kits and administering buprenorphine and naloxone in the field and establish a seamless referral pathway to connect individuals with opioid use disorder to outpatient medical-assisted treatment and other resources for recovery. Approval of new Grant Award #28-978 will allow the County’s Health Services Department’s Opioid Multiagency Response Initiative to take place through September 29, 2022. CONSEQUENCE OF NEGATIVE ACTION: If this grant is not approved, the County will not receive funds to expand an enhance the Opioid Multiagency Response Initiative. RECOMMENDATION(S): ADOPT Resolution No. 2100/474 to approve and authorize the Employment and Human Services Director, or designee, to execute a Revenue Contract Amendment with the California Department of Community Services and Development to change term the end date from September 30, 2021 to December 31, 2021 with no change to the payment limit of $1,115,537. FISCAL IMPACT: No change in the revenue Contract amount of $1,115,537. No fiscal impact. State Agreement No. 20U-2554-2 County Contract No. 39-949-2 CFDA # 93.568. (100% Federal) BACKGROUND: On July 8, 2020, the County received funding from the State Department of Community Services and Development to provide energy bill assistance payments and weatherization services to County residents who are financially APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: CSB (925) 608-6389 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: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Theodore Trinh, Nelly Ige (Escobar), Michael Morris C. 27 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:October 5, 2021 Contra Costa County Subject:2020 CARES Act Program Revenue Contract for Low Income Home Energy Assistance Program Amendment 2 BACKGROUND: (CONT'D) impacted by the COVID-19 pandemic through the CARES Act Program Contract under the Low Income Home Energy Assistance Program (LIHEAP) and the Energy Crisis Intervention Program (ECIP). Energy saving measures may provide homes with hot water heaters, furnaces, refrigerators, microwaves, doors, windows, energy-saving light bulbs, weather stripping, ceiling fans, and attic insulation. Homes with gas appliances receive a combustion appliance safety test that checks for carbon monoxide gas leakage and are provided with a carbon monoxide alarm. Residents can also qualify for the Home Energy Assistance Program, which provides a credit on their energy bills. First priorities are for income eligible households that have suffered an employment impact in meeting their home energy needs, particularly those that pay a high proportion of household income for home energy and whose household includes a member of the Vulnerable Populations defined as elderly individuals, disabled individuals or children five years and under. Second priority are to those households which have the lowest incomes and the highest energy costs or needs in relation to income. The funding is to help prevent, prepare for, or respond to the COVID-19 pandemic. The Board approved the original agreement on September 22, 2020 (C.29). The Board approved the first amendment to extend term end date from April 30, 2021 to September 30, 2021 on March 23, 2021 (C.44). This board order is to extend the term end date from September 30, 2021 to December 31, 2021 with no change in Contract amount. CONSEQUENCE OF NEGATIVE ACTION: If not approved, the County may not be able to continue the operations of the CARES Act Program Contract for LIHEAP. CHILDREN'S IMPACT STATEMENT: The LIHEAP funding supports one of the community outcomes established in the Children's Report Card, #4 "Families that are Safe, Stable and Nurturing" by the provision of home energy assistance to keep households warm in winter and to increase household energy efficiency. AGENDA ATTACHMENTS Resolution 2100/474 MINUTES ATTACHMENTS Signed Resolution No. 2021/474 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 10/05/2021 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2100/474 In the Matter Of: 2020 Coronavirus Aid, Relief, and Economic Security (CARES) Act Program Revenue Contract for Low Income Home Energy Assistance Program (LIHEAP) Amendment 2 WHEREAS: On July 8, 2020, the County received funding from the State Department of Community Services and Development for Low Income Home Energy Assistance Program services; and WHEREAS, County will provide energy saving assistance payments and weatherization services to County residents who are financially impacted by COVID-19 pandemic; and WHEREAS, energy saving assistance measures and services may include providing homes with hot water heaters, furnaces, refrigerators, microwaves, doors, windows, light bulbs, weather stripping, ceiling fans, attic insulation, and checks for carbon monoxide gas leakage and alarms; and WHEREAS, the first priority are income eligible households that have suffered an employment impact in meeting home energy needs, particularly those that pay a high proportion of household income for home energy and whose household incudes a member of vulnerable populations defined as elderly individuals, disabled individuals, or children five years and under; and WHEREAS, the CARES funding is to help prevent, prepare for, or respond to the COVID-19 pandemic. Now, Therefore, Be It Resolved: the Contra Costa County Board of Supervisors to approve and authorize the Employment and Human Services Director, or designee, to execute a revenue Contract with the California Department of Community Services and Development to change term end date from September 30, 2021 to December 31, 2021 with no change to the payment limit of $1,115,537. Contact: CSB (925) 608-6389 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: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Theodore Trinh, Nelly Ige (Escobar), Michael Morris RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to accept funding in the amount of $102,400 and execute an agreement with Contra Costa County Office of Education for Quality Matters programs for the period October 1, 2021 through June 30, 2022. FISCAL IMPACT: This agreement is entirely funded by Contra Costa County Office of Education. No County Match. BACKGROUND: The Department's Community Services Bureau (CSB) submitted a grant application to Contra Costa County Office of Education to receive funding to implement a Quality Matters program through stipends for the following childcare centers: Balboa, George Miller, Bayo Vista, Crescent Park, GM III, Lavonia Allen, Los Arboles, Los Nogales and Riverview. Stipends will be used to fund professional growth training for staff implementing the program. The stipends are awarded to APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: CSB (925) 681-6389 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Theodore Trinh, Isabel Renggenathen, Komal Dayal C. 28 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:October 5, 2021 Contra Costa County Subject:2021-22 Quality Matters Grant BACKGROUND: (CONT'D) childcare centers to improve the quality of services through enhanced professional development for staff and updated, improved site materials. The stipends will be given out on a per classroom basis. The site supervisors, under the direction of Community Services Bureau Assistant Directors, will determine what specific site materials, such as play equipment or educational toys, will be purchased. Professional development stipends will be distributed to selected classrooms, not to individuals, to fund site-based training for classroom staff. Selection of site award is determined by which sites have National Association of Education of Young Children (NAEYC) and/or Preschool Makes a Difference (PMD) designations. The CSB Director will make final decisions regarding stipend allocations. Allocation will be based on site designation, size of center population, and professional learning needs as determined through assessment. The agreement includes a clause to indemnify the County Office of Education. CONSEQUENCE OF NEGATIVE ACTION: If not approved, the Department will not receive funding to implement Quality Rating System components. CHILDREN'S IMPACT STATEMENT: The Community Services Bureau of the Employment & Human Services Department’s Early Head Start program supports three of Contra Costa County’s community outcomes - Outcome 1: “Children Ready for and Succeeding in School,” Outcome 3: “Families that are Economically Self-sufficient,” and, Outcome 4: “Families that are Safe, Stable, and Nurturing.” These outcomes are achieved by offering comprehensive services, including high quality early childhood education, nutrition, and health services to low-income children throughout Contra Costa County. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Interagency Agreement #28-331-6 with Antioch Unified School District (AUSD), an educational institution, to pay the County an amount up to $330,000, to provide mental health services to students referred to the District’s HOPE program, for the period from July 1, 2021 through June 30, 2022. FISCAL IMPACT: Approval of this interagency agreement will result in revenues to the County of up to $330,000 in FY 2021-2022. No County match is required. BACKGROUND: This agreement will allow the Antioch Unified School District to provide funding for the County to provide mental health services to special education students who are residing in local and out-of-state residential facilities and students who receive outpatient services in the schools and County-operated clinics, through Community Based Organizations that have contracts with the County for professional mental health services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Alaina Floyd, marcy.wilham C. 29 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 5, 2021 Contra Costa County Subject:Interagency Agreement #28-331-6 with Antioch Unified School District BACKGROUND: (CONT'D) On September 15, 2020, the Board of Supervisors approved Interagency Agreement #28-331-5 (as corrected by September 22, 2020 Board Order Item #C.18), with Antioch Unified School District to pay the County in an amount not to exceed $300,000, for the provision of mental health and crisis intervention services to students referred to the Antioch Unified School District’s HOPE program, for the period July 1, 2020 through June 30, 2021. Approval of Interagency Agreement #28-331-6 will allow the Agency to continue to pay the County to provide mental health services to students referred to the District’s HOPE program through June 30, 2022. CONSEQUENCE OF NEGATIVE ACTION: If this agreement is not approved, AUSD will not pay the County for providing mental health services to students referred to the District’s HOPE program. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Grant Amendment Agreement #28-929-1 with the Bay Area Air Quality Management District, to extend the termination date from December 31, 2021 to June 30, 2022 with no change in payment to the County not to exceed $100,000 for the Green and Healthy Homes Program which will monitor retrofit improvements in the homes of high-risk Contra Costa Health Plan (CCHP) members with asthma across Contra Costa County, improving indoor air quality and removing underlying asthma triggers. FISCAL IMPACT: Approval of this grant amendment agreement will have no fiscal impact as the original amount payable to the County will remain at up to $100,000. (No County match) BACKGROUND: This grant allows Contra Costa Health Services, and the Contra Costa Department of Conservation and Development, with its partner, Marin Clean Energy (MCE), and the Association for Energy Affordability (AEA) to implement the Green and Healthy Homes Program and monitor retrofit APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Ori Tzvieli, M.D., 925-608-5267 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm C. 30 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 5, 2021 Contra Costa County Subject:Grant Amendment Agreement #28–929-1 with the Bay Area Air Quality Management District BACKGROUND: (CONT'D) improvements in the homes of high-risk CCHP members with asthma across Contra Costa County, improving indoor air quality and removing underlying asthma triggers. This grant agreement will also allow the partners to align project interests and outcomes to Assembly Bill 617 which aims to establish a new community-scale emissions abatement program to reduce the impact of air pollution. On August 11, 2020, the Board of Supervisors approved Grant Agreement #28-929 to allow the County to receive $100,000 for the implementation of the Green and Healthy Homes Program through December 31, 2021. Approval of Grant Amendment Agreement #28-929-1 will allow the County to continue the Green and Healthy Homes Program, though June 30, 2022. This agreement includes mutual indemnification to hold harmless both parties for any claims arising out of the performance of this contract. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County will be unable to continue the Green and Healthy Homes Program. RECOMMENDATION(S): ADOPT Resolution No. 2021/303 to approve and authorize the Employment and Human Services Director, or designee, to accept funding in an amount not to exceed $6,500 from the California Health Advocates (CHA) to provide Senior Medicare Patrol (SMP) program for the period June 1, 2021 through May 31, 2022. FISCAL IMPACT: County to receive $6,500 in Federal SMP funds through CHA 100% Federal No County Match BACKGROUND: California Health Advocates will provide funding to Employment and Human Services, Aging and Adult Services Bureau, Health Insurance Counseling and Advocacy Program (HICAP) for the Senior Medicare Patrol volunteer liaison who will focus on outreach and education to support the prevention of Medicare fraud and abuse. The funding will be used to support the liaison’s activities, which may include data collection, monitoring and reporting customer inquiries, volunteer recruitment, training and support, community education, and fraud prevention activities. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Tracy Murray (925) 608-4805 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Ana Bagtas C. 31 To:Board of Supervisors From:Kathy Gallagher, Employment & Human Services Director Date:October 5, 2021 Contra Costa County Subject:California Health Advocates - Senior Medicare Patrol Program Funding CONSEQUENCE OF NEGATIVE ACTION: Without funding, Medicare fraud liaison activities would not be supported through HICAP. AGENDA ATTACHMENTS Resolution 2021/303 MINUTES ATTACHMENTS Signed Resolution No. 2021/303 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 10/05/2021 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/303 In The Matter Of: California Health Advocates, Senior Medicare Patrol Program Funding WHEREAS: The national Senior Medicare Patrol (SMP) Resource Center estimates conservatively that $60 billion annually is lost to Medicare fraud, and WHEREAS, the SMP program aims to empower and assist Medicare beneficiaries, their families, and caregivers prevent, detect, and report healthcare fraud and abuse, and WHEREAS, the Employment and Human Services Department, Area Agency on Aging, is a direct service provider of the Health Insurance Counseling and Advocacy Program (HICAP), which helps Contra Costa older adults and persons with disabilities navigate Medicare and other health insurance benefits, and WHEREAS, funding from the California Health Advocates is to support the implementation of the SMP program in Contra Costa County and enables HICAP to secure an SMP Liaison who will conduct outreach, education, and counseling to Medicare beneficiaries, their families, and caregivers, and WHEREAS, preventing Medicare fraud and abuse ensures that beneficiaries are the proper recipient of resources and benefits, so that they get the care, support, and services they need when they need them. Now, Therefore, Be It Resolved: the Contra Costa County Board of Supervisors approve and authorize the Employment and Human Services Director, or designee, to accept funding in an amount not to exceed $6,500 from the California Health Advocates to provide Senior Medicare Patrol program services for the period June 1, 2021 through May 31, 2022. Contact: Tracy Murray (925) 608-4805 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Ana Bagtas RECOMMENDATION(S): ADOPT Resolution No. 2021/305 approving and authorizing the Sheriff-Coroner or designee, to apply for and accept the California Department of Parks and Recreation, Division of Boating and Waterways Financial Aid Program Agreement in the amount of $738,249 for marine patrol and boating regulation enforcement for the period July 1, 2022 through the end of available funding. FISCAL IMPACT: An initial amount of $738,249 has been granted by the state. The Office of the Sheriff receives annual funding from the California Department of Parks and Recreation, Division of Boating and Waterways that is incorporated in the baseline budget. No County match. BACKGROUND: California Department of Parks and Recreation, Division of Boating and Waterways (DBW) provides funding to maintain the service level of the Office of the Sheriff's Marine Patrol Unit on the Delta Waterways. Marine patrol operations cost roughly $2.4 million per year of which DBW has awarded $738,249 for each of the past five years. DBW funding provides the ability for more vigilant enforcement of boating regulations. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Chrystine Robbins, 925-655-0008 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 32 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:October 5, 2021 Contra Costa County Subject:California Department of Parks and Recreation, Division of Boating and Waterways Financial Aid Program Agreement CONSEQUENCE OF NEGATIVE ACTION: Failure to secure State funding will result in a further reduction in Marine Patrol Services. AGENDA ATTACHMENTS Resolution 2021/305 MINUTES ATTACHMENTS Signed Resolution No. 2021/305 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 10/05/2021 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/305 IN THE MATTER OF: Applying for and Accepting the FY 2022/2023 California Department of Parks and Recreation, Division of Boating and Waterways Financial Aid Program Agreement. WHEREAS, the County of Contra Costa is seeking funds available through the California Department of Parks and Recreation, Division of Boating and Waterways Financial Aid Program Agreement; County of Contra Costa shall not allocate funds to any county or a public agency within a county unless County of Contra Costa receives a resolution adopted annually by the board of supervisors authorizing the county to participate in the program and certifying that the county will expend for boating safety programs during that year not less than an amount equal to 100 percent of the amount received by the county from personal property taxes on vessels.  The money allocated to a county pursuant to subdivision (a) shall be used only for boating safety and enforcement programs, as specified in subdivision (b), that are conducted in that county. (1) In the case of a local government agency within a county, a certified copy of the resolution or minute order shall accompany the application for financial aid from that local government entity, as well as a certified copy of the resolution or minute order from its county board of supervisors, authorizing the agency to participate in the program. (2) The resolution or minute order shall: (A) Authorize the chairperson, or designated representative, to sign the application and contract. (B) Authorize the chairperson, or designated agency representative, to sign the department's form for each reimbursement claim. (C) Authorize the county auditor to certify the amount of prior year vessel taxes received by the county. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors: Authorizes the Sheriff-Coroner, Undersheriff or Commander Management Services, to sign the application, contract and County of Contra Costa form for each reimbursement claim; authorizes the County Auditor Controller to certify the amount of prior year vessel taxes received by County of Contra Costa. And on behalf of the County of Contra Costa, a public entity established under the laws of the State of California, any action necessary for the purpose of obtaining financial assistance including Agreement modifications and extensions provided by California Department of Parks and Recreation, Division of Boating and Waterways Financial Aid Program Agreement. Contact: Chrystine Robbins, 925-655-0008 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 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 Grant Agreement #28-967-1, including indemnification with Public Health Foundation Enterprises, Inc., dba Heluna Health, a corporation to pay the County in an amount not to exceed $250,000 to provide COVID-19 and respiratory viral panel testing for the Community Sentinel Surveillance Project, for the period from August 1, 2021 through July 31, 2022. FISCAL IMPACT: Approval of this agreement will result in an amount payable to the County of up to $250,000 for COVID-19 related activities. No County match is required. BACKGROUND: Since the emergence of COVID-19 in California in January 2020, the California Department of Public Health (CHPH) and local public health partners have been tracking and monitoring COVID-19 cases in California and have implemented containment and mitigation efforts. COVID-19 surveillance is essential to estimate disease prevalence over time, throughout the state, and amount key groups at high risk for infection in order to improve containment, mitigation and prevention APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Ori Tzvielli, M.D., 925-608-5267 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm C. 33 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 5, 2021 Contra Costa County Subject:Grant Agreement #28-967-1 with Public Health Foundation Enterprises, Inc., dba Heluna Health BACKGROUND: (CONT'D) measures, which may vary depending on regional COVID-19 epidemiology. Therefore, CDPH and several California local health jurisdictions, including Contra Costa County, are working with the United States Centers for Disease Control and Prevention to initiate sentinel community surveillance for COVID-19. Public Health Foundation Enterprises, Inc. has been designated by the CHDP to administer this funding and to provide consulting and technical assistance that will be needed to perform the required activities. On July 13, 2021, the Board of Supervisors approved Grant Agreement #28-967 with Public Health Foundation Enterprises, Inc. dba Heluna Health for Contra Costa County to participate in the State Community Sentinel Surveillance Project which allows Contra Costa County Health Services Department patients who are experiencing COVID-19 like symptoms to be tested for both COVID-19 and other respiratory viruses, through July 31, 2021. Approval of Grant Agreement #28-967-1 will allow the County to continue to participate in the State Community Sentinel Surveillance Project, through July 31, 2022. The County is agreeing to indemnify and hold harmless the Grantor for claims arising out of the County’s performance under this contract. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County will not be able to participate in the State Community Sentinel Surveillance Project. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute, on behalf of the County Contract #27-192-13, with Suresh K. Sachdeva, M.D., Professional Corporation, in an amount not to exceed $360,000, to provide pediatric primary care services to Contra Costa Health Plan (CCHP) members and County recipients for the period October 1, 2021 through September 30, 2024. FISCAL IMPACT: This contract will result in contractual service expenditures of up to $360,000 over a 3-year period and will be funded 100% by CCHP Enterprise Fund II revenues. (No rate increase) 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 of 1997, providing pediatric primary care services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Noel Garcia, Marcy Wilhelm C. 34 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 5, 2021 Contra Costa County Subject:Contract #27-192-13 with Suresh K. Sachdeva, M.D., Professional Corporation BACKGROUND: (CONT'D) On September 10, 2019, the Board of Supervisors approved Contract #27-192-12 with Suresh K. Sachdeva, M.D., Professional Corporation, in an amount not to exceed $425,000 to provide pediatric primary care services to CCHP members and County recipients, for the period October 1, 2019 through September 30, 2021. Approval of Contract #27-192-13 will allow the contractor to continue to provide pediatric primary care services through September 30, 2024. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized health care services for CCHP members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #23-697-3 with Public Health Foundation Enterprises, Inc., a non-profit corporation, to amend Contract #23-697 (as amended by Extension Agreement #23-697-1 and Amendment Agreement #23-697-2), effective October 1, 2021, to increase the payment limit by $272,502, from $873,740 to a new payment limit of $1,146,242 and extend the termination date from October 31, 2021 to January 31, 2022. FISCAL IMPACT: Approval of this contract will result in additional expenditures of up to $272,502 and will be funded 100% by American Rescue Plan Act funding. (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 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Anna Roth, 925-957-2670 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 35 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 5, 2021 Contra Costa County Subject:Contract Amendment #23-697-3 with Public Health Foundation Enterprises, Inc. BACKGROUND: (CONT'D) services and competitive bidding requirements are suspended to the extent necessary to address the effects of COVID-19. COVID-19 Adult Ambassador Program promotes testing and community best practices for safety, primarily in areas that are underserved or experiencing a surge in cases. The Program assists the County in meeting State requirements in outreach and testing. On December 15, 2020, the Board of Supervisors approved Contract #23-697 with Public Health Foundation Enterprises, Inc., in an amount of $774,212 for the provision of COVID-19 Adult Ambassador Program for the period December 1, 2020 through June 30, 2021. On April 20, 2021, the Board of Supervisors approved Extension Agreement #23-697-1 to extend the termination date from June 30, 2021 to October 31, 2021 with no change in the payment limit of $774,212. On September 7, 2021 the Board of Supervisors approved Amendment Agreement #23-697-2 to increase the payment limit by $99,528 to a new payment limit of $873,740 with no change in the term through October 31, 2021. Approval of Amendment Agreement #23-697-3 will allow the COVID-19 Adult Ambassador Program to continue to promote testing and community best practices through January 31, 2022. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, contractor will not be able to continue to provide COVID-19 Adult Ambassador Program services. CHILDREN'S IMPACT STATEMENT: The recommendation supports the following children's outcome(s): Families that are Safe, Stable and Nurturing; and Communities that are Safe and Provide a High Quality of Life for Children and Families. RECOMMENDATION(S): APPROVE and AUTHORIZE the Agricultural Commissioner, or designee, to execute an agreement with the California Department of Food and Agriculture to reimburse the County in an amount not to exceed $67,223 for regulatory compliance and enforcement activities related to the Sudden Oak Death Program for the period July 1, 2021 through June 30, 2022. FISCAL IMPACT: This agreement will reimburse the County in the amount not to exceed $67,223 for conducting regulatory compliance activities related to Sudden Oak Death on behalf of the California Department of Food and Agriculture. The agreement is fully funded by CDFA. There is no County match of funds. BACKGROUND: The California Department of Food and Agriculture (CDFA) is the lead agency for the multi-agency task force, known as the California Oak Mortality Task Force (COMTF), that was formed to develop a coordinated effort to address Phytophthora Ramorum (Sudden Oak Death). Due to CDFA's responsibility under the COMTF and its statutory authority to establish quarantines, CDFA must enter into cooperative agreements with impacted counties. The role of the Agricultural Department APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Stephanna 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: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 36 To:Board of Supervisors From:Matt Slattengren, Ag Commissioner/Weights & Measures Director Date:October 5, 2021 Contra Costa County Subject:Phytophtora Ramorum - Quarantine (Sudden Oak Death) Agreement BACKGROUND: (CONT'D) is to issue compliance agreements, and do related work that assures compliance by affected businesses, including plant nurseries, firewood dealers, tree services, green waste and compost facilities, to stop the spread of SOD to non-infested areas of the State and County and to foreign countries. CONSEQUENCE OF NEGATIVE ACTION: Failure to accept the agreement will result in the Agriculture Department not being reimbursed by CDFA for regulatory enforcement activities related to the Sudden Oak Death Program. ATTACHMENTS RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #27-814-8, which contains mutual indemnification, with Credentals Services, Inc. (dba VerifPoint), a corporation, in an amount not to exceed $120,000, to provide credentialing services for healthcare providers at Contra Costa Health Plan (CCHP), for the period from October 1, 2021 through September 30, 2024. FISCAL IMPACT: This contract will result in contractual service expenditures of up to $120,000 over a three-year period and will be funded 100% by CCHP Enterprise Fund II revenues. (No rate increase) BACKGROUND: Credentals Services, Inc. (dba VerifPoint) has been providing credentialing services for the County since October 2010. This contractor will continue to provide credentialing services for healthcare providers contracted in CCHP's provider network. On September 10, 2019, the Board APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 37 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 5, 2021 Contra Costa County Subject:Contract #27-814-8 with Credentals Services, Inc. (dba VerifPoint) BACKGROUND: (CONT'D) of Supervisors approved Contract #27-814-7 with Credentals Services, Inc. (dba VerifPoint) in an amount not to exceed $100,000 to provide credentialing and re-credentialing services for CCHP healthcare providers, for the period October 1, 2019 through September 30, 2021. Approval of Contract #27-814-8 will allow this contractor to continue providing credentialing services for healthcare providers in CCHP's provider network, including mutual indemnification to hold harmless both parties for any claims arising out of the performance of this contract, through September 30, 2024. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County would not receive credentialing and re-credentialing services by this contractor and put CCHP at-risk for non-compliance with Federal, State, and contractual requirements. RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent to execute, on behalf of the Health Services Director, a Purchase Order with Kovarus, Inc., in an amount not to exceed $373,313 to renew Citrix licenses and support and maintenance services, for the period from October 31, 2021 through October 30, 2022. FISCAL IMPACT: Approval of this purchase will result in annual expenditures of up to $373,313 and will be funded 100% by Hospital Enterprise Fund I revenues. BACKGROUND: The Epic Electronic Health Record (EHR) system requires the use of Citrix Terminal Services. Citrix software allows Health Services Department (HSD) staff access to Epic EHR system using publish application, virtual desktop for telehealth. Citrix improves remote access to Epic EHR. HSD is renewing the annual subscription for Virtual Apps and Desktop Premium Edition, and Citrix ADC hardware appliance maintenance services to comply with Epic requirements. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Alan Ly, Marcy Wilhelm C. 38 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 5, 2021 Contra Costa County Subject:Purchase Order with Kovarus, Inc. to renew Citrix licenses and support CONSEQUENCE OF NEGATIVE ACTION: Without ongoing maintenance, support and technical assistance from Citrix, HSD’s critical infrastructure would not be covered in the event of a hardware, software, or technical issue. This will result in EHR accessibility issues and potential connectivity failures. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute, on behalf of the County Contract #77-280-1 with Aspen Surgery Center, LLC, a limited liability company, in an amount not to exceed $1,600,000, to provide ambulatory surgery services to Contra Costa Health Plan (CCHP) members, for the period October 1, 2021 through September 30, 2022. FISCAL IMPACT: This contract will result in contractual service expenditures of up to $1,600,000 and will be funded 100% by CCHP Enterprise Fund II. (No rate increase) BACKGROUND: CCHP has an obligation to provide certain specialized health care services, including ambulatory surgery 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 October 1, 2020. On January 14, 2020, the Board of Supervisors approved Contract #77-280 with Aspen Surgery Center, LLC., in an amount not to exceed $1,600,000, to provide ambulatory surgery services to CCHP members, for the period from October 1, 2020 through September 30, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: E Suisala , M Wilhelm C. 39 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 5, 2021 Contra Costa County Subject:Contract #77-280-1 with Aspen Surgery Center, LLC BACKGROUND: (CONT'D) Approval of Contract #77-280-1 will allow the contractor to continue to provide ambulatory surgery services for CCHP members through September 30, 2022. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialty health care services for CCHP members will not be provided. RECOMMENDATION(S): APPROVE and AUTHORIZE the County Counsel, or designee, to execute, on behalf of Contra Costa County, a contract for specialized legal services with Wendel Rosen, LLP, effective September 21, 2021, as recommended by the County Counsel. FISCAL IMPACT: Eminent domain and real property matters will be charged to pertinent project accounts. Under the contract, Wendel Rosen, LLP, will charge hourly for legal services. The firm will be entitled to reimbursement for certain out of pocket expenses. BACKGROUND: From time to time, the County requires specialized outside counsel legal services for eminent domain and inverse condemnation matters. Wendel Rosen, LLP, has expertise in these areas. Under this contract, Wendel Rosen, LLP, will represent the County in eminent domain and inverse condemnation litigation when the County Counsel, or designee, determines that representation by outside counsel is necessary. Due to the specialized nature of the services the firm provides, the County Counsel recommends approving this contract. CONSEQUENCE OF NEGATIVE ACTION: The County would not retain this firm for these legal services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Stephen M. Siptroth, Deputy County Counsel, (925) 655-2200 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Stephen M. Siptroth, Deputy County Counsel C. 40 To:Board of Supervisors From:Mary Ann Mason, County Counsel Date:October 5, 2021 Contra Costa County Subject:Legal Services Contract with Wendel Rosen, LLP RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #27-583-8 with Contra Costa Eye Medical Center, Inc., a corporation, effective October 1, 2021, to amend Contract #27-583-7, to modify the rates for Contra Costa Health Plan (CCHP) Commercial members from Medi-Cal rates to Medicare rates, with no change to the payment limit of $300,000 and no change in the original term of April 1, 2021 through March 31, 2024. FISCAL IMPACT: Approval of this amendment will result in modified rates, but will not impact the previosly approved contractual service expenditures of up to $300,000 over a three-year period, which is 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 ophthalmology services since 2004. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Noel Garcia, Marcy Wilhelm C. 41 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 5, 2021 Contra Costa County Subject:Amendment Agreement #27-583-8 with Contra Costa Eye Medical Center, Inc. BACKGROUND: (CONT'D) On April 20, 2021, the Board of Supervisors approved Contract #27-583-7 with Contra Costa Eye Medical Center, Inc., in the amount of $300,000 to provide ophthalmology services for CCHP members and County recipients, for the period from April 1, 2021 through March 31, 2024. Approval of Contract Amendment Agreement #27-583-8 will allow the contractor to continue providing ophthalmology services with modified rates for CCHP Commercial members from Medi-Cal rates to Medicare rates, helping the provider meet the Department of Health Care Services network adequacy standards through March 31, 2024. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, certain specialized health care services for CCHP members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a Purchase Order with Clear Labs, Inc., in the amount not to exceed $2,000,000 for the purchase of testing reagents and kits for SARS-CoV-2 and other pandemic virus whole genome sequencing at the Contra Costa County Public Health Laboratory, for the period from September 1, 2021 through August 30, 2022. FISCAL IMPACT: Approval of this purchase order will result in annual expenditures of up to $2,000,000 and funded by the United States Center for Disease Control Epidemiology and Laboratory Capacity (ELC) awarded grant, COVID-19 ELC Enhancing Detection Expansion (Strategy 2: Strengthen Laboratory Testing). BACKGROUND: This purchase order will consolidate previous purchase orders created throughout the year for Clear Labs, Inc. various laboratory supplies (collection kits, reagents, plastic consumables) requied by the Contra Costa County Public Health Laboratory. Whole genome sequencing of the SARS-CoV-2 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Ori Tzvieli, M.D., 925-608-5267 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm, Stephanie Trammell C. 42 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 5, 2021 Contra Costa County Subject:Purchase Order with Clear Labs, Inc. BACKGROUND: (CONT'D) virus in patient specimens permits determination of circulating variants within Contra Costa County. Identifying variants allows Health Services and the Public Health Department to evaluate whether certain variants are associated with increased transmission or particular patient morbidity outcomes. CONSEQUENCE OF NEGATIVE ACTION: If this purchase order is not approved, the Contra Costa Public Health Laboratory will not be able to maintain continuous and uninterrupted ordering of much needed laboratory supplies for genome sequencing. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #27-168-17 with Planned Parenthood Shasta: Diablo, Inc. (dba Planned Parenthood Northern California), a non-profit corporation, in an amount not to exceed $4,000,000, to provide obstetrics/gynecology (OB/GYN), family planning and mental health services for Contra Costa Health Plan (CCHP) members, for the period October 1, 2021 through September 30, 2022. FISCAL IMPACT: This contract will result in contractual service expenditures of up to $4,000,000 and will be funded 100% by CCHP Enterprise Fund II. (No rate increase) BACKGROUND: CCHP has an obligation to provide certain specialized health care services, including OB/GYN, family planning and mental health 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 November 1, 2007. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: E Suisala , M Wilhelm C. 43 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 5, 2021 Contra Costa County Subject:Contract #27-168-17 with Planned Parenthood: Shasta Diablo, Inc. (dba Planned Parenthood Northern California) BACKGROUND: (CONT'D) On August 11, 2020, the Board of Supervisors approved Contract #27-168-16 with Planned Parenthood Shasta-Diablo, Inc. (dba Planned Parenthood Northern California), in an amount not to exceed $4,000,000, to provide OB/GYN, family planning and mental health services for CCHP members, for the period October 1, 2020 through September 30, 2021. Approval of Contract #27-168-17 will allow the contractor to continue providing OB/GYN, family planning and mental health services for CCHP members through September 30, 2022. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized health care services will not be provided. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #77-129-2 with Selena Ellis, M.D., an individual, in an amount not to exceed $240,000, to provide neurology electromyography (EMG) services for Contra Costa Health Plan (CCHP) members, for the period from October 1, 2021 through September 30, 2024. FISCAL IMPACT: This contract will result in contractual service expenditures of up to $240,000 over a three-year period and will be funded 100% by CCHP Enterprise Fund II. (No rate increase) BACKGROUND: CCHP has an obligation to provide certain specialized health care services, including EMG 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 October 1, 2017. In September 2019, the County Administrator approved and the Purchasing Services Manager executed Contract #77-129-1 with Selena Ellis, MD, in an amount not to exceed $200,000 to provide EMG services to CCHP members, for the period from October 1, 2019 through September 30, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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, 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: E Suisala , M Wilhelm C. 44 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 5, 2021 Contra Costa County Subject:Contract #77-129-2 with Selena Ellis, M.D. BACKGROUND: (CONT'D) Approval of Contract #77-129-2 will allow the contractor to continue to provide EMG services to CCHP members through September 30, 2024. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, CCHP members will not receive the benefits of EMG services from this contractor. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #26-672-10 with Siri Sunderi Cheng, M.D., an individual, in an amount not to exceed $500,000 to provide otolaryngology services for Contra Costa Regional Medical Center (CCRMC) and Health Center patients, for the period October 1, 2021 through September 30, 2022. FISCAL IMPACT: Approval of this contract will result in budgeted expenditures of up to $500,000 and will be funded 100% by Hospital Enterprise Fund I revenues. (No rate increase) BACKGROUND: CCRMC has been contracting with Siri Sunderi Cheng, M.D., since September 2010 to provide otolaryngology services, including, but not limited to clinical coverage, consultation, training, on-call and administrative services for CCRMC and Health Center patients. On September 8, 2020, the Board of Supervisors approved Contract #26-672-9 with Siri Sunderi Cheng, M.D., in an amount not to exceed $430,000 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: E Suisala , M Wilhelm C. 45 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 5, 2021 Contra Costa County Subject:Contract #26-672-10 with Siri Sunderi Cheng, M.D. BACKGROUND: (CONT'D) to provide otolaryngology services, including, but not limited to clinical coverage, consultation, training, on-call and administrative services for CCRMC and Health Center patients, for the period October 1, 2020 through September 30, 2021. Approval of Contract #26-672-10 will allow the contractor to continue to provide otolaryngology services to CCRMC and Contra Costa Health Center patients through September 30, 2022. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients requiring otolaryngology services at CCRMC and Health Centers will not have access to this contractor’s services. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #24-979-43 with Addiction Research and Treatment, Inc., a corporation, effective July 1, 2021, to amend Contract #24-979-42 to increase the payment limit by $186,441, from $5,919,828 to a new payment limit of $6,106,269, with no change in the term of July 1, 2021 through June 30, 2022. FISCAL IMPACT: Approval of this amendment will result in an increase in budgeted expenditures of up to $186,441 for FY 2021-2022 and will be funded by 50% Federal Medi-Cal and 50% Mental Health Realignment Funds revenues. (Rate increase) BACKGROUND: The Behavioral Health Services Department has been contracting with Addiction Research and Treatment, Inc., since October 1998 to provide methadone treatment services through its Methadone Maintenance Clinics Program in East and West Contra Costa County. On July 13, 2021, the Board of Supervisors approved Contract #24-979-42 with Addiction Research and Treatment, Inc., in the amount of $5,919,828, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: E Suisala , M Wilhelm C. 46 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 5, 2021 Contra Costa County Subject:Amendment #24-979-43 with Addiction Research and Treatment, Inc. BACKGROUND: (CONT'D) to provide methadone treatment services through its Methadone Maintenance Clinics Program (Medi-Cal Drug Abuse Treatment Services) in East and West Contra Costa County, for the period July 1, 2021 through June 30, 2022. Approval of Amendment #24-979-43 will allow the contractor to increase the rates under the Drug Medi-Cal Organized Delivery Service (DMC-ODS) waiver. The Department of Health Care Services (DHCS) approved the rate increase to be retroactive to July 1, 2021 and will allow the contractor to provide additional services through June 30, 2022. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, County patients will not receive additional drug abuse prevention and treatment services from the contractor’s facility. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #74-623-2 with Harmonic Solutions, Inc., a non-profit corporation, effective July 1, 2021, to amend Contract #74-623-1 to increase the payment limit by $27,148, from $1,190,143 to a new payment limit of $1,217,291, with no change in the term of July 1, 2021 through June 30, 2022. FISCAL IMPACT: Approval of this amendment will result in additional budgeted expenditures of up to $27,148 and will be funded by 50% Federal Medi-Cal and 50% Drug Medi-Cal Realignment revenues. (Rate increase) BACKGROUND: The Behavioral Health Services Department has been contracting with Harmonic Solutions, LLC., since January 2021. This contract meets the social needs of the County’s population by providing specialized substance abuse treatment and prevention programs to help clients to achieve and maintain sobriety and to experience the associated benefits of self-sufficiency, family reunification, cessation of criminal activity and productive engagement in the community. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: E Suisala , M Wilhelm C. 47 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 5, 2021 Contra Costa County Subject:Amendment #74-623-2 with Harmonic Solutions, Inc. BACKGROUND: (CONT'D) On July 13, 2021, the Board of Supervisors approved Contract #74-623-1 with Harmonic Solutions, LLC., in an amount not to exceed $1,190,143 to provide methadone treatment services through its Methadone Maintenance Clinics Program (Medi-Cal Drug Abuse Treatment Services) for the period from July 1, 2021 through June 30, 2022. Approval of Amendment #74-623-2 will allow the contractor to increase the rates under the Drug Medi-Cal Organized Delivery Service (DMC-ODS) waiver. The Department of Health Care Services (DHCS) approved the rate increase to be retroactive to July 1, 2021 and will allow the contractor to provide additional services through June 30, 2022. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contra Costa County residents will not receive additional methadone maintenance treatment services needed to provide them an opportunity to achieve sobriety and recover from the effects of alcohol and other drug use, become self-sufficient, and return to their families as productive individuals. CHILDREN'S IMPACT STATEMENT: This Alcohol and Drug Abuse program supports the Board of Supervisors’ “Families that are Safe, Stable, and Nurturing” community outcome by providing parenting education, stability, and safety for mothers (and their children) and pregnant women who are alcohol and drug dependent, while they are in substance abuse treatment. Expected outcomes include delivery of drug-free babies, decreased use of alcohol, tobacco and other drugs, reduction in the number of relapses, and creation of a sober social network. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #26-445-19 with Aaron K. Hayashi, M.D., Inc., a professional corporation, in an amount not to exceed $2,115,000, for the provision of radiology services for patients at Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers, for the period from October 1, 2021 through September 30, 2024. FISCAL IMPACT: This contract will result in contractual service expenditures of up to $2,115,000 over a 3 year period and will be funded 100% by Hospital Enterprise Fund I revenues. (Rate increase) BACKGROUND: Due to the limited number of specialty providers available within the community, Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers relies on contracts to provide necessary specialty health services to its patients. CCRMC has contracted with Dr. Hayashi for radiology services including consultation, on-call coverage and interpretation of Computed Tomography (CT) Scans, Magnetic Resonance Images (MRIs), Ultrasounds, invasive procedures and plain films since 2007. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Marcy Wilhelm C. 48 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 5, 2021 Contra Costa County Subject:Contract #26-445-19 with Aaron K. Hayashi, M.D., Inc. BACKGROUND: (CONT'D) On September 25, 2018, the Board of Supervisors approved Contract #26-445-16 with Aaron K. Hayashi, M.D., Inc., in an amount not to exceed $1,835,000 for the provision of radiology services for CCRMC and Contra Costa Health Centers, for the period from October 1, 2018 through September 30, 2021. On July 23, 2019, the Board of Supervisors approved Contract Amendment Agreement #26-445-17 to increase the payment limit by $101,000 from $1,835,000 to a new payment limit of $1,936,000 with no change in the term of October 1, 2018 through September 30, 2021. On November 3, 2020, the Board of Supervisors approved Contract Amendment Agreement #26-445-18 with Aaron K. Hayashi to increase the payment limit by $49,000 from $1,936,000 to a new payment limit of $1,985,000 with no change in the term of October 1, 2018 through September 30, 2021. Approval of Contract #26-445-19 will allow the contractor to continue to provide radiology services at CCRMC and Contra Costa Health Centers, through September 30, 2024. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients requiring radiology services at CCRMC and Contra Costa Health Centers will not have access to this contractor’s services. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #72-028-18 with Contra Costa Interfaith Transitional Housing Inc. (dba Hope Solutions), a non-profit corporation, in an amount not to exceed $218,000, to provide housing advocacy services for people with HIV, for the period from July 1, 2021 through June 30, 2022. FISCAL IMPACT: Approval of this contract will result in annual expenditures of up to $218,000 and will be funded as budgeted by the department in FY 2021-22, by 100% Housing Opportunities for Persons With AIDS (HOPWA). (No rate increase) BACKGROUND: This contract meets the social needs of the County’s population by providing housing advocacy services for people with HIV. This contractor shall provide HIV support services in accordance with the County’s Community Development Contract with the City of Oakland pursuant to Resolution #85847- CMS of the Oakland City Council and Resolution Number 85582- CMS of the Oakland City Council and 24 CFR Part 574, the AIDS Housing Opportunity Act as amended by the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Ori Tzvieli, M.D., 925-608-5267 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Alaina Floyd, marcy.wilham C. 49 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 5, 2021 Contra Costa County Subject:Contract #72-028-18 with Contra Costa Interfaith Transitional Housing, Inc. (dba Hope Solutions) BACKGROUND: (CONT'D) Housing and Community Development Act of 1992, the Federal Health Resources and Services Administration (HRSA) Ryan White “Program and Fiscal Monitoring Standards of 2010”. The Public Health Department has been contracting with Contra Costa Interfaith Transitional Housing, Inc. (dba Hope Solutions) since March 1, 2012, to provide housing advocacy services for people with HIV. On August 28, 2020, the County Administrator approved and the Purchasing Services Manager executed Contract #72-028-16, (as amended by Contract Amendment Agreement #72-028-17) with Contra Costa Interfaith Transitional Housing Inc. (dba Hope Solutions), in an amount not to exceed $160,000, to provide housing advocacy services for people with HIV for the period from July 1, 2020 through June 30, 2021. In March 2021, the County Administrator approved and the Purchasing Services Manager executed Contract Amendment Agreement #72-028-17, with Contra Costa Interfaith Transitional Housing Inc. (dba Hope Solutions), to increase the payment limit by $37,800 from $160,000 to a new payment limit of $197,800, to allow the contractor to provide additional housing advocacy services for persons with HIV disease through June 30, 2021. This contract renewal is late due to a delay in receiving the new work plan and budget from the contractor. Approval of Contract #72-028-18 allows the contractor to continue providing housing advocacy services through June 30, 2022. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, clients will not receive services from this contractor. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #77-340-1, effective October 1, 2021, with Behavior Treatment & Analysis, Inc., a corporation, to amend Contract #77-340, to increase the payment limit by $1,000,000, from $2,000,000 to a new payment limit of $3,000,000, to provide additional applied behavioral analysis (ABA) services for Contra Costa Health Plan (CCHP) members, with no change in the original term of July 1, 2021 through June 30, 2023. FISCAL IMPACT: This amendment will result in additional contractual service expenditures of up to $1,000,000 for a two-year period and will be funded 100% by CCHP Enterprise Fund II. (No rate increase) BACKGROUND: CCHP has an obligation to provide certain specialized ABA services including, but not limited to treatment plans to improve the functioning of CCHP members with pervasive developmental disorders or autism under the terms of their Individual and Group Health Plan membership contracts with the County. This contractor has been providing ABA services to CCHP members for several years, formerly under a Memorandum of Understanding (MOU) and was required to convert to a County contract. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: K Cyr, M Wilhelm C. 50 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 5, 2021 Contra Costa County Subject:Amendment #77-340-1 with Behavior Treatment & Analysis, Inc. BACKGROUND: (CONT'D) On July 27, 2021, the Board of Supervisors approved Contract #77-340 with Behavior Treatment & Analysis, Inc., in an amount not to exceed $2,000,000 for the provision of applied behavioral analysis services for CCHP members, for the period July 1, 2021 through June 30, 2023. The contractor’s utilization is higher than anticipated, therefore, the Division requested the contract payment limit be increased from $2,000,000 to a new contract payment limit of $3,000,000 to meet the increased utilization of services for CCHP members. Approval of Contract Amendment Agreement #77-340-1 will allow the contractor to provide additional ABA services for CCHP members through June 30, 2023. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized ABA services for CCHP members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with Gigi Walker d/b/a Walker’s Auto Body & Fleet Repair, effective October 5, 2021, to increase the payment limit of $400,000 by $200,000 to a new payment limit of $600,000 to provide on-call collision and auto body repair services to County vehicles, Countywide. FISCAL IMPACT: This cost is to be funded through Public Works Fleet Internal Service Fund and user departments. (100% Fleet Internal Service Fund) BACKGROUND: Public Works Fleet Services maintains all county vehicles. Part of this maintenance is vehicle collision damage repair and painting. Various reasons exist for vehicle body repair and painting, from damage caused by collisions to deterioration. As the vehicles are becoming more complex, the costs for damage repair have risen. Gigi Walker d/b/a Walker’s Auto Body & Fleet Repair can do auto collision repairs, paint and mechanical repairs. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 51 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:October 5, 2021 Contra Costa County Subject:APPROVE and AUTHORIZE Amendment No. 2 to the Contract with Gigi Walker d/b/a Walker’s Auto Body & Fleet Repair BACKGROUND: (CONT'D) The contract with Gigi Walker d/b/a Walker’s Auto Body & Fleet Repair is due to expire May 31, 2022. The Public Works Department is requesting to increase the existing contract payment limit by $200,000 to a new payment limit of $600,000, to ensure the County has access to the contractor's services through the term of the contract. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, auto body and repair services with Gigi Walker d/b/a Walker’s Auto Body & Fleet Repair will be discontinued. RECOMMENDATION(S): APPROVE and AUTHORIZE the County Clerk-Recorder, or designee, to execute a contract with Admiral Security Services, Inc., in an amount not to exceed $25,000 to provide election-related security services. FISCAL IMPACT: The full cost of the Elections Division's conduct of the 2021 Statewide Gubernatorial Recall Election is reimbursable by the State. BACKGROUND: Two Elections Division sites, the warehouse on Marina Vista and the Elections Division's satellite Vote by Mail extraction site at NorCal Courts, will have election materials transported in and out of the locations. Dedicated security will provide increased access monitoring at these two locations from September 7 to September 17, 2021. The contract contains a provision that requires the County to notify Contractor of any claim for indemnification promptly but in no event later than thirty (30) days after receipt of notice of the injury, damage, demand, or claim or suit, in writing. Otherwise, the Contractor is not required to indemnify and hold County harmless for any such claim, demand, cost, judgment, or liability. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Sara Brady, 925-335-7807 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 52 To:Board of Supervisors From:Deborah R. Cooper, Clerk-Recorder Date:October 5, 2021 Contra Costa County Subject:Contract with Admiral Security Services, Inc. to Provide Security at Elections Division Locations CONSEQUENCE OF NEGATIVE ACTION: Dedicated security services will not be assigned to Elections Division locations. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #74-509-4 with County of San Mateo, a government agency, in an amount not to exceed $293,585, to provide after-hours call coverage for the Behavioral Health Access Line, for the period from July 1, 2021 through June 30, 2022. FISCAL IMPACT: Approval of this contract will result in an annual expenditure of up to $293,585 for FY 2021-2022 and will be funded 100% by current County General Fund allocations. BACKGROUND: The Behavioral Health Division Health Access Line after-hour calls are transferred to the Psychiatric Emergency Services (PES) Unit. The PES Unit logs in the call and distributes to the Behavioral Health Access Line the following morning. Routing the calls to the PES Unit has been an inefficient use of resources and the call drop rate has been an issue in State Audits. Allowing San Mateo County to administer the call answering services for the Behavioral Health Access Line will free up resources at the PES Unit, minimize the call drop rate, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker, M Wilhelm C. 53 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 5, 2021 Contra Costa County Subject:Contract #74-509-4 with County of San Mateo BACKGROUND: (CONT'D) and provide better coverage and coordination of care. In June 2020, the County Administrator approved and the Purchasing Services Manager executed Contract #74-509-3 with County of San Mateo in an amount not to exceed $155,440 to provide after-hours call coverage for the Behavioral Health Access Line, for the period July 1, 2020 through June 30, 2021. The County did not receive the agreement from the County of San Mateo until September 8, 2021, which delayed processing the agreement in a timely manner. Approval of Contract #74-509-4 will allow the contractor to continue to provide after-hours call coverage for the Behavioral Health Access Line, through June 30, 2022. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the Health Access Line calls will continue to be routed to the Psychiatric Emergency Services Unit and Department will not meet the expectations of the State with regard to the call drop rate. ATTACHMENTS RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #76-580-9 with James Pak, M.D., Incorporated, effective October 1, 2021, to amend Contract #76-580-8 to increase the payment limit by $90,000, from $150,000, to a new payment limit of $240,000 with no change in the term March 1, 2021 through February 28, 2022 to provide additional hours of anesthesiology services at Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers. FISCAL IMPACT: Approval of this amendment will result in an additional $90,000 and will be funded 100% by Hospital Enterprise Fund I. (No rate increase) BACKGROUND: Due to the limited number of specialty providers available within the community, CCRMC and Contra Costa Health Centers rely on contracts to provide necessary specialty health services to their patients. CCRMC has contracted with James Pak, M.D. Incorporated, for anesthesiology services, including clinic coverage, consultation, training, medical procedures, and on-call coverage since May 1, 2017. In December APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: L Walker C. 54 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 5, 2021 Contra Costa County Subject:Amendment #76-580-9 with James Pak, M.D. Incorporated BACKGROUND: (CONT'D) 2020, the County Administrator approved and the Purchasing Services Manager executed Contract #76-580-8 with James Pak, M.D., Incorporated, in an amount not to exceed $150,000 for the provision of anesthesia services at CCRMC for the period from March 1, 2021 through February 28, 2022. This contractor’s utilization is higher than anticipated due to anesthesiology back-fill services, therefore, the Division requested the contract payment limit be increased. Approval of Amendment Agreement #76-580-9 will allow the contractor to provide additional anesthesiology services at CCRMC through February 28, 2022. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, patients requiring anesthesiology services will not have access to this contractor’s services. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract Amendment Agreement #27-277-23 with Kaiser Foundation Health Plan, Inc., a non-profit corporation, effective September 30, 2021, to amend Contract #27-277-20 (as amended by Amendment Agreement #27-277-21 and Amendment Extension Agreement #27-277-22) to add data exchange requirements for the provision of additional Medi-Cal services for Contra Costa Health Plan (CCHP) members enrolled in the Kaiser Foundation Health Plan, with no change in the payment limit of $600,000,000. FISCAL IMPACT: This amendment will result in no additional contractual expenditures. 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 October 1, 2004, providing health care services for CCHP Medi-Cal recipients. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: K Cyr, M Wilhelm C. 55 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 5, 2021 Contra Costa County Subject:Amendment #27-277-23 with Kaiser Foundation Health Plan, Inc. BACKGROUND: (CONT'D) On September 27, 2016, the Board of Supervisors approved Contract #27-277-20 with Kaiser Foundation Health Plan, Inc., in an amount not to exceed $600,000,000 to provide health care services for Medi-Cal recipients enrolled in the Kaiser Health Plan, for the period from October 1, 2016 through September 30, 2019. On July 10, 2018, the Board of Supervisors approved Contract Amendment Agreement #27-277-21, to add Exhibit 8 (Delegation Agreement) with no change in the payment limit of $600,000,000 or term of October 1, 2016 through September 30, 2019. On September 9, 2019, the Board of Supervisors approved Contract Amendment/Extension Agreement #27-277-22, to extend the term from September 30, 2019 to September 30, 2021, with no change in the payment limit of $600,000,000, to allow the contractor to continue to provide Medi-Cal services to Medi-Cal members enrolled in the Kaiser Health Plan through September 30, 2021. On September 21, 2021, Board of Supervisors approved a Board Order action clarifying incorrect term language previously approved by the Board on September 27, 2016, July 18, 2018 and September 10, 2019 to correct the term to match the agreement so it will automatically by renewed for two successive years periods, until such time it is terminated by either party. Approval of Contract Amendment #27-277-23 will add data exchange requirements for the provision of additional Medi-Cal services for Contra Costa Health Plan members enrolled in the Kaiser Health Plan. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, certain specialized health care services for Medi-Cal members may not be provided. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute, on behalf of the County Contract #27-918-4, with Etwaru Eye Center, a corporation, in an amount not to exceed $750,000, to provide ophthalmology services to Contra Costa Health Plan (CCHP) members and County recipients, for the period October 1, 2021 through September 30, 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. (No rate increase) 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 October of 2013, providing ophthalmology services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: Noel Garcia, Marcy Wilhelm C. 56 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 5, 2021 Contra Costa County Subject:Contract #27-918-4 with Etwaru Eye Center BACKGROUND: (CONT'D) On September 10, 2019, the Board of Supervisors approved Contract #27-918-3 with Etwaru Eye Center, in an amount not to exceed $500,000 to provide ophthalmology services to CCHP members and County recipients, for the period October 1, 2019 through September 30, 2021. Approval of Contract #27-918-4 will allow contractor to continue to provide ophthalmology services through September 30, 2024. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized health care services for CCHP members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. RECOMMENDATION(S): APPROVE and AUTHORIZE the County Probation Officer, or designee, to execute an Interagency Agreement with the Contra Costa County Office of Education, in an amount not to exceed $456,377 to provide student educational programs for youth enrolled in the Briones Youth Academy that graduated from Mt. McKinley High School for the period July 1, 2021 through June 30, 2022. FISCAL IMPACT: 100% Juvenile Justice Realignment Block Grant. BACKGROUND: Under the orders of Governor Gavin Newsom, California will phase out the California Division of Juvenile Justice (DJJ) beginning in 2021. Starting in July, the state will cease all transfers of youth to the state’s three remaining youth prisons. This will halt the transfer of youth to DJJ and require youth to remain under the supervision of individual Counties. Probation has created a new program called the Briones Youth Academy to serve these youth. Under this contract, Contra Costa County Office of Education will provide additional educational staffing to serve the students who have already received a High School diploma who are enrolled in the Briones Youth Academy for the 2021-2022 school year. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Danielle Fokkema, 925-313-4195 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 57 To:Board of Supervisors From:Esa Ehmen-Krause, County Probation Officer Date:October 5, 2021 Contra Costa County Subject:Interagency Agreement with the Contra Costa County Office of Education CONSEQUENCE OF NEGATIVE ACTION: Without this contract, the educational programs will not be available to the youth enrolled in the Briones Youth Academy. CHILDREN'S IMPACT STATEMENT: This action supports four of the five community outcomes set forth in the Children’s Report Card. They are: Children Ready for and Succeeding in School; Children and Youth Healthy and Preparing for a Productive Adulthood; Families that are Safe, Stable and Nurturing; and Communities that are Safe and Provide a High Quality of Life. RECOMMENDATION(S): APPROVE and AUTHORIZE the County Probation Officer, or designee, to execute a contract with the County of Sonoma, for the placement of wards in their facility at the rate of $300 per ward per day for the period October 1, 2021 through September 30, 2023. FISCAL IMPACT: 100% Juvenile Justice Realignment Block Grant. BACKGROUND: Under the orders of Governor Gavin Newsom, California will phase out the California Division of Juvenile Justice (DJJ) beginning in 2021, transferring the responsibility for managing all youthful offenders from the State to local jurisdictions. DJJ was one of the few facilities in the State that offered Sex Offender Treatment to juveniles. Local jurisdictions have worked together to develop a regional model for Juvenile Sex Offender Treatment. Sonoma County will be one of the regional locations to provide this type of treatment program. CONSEQUENCE OF NEGATIVE ACTION: Probation will be unable to provide treatment to juvenile sex offenders. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Danielle Fokkema, 925-313-4195 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 58 To:Board of Supervisors From:Esa Ehmen-Krause, County Probation Officer Date:October 5, 2021 Contra Costa County Subject:Inter-County Placement Agreement County of Sonoma CHILDREN'S IMPACT STATEMENT: This action supports three of the five community outcomes set forth in the Children’s Report Card. They are: Children and Youth Healthy and Preparing for a Productive Adulthood; Families that are Safe, Stable and Nurturing; and Communities that are Safe and Provide a High Quality of Life. RECOMMENDATION(S): APPROVE and AUTHORIZE the County Probation Officer, or designee, to execute a contract with the Construction Trades Workforce Initiative, in an amount not to exceed $230,000 to provide pathways to career success of the Briones Youth Academy students in the union construction trades and to establish a comprehensive Multi-Craft Core Curriculum (MC3) Pre-Apprenticeship Program for the period of November 15, 2021 through November 14, 2024. FISCAL IMPACT: 100% Juvenile Justice Realignment Block Grant. BACKGROUND: Under the orders of Governor Gavin Newsom, California will phase out the California Division of Juvenile Justice (DJJ) beginning in 2021. Starting in July, the state will cease all transfers of youth to the state’s three remaining youth detention facilities. This will halt the County’s ability to transfer of youth to DJJ and will require youth to remain under the supervision of individual counties. Probation has created a new program called the Briones Youth Academy to serve these youth. While enrolled in the Briones Youth Academy they will have time to complete the Multi-Craft Core Curriculum Pre-Apprenticeship Program while detained and have a basic understanding of union construction trades upon their release and reentry. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Danielle Fokkema, 925-313-4195 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 59 To:Board of Supervisors From:Esa Ehmen-Krause, County Probation Officer Date:October 5, 2021 Contra Costa County Subject:Contract with Construction Trades Workforce Initiative CONSEQUENCE OF NEGATIVE ACTION: This resource will expand the Probation Department's program options for the youth enrolled in the Briones Youth Academy. Failure to approve this contract will result in less training opportunities for the youth at the Briones Youth Academy. CHILDREN'S IMPACT STATEMENT: This action supports four of the five community outcomes set forth in the Children’s Report Card. They are: Children Ready for and Succeeding in School; Children and Youth Healthy and Preparing for a Productive Adulthood; Families that are Safe, Stable and Nurturing; and Communities that are Safe and Provide a High Quality of Life. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #77-323 with John Muir Magnetic Imaging Center, a general partnership, in an amount not to exceed $1,121,000 to provide diagnostic imaging services for Contra Costa Health Plan (CCHP) members, for the period September 1, 2021 through August 31, 2023. FISCAL IMPACT: This contract will result in contractual service expenditures of up to $1,121,000 over a two-year period and will be funded 100% by CCHP Enterprise Fund II. BACKGROUND: CCHP has an obligation to provide certain specialized diagnostic imaging health care services, including, but not limited to: magnetic resonance imaging (MRI) and computerized tomography (CT) 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 for several years, formerly under a memorandum of understanding (MOU) with CCHP, and was required to convert to a County contract. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: K Cyr, M Wilhelm C. 60 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 5, 2021 Contra Costa County Subject:Contract #77-323 with John Muir Magnetic Imaging Center BACKGROUND: (CONT'D) Contract processing was delayed due to ongoing revisions requested by the contractor, which required additional Counsel review as to legal form. Under Contract #77-323, this contractor will provide diagnostic imaging services for CCHP members for the period September 1, 2021 through August 31, 2023. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized diagnostic imaging health care services for CCHP members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #77-097-2 with Genomic Health, Inc., a corporation, in an amount not to exceed $400,000, to provide outside laboratory testing services for Contra Costa Health Plan (CCHP) members, for the period from September 1, 2021 through August 31, 2023. FISCAL IMPACT: This contract will result in contractual service expenditures of up to $400,000 over a two-year period and will be funded 100% by CCHP Enterprise Fund II revenue. BACKGROUND: CCHP has an obligation to provide certain specialized laboratory services for its members under the terms of their Individual and Group Health Plan membership contracts with the County, therefore, the County contracts with outside laboratory testing services in order to provide testing services not available at County facilities, to ensure patient care is provided as required. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: K Cyr, M Wilhelm C. 61 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 5, 2021 Contra Costa County Subject:Contract #77-097-2 with Genomic Health, Inc. BACKGROUND: (CONT'D) Under Contract #77-097-2, the contractor will provide specialized outside laboratory testing services for CCHP members for the period September 1, 2021 through August 31, 2023. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized laboratory testing services for CCHP members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #23-704 with Agfa Healthcare Corporation, a corporation, in an amount not to exceed $4,282,363, to provide imaging technology services to the Contra Costa Health Services Department (HSD), for the period from October 5, 2021 through October 4, 2026. FISCAL IMPACT: Approval of this contract will result in expenditures of up to $4,282,363 over a five-year period and will be funded by 100% Hospital Enterprise Fund I revenues. BACKGROUND: This contract meets the needs of the County's patient population by providing a radiology imaging system. Contra Costa Health Services (CCHS) Radiology Department provides, reads, interprets, and maintains radiology exams for its patients. To deliver this care, CCHS's Radiology Department has been using the Agfa IMPAX radiology imaging system since 2006 and upgraded the system in 2012. The system reached its end of useful life in December 2016 and needs replacing. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: Patrick Wilson, 925-335-8777 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: F Carroll, M Wilhelm C. 62 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 5, 2021 Contra Costa County Subject:Contract #23-704 with Agfa Healthcare Corporation BACKGROUND: (CONT'D) In 2017, and 2018 CCHS conducted a search and evaluation of potential replacements for the outdated system. In addition to considering upgrading Agfa's IMPAX radiology imaging system to the latest version, CCHS also evaluated Fujifilm and Philips, Picture Archiving and Communications Systems (PACS). Of these solutions, considered top tier, CCHS Radiologists chose Agfa's Enterprise Imaging Software system to replace the existing radiology imaging system. Agfa Healthcare Corporation's Enterprise Imaging Software services, including Agfa Patching and Endpoint Managed Services, will be used to assist CCHS in delivering services such as radiology exams and breast imaging exams. Agfa's Radiology PACS will benefit physicians, radiologists, and HSD clinics in the course of patient care. Under this contract, the Radiology PACS replacement system will be implemented and includes Enterprise Imaging production software, test licenses, third-party software, data migration, and hardware. Under Contract #23-704, this contractor will provide radiology imaging technology services for the period October 5, 2021 through October 4, 2026. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, CCHS’s radiology imaging system will continue to be at its end of useful life and will not receive the needed upgrades and patches necessary to deliver efficient patient care. CLERK'S ADDENDUM RELISTED to October 12, 2021. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #23-625-3 containing mutual indemnification with 3M Health Information Systems, Inc. a corporation, in an amount not to exceed $296,277, to provide a hosted site for County data, including patients Protected Health Information, for Grouper Plus Content Services software license and support services, for Contra Costa Health Services (CCHS) for the period from October 5, 2021 through October 4, 2024. FISCAL IMPACT: Approval of this contract will result in expenditures of up to $296,277 over a three-year period and is funded by 100% Hospital Enterprise Fund I. BACKGROUND: This contract meets the needs of the County’s patient population by providing a health information system that includes annuity software for performing claims reviews and provider comparisons. CCHS will use 3M’s Grouper Plus Content Services (GPCS), a classification system, including GPCS All Patient Refined – Diagnosis Related Groups (APR DRG) Grouper & Reimbursement California (CA) Medicaid to assist the Contra Costa Health Plan in assigning patients into meaningful groups necessary for claims reimbursement. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: Patrick Wilson, 925-335-8777 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: F Carroll, M Wilhelm C. 63 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 5, 2021 Contra Costa County Subject:Contract #23-625-3 with 3M Health Information Systems, Inc. BACKGROUND: (CONT'D) 3M APR DRGs classify patients based on clinical similarities and their use of hospital resources. 3M’s Grouper Plus Content Services provides access to comprehensive grouping, editing, and reimbursement content, utilizing a modern cloud-based service that leverages web services and cloud technology to provide this content securely. The standardized implementation of this system allows for a solution for an increasingly complex and dynamic regulatory and payment environment. 3M Health Information Systems, Inc., was given a sole-source contract for these services. Under contract #23-625-3, the contractor will implement the new system and provide software license and support services for the period October 5, 2021 through October 4, 2024. This contract includes mutual indemnification. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the Health Services Department Information Technology unit will not implement this much needed health information system that allows for the timely access of business-critical financial compliance and content needed for an efficient medical billing and reimbursement process. CLERK'S ADDENDUM RELISTED to October 12, 2021. RECOMMENDATION(S): APPROVE AND AUTHORIZE the Director of Risk Management to execute a contract with Mobile-Med Health Solutions, Inc., "Mobile-Med" for COVID-19 testing and related services for the period August 27, 2021 to August 27, 2022 in an amount not to exceed $2,000,000. FISCAL IMPACT: 100% General Fund. The County will pursue expenditure reimbursement through FEMA Public Assistance program. BACKGROUND: This contract is in response to the COVID-19 pandemic and the County's responsibilities under the various local, state and federal health orders, to conduct outbreak testing, major outbreak testing, and testing requirements of employees from California Department of Public Health. This contract will also respond to testing requirements under the County's Mandated Vaccination Policy. Mobile-Med possess the specialized technical kills and resources to provide testing services, including on-site testing, self- testng, expedient, test results, and accessible and timely result reporting to employees, departments and public health as may be required by law. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Sharon Brown, (925) 335-1453 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 , County Administrator and Clerk of the Board of Supervisors By: Laura Cassell, Deputy cc: C. 64 To:Board of Supervisors From:Karen Caoile, Director of Risk Management Date:October 5, 2021 Contra Costa County Subject:Mobile-Med Health Solutions, Inc for COVID-19 Testing and related services CONSEQUENCE OF NEGATIVE ACTION: Departments will have limited resources available to timely comply with the requirements of the County's Mandated Vaccination Policy. CLERK'S ADDENDUM Gail, Walnut Creek; Nicole Fox; Anaya; N. Monica Nino, County Administrator clarified that this service is to assist employees in meeting the various local, state, or federal testing requirements. There is no component for the testing of any children. RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to renew Cardroom License Number 6, known as "California Grand Casino" currently located at 5988 Pacheco Blvd., Pacheco, California, for the period of November 26, 2021 through November 25, 2022. FISCAL IMPACT: There is no fiscal impact to County funds. Applicant submitted $10,500 which includes $1,000 in application fees, plus $500 per table for licensing of nineteen (19) card tables. BACKGROUND: In accordance with County Ordinance No. 82-44, Chapter 52-3, Article 52-3.3, Section 52-3.321, an application has been submitted by Mr. Lamar V. Wilkinson and Ms. Elizabeth Wilkinson for the renewal of Cardroom License Number 6, known as "California Grand Casino". The Office of the Sheriff conducted a background investigation of the applicants. The investigation produced no adverse information, which would preclude approval of this application. This Cardroom License will be issued to Mr. Lamar V. Wilkinson and Ms. Elizabeth Wilkinson, owners of the cardroom establishment. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Chrystine Robbins, 925-655-0008 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 65 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:October 5, 2021 Contra Costa County Subject:Renewal of Cardroom License CONSEQUENCE OF NEGATIVE ACTION: Negative action will result in Cardroom License Number 6 not being renewed and expiring on November 25, 2021. Once expired, the Cardroom will no longer be able to operated until such time that a new license has been approved. RECOMMENDATION(S): 1) ADOPT Resolution No. 2021/290 extending the Contra Costa County Abandoned Vehicle Abatement Program and Fee for 10 years to April 30, 2032 and authorizing the Contra Costa County Abandoned Vehicle Abatement Service Authority to take all actions necessary to place a tax measure on the June 7, 2022 election ballot to extend the fee. 2) DIRECT the Department of Conservation and Development to conduct outreach to the Mayors Conference regarding this issue. FISCAL IMPACT: There is no cost to the County associated with approving the recommended actions. The estimated cost of placing the tax measure on the June 7, 2022 election ballot is approximately $500,000. This cost will be paid for from the annual revenues of the Abandoned Vehicle Abatement Service Authority. BACKGROUND: In 1991, Contra Costa County and the cities within the County created the Contra Costa County Abandoned Vehicle Abatement Service Authority (Authority). The purpose of creating the Authority was to collect revenue from the State to remove abandoned vehicles from the community. All cities within the County participate in the Authority and are represented by city staff. The County is represented by the County Department of Conservation and Development, which also provides administrative support to the Authority. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Jason Crapo, 925-655-2800 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 66 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:October 5, 2021 Contra Costa County Subject:Resolution to Extend Abandoned Vehicle Abatement Fee and Authorize Ballot Measure BACKGROUND: (CONT'D) For the past 30 years, this partnership between the County and the cities has generated millions of dollars in revenue to remove abandoned vehicles from communities in Contra Costa County. In the fiscal year ending June 30, 2021, the Authority received approximately $1.1M and facilitated the removal of 1,472 abandoned vehicles within Contra Costa County. Revenue received by the Authority from the State comes from a $1 fee (Fee) collected for each vehicle, and an additional $2 collected for certain commercial vehicles, registered in the county. State law requires the Fee be reauthorized at the local level every ten (10) years. Reauthorization requires approval by the County Board of Supervisors by a two-thirds vote, and approval by a majority of the cities having a majority of the incorporated population within the county. The Fee is set to expire on April 30, 2022. This resolution would authorize the extension of the Fee until April 30, 2032. The Fee also needs to be reauthorized by the voters of Contra Costa County. In 2010, the voters of California approved Proposition 26, which amended the definition of a "tax." The Fee collected to fund the Authority's activities is a special tax under Prop. 26, and the extension of the Fee requires an election and approval by two-thirds of county voters. Therefore, this resolution would authorize the Authority to submit a ballot measure to the County for inclusion on the June 7, 2022 election ballot, which is the next available election date. The cost of the election will be paid for from the revenues of the Authority. To date, at least seven (7) other counties have proposed similar tax measures for abandoned vehicle abatement programs. Five measures have passed (Amador, Butte, Calaveras, Humboldt, Mendocino), and two measures have failed (Fresno and San Benito) resulting in program termination. At least five counties have voluntarily terminated their programs (Orange, Napa, San Diego, San Mateo, Shasta). Several more counties are considering ballot measures during the current 10-year reauthorization period. In the event a local measure to extend the Fee is not passed on the June 7, 2022 ballot, the Authority will cease to operate and will be discontinued. CONSEQUENCE OF NEGATIVE ACTION: If the recommended actions are not approved, the Abandoned Vehicle Abatement Program will discontinue and the County and the cities within the County will no longer receive over $1 million per year from the State to abate abandoned vehicles. AGENDA ATTACHMENTS Resolution 2021/290 MINUTES ATTACHMENTS Signed: Resolution No. 2021/290 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 10/05/2021 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/290 RESOLUTION OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY EXTENDING THE ABANDONED VEHICLE ABATEMENT PROGRAM AND ASSOCIATED FEE SUBJECT TO VOTER APPROVAL WHEREAS, California Vehicle Code Sections 22710 and 9250.7 authorized the establishment of the Contra Costa County Abandoned Vehicle Abatement Service Authority ("Authority"), which was formed in 1991, and authorized the imposition of a fee on vehicles registered in Contra Costa County ("AVA Fee"); and WHEREAS, collected AVA Fees are used exclusively in the Contra Costy County Abandoned Vehicle Abatement Program ("Program"), to abate, remove, and dispose of any abandoned, wrecked, dismantled, or inoperative vehicles or vehicle parts as public nuisances, whether on public or private property, and to combat neighborhood blight and decay; and WHEREAS, California Vehicle Code Sections 22710 and 9250.7 allow an extension of the AVA Fee in increments of up to two years; and WHEREAS, California Vehicle Code Sections 22710 and 9250.7 require a county's board of supervisors, by a two-thirds vote, and a majority of the cities having a majority of the incorporated population within the county, to adopt resolutions approving the extension of the AVA Fee; and WHEREAS, Proposition 26 adopted by the voters of California in 2010, defined "tax" in a manner resulting in the classification of the AVA Fee as a special tax subject to voter approval; and WHEREAS, the current AVA Fee sunsets on April 30, 2022, and without an extension of the AVA Fee, the County and cities within the County will be unable to recover a significant portion of the costs of abating nuisance vehicles; NOW THEREFORE, BE IT RESOLVED, by the Board of Supervisors of Contra Costa County, the following: The Board of Supervisors, by at least a two-thirds vote, hereby extends the AVA Fee, and extends the authorization for the Authority to collect the AVA Fee, for a period of 10 years, subject to approval by the electors of the County. 1. The Board hereby authorizes the Authority to order an election for Tuesday, June 7, 2022, and submit to the electors of Contra Costa County the question of whether the Program and AVA Fee, as authorized by Vehicle Code sections 9250.7 and 22710, shall be renewed for 10 years, as set forth more fully the the ballot measure below. Measure __. Extension of the Abandoned Vehicle Abatement Program. Shall the measure extending the Contra Costa County Abandoned Vehicle Abatement Program and associated annual fee, at a rate of one dollar per vehicle registered in Contra Costa County and an additional two dollars for certain commercial vehicles registered in Contra Costa County, which is estimated to generate $1,100,000 annually for removing and disposing of abandoned and wrecked vehicles, until April 30, 2032, be adopted? 2. Upon approval of the above measure by at lease two-thirds of the registered voters voting on the measure, the Authority will be authorized to impose the AVA Fee. 3. The Board hereby authorizes the Authority to take all administrative actions necessary in furtherance of ordering an election for the purpose of extending the Abandoned Vehicle Abatement Program and the AVA Fee. 4. Contact: Jason Crapo, 925-655-2800 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: RECOMMENDATION(S): ADOPT Resolution No. 2021/292 consenting to including certain unincorporated territory of Contra Costa County in the Livermore Valley Wine Heritage District formed by the City of Livermore. FISCAL IMPACT: None immediately. Because the LVWHD programs are intended to increase winery sales revenue for Livermore Valley wineries within the LVWHD, there may be an increase in sales tax collections. BACKGROUND: The City of Livermore is working with the Livermore Valley Wine Association and local winery businesses to form the LVWHD pursuant to the Property and Business Improvement District Law of 1994 (94 Law). The City of Livermore (City) has requested by resolution (Attachment 1) the inclusion of the County of Contra Costa in the LVWHD. The LVWHD Management District Plan (Plan) sets forth the assessment rate. The annual assessment rate is two percent (2%) of gross direct to consumer sales revenue on winery sales. Based on the benefit received, assessments will not be collected on purchases made outside of the state of California. In order to form the LVWHD, a majority of the businesses paying the assessment must petition the City for LVWHD formation (by amount paid). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Alicia Nuchols, 925-252-4500 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 67 To:Board of Supervisors From:Diane Burgis, District III Supervisor Date:October 5, 2021 Contra Costa County Subject:LIVERMORE VALLEY WINE HERITAGE DISTRICT The 94 Law allows for the formation of multi-jurisdictional Business Improvement Districts (BIDs), with consent of the included jurisdictions being granted to one “lead” jurisdiction. The City of Livermore has requested consent to act as the lead jurisdiction in the formation of the LVWHD, as shown in the Plan (Attachment 2). Adopting this resolution will give the City of Livermore authority to include areas of the County of Contra Costa in the proposed LVWHD. To form the LVWHD, the City of Livermore will follow the formation proceedings specified in the 94 Law, including accepting petitions, adopting a resolution declaring its intention to form the LVWHD, holding a public meeting and public hearing to allow for comments, and adopting a resolution establishing the LVWHD. BACKGROUND: (CONT'D) WINE HERITAGE DISTRICTS Wine Heritage Districts (WHDs) are an evolution of the traditional Business Improvement District (BID). BIDs allow business owners to organize their efforts to increase sales and promotional efforts. Business owners within the district fund a BID, and those funds are used to provide services that the businesses desire and benefit the businesses within the district. BID benefits: Funds cannot be diverted for other government programs; They are customized to fit the needs of each destination; They allow for a wide range of services; including: marketing programs, business promotion activities, and infrastructure improvements; They are designed, created and governed by those who will pay the assessment; and They provide a stable funding source for business promotion. In California, BIDs are primarily formed pursuant to the Property and Business Improvement District Law of 1994 (94 Law). This law allows for the creation of a special benefit assessment districts to raise funds within a specific geographic area. The key difference between BIDs and other special benefit assessment districts is that funds raised are returned to the private non-profit corporation governing the BID. MANAGEMENT DISTRICT PLAN The Management District Plan (Attachment 1) includes the proposed boundary of the LVWHD, a service plan and budget and a proposed means of governance. The LVWHD includes wineries located within the boundaries of the Counties of Alameda and Contra Costa, and the cities of Danville, Livermore, Dublin, and Sunol, as shown on the map in Attachment 2. The established LVWHD will have a five (5) year term, beginning July 1, 2021 and ending on June 30, 2026. The assessment will be implemented beginning July 1, 2021. Once per year beginning on the anniversary of LVWHD establishment there is a thirty (30) day period in which winery owners paying fifty percent (50%) or more of the assessment may protest and begin proceedings to terminate the LVWHD. The annual assessment rate is two percent (2%) of gross sales revenue on winery sales. Based on the benefit received, assessments will not be collected on purchases made outside of the state of California. If formed, the LVWHD would generate approximately $693,000 on an annual basis for marketing & brand awareness, community & industry advocacy, quality enhancement & education, and professional development & education efforts will promote assessed wineries in the LVWHD to increase winery sales revenue. The City of Livermore (City) or a third-party collection agency shall be responsible for collecting the assessment on a quarterly basis (including any delinquencies, penalties and interest) from each winery located in the boundaries of the LVWHD. The City or the third-party collection agency shall take all reasonable efforts to collect the assessments from each winery. LVWHD ESTABLISHMENT PROCESS LVWHD ESTABLISHMENT PROCESS September 13, 2021- RESOLUTION OF INTENTION HEARING Upon the submission of a written petition, signed by the winery owners in the established district who will pay more than fifty percent (50%) of the assessments proposed to be levied, the Livermore City Council (Council) may initiate proceedings to establish a district by the adoption of a resolution expressing its intention to establish a district. Petition Status: Petitions in favor of LVWHD establishment were submitted by 24 wineries, which represent greater than 50% of the total LVWHD assessment. This majority petition allows the Council to initiate proceedings for LVWHD establishment at the September 13, 2021 meeting. September 2021- RESOLUTION REQUESTING CONSENT Upon adoption of the Resolution of Intention, the City Council must request consent from the Counties of Alameda and Contra Costa (counties), and the cities of Danville and Dublin (cities) to be included in the proposed LVWHD. Consent must be received from the counties and the cities prior to the final public hearing for their jursidiction to be included in the established LVWHD. September 2021- NOTICE The 94 Law requires the City to mail written notice to the owners of all wineries proposed to be within the LVWHD. Mailing the notice begins a mandatory forty-five (45) day period in which owners may protest LVWHD establishment. October 11, 2021- PUBLIC MEETING Allow public testimony on the establishment of the LVWHD and levy of assessments. No Council action required. November 8, 2021- FINAL PUBLIC HEARING If written protests are received from the owners of wineries in the established LVWHD which will pay more than fifty percent (50%) of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than fifty percent (50%), no further proceedings to levy the proposed assessment against such wineries shall be taken for a period of one (1) year from the date of the finding of a majority protest by the Council. At the conclusion of the public hearing to establish the LVWHD, the Council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. If the Council, following the public hearing, decides to establish the LVWHD, the Council shall adopt a resolution of formation. The recommended action to adopt of the attached resolution granting consent to the City of Livermore to form the Livermore Valley Wine Heritage District (LVWHD) and include the County of Contra Costa in the LVWHD will enable the City of Livermore and the Livermore Valley Winegrowers Association (LVWA) to move forward with the LVWHD formation process. Upon successful formation, the LVWHD will be governed by the City of Livermore and the Livermore Valley Winegrowers Association. CONSEQUENCE OF NEGATIVE ACTION: The Board of Supervisors could choose not to adopt the resolution, which would result in the County not participating in the LVWHD. District III does not recommend this option. AGENDA ATTACHMENTS Resolution 2021/292 Attachment 1: Management District Plan Attachment 2: Proposed District Map Attachment 3: City of Livermore Resolution No. 2021-159 MINUTES ATTACHMENTS Signed: Resolution No. 2021/292 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 10/05/2021 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2021/292 IN THE MATTER OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, GRANTING CONSENT TO THE CITY OF LIVERMORE TO FORM THE LIVERMORE VALLEY WINE HERITAGE DISTRICT (LVWHD) WHEREAS, the City of Livermore is beginning the process to form the Livermore Valley Wine Heritage District (LVWHD) pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code section 36600 et seq., to provide specific benefits to assessed winery businesses in Livermore Valley Wine Country; and WHEREAS, the Livermore Valley American Viticultural Area includes territory located in unincorporated Contra Costa County; and WHEREAS, the City Council of the City of Livermore has requested consent to form the LVWHD in the County of Contra Costa with adoption of Livermore City Council Resolution No. 2021-159, dated September 13, 2021 (Attachment 3); and WHEREAS, Streets and Highways Code section 36620.5 authorizes a city to form a Property and Business Improvement District partially within the unincorporated territory of a county with the consent of the Board of Supervisors of that county. NOW, THEREFORE, BE IT RESOLVED, by the Board of Supervisors of the County of Contra Costa, that: Section 1: The above recitals are true and correct. Section 2: The Board of Supervisors consents to including certain unincorporated territory of Contra Costa County in the proposed LVWHD formed by the City of Livermore. The unincorporated territory of Contra Costa County that is authorized to be included in the LVWHD is shown on the map that is attached and incorporated into this resolution. Section 3: The Clerk of the Board of Supervisors is hereby directed to transmit a certified copy of this Resolution to the City Clerk of the City of Livermore City Council. Section 4: This Resolution is effective upon its adoption. Contact: Alicia Nuchols, 925-252-4500 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: 2021-2026 LIVERMORE VALLEY WINE HERITAGE DISTRICT MANAGEMENT DISTRICT PLAN March 17, 2021 Prepared pursuant to the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq. CONTENTS I. OVERVIEW ......................................................................................................................................... 3 II. BACKGROUND ................................................................................................................................. 4 III. BOUNDARY ........................................................................................................................................ 5 IV. ASSESSMENT BUDGET AND SERVICES ................................................................................ 6 A. Annual Service Plan ............................................................................................................ 6 B. Annual Budget ..................................................................................................................... 8 C. California Constitutional Compliance ................................................................................. 8 D. Assessment ........................................................................................................................ 10 E. Penalties and Interest ......................................................................................................... 10 F. Time and Manner for Collecting Assessments .................................................................. 11 V. GOVERNANCE ............................................................................................................................... 12 A. Owners’ Association ......................................................................................................... 12 B. Brown Act and California Public Records Act Compliance ............................................. 12 C. Annual Report ................................................................................................................... 12 APPENDIX 1 – LAW .................................................................................................................................... 13 APPENDIX 2 – ASSESSED BUSINESSES .............................................................................................. 24 Prepared by Civitas (800)999-7781 www.civitasadvisors.com LVWHD Management District Plan 3 March 17, 2021 I. OVERVIEW Developed by Livermore Valley Winegrowers Association (LVWA), a non-profit organization, the Livermore Valley Tourism Wine Heritage District (LVWHD) is an assessment district proposed to provide specific benefits to payors, by funding marketing and sales promotion and protection efforts with the goal to advance assessed businesses in the Livermore Valley Wine Country. This approach has been used successfully in other destination areas throughout the country to provide the benefit of driving increased business sales directly to payors. Location: The LVWHD includes wineries located within the boundaries of the Counties of Alameda, and Contra Costa, and the cities of Danville, Livermore, Dublin, and Sunol, as shown on the map in Section III. Services: The LVWHD is designed to provide specific benefits directly to payors by increasing winery sales and revenue therefrom. Marketing & brand awareness, community & industry advocacy, quality enhancement & education, and professional development & education efforts will promote assessed wineries in the LVWHD to increase winery sales revenue. Budget: The total LVWHD annual assessment budget for the initial year of its five (5) year operation is anticipated to be approximately $693,000. This amount may fluctuate as businesses open and close and winery sales change. A similar budget is expected to apply to subsequent years, but this budget is expected to fluctuate as sales do. Cost: The annual assessment rate is two percent (2%) of gross direct to consumer sales revenue on winery sales. Based on the benefit received, assessments will not be collected on purchases made outside of the state of California. Collection: The City of Livermore (City) or a third-party collection agency shall be responsible for collecting the assessment on a quarterly basis (including any delinquencies, penalties and interest) from each winery located in the boundaries of the LVWHD. The City or the third-party collection agency shall take all reasonable efforts to collect the assessments from each winery. Duration: The LVWHD will have a five (5) year life, beginning July 1, 2021 and ending on June 30, 2026. Once per year, beginning on the anniversary of LVWHD formation, there is a thirty (30) day period in which owners paying fifty percent (50%) or more of the assessment may protest and initiate a City Council hearing on LVWHD termination. Management: The Livermore Valley Winegrowers Association will serve as the Owners’ Association to provide improvements and activities for the LVWHD. The Association must provide an annual report on activities and expenditures to the City, which is also available to business owners. LVWHD Management District Plan 4 March 17, 2021 II. BACKGROUND Wine Heritage Districts (WHDs) are an evolution of the traditional Business Improvement District (BID). BIDs utilize the efficiencies of private sector operation in the market-based promotion of business districts. BIDs allow business owners to organize their efforts to increase sales and promotional efforts. Business owners within the district fund a BID, and those funds are used to provide services that the businesses desire and benefit the businesses within the district. Business Improvement District services may include, but are not limited to: Ø Marketing of the District Ø Business Promotion Activities Ø Infrastructure Improvements In California, BIDs are formed pursuant to the Property and Business Improvement District Law of 1994 (94 Law). This law allows for the creation of special benefit assessment districts to raise funds within a specific geographic area. The key difference between BIDs and other special benefit assessment districts is that funds raised are managed by the private non-profit corporation governing the district. There are many benefits to Business Improvement Districts: Ø Funds cannot be diverted for other government programs; Ø Services are customized to fit the needs of each district; Ø They allow for a wide range of services, including those listed above; Ø Business Improvement Districts are designed, created and governed by those who will pay the assessment; and Ø They provide a stable funding source for business promotion. The 94 Law is provided in Appendix 1 of this document. LVWHD Management District Plan 5 March 17, 2021 III. BOUNDARY The LVWHD will include all wineries existing and in the future, within the boundaries of the portions of the Counties of Alameda, and Contra Costa, and the cities of Danville, Livermore, Dublin, and Sunol, as shown on the map below. The term “winery” as used herein means: A business that is commercial growing and/or processing of wine grapes; and/or must have a valid state license and/or federal permit to process or sell wine at retail locations within the boundaries of the LVWHD. The boundary, as shown in the map below, currently includes fifty-six (56) wineries. A complete listing of wineries within the LVWHD can be found in Appendix 2. LVWHD Management District Plan 6 March 17, 2021 IV. ASSESSMENT BUDGET AND SERVICES A. Annual Service Plan Assessment funds will be spent to provide specific benefits conferred or privileges granted directly to the payors that are not provided to those not charged, and which do not exceed the reasonable cost to the City of conferring the benefits or granting the privileges. The privileges and services provided with the LVWHD funds are marketing & brand awareness, advocacy, and quality enhancement & education programs available only to assessed businesses. A service plan budget has been developed to deliver services that benefit the assessed businesses. A detailed annual budget will be developed and approved by LVWA. The table below illustrates the initial annual budget allocations. The total initial assessment budget is $693,000. Although actual revenues will fluctuate due to market conditions, the proportional allocations of the assessment budget shall remain the same. However, the City and the LVWA board shall have the authority to adjust budget allocations between the categories by no more than twenty percent (20%) of the total budget per year. A description of the proposed improvements and activities for the initial year of operation is below. The same activities are proposed for subsequent years. In the event of a legal challenge against the LVWHD, any and all assessment funds may be used for the costs of defending the LVWHD. The costs of creating the LVWHD may be repaid to LVWA reserves by deducting repayment funds proportionally from budget categories. Each budget category includes all costs related to providing that service. For example, the sales and marketing budget includes the cost of staff time dedicated to overseeing and implementing the sales and marketing program. Staff time dedicated purely to administrative tasks is allocated to the administrative portion of the budget. The costs of an individual staff member may be allocated to multiple budget categories. The staffing levels necessary to provide the services below will be determined by the Association on an as-needed basis. Marketing & Brand Awareness, 35% $242,550.00 Quality Enhancement & Education, 18% $124,740.00 Administration and Operations, 15% $103,950.00 Advocacy -Community & Industry Engagement, 15% $103,950.00 Professional Development & Education, 10% $69,300.00 Contingency / Reserve, 5% $34,650.00 City Collection Fee, 2%$13,860.00 Initial Annual Assessment Budget -$693,000 LVWHD Management District Plan 7 March 17, 2021 Marketing & Brand Awareness A brand awareness marketing program will promote the Livermore Valley Wine Heritage District (“LVWHD”) as a premium winegrowing region and as a leader in the global wine community. The brand awareness marketing program will have a central theme of promoting the LVWHD as a desirable place to experience Livermore Valley wineries, and as a desirable area to purchase wines and other estate produced products. The program has the goal of increasing demand for visitation to the winegrowing region, retail sales, affinity for LVWHD grapes and wines, and recognition at and for assessed businesses, and may include but is not limited to the following activities: • Advertising across any and all media channels to promote assessed winery tasting rooms on a local, regional or national level, including but not limited to: digital, print, television, radio and strategic brand partnerships; • Media Relations – Promoting assessed winery tasting rooms through development of media relations strategies, including but not limited to: media familiarization tours, proactive media pitching and/or influencer relations; • Digital Marketing – Utilizing paid, earned and owned social media to increase awareness of and engagement with assessed businesses; • Events – Developing and executing winery focused special events to attract customers to assessed businesses; • Trade & Industry Engagement – Ensuring representatives are provided the opportunity to attend trade shows, meetings, industry conferences, road shows, and events to promote assessed businesses; Create programs that engage key trade and industry influencers with the Livermore Valley; • Print Collateral – Preparing and producing collateral, promotional materials such as brochures, flyers and maps for assessed winery tasting rooms; • Brand Enhancement – Engage with third party brand development agency to develop brand platform and materials to assist with marketing assessed winery hospitality facilities; • Consumer Analytics – Identify and leverage consumer demographic, geographic and psychographic data to target messaging that markets Livermore Valley as a premier, unique wine destination to attract customers to assessed winery hospitality facilities; and • Signage Program – Ensure coordinated local signage for the Livermore Valley wine region. Advocacy – Community & Industry Engagement Advocacy programs will utilize dedicated time to provide unified attention, communication, and responsiveness throughout the LVWHD. The advocacy program will also include efforts to form relationships and collaborate with local government agencies, as well as community and regional organizations and entities, to provide a unified voice to represent assessed wine tasting facilities’ best interests on topics related to economic development, regulations, and planning decisions that impact LVWHD wine tasting facilities, with the goal to advance, promote and protect the Livermore Valley Wine Country. Additionally, advocacy programs will engage and demonstrate leadership in key state and national trade and industry programs and organizations. Quality Enhancement & Education Educational programs and quality enhancement initiatives will be developed for assessed wine tasting facilities designed to emphasize and enhance excellence and leadership in the industry, with the ultimate goal of increasing visitation, sales, and brand value for local wineries. Such programs are intended to bring increased exposure and prominence to Livermore Valley Wine Country as a world- class winery destination through continued education to amplify exceptional practices of the growing LVWHD Management District Plan 8 March 17, 2021 of wine grapes and vinification of wine. The program shall include initiatives to enhance wine quality and secure industry recognition for Livermore Valley Wine Country as a premier winemaking and grape-growing region. Professional Development & Education Programs and training for assessed winery facilities related to winemaking, wine grape growing, sales, hospitality, direct to consumer, marketing, media interviews, business operations and best practices. Administration and Operations The administration and operations portion of the budget shall be utilized for administrative staffing costs, office costs, advocacy, and other general administrative costs such as insurance, legal, and accounting fees. A certified public accountant may complete an agreed-upon procedures of the Owners’ Association’s allocation of LVWHD funds and usage in accordance with the terms and condition of the plan, at the City’s discretion. The audit may be performed by the City, or the City may hire an independent audit firm at their expense. City Collection Fee The City of Livermore shall be paid a fee equal to two percent (2%) of the amount of assessment collected to cover its costs of collection and administration. Contingency / Reserve The budget includes a contingency line item to account for lower than anticipated assessments. If there are contingency funds collected, they may be held in a reserve fund or utilized for other program, administration or renewal costs at the discretion of the Owners’ Association. Policies relating to contributions to the reserve fund, the target amount of the reserve fund, and expenditure of monies from the reserve fund shall be set by the Owners’ Association. Contingency/reserve funds may be spent on District programs or administrative and renewal costs in such proportions as determined by the Owners’ Association. The reserve fund may be used for the costs of renewing the LVWHD. B. Annual Budget The total five (5) year improvement and service plan budget is projected at approximately $693,000 annually, or $3,465,000 through 2026. This amount may fluctuate as businesses open and close and winery sales change. C. California Constitutional Compliance The LVWHD assessment is not a property-based assessment subject to the requirements of Proposition 218. Courts have found Proposition 218 limited the term ‘assessments’ to levies on real property.1 Rather, the LVWHD assessment is a business-based assessment, and is subject to Proposition 26. Pursuant to Proposition 26 all levies are a tax unless they fit one of seven exceptions. Two of these exceptions apply to the LVWHD, a “specific benefit” and a “specific government service.” Both require that the costs of benefits or services do not exceed the reasonable costs to the City of conferring the benefits or providing the services. 1. Specific Benefit 1 Jarvis v. the City of San Diego 72 Cal App. 4th 230 LVWHD Management District Plan 9 March 17, 2021 Proposition 26 requires that assessment funds be expended on, “a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privilege.”2 The services in this Plan are designed to provide targeted benefits directly to assessed businesses, and are intended only to provide benefits and services directly to those businesses paying the assessment. These services are tailored not to serve the general public, businesses in general, or parcels of land, but rather to serve the specific businesses within the LVWHD. The activities described in this Plan are specifically targeted to increase sales for assessed wineries within the boundaries of the LVWHD, and are narrowly tailored. LVWHD funds will be used exclusively to provide the specific benefit of increased sales revenue directly to the assessees. Assessment funds shall not be used to feature non-assessed wineries in LVWHD programs, or to directly generate sales for non-assessed wineries. The activities paid for from assessment revenues are business services constituting and providing specific benefits to the assessed wineries. The assessment imposed by this LVWHD is for a specific benefit conferred directly to the payors that is not provided to those not charged. The specific benefit conferred directly to the payors is an increase in winery sales revenue. The specific benefit of an increase in sales revenue for assessed wineries will be provided only to wineries paying the district assessment, with marketing & brand awareness, advocacy, and quality enhancement & education efforts promoting wineries paying the LVWHD assessment. The marketing & brand awareness, advocacy, and quality enhancement & education efforts programs will be designed to increase sales revenue at each assessed winery. Because they are necessary to provide the marketing & brand awareness, advocacy, and quality enhancement & education efforts programs that specifically benefit the assessed wineries, the administration and contingency services also provide the specific benefit of increased sales revenue to the wineries. Although the LVWHD, in providing specific benefits to payors, may produce incidental benefits to non-paying businesses, the incidental benefit does not preclude the services from being considered a specific benefit. The legislature has found that, “A specific benefit is not excluded from classification as a ‘specific benefit’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific benefit to the payor.”3 2. Specific Government Service The assessment may also be utilized to provide, “a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product.”4 The legislature has recognized that marketing and promotions services like those to be provided by the LVWHD are government services within the meaning of Proposition 265. Further, the legislature has determined that “a specific government service is not excluded from classification as a ‘specific government service’ merely because an indirect benefit to a nonpayor occurs incidentally and without cost to the payor as a consequence of providing the specific government service to the payor.”6 3. Reasonable Cost LVWHD services will be implemented carefully to ensure they do not exceed the reasonable cost of such services. The full amount assessed will be used to provide the services described herein. Funds 2 Cal. Const. art XIII C § 1(e)(1) 3 Government Code § 53758(a) 4 Cal. Const. art XIII C § 1(e)(2) 5 Government Code § 53758(b) 6 Government Code § 53758(b) LVWHD Management District Plan 10 March 17, 2021 will be managed by the LVWA, and reports submitted on an annual basis to the City. Only assessed wineries will be featured in marketing materials, receive sales leads generated from LVWHD-funded activities, be featured in advertising campaigns, and benefit from other LVWHD-funded services. Non-assessed wineries will not receive these, nor any other, LVWHD-funded services and benefits. The LVWHD-funded programs are all targeted directly at and feature only assessed businesses. It is, however, possible that there will be a spill over benefit to non-assessed businesses. If non-assessed wineries receive incremental sales revenue, that portion of the promotion or program generating that sales revenue shall be paid with non-LVWHD funds. LVWHD funds shall only be spent to benefit the assessed businesses, and shall not be spent on that portion of any program which directly generates incidental sales revenue for non-assessed businesses. D. Assessment The annual assessment rate is two percent (2%) of gross direct to consumer sales revenue of assessed wineries. Based on the benefit received, assessments will not be collected on purchases made outside of the state of California. The term “gross sales revenue” as used herein means: the consideration charged by wineries, for all direct to consumer sales of wine, wine club shipments (whether shipped or picked up), ticket sales, tasting fees, tours and private and public special events, merchandise, prepared and packaged foods for on-premise or off-premise consumption (whether sold in a tasting room or a stand-alone restaurant on- premise), orders placed via telemarketing, telephone, online, email, whether carried out at the time of purchase, shipped or picked up at a later date (pre-sales). Gross sales revenue shall not include any federal, state or local taxes collected, including but not limited to sales and use taxes. The assessment is levied upon and a direct obligation of the assessed winery. However, the assessed winery may, at its discretion, pass the assessment on to customers. The amount of assessment, if passed on to each customer, shall be disclosed in advance and separately stated from the amount of rent charged and any other applicable taxes, and each customer shall receive a receipt for payment from the business. If the LVWHD assessment is identified separately it shall be disclosed as the “LVWHD Assessment.” The assessment is imposed solely upon, and is the sole obligation of the assessed winery even if it is passed on to customers. The assessment shall not be considered revenue for any purpose, including calculation of sales taxes. Bonds shall not be issued. E. Penalties and Interest The LVWHD shall reimburse the City of Livermore (City) for any costs associated with collecting unpaid assessments. If sums in excess of the delinquent LVWHD assessment are sought to be recovered in the same collection action by the City, the LVWHD shall bear its pro rata share of such collection costs. Assessed businesses which are delinquent in paying the assessment shall be responsible for paying: 1. Original Delinquency Any winery that fails to remit any assessment imposed by this section within the time required shall pay a penalty of ten percent (10%) of the amount of the assessment in addition to the assessment. 2. Continued Delinquency Any winery that fails to remit any delinquent remittance on or before a period of thirty (30) days following the date on which the remittance first became delinquent shall pay a second LVWHD Management District Plan 11 March 17, 2021 delinquency penalty of ten percent (10%) of the assessment in addition to the assessment and the ten percent (10%) penalty first imposed. 3. Fraud If the City or third-party collection agency determines that the nonpayment of any remittance due under this article is due to fraud, a penalty of twenty-five percent (25%) of the amount of the assessment shall be added thereto in addition to the penalties stated in paragraph one (1) and two (2) above of this section. 4. Interest In addition to the penalties imposed, any winery who fails to remit any assessment imposed by this section shall pay interest at the rate of one-half of one percent (0.5%) per month or fraction thereof on the amount of the assessment, exclusive of penalties, from the date on which the remittance first became delinquent until paid. F. Time and Manner for Collecting Assessments The LVWHD assessment will be implemented beginning July 1, 2021 and continuing for five (5) years to end on June 30, 2026. The City of Livermore or a third-party collection agency will be responsible for collecting the assessment on a quarterly basis (including any delinquencies, penalties and interest) from each winery located in each jurisdiction within the LVWHD. The City or a third-party collection agency shall take all reasonable efforts to collect the assessments from each winery. The City or a third-party collection agency shall forward the assessments collected to the Owners’ Association. LVWHD Management District Plan 12 March 17, 2021 V. GOVERNANCE A. Owners’ Association The City Council of the City of Livermore, through adoption of this Management District Plan, has the right, pursuant to Streets and Highways Code §36651, to identify the body that shall implement the proposed program, which shall be the Owners’ Association of the LVWHD as defined in Streets and Highways Code §36612. The City Council has determined that Livermore Valley Winegrowers Association (LVWA) will serve as the Owners’ Association for the LVWHD. B. Brown Act and California Public Records Act Compliance An Owners’ Association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. The Owners’ Association is, however, subject to government regulations relating to transparency, namely the Ralph M. Brown Act and the California Public Records Act. These regulations are designed to promote public accountability. The Owners’ Association acts as a legislative body under the Ralph M. Brown Act (Government Code §54950 et seq.). Thus, meetings of the LVWA board and certain committees must be held in compliance with the public notice and other requirements of the Brown Act. The Owners’ Association is also subject to the record keeping and disclosure requirements of the California Public Records Act. Accordingly, the Owners’ Association shall publicly report any action taken and the vote or abstention on that action of each member present for the action. C. Annual Report The LVWA shall present an annual report at the end of each year of operation to the City Council pursuant to Streets and Highways Code §36650 (see Appendix 1). The annual report shall include: • Any proposed changes in the boundaries of the improvement district or in any benefit zones or classification of businesses within the district. • The improvements and activities to be provided for that fiscal year. • An estimate of the cost of providing the improvements and the activities for that fiscal year. • The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year. • The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year. • The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part. LVWHD Management District Plan 13 March 17, 2021 APPENDIX 1 – LAW *** THIS DOCUMENT IS CURRENT THROUGH THE 2020 SUPPLEMENT *** (ALL 2019 LEGISLATION) STREETS AND HIGHWAYS CODE DIVISION 18. PARKING PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 CHAPTER 1. General Provisions ARTICLE 1. Declarations 36600. Citation of part This part shall be known and may be cited as the “Property and Business Improvement District Law of 1994.” 36601. Legislative findings and declarations; Legislative guidance The Legislature finds and declares all of the following: (a) Businesses located and operating within business districts in some of this state’s communities are economically disadvantaged, are underutilized, and are unable to attract customers due to inadequate facilities, services, and activities in the business districts. (b) It is in the public interest to promote the economic revitalization and physical maintenance of business districts in order to create jobs, attract new businesses, and prevent the erosion of the business districts. (c) It is of particular local benefit to allow business districts to fund business related improvements, maintenance, and activities through the levy of assessments upon the businesses or real property that receive benefits from those improvements. (d) Assessments levied for the purpose of conferring special benefit upon the real property or a specific benefit upon the businesses in a business district are not taxes for the general benefit of a city, even if property, businesses, or persons not assessed receive incidental or collateral effects that benefit them. (e) Property and business improvement districts formed throughout this state have conferred special benefits upon properties and businesses within their districts and have made those properties and businesses more useful by providing the following benefits: (1) Crime reduction. A study by the Rand Corporation has confirmed a 12-percent reduction in the incidence of robbery and an 8-percent reduction in the total incidence of violent crimes within the 30 districts studied. (2) Job creation. (3) Business attraction. (4) Business retention. (5) Economic growth. (6) New investments. (f) With the dissolution of redevelopment agencies throughout the state, property and business improvement districts have become even more important tools with which communities can combat blight, promote economic opportunities, and create a clean and safe environment. (g) Since the enactment of this act, the people of California have adopted Proposition 218, which added Article XIII D to the Constitution in order to place certain requirements and restrictions on the formation of, and activities, expenditures, and assessments by property-based districts. Article XIII D of the Constitution provides that property-based districts may only levy assessments for special benefits. (h) The act amending this section is intended to provide the Legislature’s guidance with regard to this act, its interaction with the provisions of Article XIII D of the Constitution, and the determination of special benefits in property-based districts. (1) The lack of legislative guidance has resulted in uncertainty and inconsistent application of this act, which discourages the use of assessments to fund needed improvements, maintenance, and activities in property-based districts, contributing to blight and other underutilization of property. (2) Activities undertaken for the purpose of conferring special benefits upon property to be assessed inherently produce incidental or collateral effects that benefit property or persons not assessed. Therefore, for special benefits to exist as a separate and distinct category from general benefits, the LVWHD Management District Plan 14 March 17, 2021 incidental or collateral effects of those special benefits are inherently part of those special benefits. The mere fact that special benefits produce incidental or collateral effects that benefit property or persons not assessed does not convert any portion of those special benefits or their incidental or collateral effects into general benefits. (3) It is of the utmost importance that property-based districts created under this act have clarity regarding restrictions on assessments they may levy and the proper determination of special benefits. Legislative clarity with regard to this act will provide districts with clear instructions and courts with legislative intent regarding restrictions on property-based assessments, and the manner in which special benefits should be determined. 36602. Purpose of part The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within property and business improvement districts, to ensure that those assessments conform to all constitutional requirements and are determined and assessed in accordance with the guidance set forth in this act. This part does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. 36603. Preemption of authority or charter city to adopt ordinances levying assessments Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for similar or additional purposes from those set forth in this part. A property and business improvement district created pursuant to this part is expressly exempt from the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 (commencing with Section 2800)). 36603.5. Part prevails over conflicting provisions Any provision of this part that conflicts with any other provision of law shall prevail over the other provision of law, as to districts created under this part. 36604. Severability This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. Assessments levied under this part are not special taxes. ARTICLE 2. Definitions 36606. “Activities” “Activities” means, but is not limited to, all of the following that benefit businesses or real property in the district: (a) Promotion of public events. (b) Furnishing of music in any public place. (c) Promotion of tourism within the district. (d) Marketing and economic development, including retail retention and recruitment. (e) Providing security, sanitation, graffiti removal, street and sidewalk cleaning, and other municipal services supplemental to those normally provided by the municipality. (f) Other services provided for the purpose of conferring special benefit upon assessed real property or specific benefits upon assessed businesses located in the district. 36606.5. “Assessment” “Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide certain benefits to properties or businesses located within a property and business improvement district. 36607. “Business” LVWHD Management District Plan 15 March 17, 2021 “Business” means all types of businesses and includes financial institutions and professions. 36608. “City” “City” means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 of the Government Code, the public member agencies of which includes only cities, counties, or a city and county, or the State of California. 36609. “City council” “City council” means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers agreement and which is a city within the meaning of this part. 36609.4. “Clerk” “Clerk” means the clerk of the legislative body. 36609.5. “General benefit” “General benefit” means, for purposes of a property-based district, any benefit that is not a “special benefit” as defined in Section 36615.5. 36610. “Improvement” “Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following: (a) Parking facilities. (b) Benches, booths, kiosks, display cases, pedestrian shelters and signs. (c) Trash receptacles and public restrooms. (d) Lighting and heating facilities. (e) Decorations. (f) Parks. (g) Fountains. (h) Planting areas. (i) Closing, opening, widening, or narrowing of existing streets. (j) Facilities or equipment, or both, to enhance security of persons and property within the district. (k) Ramps, sidewalks, plazas, and pedestrian malls. (l) Rehabilitation or removal of existing structures. 36611. “Management district plan”; “Plan” “Management district plan” or “plan” means a proposal as defined in Section 36622. 36612. “Owners’ association” “Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities specified in the management district plan. An owners’ association may be an existing nonprofit entity or a newly formed nonprofit entity. An owners’ association is a private entity and may not be considered a public entity for any purpose, nor may its board members or staff be considered to be public officials for any purpose. Notwithstanding this section, an owners’ association shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code), at all times when matters within the subject matter of the district are heard, discussed, or deliberated, and with the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code), for all records relating to activities of the district. 36614. “Property” “Property” means real property situated within a district. LVWHD Management District Plan 16 March 17, 2021 36614.5. “Property and business improvement district”; “District” “Property and business improvement district,” or “district,” means a property and business improvement district established pursuant to this part. 36614.6. “Property-based assessment” “Property-based assessment” means any assessment made pursuant to this part upon real property. 36614.7. “Property-based district” “Property-based district” means any district in which a city levies a property-based assessment. 36615. “Property owner”; “Business owner”; “Owner” “Property owner” means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city council. “Business owner” means any person recognized by the city as the owner of the business. “Owner” means either a business owner or a property owner. The city council has no obligation to obtain other information as to the ownership of land or businesses, and its determination of ownership shall be final and conclusive for the purposes of this part. Wherever this part requires the signature of the property owner, the signature of the authorized agent of the property owner shall be sufficient. Wherever this part requires the signature of the business owner, the signature of the authorized agent of the business owner shall be sufficient. 36615.5. “Special benefit” “Special benefit” means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real property located in a district or to the public at large. Special benefit includes incidental or collateral effects that arise from the improvements, maintenance, or activities of property-based districts even if those incidental or collateral effects benefit property or persons not assessed. Special benefit excludes general enhancement of property value. 36616. “Tenant” “Tenant” means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner. ARTICLE 3. Prior Law 36617. Alternate method of financing certain improvements and activities; Effect on other provisions This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. Every improvement area established pursuant to the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500) of this division) is valid and effective and is unaffected by this part. CHAPTER 2. Establishment 36620. Establishment of property and business improvement district A property and business improvement district may be established as provided in this chapter. 36620.5. Requirement of consent of city council A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a district within the unincorporated territory of a county without the consent of the board LVWHD Management District Plan 17 March 17, 2021 of supervisors of that county. A city may not form a district within the territorial jurisdiction of another city without the consent of the city council of the other city. 36621. Initiation of proceedings; Petition of property or business owners in proposed district (a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the assessments proposed to be levied, the city council may initiate proceedings to form a district by the adoption of a resolution expressing its intention to form a district. The amount of assessment attributable to property or a business owned by the same property or business owner that is in excess of 40 percent of the amount of all assessments proposed to be levied, shall not be included in determining whether the petition is signed by property or business owners who will pay more than 50 percent of the total amount of assessments proposed to be levied. (b) The petition of property or business owners required under subdivision (a) shall include a summary of the management district plan. That summary shall include all of the following: (1) A map showing the boundaries of the district. (2) Information specifying where the complete management district plan can be obtained. (3) Information specifying that the complete management district plan shall be furnished upon request. (c) The resolution of intention described in subdivision (a) shall contain all of the following: (1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property or businesses within the district, a statement as to whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements do not need to be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities, and the location and extent of the proposed district. (2) A time and place for a public hearing on the establishment of the property and business improvement district and the levy of assessments, which shall be consistent with the requirements of Section 36623. 36622. Contents of management district plan The management district plan shall include, but is not limited to, all of the following: (a) If the assessment will be levied on property, a map of the district in sufficient detail to locate each parcel of property and, if businesses are to be assessed, each business within the district. If the assessment will be levied on businesses, a map that identifies the district boundaries in sufficient detail to allow a business owner to reasonably determine whether a business is located within the district boundaries. If the assessment will be levied on property and businesses, a map of the district in sufficient detail to locate each parcel of property and to allow a business owner to reasonably determine whether a business is located within the district boundaries. (b) The name of the proposed district. (c) A description of the boundaries of the district, including the boundaries of benefit zones, proposed for establishment or extension in a manner sufficient to identify the affected property and businesses included, which may be made by reference to any plan or map that is on file with the clerk. The boundaries of a proposed property assessment district shall not overlap with the boundaries of another existing property assessment district created pursuant to this part. This part does not prohibit the boundaries of a district created pursuant to this part to overlap with other assessment districts established pursuant to other provisions of law, including, but not limited to, the Parking and Business Improvement Area Law of 1989 (Part 6 (commencing with Section 36500)). This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with another business assessment district created pursuant to this part. This part does not prohibit the boundaries of a business assessment district created pursuant to this part to overlap with a property assessment district created pursuant to this part. (d) The improvements, maintenance, and activities proposed for each year of operation of the district and the maximum cost thereof. If the improvements, maintenance, and activities proposed for each year of operation are the same, a description of the first year’s proposed improvements, maintenance, and activities and a statement that the same improvements, maintenance, and activities are proposed for subsequent years shall satisfy the requirements of this subdivision. LVWHD Management District Plan 18 March 17, 2021 (e) The total annual amount proposed to be expended for improvements, maintenance, or activities, and debt service in each year of operation of the district. If the assessment is levied on businesses, this amount may be estimated based upon the assessment rate. If the total annual amount proposed to be expended in each year of operation of the district is not significantly different, the amount proposed to be expended in the initial year and a statement that a similar amount applies to subsequent years shall satisfy the requirements of this subdivision. (f) The proposed source or sources of financing, including the proposed method and basis of levying the assessment in sufficient detail to allow each property or business owner to calculate the amount of the assessment to be levied against his or her property or business. The plan also shall state whether bonds will be issued to finance improvements. (g) The time and manner of collecting the assessments. (h) The specific number of years in which assessments will be levied. In a new district, the maximum number of years shall be five. Upon renewal, a district shall have a term not to exceed 10 years. Notwithstanding these limitations, a district created pursuant to this part to finance capital improvements with bonds may levy assessments until the maximum maturity of the bonds. The management district plan may set forth specific increases in assessments for each year of operation of the district. (i) The proposed time for implementation and completion of the management district plan. (j) Any proposed rules and regulations to be applicable to the district. (k) (1) A list of the properties or businesses to be assessed, including the assessor’s parcel numbers for properties to be assessed, and a statement of the method or methods by which the expenses of a district will be imposed upon benefited real property or businesses, in proportion to the benefit received by the property or business, to defray the cost thereof. (2) In a property-based district, the proportionate special benefit derived by each identified parcel shall be determined exclusively in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the activities. An assessment shall not be imposed on any parcel that exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Only special benefits are assessable, and a property-based district shall separate the general benefits, if any, from the special benefits conferred on a parcel. Parcels within a property-based district that are owned or used by any city, public agency, the State of California, or the United States shall not be exempt from assessment unless the governmental entity can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. The value of any incidental, secondary, or collateral effects that arise from the improvements, maintenance, or activities of a property-based district and that benefit property or persons not assessed shall not be deducted from the entirety of the cost of any special benefit or affect the proportionate special benefit derived by each identified parcel. (l) In a property-based district, the total amount of all special benefits to be conferred upon the properties located within the property-based district. (m) In a property-based district, the total amount of general benefits, if any. (n) In a property-based district, a detailed engineer’s report prepared by a registered professional engineer certified by the State of California supporting all assessments contemplated by the management district plan. (o) Any other item or matter required to be incorporated therein by the city council. 36623. Procedure to levy assessment (a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of the Government Code. (b) If a city council proposes to levy a new or increased business assessment, the notice and protest and hearing procedure shall comply with Section 54954.6 of the Government Code, except that notice shall be mailed to the owners of the businesses proposed to be assessed. A protest may be made orally or in writing by any interested person. Every written protest shall be filed with the clerk at or before the time fixed for the public hearing. The city council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the city as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with this section shall not be counted in determining a majority protest. If written protests are received from the owners or authorized representatives of businesses in the proposed district that will pay LVWHD Management District Plan 19 March 17, 2021 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the resolution of intention, shall be taken for a period of one year from the date of the finding of a majority protest by the city council. (c) If a city council proposes to conduct a single proceeding to levy both a new or increased property assessment and a new or increased business assessment, the notice and protest and hearing procedure for the property assessment shall comply with subdivision (a), and the notice and protest and hearing procedure for the business assessment shall comply with subdivision (b). If a majority protest is received from either the property or business owners, that respective portion of the assessment shall not be levied. The remaining portion of the assessment may be levied unless the improvement or other special benefit was proposed to be funded by assessing both property and business owners. 36624. Changes to proposed assessments At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the type or types of improvements, maintenance, and activities to be funded with the revenues from the assessments. Proposed assessments may only be revised by reducing any or all of them. At the public hearing, the city council may only make changes in, to, or from the boundaries of the proposed property and business improvement district that will exclude territory that will not benefit from the proposed improvements, maintenance, and activities. Any modifications, revisions, reductions, or changes to the proposed assessment district shall be reflected in the notice and map recorded pursuant to Section 36627. 36625. Resolution of formation (a) If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt a resolution of formation that shall include, but is not limited to, all of the following: (1) A brief description of the proposed improvements, maintenance, and activities, the amount of the proposed assessment, a statement as to whether the assessment will be levied on property, businesses, or both within the district, a statement on whether bonds will be issued, and a description of the exterior boundaries of the proposed district, which may be made by reference to any plan or map that is on file with the clerk. The descriptions and statements need not be detailed and shall be sufficient if they enable an owner to generally identify the nature and extent of the improvements, maintenance, and activities and the location and extent of the proposed district. (2) The number, date of adoption, and title of the resolution of intention. (3) The time and place where the public hearing was held concerning the establishment of the district. (4) A determination regarding any protests received. The city shall not establish the district or levy assessments if a majority protest was received. (5) A statement that the properties, businesses, or properties and businesses in the district established by the resolution shall be subject to any amendments to this part. (6) A statement that the improvements, maintenance, and activities to be conferred on businesses and properties in the district will be funded by the levy of the assessments. The revenue from the levy of assessments within a district shall not be used to provide improvements, maintenance, or activities outside the district or for any purpose other than the purposes specified in the resolution of intention, as modified by the city council at the hearing concerning establishment of the district. Notwithstanding the foregoing, improvements and activities that must be provided outside the district boundaries to create a special or specific benefit to the assessed parcels or businesses may be provided, but shall be limited to marketing or signage pointing to the district. (7) A finding that the property or businesses within the area of the property and business improvement district will be benefited by the improvements, maintenance, and activities funded by the proposed assessments, and, for a property-based district, that property within the district will receive a special benefit. (8) In a property-based district, the total amount of all special benefits to be conferred on the properties within the property-based district. (b) The adoption of the resolution of formation and, if required, recordation of the notice and map pursuant to Section 36627 shall constitute the levy of an assessment in each of the fiscal years referred to in the management district plan. LVWHD Management District Plan 20 March 17, 2021 36627. Notice and assessment diagram Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625, the clerk shall record a notice and an assessment diagram pursuant to Section 3114. No other provision of Division 4.5 (commencing with Section 3100) applies to an assessment district created pursuant to this part. 36628. Establishment of separate benefit zones within district; Categories of businesses The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or activities to be provided within the benefit zone and may impose a different assessment within each benefit zone. If the assessment is to be levied on businesses, the city council may also define categories of businesses based upon the degree of benefit that each will derive from the improvements or activities to be provided within the district and may impose a different assessment or rate of assessment on each category of business, or on each category of business within each zone. 36628.5. Assessments on businesses or property owners The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure the assessments in whatever manner it determines corresponds with the distribution of benefits from the proposed improvements, maintenance, and activities, provided that any property- based assessment conforms with the requirements set forth in paragraph (2) of subdivision (k) of Section 36622. 36629. Provisions and procedures applicable to benefit zones and business categories All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the establishment, modification, or disestablishment of benefit zones or categories of business. The city council shall, to establish, modify, or disestablish a benefit zone or category of business, follow the procedure to establish, modify, or disestablish a property and business improvement district. 36630. Expiration of district; Creation of new district If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan may be created and the district may be renewed pursuant to this part. CHAPTER 3. Assessments 36631. Time and manner of collection of assessments; Delinquent payments The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution levying the assessment. Assessments levied on real property may be collected at the same time and in the same manner as for the ad valorem property tax, and may provide for the same lien priority and penalties for delinquent payment. All delinquent payments for assessments levied pursuant to this part may be charged interest and penalties. 36632. Assessments to be based on estimated benefit; Classification of real property and businesses; Exclusion of residential and agricultural property (a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the property and business improvement district. The city council may classify properties for purposes of determining the benefit to property of the improvements and activities provided pursuant to this part. (b) Assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses within the property and business improvement district. The city council may classify businesses for purposes of determining the benefit to the businesses of the improvements and activities provided pursuant to this part. LVWHD Management District Plan 21 March 17, 2021 (c) Properties zoned solely for residential use, or that are zoned for agricultural use, are conclusively presumed not to benefit from the improvements and service funded through these assessments, and shall not be subject to any assessment pursuant to this part. 36633. Time for contesting validity of assessment The validity of an assessment levied under this part shall not be contested in an action or proceeding unless the action or proceeding is commenced within 30 days after the resolution levying the assessment is adopted pursuant to Section 36626. An appeal from a final judgment in an action or proceeding shall be perfected within 30 days after the entry of judgment. 36634. Service contracts authorized to establish levels of city services The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business improvement district has been formed. 36635. Request to modify management district plan The owners’ association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan shall be made pursuant to this chapter. 36636. Modification of plan by resolution after public hearing; Adoption of resolution of intention (a) Upon the written request of the owners’ association, the city council may modify the management district plan after conducting one public hearing on the proposed modifications. The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution determining to make the modifications after holding a public hearing on the proposed modifications. If the modification includes the levy of a new or increased assessment, the city council shall comply with Section 36623. Notice of all other public hearings pursuant to this section shall comply with both of the following: (1) The resolution of intention shall be published in a newspaper of general circulation in the city once at least seven days before the public hearing. (2) A complete copy of the resolution of intention shall be mailed by first class mail, at least 10 days before the public hearing, to each business owner or property owner affected by the proposed modification. (b) The city council shall adopt a resolution of intention which states the proposed modification prior to the public hearing required by this section. The public hearing shall be held not more than 90 days after the adoption of the resolution of intention. 36637. Reflection of modification in notices recorded and maps Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section 3100), in a manner consistent with the provisions of Section 36627. CHAPTER 3.5. Financing 36640. Bonds authorized; Procedure; Restriction on reduction or termination of assessments (a)The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed improvements described in the resolution of formation adopted pursuant to Section 36625, if the resolution of formation adopted pursuant to that section provides for the issuance of bonds, under the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) or in conjunction with Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). Either act, as the case may be, shall govern the proceedings relating to the issuance of bonds, although proceedings under the Bond Act of 1915 may be modified by the city council as necessary to accommodate assessments levied upon business pursuant to this part. LVWHD Management District Plan 22 March 17, 2021 (b) The resolution adopted pursuant to subdivision (a) shall generally describe the proposed improvements specified in the resolution of formation adopted pursuant to Section 36625, set forth the estimated cost of those improvements, specify the number of annual installments and the fiscal years during which they are to be collected. The amount of debt service to retire the bonds shall not exceed the amount of revenue estimated to be raised from assessments over 30 years. (c) Notwithstanding any other provision of this part, assessments levied to pay the principal and interest on any bond issued pursuant to this section shall not be reduced or terminated if doing so would interfere with the timely retirement of the debt. CHAPTER 4. Governance 36650. Report by owners’ association; Approval or modification by city council (a) The owners’ association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and collected to pay the costs of the improvements, maintenance, and activities described in the report. The owners’ association’s first report shall be due after the first year of operation of the district. The report may propose changes, including, but not limited to, the boundaries of the property and business improvement district or any benefit zones within the district, the basis and method of levying the assessments, and any changes in the classification of property, including any categories of business, if a classification is used. (b) The report shall be filed with the clerk and shall refer to the property and business improvement district by name, specify the fiscal year to which the report applies, and, with respect to that fiscal year, shall contain all of the following information: (1) Any proposed changes in the boundaries of the property and business improvement district or in any benefit zones or classification of property or businesses within the district. (2) The improvements, maintenance, and activities to be provided for that fiscal year. (3) An estimate of the cost of providing the improvements, maintenance, and activities for that fiscal year. (4) The method and basis of levying the assessment in sufficient detail to allow each real property or business owner, as appropriate, to estimate the amount of the assessment to be levied against his or her property or business for that fiscal year. (5) The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year. (6) The estimated amount of any contributions to be made from sources other than assessments levied pursuant to this part. (c) The city council may approve the report as filed by the owners’ association or may modify any particular contained in the report and approve it as modified. Any modification shall be made pursuant to Sections 36635 and 36636. The city council shall not approve a change in the basis and method of levying assessments that would impair an authorized or executed contract to be paid from the revenues derived from the levy of assessments, including any commitment to pay principal and interest on any bonds issued on behalf of the district. 36651. Designation of owners’ association to provide improvements, maintenance, and activities The management district plan may, but is not required to, state that an owners’ association will provide the improvements, maintenance, and activities described in the management district plan. If the management district plan designates an owners’ association, the city shall contract with the designated nonprofit corporation to provide services. CHAPTER 5. Renewal 36660. Renewal of district; Transfer or refund of remaining revenues; District term limit (a) Any district previously established whose term has expired, or will expire, may be renewed by following the procedures for establishment as provided in this chapter. (b) Upon renewal, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed district. If the renewed district includes additional parcels or businesses not included in the prior district, the remaining revenues LVWHD Management District Plan 23 March 17, 2021 shall be spent to benefit only the parcels or businesses in the prior district. If the renewed district does not include parcels or businesses included in the prior district, the remaining revenues attributable to these parcels shall be refunded to the owners of these parcels or businesses. (c) Upon renewal, a district shall have a term not to exceed 10 years, or, if the district is authorized to issue bonds, until the maximum maturity of those bonds. There is no requirement that the boundaries, assessments, improvements, or activities of a renewed district be the same as the original or prior district. CHAPTER 6. Disestablishment 36670. Circumstances permitting disestablishment of district; Procedure (a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to accomplish any of the purposes of the district, may be disestablished by resolution by the city council in either of the following circumstances: (1) If the city council finds there has been misappropriation of funds, malfeasance, or a violation of law in connection with the management of the district, it shall notice a hearing on disestablishment. (2) During the operation of the district, there shall be a 30-day period each year in which assessees may request disestablishment of the district. The first such period shall begin one year after the date of establishment of the district and shall continue for 30 days. The next such 30-day period shall begin two years after the date of the establishment of the district. Each successive year of operation of the district shall have such a 30-day period. Upon the written petition of the owners or authorized representatives of real property or the owners or authorized representatives of businesses in the district who pay 50 percent or more of the assessments levied, the city council shall pass a resolution of intention to disestablish the district. The city council shall notice a hearing on disestablishment. (b) The city council shall adopt a resolution of intention to disestablish the district prior to the public hearing required by this section. The resolution shall state the reason for the disestablishment, shall state the time and place of the public hearing, and shall contain a proposal to dispose of any assets acquired with the revenues of the assessments levied within the property and business improvement district. The notice of the hearing on disestablishment required by this section shall be given by mail to the property owner of each parcel or to the owner of each business subject to assessment in the district, as appropriate. The city shall conduct the public hearing not less than 30 days after mailing the notice to the property or business owners. The public hearing shall be held not more than 60 days after the adoption of the resolution of intention. 36671. Refund of remaining revenues upon disestablishment or expiration without renewal of district; Calculation of refund; Use of outstanding revenue collected after disestablishment of district (a) Upon the disestablishment or expiration without renewal of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived from the sale of assets acquired with the revenues, or from bond reserve or construction funds, shall be refunded to the owners of the property or businesses then located and operating within the district in which assessments were levied by applying the same method and basis that was used to calculate the assessments levied in the fiscal year in which the district is disestablished or expires. All outstanding assessment revenue collected after disestablishment shall be spent on improvements and activities specified in the management district plan. (b) If the disestablishment occurs before an assessment is levied for the fiscal year, the method and basis that was used to calculate the assessments levied in the immediate prior fiscal year shall be used to calculate the amount of any refund. LVWHD Management District Plan 24 March 17, 2021 APPENDIX 2 – ASSESSED BUSINESSES 3 Steves Winery Jackson Cellars / Mitchell Katz Arroyo Cellars Las Positas Vineyards Beck Family Vineyards Leisure Street Winery Bent Creek Winery Longevity Wines Big White House, LLC Madison Vineyards BoaVentura de Caires Winery McGrail Vineyards and Winery Bodegas Aguirre Murrietas Well Caddis Winery Nella Terra Cellars Cedar Mountain Winery Nottingham Cellars Charles R Vineyards Occasio Winery Chateau Bellevue Odiesa Wine Company Chouinard Vineyards Omega Road Winery Concannon Vineyards Page Mill Winery Crooked Vine/Stoney Ridge Pat Paulsen Vineyards Cuda Ridge Wines Retzlaff Vineyards Dante Robere Vineyards Ricigliano LLC Darcie Kent Vineyards LLC Rios-Lovell Winery Del Sole Winery, LLC Rodrigue Molyneaux Winery Del Valle Winery Rosa Fierro Cellars Eagle Ridge Vineyard Ehrenberg Cellars Steven Kent Winery Elliston Tenuta Vineyard Enoteca Five Tesla Vinters Favalora Vineyards The Lineage Collection Fenestra Winery Vintagio Wines Garre' Vineyard and Winery Wente Family Estates Westover Vineyards Iron Palm Winery Wood Family Vineyards * The list was developed with the most reliable information provided; however, the list may contain discrepancies. This list shall include any future to-be opened businesses. Any business that may have been missed in this list, but is still within the boundaries of the LVWHD, shall also be subject to assessment. 1 Boundary Map DocuSign Envelope ID: 7CB63F23-FE55-4CDO-BF09-60B43EOFOF66 IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION REQUESTING CONSENT OF THE COUNTIES OF ALAMEDA AND CONTRA COSTA, AND THE CITIES OF DANVILLE AND DUBLIN TO FORM THE LIVERMORE VALLEY WINE HERITAGE DISTRICT The City Council of the City of Livermore (the "Council') desires to begin proceedings to form the Livermore Valley Wine Heritage District ("LVWHD") as requested by certain business owners. A portion of the territory proposed to be included in the proposed LVWHD lies within the boundaries of the Counties of Alameda and Contra Costa (the "counties"), and the cities of Livermore and Dublin (the "cities"), and the Town of Danville ("Town") as shown on the map attached hereto as Exhibit A and incorporated herein by such attachment. The area of the counties, cities and Town which lies within the boundaries of the proposed formed LVWHD will, in the opinion of the Council, be benefited by the improvements and activities, and the purpose sought to be accomplished by the work can best be accomplished be a single comprehensive scheme of work. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore, that: Section 1: The above recitals are true and correct. Section 2: Consent of the counties, cities and Town, through their Boards of Supervisors and their City or Town Councils, is hereby requested to create the LVWHD, and to grant to the Council jurisdiction for all the purposes in connection with creation, operation and future renewals of the proposed LVWHD. Section 3: The Clerk of the Council is hereby directed to transmit a certified copy of this Resolution to the clerks of the Counties of Alameda and Contra Costa, the City of Danville, and the Town of Dublin. On motion of Vice Mayor Munro, seconded by Council Member Bonanno, the foregoing resolution was passed and adopted on September 13, 2021, by the following vote: AYES: Council Members Bonanno, Carling, Kiick, Vice Mayor Munro, and Mayor Woerner NOES: None ABSENT: None ABSTAIN: None 1 RESOLUTION NO. 2021-159 DocuSign Envelope ID: 7CB63F23-FE55-4CDO-BF09-60B43EOFOF66 ATTEST: DocuSigned by: Marie Weber City Clerk 9/17/2021 1 5:10 PM PDT APPROVED AS TO FORM: DocuSigned by: fih,tu QEEGFa $QA.C.LL71.QF Kelly J. Trujillo Assistant City Attorney 2 RESOLUTION NO. 2021-159 RECOMMENDATION(S): APPROVE and AUTHORIZE the Auditor-Controller to transfer a cash balance of $599.88 in fund 831200, Office of Revenue Collection Trust, and a cash balance of $77,100.37 in fund 832700, Office of Revenue Parking Collection, to fund 100300/0005, County General Fund-General Purpose Revenue, and to inactivate funds 831200 and 832700. FISCAL IMPACT: The combined balance of $77,700.25 will be transfered to the County General Fund-General Purpose Revenue (fund 100300/0005) BACKGROUND: The Contra Costa Office of Revenue Collection (ORC) ceased operating on July 1, 2010. Monies in the amount of $77,700.25 that it had collected for various departments remain in its accounts. No reliable records have been located that would identify the department(s) to which the monies belong. Both of the ORC accounts that have a cash balance, the Office of Revenue Collection Trust Fund (831200) and the Office of Revenue Parking Collection Fund (832700), have had APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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 Strobel (925) 655-2058 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 68 To:Board of Supervisors From:Monica Nino, County Administrator Date:October 5, 2021 Contra Costa County Subject:Clear outstanding cash balances and inactivate Office of Revenue Collection funds BACKGROUND: (CONT'D) no activity since fiscal year 2010-2011. As part of the County project of implementing a new finance system, the Office of the Auditor-Controller is analyzing the accounts in the current finance system. If this item is approved, the Auditor-Controller’s Office will transfer the cash balances in ORC funds 831200 and 832700 to the County General Fund-General Purpose Revenue (fund 100300/0005) and will then inactivate these accounts. CONSEQUENCE OF NEGATIVE ACTION: The cash balances will not be transferred, and the funds will not be inactivated. RECOMMENDATION(S): ACCEPT the Annual Report on Revolving and Cash Difference Funds, Overage Fund, and Shortages for fiscal year 2020-2021 from the County Auditor-Controller. FISCAL IMPACT: None. BACKGROUND: Provisions of Government Code Sections 29321.1 and 29370.1 and Contra Costa County Board of Supervisors Resolution No. 92/525 authorize the County Auditor-Controller to establish, increase, reduce, or discontinue Revolving Funds and Cash Difference Funds. Provisions of Government Code Sections 29380.1 and 29390.1 and Contra Costa County Board of Supervisors Resolution No. 83/1062 authorize the County Auditor-Controller to replenish the Cash Difference Funds and to transfer money in the Overage Fund to the General Fund. With respect to those authorities and to conform with Government Code Sections 29321.1, 29370.1, 29380.1, and 29390.1, the County Auditor-Controller submits this report showing the officers and details of the balances of the Revolving and Cash Difference Funds, Overage Fund, and Shortages for fiscal year 2020-2021. CONSEQUENCE OF NEGATIVE ACTION: The County Auditor-Controller would not comply with Government Code Sections 29321.1, 29370.1, 29380.1, and 29390.1. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Joanne Bohren, 925-335-8610 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: C. 69 To:Board of Supervisors From:Robert Campbell, Auditor-Controller Date:October 5, 2021 Contra Costa County Subject:Annual Report on Revolving and Cash Difference Funds, Overage Fund, and Shortages for fiscal year 2020-2021 ATTACHMENTS Annual Report_2021 RECOMMENDATION(S): APPROVE amended Conflict of Interest Code for the Learner-Centered School, Inc. FISCAL IMPACT: None. BACKGROUND: The Learner-Centered School, Inc. ("Charter School") has amended its Conflict of Interest Code and submitted the revised code, attached as Exhibit A, to the Board for approval pursuant to Government Code sections 87306 and 87306.5. The revisions to the Conflict of Interest Code for the Charter School include updates to the assigned disclosure categories for the list of positions designated to file a statement of economic interest. A strike-out version of the Conflict of Interest Code is included as Exhibit B. These changes will ensure that the Conflict of Interest Code accurately reflects the required disclosures for the designated positions of the Charter School. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Kurtis C. Keller, Deputy County Counsel, (925) 655-2200 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Kurtis C. Keller, Deputy County Counsel, Monica Nino, Clerk of the Board of Supervisors, Sheri Thompson, Operations Manager, The Learner-Centered School, Inc. C. 70 To:Board of Supervisors From:Mary Ann Mason, County Counsel Date:October 5, 2021 Contra Costa County Subject:Conflict of Interest Code for the Learner-Centered School, Inc. ATTACHMENTS Exhibit A - Conflict of Interest Code for The Learner-Centered School, Inc. Exhibit B - Conflict of Interest Code for The Learner-Centered School, Inc. - STRIKE-OUT RECOMMENDATION(S): APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay an amount not to exceed $8,914 to Steris Corporation, a corporation, for repair and maintenance services on infection prevention equipment at Contra Costa Regional Medical Center (CCRMC) and Health Centers provided in good faith for the period March 1, 2021 through May 31, 2021. FISCAL IMPACT: This one-time payment in an amount not to exceed $8,914 for the period March 1, 2021 through May 31, 2021 is funded 100% by Hospital Enterprise Fund I revenue. BACKGROUND: CCRMC has been contracting with Steris Corporation, since June 2019 to provide repair and maintenance services on infection prevention equipment at CCRMC and Health Centers. On June 18, 2019, the Board of Supervisors approved Contract #76-644 with Steris Corporation, in an amount not to exceed $262,212 to provide repair and maintenance services on infection prevention equipment at CCRMC and Health Centers for the period June 1, 2019 through May 31, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: E Suisala , M Wilhelm C. 71 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 5, 2021 Contra Costa County Subject:Payment for Services Provided by Steris Corporation BACKGROUND: (CONT'D) On April 14, 2020, the Board of Supervisors approved Amendment Agreement #76-644-1, to increase the payment limit from $262,212 to a new payment limit of $305,309, with no change in the original term of June 1, 2019 through May 31, 2021. As the infection prevention equipment have gotten older, they require additional replacement parts that they didn’t need in previous years. An amendment to increase the payment limit was delayed, and the contract expired before the amendment was processed. Steris Corporation continued to provide repair and maintenance services in good faith for the period March 1, 2021 through May 31, 2021, which exceeded the payment limit by $8,913.30. Therefore, the County has determined that Steris Corporation, is entitled to payment for the reasonable value of their services under the equitable theory of quantum meruit. That theory provides that where a person has been asked to provide services without a valid contract, and the provider does so to the benefit of the recipient, the provider is entitled to recover the reasonable value of those services. CONSEQUENCE OF NEGATIVE ACTION: If this request is not approved, Steris Corporation will not be paid for repair and maintenance services provided at CCRMC and Health Centers outside of the contract payment limit rendered in good faith. ATTACHMENTS RECOMMENDATION(S): APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay $31,683 to Amador Institute, Inc., a non-profit corporation, for mental health services provided to recipients of the CalWORK’s Program, for the period January 1, 2021 through March 31, 2021. FISCAL IMPACT: Approval of this payment will result in a one-time payment of $31,683 for services rendered between January 1, 2021 and March 31, 2021 and will be funded by 100% CalWORKS revenues. BACKGROUND: The Health Services Department has been contracting with Amador Institute, Inc., since July 1, 2018 to provide mental health services to recipients of the CalWORK’s Program and their families. In August 2020, the County Administrator approved and the Purchasing Services Manager executed Contract #74-565-3 (as amended by Contact Amendment Agreement #74-565-4) with Amador Institute, Inc. in an amount of $73,708 to provide mental health services to recipients of the CalWORKs Program and their children, APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Alaina Floyd, marcy.wilham C. 72 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 5, 2021 Contra Costa County Subject:Payments for Services Provided by Amador Institute, Inc. BACKGROUND: (CONT'D) including individual, group and family collateral counseling, case management, and medication management services, to reduce barriers to employment for the period from July 1, 2020 through June 30, 2021. In September 2021, the County Administrator approved and the Purchasing Services Manager executed Contract Amendment Agreement #74-565-4 with Amador Institute, Inc. to increase the payment limit by $50,000 from $73,708 to a new payment limit of $123,708 to provide additional mental health services to recipients of the CalWORKs Program and their children, including individual, group and family collateral counseling, case management, and medication management services, to reduce barriers to employment for the period from July 1, 2020 through June 30, 2021. The contractor was required to provide additional staffing necessary to serve County referred clients, however, the contract was not amended to increase the payment limit prior to the expiration of the contract. The contractor is entitled to payment for the reasonable value of its services under the equitable relief theory of quantum meruit. That theory provides that where a contractor has been asked to provide services without a valid contract, and the contractor does so to the benefit of the County, the contractor is entitled to recover the reasonable value of those services. The contractor has provided services at the request of the County after the original contract payment limit had been reached. The Department cannot pay the contractor for services rendered that exceed the contract limits. As such, the Department recommends that the Board authorize the Auditor-Controller to issue a one-time payment not to exceed $31,683 to Amador Institute, Inc. CONSEQUENCE OF NEGATIVE ACTION: If this request is not approved, the contractor will not be paid for services requested by County staff and provided by the contractor in good faith. ATTACHMENTS RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Unpaid Student Training Agreement #74-635 with Contra Costa Medical Career College, Inc., a corporation, to provide supervised field instruction at Contra Costa Behavioral Health program sites for clerical/administrative externship students, for the period from October 1, 2021 through September 30, 2025. FISCAL IMPACT: There is no fiscal impact, this is a nonfinancial agreement. BACKGROUND: The purpose of this agreement is to provide Contra Costa Medical Career College, Inc. students with the opportunity to integrate academic knowledge with applied skills at progressively higher levels of performance and responsibility. Supervised fieldwork experience for students is considered to be an integral part of both educational and professional preparation. The Health Services Department can provide the requisite field education, while at the same time, benefitting from the students’ services to patients. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Alaina Floyd, marcy.wilham C. 73 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 5, 2021 Contra Costa County Subject:Unpaid Student Training Agreement #74-635 with Contra Costa Medical Career College, Inc. BACKGROUND: (CONT'D) Approval of Unpaid Student Training Agreement #74-635 with Contra Costa Medical Career College, Inc. will allow students to receive supervised fieldwork instruction experience at Contra Costa Behavioral Health program sites through September 30, 2025. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the students will not receive supervised fieldwork instruction experience at Contra Costa Behavioral Health program sites. RECOMMENDATION(S): APPROVE amendments to the Conflict of Interest Code for the Acalanes Union High School District ("District"), including the list of designated positions. FISCAL IMPACT: None. BACKGROUND: The District amended its list of designated positions in the Appendix to its Conflict of Interest Code and submitted the revised Appendix to the Board for approval pursuant to Government Code sections 87306 and 87306.5. The Appendix has been revised to delete one position and revise the title of one position. A final version of the Appendix is attached hereto as Exhibit A. These changes will ensure that the Conflict of Interest Code accurately reflects the current positions and organizational structure in use by the District. A strike-out version of the Appendix is attached as Exhibit B. CONSEQUENCE OF NEGATIVE ACTION: None. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Kurtis C. Keller, Deputy County Counsel, (925) 655-2200 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Monica Nino, Clerk of the Board of Supervisors, Kurtis C. Keller, Deputy County Counsel, Christopher Severson, President, AUHSD C. 74 To:Board of Supervisors From:Mary Ann Mason, County Counsel Date:October 5, 2021 Contra Costa County Subject:Conflict of Interest Code for the Acalanes Union High School District ATTACHMENTS Exhibit A - Appendix to the Conflict of Interest Code of the Acalanes Union High School District Exhibit B - Appendix to the Conflict of Interest Code of the Acalanes Union High School District - STRIKEOUT RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Service Director, or designee to execute Amendment Memorandum of Agreement #28-940-3 with City of San Pablo, to allow the County to modify the hours of operations and extend the term from September 30, 2021 to December 31, 2021 for the use of the City’s Davis Park Multi-Purpose Room for COVID-19 vaccination and testing services. FISCAL IMPACT: There is no cost to the County associated with signing this MOA. BACKGROUND: On November 10, 2020, the Board of Supervisors approved Memorandum of Agreement #28-940 with the City of San Pablo to allow the County to provide COVID-19 testing services at its Davis Park Multi-Purpose Room located at 1667 Folsom Avenue, San Pablo, California, for the period from November 16, 2020 through June 30, 2021. This MOA includes mutual indemnification. On November 17, 2020, Amendment Agreement #28-940-1 modified the MOU to change the language regarding hours of operations with no change in the term. In March 2021, Amendment Agreement #28-940-2 modified the MOU to extend the term of the Agreement from June 30, 2021 to September 30, 2021. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/05/2021 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: Anna Roth, 925-957-2670 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 5, 2021 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Stacey M. Boyd, Deputy cc: Marcy Wilhelm C. 75 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 5, 2021 Contra Costa County Subject:Amendment to Memorandum of Agreement #28-940-3 with City of San Pablo BACKGROUND: (CONT'D) Approval of Amendment Memorandum of Agreement #28-940-3 will allow the County to modify the hours of operations and extend the term from September 30, 2021 to December 31, 2021. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved the hours of operations would not be able to be modified as needed.