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HomeMy WebLinkAboutAGENDA - 04032012 - Annotated AgendaCALENDAR FOR THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY AND FOR SPECIAL DISTRICTS, AGENCIES, AND AUTHORITIES GOVERNED BY THE BOARD BOARD CHAMBERS ROOM 107, ADMINISTRATION BUILDING, 651 PINE STREET MARTINEZ, CALIFORNIA 94553-1229 MARY N. PIEPHO, CHAIR , 3rd DISTRICT JOHN GIOIA, 1st DISTRICT GAYLE B. UILKEMA, 2nd DISTRICT KAREN MITCHOFF, 4th DISTRICT FEDERAL D. GLOVER, 5th DISTRICT DAVID J. TWA, CLERK OF THE BOARD AND COUNTY ADMINISTRATOR, (925) 335-1900 The Board of Supervisors respects your time, and every attempt is made to accurately estimate when an item may be heard by the Board. All times specified for items on the Board of Supervisors agenda are approximate. Items may be heard later than indicated depending on the business of the day. Your patience is appreciated. AGENDA April 3, 2012            9:00 A.M. Convene and adjourn to Closed Session in Room 101. Present: John Gioia, District I Supervisor; Mary N. Piepho, District III Supervisor; Karen Mitchoff, District IV Supervisor; Federal D. Glover, District V Supervisor Absent: Gayle B. Uilkema, District II Supervisor Attendees: Theresa Speiker Closed Session Agenda : A. CONFERENCE WITH LABOR NEGOTIATORS 1. Agency Negotiators: David Twa and Ted Cwiek. Employee Organizations: Contra Costa County Employees’ Assn., Local No. 1; Am. Fed., State, County, & Mun. Empl., Locals 512 and 2700; Calif. Nurses Assn.; Service Empl. Int’l Union, Local1021; District Attorney’s Investigators Assn.; Deputy Sheriffs Assn.; United Prof. Firefighters, Local 1230; Physicians’ & Dentists’ Org. of Contra Costa; Western Council of Engineers; United Chief Officers Assn.; Service Empl. Int’l Union United Health Care Workers West; East County Firefighters’ Assn.; Contra Costa County Defenders Assn.; Probation Peace Officers Assn. of Contra Costa County; Contra Costa County Deputy District Attorneys’ Assn.; and Prof. & Tech. Engineers, Local 21, AFL-CIO. 2. Agency Negotiators: David Twa and Ted Cwiek. Unrepresented Employees: All unrepresented employees. B. CONFERENCE WITH LEGAL COUNSEL--EXISTING LITIGATION (Gov. Code, § 54956.9(a)) 1. Jonathan Herrera, a minor, by and through his Guardian ad Litem Bertha Herrera v. County of Contra Costa, et al., Contra Costa Superior Court Case No. C09-02886 2. Emilyn Russo v. Contra Costa County, WCAB# ADJ-6781681 3. Robert Crawford v. Contra Costa County, WCAB# ADJ4091117 (OAK 342491) 4. Contra Costa County v. Chavez, et al., Contra Costa County Superior Court Case No. C11-01558 5. Contra Costa County v. Huie, et al., Contra Costa County Superior Court Case No. C10-03009 6. Chevron USA Inc., et al. v. County of Contra Costa, Contra Costa Superior Court Case No. C10-01390 7. In the matter of CHEVRON USA before the Assessment Appeals Board, Application for Changes Assessment Nos. 2007-2194 through 2007-2256; 2008-5206 through 2008-5272; 2009-3692, 2009-5746, 2009-6108 through 2009-6115, 2009-6117 through 2009-6159.    There were no announcements from Closed Session. ADJOURNED today's meeting in memory of Edward Louis Del Baccaro of Danville, 1927-2012.   9:30 A.M. Call to order and opening ceremonies. Inspirational Thought - “Kindness in words creates confidence. Kindness in thinking creates profoundness. Kindness in giving creates love.” ~ Lao Tzu   CONSIDER CONSENT ITEMS (Items listed as C.1 through C.73 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 this section will be considered with the Short Discussion Items.   PRESENTATIONS   PR. 1 PRESENTATION of the 2010/11 Annual Report from the Contra Costa County Juvenile Justice-Delinquency Prevention Commission. (Commissioner Jamie Miller; Philip Kader, County Probation Officer) (See C.73)    Speaker: Orin Allen, former County Probation Officer, thanked the Board of Supervisors for its continuing support of juvenile justice prevention programs.   PR. 2 PRESENTATION to recognize the winners of the "Poetry Out Loud Arts" Competition. (Carolyn Victoria, Arts & Culture Commission of Contra Costa) (See C.17)   PR. 3 PRESENTATION to declare April 2012 as "Child Abuse Prevention Month" in Contra Costa County, as recommended by Supervisor Piepho. (See C.15)   PR. 4 PRESENTATION to honor Joe Valentine, Employment and Human Services Director, for his years of service to Contra Costa County, as recommended by the County Administrator. (Supervisor Piepho) (See C.18)   SHORT DISCUSSION ITEMS   SD. 1 PUBLIC COMMENT (3 Minutes/Speaker)    The following people spoke: Octavia Mims, Health Services employee, updated the Board on the financial status of employees whose collective bargaining units agreed to shared sacrifice cuts in wages and benefits in the last contract negotiation: Ms. Mims noted she has taken on a second job to make ends meet; Rick Mata, Agriculture Department, said the department has 20 staff people hired as permanent-intermittent, which means virtually no benefits for them and reminded the Board those employees also took pay cuts; Ralph Hoffman, resident of Walnut Creek, spoke of the significant health concerns related to the release of green house gases; Rollie Katz, Public Employees' Union, Local One, noted the good news regarding the Chevron Rollie Katz, Public Employees' Union, Local One, noted the good news regarding the Chevron property tax appeal decision by the Assessment Appeals Board and mentioned that it would be prudent to provide the public with clarification on what the decision means to local and County agencies and reliable dollar figures as quickly as possible.   SD. 2 CONSIDER Consent Items previously removed.   DELIBERATION ITEMS   1.D. 1 CONSIDER adopting Resolution No. 2012/123 approving the Memorandum of Understanding (MOU) between Contra Costa County and the Deputy District Attorneys' Association (DDAA) for the period of July 1, 2011 through June 30, 2013. (Ted Cwiek, Human Resources Director)       REMOVED from consideration.    AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) D. 2 CONSIDER reports of Board members.    No items were reported today.   Closed Session   CONSENT ITEMS   Road and Transportation   2.C. 1 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Public Works Department, to execute an increase to purchase order number 28995 with Nixon-Egli Equipment Co., by $50,000 to a total of $145,000, and extend the termination date from May 31, 2012 to May 31, 2013, for the rental of paving and asphalt equipment, Countywide. (100% Local Road Funds)       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 3.C. 2 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute Amendment No. 1 to an existing Consulting Services Agreement with Nolte Associates, Inc., effective February 1, 2012, to increase the current payment limit by $40,000 to a new payment of $186,642 in order to provide construction management services for the Montalvin Manor Pedestrian and Transportation Access Improvements Project, Montalvin area. (100% Local Road Funds)       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 4.C. 3 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Public Works Department, to    4.C. 3 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Public Works Department, to execute an increase to purchase order number 29172 with Hertz Equipment Rentals, in the amount of $100,000 to a total of $400,000, and extend the termination date from May 31, 2012 to May 31, 2013, for the rental of equipment for the Maintenance Division as needed, Countywide. (100% Local Road and Flood Control Funds)        AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 5.C. 4 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Public Works Department, to execute an increase to purchase order number 33683 with George Reed Table Mt. Quarry, in the amount of $100,000 to a total of $270,800, and extend the termination date from June 30, 2012 to June 30, 2013 for chip seal aggregate for the Maintenance Division as needed, Countywide (100% Local Road Funds)        AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) Engineering Services   6.C. 5 ADOPT Resolution No. 2012/125 approving the fourth extension of the Subdivision Agreement (Right-of-Way Landscaping), for Subdivision SD 06-09143, for project being developed by Windemere BLC Land Company, LLC, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (No Fiscal Impact)        AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 7.C. 6 ADOPT Resolution No. 2012/126 approving the fourth extension of the Subdivision Agreement (Right-of-Way Landscaping), for Subdivision SD 06-09142, for project being developed by Windemere BLC Land Company, LLC, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (No Fiscal Impact)       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 8.C. 7 ADOPT Resolution No. 2012/127 approving the fourth extension of the Subdivision Agreement (Right-of-Way Landscaping), for Subdivision SD 05-09023, for project being developed by Windemere BLC Land Company, LLC, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (No Fiscal Impact)       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 9.C. 8 ADOPT Resolution No. 2012/128 approving the second extension of the Subdivision Agreement (Right-of Way Landscaping) for Road Acceptance RA 05-01186 (cross-reference Subdivision SD 99-08381), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, Danville area. (No Fiscal Impact)       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) Special Districts & County Airports   10.C. 9 APPROVE and AUTHORIZE the Chair, Board of Supervisors, as the Governing Board of the Contra Costa County Flood Control and Water Conservation District, to execute Grant Deeds to convey portions of Sand Creek and Marsh Creek Flood Control Channels to the City of Brentwood, and ACCEPT the Quitclaim Deed and Grants of Easements from the City of Brentwood for property near Sand Creek Road and O'Hara Avenue, Brentwood Area. District III (100% Flood Control Zone 1 funds)       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 11.C.10 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with A.S. Dutchover & Associates effective April 1, 2012 to March 31, 2014, in an amount not to exceed $200,000, to provide landscape architect services, Countywide. (100% Special Revenue Funds)       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 12.C.11 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with David L. Gates & Associates, Inc. effective April 1, 2012 to March 31, 2014, in an amount not to exceed $200,000, to provide landscape architect services, Countywide. (100% Special Revenue Funds)        AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 13.C.12 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Kluber & Associates, Inc. effective April 1, 2012 to March 31, 2014, in an amount not to exceed $200,000, to provide landscape architect services, Countywide. (100% Special Revenue Funds)       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 14.C.13 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with LSA Associates, Incorporated (Inc.), in an amount not to exceed $205,831.56 for the period of April 5, 2012 through March 31, 2015, to provide environmental services for the Camino Tassajara Shoulder Widening-1.1 mile south of Highland Rd. to 0.3 mile north of Windemere Parkway project, San Ramon area. (60.5% South County Area of Benefit (AOB) Funds and 39.5% Highway Safety Improvements Program (HSIP) Funds)        AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) Claims, Collections & Litigation Claims, Collections & Litigation   15.C.14 DENY claims filed by Michael Audley, Enterprise Rent-A-Car of San Francisco, and Dindo & Alvin Porter.        AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) Honors & Proclamations   16.C.15 ADOPT Resolution No. 2012/119 declaring April 2012 as Child Abuse Prevention Month in Contra Costa County, as recommended by Supervisor Piepho. (See PR. 3)       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 17.C.16 ADOPT Resolution No. 2012/131 honoring the 70th Anniversary of World War II's epic Battle of Bataan & Corregidor in the Philippines by proclaiming April 14 to be Bataan-Corregidor Day in honor of the survivors and their families, as recommended by Supervisor Federal Glover.        AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 18.C.17 ADOPT Resolution No. 2012/133 recognizing the winners of the Contra Costa County "Poetry Out Loud" Competition, as recommended by the Arts and Culture Commission of Contra Costa County. (See PR. 2)       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 19.C.18 ADOPT Resolution No. 2012/136 honoring Joe Valentine, Employment and Human Services Director, for his years of service to Contra Costa County, as recommended by the County Administrator. (See PR. 4)       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) Appointments & Resignations   20.C.19 DECLARE vacant the District 1 Public Sector Seat on the Contra Costa County Economic Opportunity Council (EOC) and DIRECT the Clerk of the Board to post the vacancy, as recommended by Supervisor Gioia.       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor  AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 21.C.20 APPOINT Junie Tate Sugar to the North Richmond Resident Seat of the North Richmond Municipal Advisory Council (NRMAC), as recommended by Supervisor Gioia.        AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 22.C.21 ACCEPT resignation of Tom Quinn, DECLARE a vacancy in Labor Seat #3 on the Workforce Development Board, and DIRECT the Clerk of the Board to post the vacancy, as recommended by the Employment and Human Services Director.       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 23.C.22 APPOINT Michael Daugelli to the Member 2 Alternate seat on the Tri-Delta Transit Board of Directors to a term expiring December 31, 2014, as recommended by Supervisor Piepho.        AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 24.C.23 APPOINT Janet Smith to the Appointee 1 seat on the County Service Area, P-2A Citizen Advisory Committee to a term expiring December 31, 2014, as recommended by Supervisor Piepho.       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 25.C.24 APPOINT Kevin "Mac" McIIvenna to the District III seat on the Fish and Wildlife Committee to a term expiring February 1, 2013, as recommended by Supervisor Piepho.        AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 26.C.25 APPOINT Ron Reagan to the District III seat on the Aviation Advisory Committee to a term expiring March 1, 2015, as recommended by Supervisor Piepho.       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 27.C.26 APPOINT Kristine Solseng to the Board of Supervisors seat and Hale Kronenberg to the Board of Supervisors-Public Member seat, on the Oversight Board of the El Cerrito Redevelopment Successor Agency, as recommended by Supervisor Gioia.       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 28.C.27 APPROVE new medical staff members, advancement to permanent staff, requests for privileges, requests to change primary and secondary department and medical staff category, biennial reappointments, and resignations as recommended by the Medical Executive Committee at their March 19, 2012 Meeting, and by the Health Services Director.        AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 29.C.28 APPOINT William Swenson to the Board of Supervisors seat and Brian Connelley to the Board of Supervisors-Public Member seat, on the Oversight Board of the Oakley Redevelopment Successor Agency, as recommended by Supervisor Piepho.       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 30.C.29 APPOINT William Hill to the Board of Supervisors seat and Brian Swisher to the Board of Supervisors-Public Member seat, on the Oversight Board of the Brentwood Redevelopment Successor Agency, as recommended by Supervisor Piepho.       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) Appropriation Adjustments   31.C.30 Sheriff-Coroner (0129, 0255): APPROVE Appropriations and Revenue Adjustment No. 5048 transferring appropriations in the amount of $120,520 from capital fund contributions made by the City of Oakley, from the Law Enforcement Communications Fund to the Office of the Sheriff for the purchase of East Bay Regional Communications System-compliant radio equipment.        AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 32.C.31 Sheriff-Coroner (0255): APPROVE Appropriations and Revenue Adjustment No. 5047 authorizing deferred revenue in the amount of $28,255 and appropriating it to the Office of the Sheriff Civil Unit for the purchase of East Bay Regional Communications System compliant radio equipment.       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) Personnel Actions   33.C.32 ACKNOWLEDGE receipt of report of suspension of competition and direct appointment in the    33.C.32 ACKNOWLEDGE receipt of report of suspension of competition and direct appointment in the Health Services Department to facilitate return to work of a County employee through the County Rehabilitation Program, as provided for in the Personnel Management Regulations, Section 502, as part of the County Disability Program, as recommended by the Assistant County Administrator - Director of Human Resources.        AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 34.C.33 ADOPT Position Adjustment Resolution No. 21070 to increase the hours of one Exempt Medical Staff Optometrist position (unrepresented) from 20/40 to 24/40 in the Health Services Department. (100% Enterprise I Funds offset by reduction in straight time overtime)       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) Grants & Contracts   APPROVE and AUTHORIZE execution of agreements between the County and the following agencies for receipt of fund and/or services:   35.C.34 APPROVE and AUTHORIZE the Employment and Human Services Department Director, or designee, to apply for and accept finding from the Contra Costa Transportation Authority, Lifeline Transportation Program, in an amount not to exceed $130,000 for the Keeping Employment Equals Your Success program. (Match of $130,000: 85% Federal, 15% State)        AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 36.C.35 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to apply for and accept funding from the Contra Costa Transportation Authority, Lifeline Transportation, in an amount not to exceed $277,491 for the Rides-To-Success program for a 3-year period to begin upon grant award. (Match of $277,491: 49.3% Federal, 8.7% State; 42% County In-Kind.)        AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 37.C.36 APPROVE and AUTHORIZE the County Librarian, or designee, to apply for and accept a grant in the amount of $5,000 from the San Pablo Community Foundation to provide health and wellness library programs for the period of July 1, 2012 through May 30, 2013. (No Library fund match)       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 38.C.37 APPROVE and AUTHORIZE the County Librarian, or designee, to apply for and accept a grant in    38.C.37 APPROVE and AUTHORIZE the County Librarian, or designee, to apply for and accept a grant in the amount of $1,000 from Pleasant Hill Community Foundation for a One City, One Book event for Pleasant Hill community members organized by Pleasant Hill Library for the period September 1, 2012 through December 31, 2012. (No Library fund match)       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 39.C.38 APPROVE and AUTHORIZE the County Librarian, or designee, to apply for and accept a grant in the amount of $500 from Asian/Pacific American Library Association to provide materials and services at the Dougherty Station Library for the period of September 1, 2012 through September 30, 2012. (No Library fund match)       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 40.C.39 APPROVE and AUTHORIZE the County Librarian, or designee, to apply for and accept a California Reads Application for Additional Grant Funds from the California Council for the Humanities in the amount of $2,000 for materials and programming in West County and Martinez libraries for the period January 1, 2012 through November 30, 2012. (No Library fund match)        AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 41.C.40 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to apply for and accept State of California Department of Community Services and Development funding in an amount not to exceed $100,000 for Community Services Block Grant, Targeted Initiatives and Innovative Projects for the period June 15, 2012 through June 30, 2013. (No County match)        AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 42.C.41 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute an interagency agreement with Mt. Diablo Unified School District, to pay County an amount not to exceed $4,856,378, to provide residential and school-based day treatment and mental health services, for the period from July 1, 2011 through June 30, 2012. (No County match)        AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 43.C.42 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with the State Department of Alcohol and Drug Programs, effective January 1, 2012, to reflect a decrease in the amount payable to the County for fiscal yearz 2011 through 2013, in the amount of $4,960,102, for a new three year total amount of $28,003,316, with no change in the original term of July 1, 2010 through June 30, 2013. (100% State, Federal and Federal Drug Medi-Cal)        AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 44.C.43 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with the United States Department of Housing and Urban Development to pay the County an amount not to exceed $177,477, for the Permanent Connections Supportive Housing Program, for the period from July 1, 2011 through June 30, 2012. (No County match)        AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 45.C.44 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with the United States Department of Housing and Urban Development to pay the County an amount not to exceed $290,355, for operations of the FERST multi-service centers, for fiscal year 2011-2012. (No County match)        AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 46.C.45 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract from Department of Housing and Urban Development to pay the County an amount not to exceed $513,028, for the Project Coming Home –Addressing Addiction to Alcohol Program, for the period from June 1, 2011 through May 31, 2012. (No County match)        AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) APPROVE and AUTHORIZE execution of agreement between the County and the following parties as noted for the purchase of equipment and/or services:   47.C.46 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Intelegy Corporation to extend the term of the contract from May 31, 2012 to December 31, 2012 with no change in the payment limit. (10% County, 45% State, 45% Federal)        AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 48.C.47 APPROVE and AUTHORIZE the County Watershed Program’s Community Watershed Stewardship Grant Program and the disbursement of up to $100,000 each year in grant funds for 2012, 2013, and 2014 and APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with The Watershed Project in an amount not to exceed $75,000 for administration of the Community Watershed Stewardship Grant Program effective March 1, 2012 to February 28, 2015, Countywide. (100% Stormwater Utility Assessment Fees)       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 49.C.48 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department,   49.C.48 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a purchase order amendment with Agfa Healthcare Corporation, to increase the payment limit by $74,000 to a new total of $1,500,498, to provide installation of the Agfa Radiology Imaging System for the Health Services Department, for the period from July 13, 2011 through July 13, 2015. (100% Federal Funds)        AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 50.C.49 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with Maxim Healthcare Services, Inc, effective May 1, 2012, to increase the payment limit by $300,000 to a new payment limit of $785,000, to modify the rate schedule to add medical record abstractor services at Contra Costa Regional Medical and Health Centers and extend the term from August 31, 2012 through March 31, 2013. (100% Enterprise Fund I)        AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 51.C.50 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a purchase order with Aspect Software, Inc., in an amount not to exceed $807,905 for the upgrade of the Aspect Telephone System including support and maintenance for the disaster recovery sites in Martinez and Pittsburg, for a period March 30, 2012 thru March 29, 2017. (100% Federal Funds)        AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 52.C.51 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a purchase order with R-Computer, Inc., in an amount not to exceed $150,000, for Lenovo Thinkpad Laptops for the Health Services Department, for the period from April 15, 2012 through April 14, 2013. (100% Enterprise I Fund)       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 53.C.52 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Health Services Department, to execute a purchase order with Nexus IS, Inc., in an amount not to exceed $233,898, for Cisco internet switches, routers and maintenance for the Health Services Department’s data centers in Martinez and Pittsburg. (100% Federal Funds)       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 54.C.53 AWARD and AUTHORIZE trade contract with Vomar Products, Inc., the lowest responsive and responsible bidder, in the amount of $154,479, for Trade Bid Package 7A, consisting of building signage, for the West County Health Center Project, and AUTHORIZE the Deputy General Services Director, or designee, to execute the trade contract. (Health Resources and Services Administration Grant, Enterprise 1 Fund, and Bond Financing)       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor  AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 55.C.54 APPROVE and AUTHORIZE the Purchasing Agent, on behalf of Health Services Department, to execute a purchase order amendment with Tully Wihr Company to increase the amount payable by $200,000 for a new total of $1,900,000 for printed forms for Health Services Department and to extend the term from March 31, 2012 to March 31, 2013. (100% Enterprise Fund I)       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 56.C.55 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute, a contract amendment with American Red Cross Blood Services, effective January 1, 2012, to increase the total payment limit by $450,000, to a new total payment limit of $1,350,000, to provide additional blood testing/screening services, with no change in the original term of January 1, 2010 through December 31, 2012. (100% Enterprise I Funds)       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 57.C.56 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Philips Electronics North American Corporation, in an amount not to exceed $47,000, to provide professional consultation, training, technical assistant, and support services to Department’s Information Systems Director with regard to the EPIC Project EKG Monitoring and Reports System for Cardiology, for the period from January 1, 2012 through December 31, 2012. (100% Medicare & Medicaid Electronic Health Records Incentive Program)       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 58.C.57 APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract with Quint & Thimmig, LLP, in an amount not to exceed $500,000 for bond counsel services for the period of July 1, 2011 through June 30, 2014.        AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) Other Actions   59.C.58 ADOPT the revised Conflict of Interest Code for the Employment and Human Services Department as recommended by the Employment and Human Services Department Director and the Office of County Counsel.       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 60.C.59 ADOPT the revised Conflict of Interest Code for the Public Authority as recommended by the    60.C.59 ADOPT the revised Conflict of Interest Code for the Public Authority as recommended by the Public Authroity Director, Employment and Human Services Department Director, and Office of County Counsel.       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 61.C.60 APPROVE expenditure of $89,000 from restricted Suisun Bay/New York Slough Assessment District revenues to partially fund a match to a Federal Army Corps of Engineers grant to conduct various studies related to the San Francisco-to-Stockton Ship Channel Deepening Project, as recommended by the Conservation and Development Director. (100% Suisun Bay/New York Slough Assessment District funds)       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 62.C.61 APPROVE and ADOPT the request for appointment-in-lieu June 5, 2012 election, County Central Committees Offices, as recommended by the Clerk Recorder. (No fiscal impact)        AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 63.C.62 RECEIVE the 2011 Annual Report submitted by the Pacheco Municipal Advisory Council, as recommended by Supervisor Glover.       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 64.C.63 RECEIVE the 2011 Annual Report submitted by the Rodeo Municipal Advisory Council, as recommended by Supervisor Glover.        AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 65.C.64 RECEIVE the 2011 Annual Report submitted by the County Service Area M-16 Citizens' Advisory Committee, as recommended by Supervisor Glover.       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 66.C.65 RECEIVE the 2011 Annual Report submitted by the Bay Point Municipal Advisory Council, as recommended by Supervisor Glover.        AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 67.C.66 ADOPT Resolution No. 2012/122 revising the nominating authority in governing resolutions or    67.C.66 ADOPT Resolution No. 2012/122 revising the nominating authority in governing resolutions or board orders for certain boards, committees, and commissions and acknowledging elimination of certain bodies from the Local Appointments List.       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 68.C.67 ADOPT Resolution No. 2012/129, to supersede Resolution No. 2009/25 authorizing Russell Watts in the capacity of Treasurer-Tax Collector, Brice Bins in the capacity of Chief Deputy Treasurer-Tax Collector and Belinda Zhu in the capacity of Assistant Treasurer to deposit and withdraw money in the Local Agency Investment Fund (LAIF), as recommended by the Treasurer-Tax Collector.       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 69.C.68 APPROVE the list of providers recommended by the Contra Costa Health Plan's Peer Review and Credentialing Committee at their February 14, 2012 meeting, and by the Health Services Director, as required by the State Departments of Health Care Services and Managed Health Care, and the Centers for Medicare and Medicaid Services.        AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 70.C.69 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to execute a contract extension with Environmental Science Associates, extending the contract termination date from April 1, 2012, to April 1, 2013, for environmental impact report consulting services related to the Bayview Estates Residential Project, with no change to the payment limit. (100% Permit Application Fees)        AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 71.C.70 APPROVE consolidation requests for the June 5, 2012 Primary Election, as recommended by the Clerk Recorder. (No fiscal impact)       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 72.C.71 DECLARE as surplus and AUTHORIZE the Purchasing Agent, or designee, to dispose of fully depreciated vehicles no longer needed for public use as recommended by the Public Works Director. (No fiscal impact)        AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 73.C.72 CONTINUE the emergency action originally taken by the Board of Supervisors on November 16,   73.C.72 CONTINUE the emergency action originally taken by the Board of Supervisors on November 16, 1999 regarding the issue of homelessness in Contra Costa County, as recommended by the Health Services Director.       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT) 74.C.73 ACCEPT the 2010/11 Annual Report from the Contra Costa County Juvenile Justice-Delinquency Prevention Commission. (Commissioner Jamie Miller; Philip Kader, County Probation Officer) (See PR.1)       AYE: District I Supervisor John Gioia, District III Supervisor Mary N. Piepho, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other: District II Supervisor Gayle B. Uilkema (ABSENT)   GENERAL INFORMATION The Board meets in all its capacities pursuant to Ordinance Code Section 24-2.402, including as the Housing Authority and the Successor Agency to the Redevelopment Agency. Persons who wish to address the Board should complete the form provided for that purpose and furnish a copy of any written statement to the Clerk. Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the Clerk of the Board to a majority of the members of the Board of Supervisors less than 72 hours prior to that meeting are available for public inspection at 651 Pine Street, First Floor, Room 106, Martinez, CA 94553, during normal business hours. All matters listed under CONSENT ITEMS are considered by the Board to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Board or a member of the public prior to the time the Board votes on the motion to adopt. Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Chair calls for comments from those persons who are in support thereof or in opposition thereto. After persons have spoken, the hearing is closed and the matter is subject to discussion and action by the Board. Comments on matters listed on the agenda or otherwise within the purview of the Board of Supervisors can be submitted to the office of the Clerk of the Board via mail: Board of Supervisors, 651 Pine Street Room 106, Martinez, CA 94553; by fax: 925-335-1913. The County will provide reasonable accommodations for persons with disabilities planning to attend Board meetings who contact the Clerk of the Board at least 24 hours before the meeting, at (925) 335-1900; TDD (925) 335-1915. An assistive listening device is available from the Clerk, Room 106. Copies of taped recordings of all or portions of a Board meeting may be purchased from the Clerk of the Board. Please telephone the Office of the Clerk of the Board, (925) 335-1900, to make the necessary arrangements. Forms are available to anyone desiring to submit an inspirational thought nomination for inclusion on the Board Agenda. Forms may be obtained at the Office of the County Administrator or Office of the Clerk of the Board, 651 Pine Street, Martinez, California. Applications for personal subscriptions to the weekly Board Agenda may be obtained by calling the Office of the Clerk of the Board, (925) 335-1900. The weekly agenda may also be viewed on the County’s Internet Web Page: www.co.contra-costa.ca.us STANDING COMMITTEES The Airport Committee (Supervisors Karen Mitchoff and Mary N. Piepho) meets on the fourth Monday of the month at 12:30 p.m. at Director of Airports Office, 550 Sally Ride Drive, Concord. The Family and Human Services Committee (Supervisors Gayle B. Uilkema and Federal D. Glover) meets on the first Monday of the month at 1:30 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Finance Committee (Supervisors John Gioia and Federal D. Glover) meets on the second Monday of the month at 1:30 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Internal Operations Committee (Supervisors Karen Mitchoff and Gayle B. Uilkema) meets on the second and fourth Monday of the month at 9:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Legislation Committee (Supervisors Karen Mitchoff and Mary N. Piepho) meets on the first Thursday of the month at 11:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Public Protection Committee (Supervisors Federal D. Glover and Gayle B. Uilkema) meets on the first Thursday of the month at 11:00 a.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. The Transportation, Water & Infrastructure Committee (Supervisors Mary N. Piepho and Federal D. Glover) meets on the first Thursday of the month at 1:30 p.m. in Room 101, County Administration Building, 651 Pine Street, Martinez. Airports Committee April 23, 2012 12:30 PM See above Family & Human Services Committee May 7, 2012 1:30 PM See above Finance Committee April 5, 2012 10:00 AM See above Internal Operations Committee April 9, 2012 9:00 AM See above Legislation Committee April 5, 2012 11:00 AM See above Public Protection Committee May 3, 2012 11:00 AM See above Transportation, Water & Infrastructure Committee April 5, 2012 1:30 PM See above PERSONS WHO WISH TO ADDRESS THE BOARD MAY BE LIMITED TO THREE (3) MINUTES 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 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 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): ADOPT Resolution No. 2012/123 approving the Memorandum of Understanding (MOU) between Contra Costa County and the Deputy District Attorneys' Association (DDAA) implementing negotiated wage agreements and other economic terms and conditions of employment, for the period of July 1, 2011 through June 30, 2013. FISCAL IMPACT: The terms and conditions set forth in this action are estimated to achieve a structural annual savings of $636,000. Of the $636,000, $445,000 is the savings associated with the 3.09% reduction in salary and $274,000 is savings from the elimination of the Employer subvention of Employee pension costs; an additional cost of $83,000 is netted against these figures for a two percent at twenty years of service longevity differential. Savings in the current fiscal year are anticipated to be $98,000. Additional savings will be achieved in FY 2012/13 when the new pension tier is in place. The savings from the new pension tier will be significant over time. These savings will help to alleviate the fiscal impact caused by reductions in property values and the related decline in property tax revenues and the on-going structural deficit in the County’s budget. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes:REMOVED from consideration VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Ted Cwiek, Human Resources Director (925) 335-1766 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Robert Campbell, Auditor-Controller D. 1 To:Board of Supervisors From:Ted Cwiek, Human Resources Director Date:April 3, 2012 Contra Costa County Subject:Memorandum of Understanding with the Deputy District Attorneys' Association BACKGROUND: The DDAA began bargaining with Contra Costa County on or about May 23, 2011. The Tentative Agreements were reached between the County and the DDAA and ratified on or about March 30, 2012. The resulting Memorandum of Understanding, which is attached, includes modifications to wages, retirement, health care, and other benefit changes. In summary, the significant changes are: Term The term of the agreement is from July 1, 2011 through June 30, 2013. General Wages - Section 5.1 Effective on July 1, 2012, the base rate of pay for all classifications represented by the Deputy District Attorneys’ Association will be reduced by three and nine hundredths percent (3.09%). The Association will pay the County fifty thousand dollars ($50,000) to compensate the County for the lost savings associated with subvention costs. Health, Life & Dental Care - Section 13 Language in regard to dependents has been updated to reflect current federal healthcare laws. Retirement Contribution (Subvention) - Section 16 Effective April 1, 2012, employees are responsible for one hundred percent (100%) of the employees' basic retirement benefits contribution as determined annually by the Board of Retirement of the Contra Costa County Employees' Retirement Association. Retirement/Tier IV Retirement Plan - Section 16 For employees hired after December 31, 2012, the new retirement formula will be two percent at sixty years of age (2% at 60). The cost of living adjustment will not exceed two percent (2%) per year and will be banked. The employee’s final compensation will be based on his/her average annual compensation earnable during a consecutive thirty-six (36) month period. The employee’s retirement will not exceed ninety percent (90%) of his/her final compensation. The County will seek enabling legislation and the Union has agreed to support this effort. Longevity Pay - Section 20 Permanent, full-time and part-time employees who have completed twenty (20) years of Contra Costa County service are eligible to receive a 2% longevity differential. Annual Administrative Leave - Section 22 Administrative leave will be increased from eighty (80) hours to ninety-four (94) hours a year. Vacation Buy Back - Section 23 Employees promoted or hired by the County into any classification represented by the DDAA on and after January 1, 2012, are not eligible for the Vacation Buy Back program. CONSEQUENCE OF NEGATIVE ACTION: The County will not realize the savings associated with this action. CHILDREN'S IMPACT STATEMENT: None. CLERK'S ADDENDUM REMOVED from consideration.  ATTACHMENTS MOU Deputy District Attorneys' Association Deputy District Attorneys’ Assn 1 2011-2013 MOU MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY AND DEPUTY DISTRICT ATTORNEYS’ ASSOCIATION This Memorandum of Understanding (MOU) is entered into pursuant to the authority contained in Division 34 of Board of Supervisors' Resolution No. 81/1165 and has been jointly prepared by the parties. The Employee Relations Officer (County Administrator) is the representative of Contra Costa County in employer-employee relations matters as provided in Board of Supervisors' Resolution No. 81/1165. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in units in which the Association is the recognized representative, have freely exchanged information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations covering such employees. This MOU shall be presented to the Contra Costa County Board of Supervisors, as the governing board of Contra Costa County, as the joint recommendations of the undersigned for salary and employee benefit adjustments for the term set forth herein. SECTION 1 - ASSOCIATION RECOGNITION Deputy District Attorneys’ Assn 2 2011-2013 MOU SECTION 1 - ASSOCIATION RECOGNITION The Association is the formally recognized employee organization for the representation units listed below, and such organization has been certified as such pursuant to Board of Supervisor’s Resolution 2008/132, dated March 11, 2008. 2KTF Deputy District Attorney – Basic Level 2KTG Deputy District Attorney – Advanced 2KWD Deputy District Attorney – Fixed Term SECTION 2 - ASSOCIATION SECURITY 2.1 Dues Deduction. Pursuant to Board of Supervisors' Resolution No. 81/1165, only a majority representative may have dues deduction and as such the Association has the exclusive privilege of dues deduction or agency fee deduction for all employees in its units. 2.2 Maintenance of Membership. All employees in units represented by the Association who are currently paying dues to the Association and all employees in such units who hereafter become members of the Association shall as a condition of continued employment pay dues to the Association for the duration of this MOU and each year thereafter so long as the Association continues to represent the position to which the employee is assigned, unless the employee has exercised the option to cease paying dues in accordance with Section 2.3. 2.3 Withdrawal of Membership. By notifying the Auditor-Controller's Department in writing, between August 1 and August 31, any employee may withdraw from Association membership and discontinue paying dues as of the payroll period commencing September 1. Upon close of the above referenced 30 day period, the Auditor-Controller shall submit to the Association the list of the employees who have rescinded their authorization for dues deduction. 2.4 Communicating With Employees. Representatives of the Association, not on County time, shall be permitted to place employee literature at designated locations in County buildings if arranged through the Department Head or designated representative. 2.5 Use of County Buildings. The Association shall be allowed the use of areas normally used for meeting purposes for Association meetings during non- work hours when: A. Such space is available. B. There is no additional cost to the County. C. It does not interfere with normal County operations. SECTION 3 - NO DISCRIMINATION 3 Deputy District Attorneys’ Assn 2011-2013 MOU SECTION 3 - NO DISCRIMINATION There shall be no discrimination because of age, sex, race, creed, color, national origin, religion, disability, sexual orientation or Association activities against any employee or applicant for employment by the County or by anyone employed by the County. SECTION 4 – ASSOCIATION REPRESENTATIVES 4.1 Attendance at Meetings. Employees designated as Association Representatives or official representatives of the Association shall be allowed to attend meetings held by County agencies during regular working hours on County time as follows: A. If their attendance is required by the County at a specific meeting, including meetings of the Board of Supervisors. B. If their attendance is sought by a hearing body or presentation of testimony or other reasons. C. If they are designated as an Association Representative, in which case they may utilize a reasonable time at each level of the proceedings to assist an employee to present a grievance provided the meetings are scheduled at reasonable times agreeable to all parties. D. If they are designated as spokesperson or representative of the Association and as such make representations or presentations at meetings or hearings on wages, salaries and working conditions; provided in each case advance arrangements for time away from the employee's work station or assignment are made with the appropriate Department Head, and the County agency calling the meeting is responsible for determining that the attendance of the particular employee(s) is required, including meetings of the Board of Supervisors and Retirement Board where items which are within the scope of representation and involving the Association are to be discussed. E. Association Representatives and Association officials shall advise, as far in advance as possible, their immediate supervisor, or his/her designee, of their intent to engage in Association business. All arrangements for release time shall include the location, the estimated time needed and the general nature of the Association business involved. SECTION 5 - SALARIES Deputy District Attorneys’ Assn 4 2011-2013 MOU F. Official representative of the Association shall be allowed time off on County time for meetings during regular working hours when formally meeting and conferring in good faith or consulting with the Labor Relations Manager or other management representatives on matters within the scope of representation, provided advance arrangement for the time away from the work assignment or station are made with the appropriate Department Head. No more than four (4) Association Representatives will be released at any one time during work hours for this purpose. SECTION 5 - SALARIES 5.1 General Wages. A. Effective on July 1, 2012, the base rate of pay for all classifications represented by the Deputy District Attorneys’ Association will be reduced by three and nine hundredths percent (3.09%). B. The Association will pay the County fifty thousand dollars ($50,000) to compensate the County for the lost savings associated with subvention costs. A check for fifty thousand dollars ($50,000) will be paid to the County on the first of the month after Board Approval of this MOU. SECTION 6 - LAYOFFS Layoffs, if necessary, will be made pursuant to the Contra Costa County Personnel Management Regulations, Part 12 - LAYOFF. SECTION 7 - JURY DUTY AND WITNESS DUTY 7.1 Jury Duty. For purposes of this Section, jury duty shall be defined as any time an employee is obligated to report to the court. A. When called for jury duty, County employees, like other citizens, are expected to discharge their jury duty responsibilities. B. Employees shall advise their department as soon as possible if scheduled to appear for jury duty. C. If summoned for jury duty in a Municipal, Superior, or Federal Court, or a Coroners jury, employees may remain in their regular County pay status, or they may take paid leave (vacation, floating holiday, etc.) or leave without pay and retain all fees and expenses paid to them. SECTION 7 - JURY DUTY AND WITNESS DUTY 5 Deputy District Attorneys’ Assn 2011-2013 MOU D. When an employee is summoned for jury duty selection or is selected as a juror in a Municipal, Superior or Federal Court, employees may remain in a regular pay status if they waive all fees (other than mileage), regardless of shift assignment and the following shall apply: 1. If an employee elects to remain in a regular pay status and waive or surrender all fees (other than mileage), the employee shall obtain from the Clerk or Jury Commissioner a certificate indicating the days attended and noting that fees other than mileage are waived or surrendered. The employee shall furnish the certificate to his department where it will be retained as a department record. No "Absence/Overtime Record" is required. 2. An employee who elects to retain all fees must take leave (vacation, floating holiday, etc.) or leave without pay. No court certificate is required but an "Absence/Overtime Record" must be submitted to the department payroll clerk. E. Employees are not permitted to engage in any employment regardless of shift assignment or occupation before or after daily jury service that would affect their ability to properly serve as jurors. F. An employee on short notice standby to report to court, whose job duties make short notice response impossible or impractical, shall be given alternate work assignments for those days to enable them to respond to the court on short notice. G. When an employee is required to serve on jury duty, the County will adjust that employee's work schedule to coincide with a Monday to Friday schedule for the remainder of their service, unless the employee requests otherwise. H. Permanent-intermittent employees are entitled to paid jury duty leave only for those days on which they were previously scheduled to work. 7.2 Witness Duty. Employees called upon as a witness or an expert witness in a case arising in the course of their work or the work of another department may remain in their regular pay status and turn over to the County all fees and expenses paid to them other than mileage allowance or they may take vacation leave or leave without pay and retain all fees and expenses. Employees called to serve as witnesses in private cases or personal matters (e.g., accident suits and family relations) shall take vacation leave or leave without pay and retain all witness fees paid to them. SECTION 8 - GRIEVANCE PROCEDURE Deputy District Attorneys’ Assn 6 2011-2013 MOU Retention or waiver of fees shall be governed by the same provisions as apply to jury duty. Employees shall advise their department as soon as possible if scheduled to appear for witness duty. Permanent-intermittent employees are entitled to paid witness duty only for those days on which they were previously scheduled to work. SECTION 8 - GRIEVANCE PROCEDURE 8.1 Definition and Procedural Steps. A grievance is any dispute which involves the interpretation or application of any provision of this MOU excluding, however, those provisions of this MOU which specifically provide that the decision of any County official shall be final. The interpretation or application of those provisions not being subject to the grievance procedure. Disciplinary action shall not be the subject of a grievance pursuant to this grievance procedure. An employee may choose to appeal disciplinary action through the Merit Board or by any other means available outside of this MOU. Grievances regarding promotions or claims of discrimination are not subject to the grievance procedure. The Association may represent the grievant at any stage of the process. Grievances must be filed within thirty (30) calendar days of the incident or occurrence about which the grievant claims to have a grievance and shall be processed in the following manner: Step 1. The Association and any employee or group of employees who believes that a provision of this MOU has been misinterpreted or misapplied to his or her detriment shall discuss the complaint with the grievant's immediate supervisor, who shall meet with the grievant within five (5) work days of receipt of a written request to hold such meeting. If a grievance is not satisfactorily resolved in Step 1 above, the grievant may submit the grievance in writing and request that a Board of Adjustment be convened, to such management official as the Department Head may designate. This request shall be filed no more than (10) ten days after the completion of Step 1. This formal written grievance shall state which provision of the MOU has been misinterpreted or misapplied, how misapplication or misinterpretation has affected the grievant to the grievant's detriment, and the redress he or she seeks. A copy of each written communication on a grievance shall be filed with the Director of Human Resources. The Department Head or his or her designee shall have ten (10) work days in which to respond to the grievance in writing. Step 2. BOARD OF ADJUSTMENT: Pursuant to a formal written request, as defined above, a Board of Adjustment shall be created to be composed of two (2) representatives of each party to this Agreement, for the purpose of passing on all claims, disputes and grievances arising between the parties during the term of SECTION 9 – WORK WEEK AND HOLIDAYS 7 Deputy District Attorneys’ Assn 2011-2013 MOU this MOU. Said Board shall meet for consideration of any such matter referred to it within seven (7) calendar days after receipt of said written request. For cases other than those which are disciplinary in nature, the convening of the Adjustment Board may be waived. The request of either party to extend the time limit for the convening of the Board of Adjustment due to extenuating circumstances will not be unreasonably denied. If the matter is not adjusted and is impassed, the moving party shall communicate in writing to the other party within twenty (20) business days following the meeting of the Board of Adjustment their desire to proceed to arbitration. Failure of the moving party to comply with the twenty (20) business day time limit herein specified shall be deemed to be a conclusive waiver of the grievance. Step 3. ARBITRATION: The parties will mutually select an impartial arbitrator. If the parties are unable to agree upon the selection of an arbitrator, they shall request a panel of arbitrators from the California State Mediation and Conciliation Service and they shall select an arbitrator by utilizing the strike-off method. Any fee for provision of a panel of arbitrators shall be split equally between the parties. Each party shall in good faith divulge to the other party all available material facts at the time said party acquires knowledge thereof concerning the matter in dispute. Nothing contained herein shall require either party to supply documents which are irrelevant. All jointly-incurred arbitration expenses shall be borne by the losing party. In the event of a dispute concerning the application of this Section, the Arbitrator shall be empowered to determine the allocation of expenses. 8.2 Compensation Claims. The Employer is not required to pay any wage claim or portion thereof retroactively for a period of more than six (6) months immediately prior to the date of the Employer’s receipt, of written notice from the Union, of such claim. 8.3 Strike or Work Stoppage. During the term of this MOU, the Association, its members and representatives, agree that it and they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, sick-out, or refusal to perform customary duties. 8.4 The arbitrator’s decision shall be final and binding. The arbitrator shall not have the right to alter, amend, delete or add to any of the terms of this Agreement. SECTION 9 – WORK WEEK AND HOLIDAYS 9.1 Holidays Observed. The County will observe the following holidays: SECTION 9 – WORK WEEK AND HOLIDAYS Deputy District Attorneys’ Assn 8 2011-2013 MOU New Year's Day Labor Day Martin Luther King Jr. Day Veterans' Day Presidents' Day Thanksgiving Day Memorial Day Day after Thanksgiving Day Independence Day Christmas Day Such other days as the Board of Supervisors may, by Resolution, designate as holidays. 9.2 Definitions. Regular Work Schedule: The regular work schedule is eight (8) hours per day, Monday through Friday, inclusive, for a total of forty (40) hours per week. Flexible Work Schedule: A flexible work schedule is when the employee is regularly scheduled to work other than eight (8) hours per day between Monday and Friday, inclusive. The 9/80 schedule and the 4/10 schedule are two examples of flexible work schedules. 9.3 Holidays Falling on Saturday/Sunday. Employees on regular, flexible, and alternate work schedules are entitled to observe a holiday (day off work), without a reduction in pay, whenever a holiday is observed by the County. Any holiday observed by the County that falls on a Saturday is observed on the preceding Friday and any holiday that falls on a Sunday is observed on the following Monday. 9.4 Holidays on Regular Day Off of Employees on Flexible and Alternate Work Schedules. When a holiday is observed by the County on the regularly scheduled day off of an employee who is on a flexible or alternate work schedule, the employee is entitled to take the day off, without a reduction in pay, in recognition of the holiday. The employee is also entitled to receive flexible compensatory time at the rate of 1.0 times his/her base rate of pay in recognition of his/her regularly scheduled day off. 9.5 Holidays - Part-Time Employees. Permanent, part-time employees are entitled to observe a holiday (day off work) in the same ratio as the number of hours in the part time employee's weekly schedule bears to forty (40) hours. 9.6 Personal Holiday Credit. Employees are entitled to accrue two (2) hours of personal holiday credit each month. This time is prorated for part time employees. No employee may accrue more than forty (40) hours of personal holiday credit. On separation from County service, employees are paid for any unused personal holiday credit hours at the employee's then current rate of pay, up to a maximum of forty (40) hours. SECTION 10 – VACATION LEAVE 9 Deputy District Attorneys’ Assn 2011-2013 MOU 9.7 Automated Time Keeping : The Association will meet and confer with the County regarding implementation of an Automated Time Keeping system for all County employees. SECTION 10 – VACATION LEAVE 10.1 Vacation Accrual Rates. Employees are entitled to accrue paid vacation credit not to exceed the maximum cumulative hours as follows: Monthly Maximum Length of Service Accural Hours Cumulative Hours Under 11 years 10 240 11 years 10-2/3 256 12 years 11-1/3 272 13 years 12 288 14 years 12-2/3 304 15 through 19 years 13-1/3 320 20 through 24 years 16-2/3 400 25 through 29 years 20 480 30 years and up 23-1/3 560 10.2 Vacation Allowance for Separated Employees. On separation from County service an employee shall be paid for any unused vacation credits at the employees then current pay rate. SECTION 11 – SICK LEAVE 11.1 Sick Leave. Employees are entitled to accrue paid sick leave credit in accordance with the provisions of the County Salary Regulations and Administrative Bulletin No. 411.7 (Sick Leave Policy) adopted on October 17, 1997, as periodically amended. 11.2 Part-Time Employees. Part-time employees are entitled to accrue paid vacation and sick leave credit on a pro-rata basis. SECTION 12 – LEAVE OF ABSENCE 12.1 Leave Without Pay. Any employee who has permanent status may be granted a leave of absence without pay upon written request, approved by the District Attorney. 12.2 General Administration – Leave of Absence. Requests for leave without pay shall be made upon forms prescribed by the Director of Human Resources SECTION 11 – SICK LEAVE Deputy District Attorneys’ Assn 10 2011-2013 MOU and shall state specfically the reason for the request, the date when it is desired to begin the leave, and the probable date of return. A. Leave without pay may be granted for any of the following reasons: 1. Illness or disability 2. Pregnancy 3. Parental 4. To engage in a course of study which will increase the emplolyee’s skills upon return to the position. 5. For other reasons or circumstance acceptable to the District Attorney. B. An employee must request family care leave at least thirty (30) days before the leave is to begin if the reason for the leave if foreseeable. If the need is not forseeable, the employee must provide written notice to the employer within five (5) days of learning of the event by which the need for the family care leave arises. C. A leave with pay may be for a period not to exceed one (1) year. 12.3 Family Care Leave or Medical Leave. Upon request to the District Attorney, in a rolling twelve (12) month period measured backward from the date the employee uses his/her FMLA leave, any employee who has permanent status shall be entitled to at least twelve (12) weeks leave (less if so requested by the employee) for: A. Medical leave of absence for the employee's own serious health condition which makes the employee unable to perform the functions of the employee's position; or B. Family care leave of absence without pay for reason of the birth of a child of the employee, the placement of a child with an employee in connection with the adoption or foster care of the child by the employee, or the serious illness or health condition of a child, parent, spouse, or domestic partner of the employee. 12.4 Certification. The employee may be asked to provide certification of the need for family care leave or medical leave. Additional period(s) of family care or medical leave may be granted by the appointing authority. SECTION 11 – SICK LEAVE 11 Deputy District Attorneys’ Assn 2011-2013 MOU 12.5 Intermittent Use of Leave. The twelve (12) week entitlement may be used intermittently on a regular or irregular basis, or may include reduced work schedules depending on the specific circumstances and situations surrounding the request for leave. The twelve (12) weeks may include use of appropriate available paid leave accruals when accruals are used to maintain pay status. When paid leave accruals are used for a medical or family care leave, such time shall be counted as a part of the twelve (12) week entitlement. 12.6 Aggregate Use for Spouse. In the situation where husband and wife are both employed by the County, the family care of medical leave entitlement based on the birth, adoption or foster care of a child is limited to an aggregate for both employees together of twelve (12) weeks during a “rolling” twelve (12) month period measured backward from the date the employee uses his/her FMLA leave. Employees requesting family care leave are required to advise their appointing authority(ies) when their spouse is also employed by the County. 12.7 Definitions. For medical and family care leaves of absence under this section, the following definitions apply: A. Child: A biological, adopted, or foster child, stepchild, legal ward, conservatee or a child who is under eighteen (18) years of age for whom an employee stands in loco parentis or for whom the employee is the guardian or conservator, or an adult dependent child of the employee. B. Parent: A biological, foster, or adoptive parent, a step-parent, legal guardian, conservator, or other person standing in loco parentis to a child. C. Spouse: A partner in marriage as defined in California Civil Code Section 4100. D. Domestic Partner: An unmarried person, eighteen (18) years or older, to whom the employee is not related and with whom the employee resides and shares the common necessities of life. E. Serious Health Condition: An illness, injury, impairment, or physical or mental condition which warrants the participation of a family member to provide care during a period of treatment or supervision and involves either inpatient care in a hospital, hospice or residential health care facility or continuing treatment or continuing supervision by a health care provider (e.g. physician or surgeon) as defined by State and Federal law. F. Certification for Family Care Leave: A written communication to the employer from a health care provider of a person for whose care the leave is being taken which need not identify the serious health condition involved, but shall contain: SECTION 13 - HEALTH, LIFE & DENTAL CARE Deputy District Attorneys’ Assn 12 2011-2013 MOU 1. the date, if known, on which the serious health condition commenced; 2. the probable duration of the condition; 3. an estimate of the amount of time which the employee needs to render care or supervision; 4. a statement that the serious health condition warrants the participation of a family member to provide care during period of treatment or supervision; 5. if for intermittent leave or a reduced work schedule leave, the certification should indicate that the intermittent leave or reduced leave schedule is necessary for the care of the individual or will assist in their recovery, and its expected duration. G. Certification for Medical Leave: A written communication from a health care provider of an employee with a serious health condition or illness to the employer, which need not identify the serious health condition involved, but shall contain: 1. the date, if known, on which the serious health condition commenced; 2. the probable duration of the condition; 3. a statement that the employee is unable to perform the functions of the employee's job; 4. if for intermittent leave or a reduced work schedule leave, the certification should indicate the medical necessity for the intermittent leave or reduced leave schedule and its expected duration. H. Comparable Positions: A position with the same or similar duties and pay which can be performed at the same or similar geographic location as the position held prior to the leave. Ordinarily, the job assignment will be the same duties in the same program area located in the same city, although specific clients, caseload, co-workers, supervisor(s), or other staffing may have changed during an employee's leave. SECTION 13 - HEALTH, LIFE & DENTAL CARE SECTION 13 - HEALTH, LIFE & DENTAL CARE 13 Deputy District Attorneys’ Assn 2011-2013 MOU 13.1 Health Plan Coverages: The County will provide the medical and dental coverage for permanent employees regularly scheduled to work twenty (20) hours or more per week and for their eligible family members, expressed in one of the Health Plan contracts and one of the Dental Plan contracts between the County and the following providers: 1. Contra Costa Health Plans (CCHP) 2. Kaiser Permanente Health Plan 3. Health Net 4. Delta Dental 5. DeltaCare (PMI) Employee Co-pays for these plans are as shown on Appendix A. 13.2 Monthly Premium Subsidy: A. For each health and/or dental plan, the County’s monthly premium subsidy is a set dollar amount and is not a percentage of the premium charged by the plan. The County will pay the following monthly premium subsidy: 1. Contra Costa Health Plans (CCHP), Plan A Single: $ 509.92 Family: $1,214.90 2. Contra Costa Health Plans (CCHP), Plan B Single: $528.50 Family: $1,255.79 3. Kaiser Permanente Health Plan Single: $478.91 Family: $1,115.84 4. Health Net HMO Single: $627.79 Family: $1,540.02 5. Health Net PPO Single: $604.60 Family: $1,436.25 6. Delta Dental with CCHP A or B Single: $41.17 Family: $93.00 7. Delta Dental with Kaiser or Health Net Single: $34.02 SECTION 13 - HEALTH, LIFE & DENTAL CARE Deputy District Attorneys’ Assn 14 2011-2013 MOU Family: $76.77 8. Delta Dental without a Health Plan Single: $43.35 Family: $97.81 9. DeltaCare (PMI) with CCHP A or B Single: $25.41 Family: $54.91 10. DeltaCare (PMI) with Kaiser or Health Net Single: $21.31 Family: $46.05 11. DeltaCare (PMI) without a Health Plan Single: $27.31 Family: $59.03 B. If the County contracts with a health or dental plan that is not listed above, the County will determine the monthly dollar premium subsidy that it will pay to that health plan for employees and their eligible family members. C. In the event that the County premium subsidy amounts are greater than one hundred percent (100%) of the applicable premium of any health or dental plan, for any plan year, the County’s contribution will not exceed one hundred percent (100%) of the applicable plan premium. 13.3 Retirement Coverage: A. Upon Retirement: 1. Upon retirement and for the term of this agreement, eligible employees and their eligible family members may remain in their County health/dental plan, but without County-paid life insurance coverage, if immediately before their proposed retirement the employees and dependents are either active subscribers to one of the County contracted health/dental plans or if while on authorized leave of absence without pay, they have retained continuous coverage during the leave period. The County will pay the Heath/Dental monthly premium subsidies for eligible retirees and their eligible family members set forth in subsection 13.2(Monthly Premium Subsidy). SECTION 13 - HEALTH, LIFE & DENTAL CARE 15 Deputy District Attorneys’ Assn 2011-2013 MOU 2. Any person who becomes age 65 on or after December 14, 2010, and who is eligible for Medicare must immediately enroll in Medicare Parts A and B. 3. For employees hired on or after December 14, 2010, and their eligible family members, no monthly premium subsidy will be paid by the County for any health or dental plan after they separate from County employment. However, any such eligible employee who retires under the Contra Costa County Employees’ Retirement Association (“CCCERA”) may retain continuous coverage of a county health or dental plan provided that (i) he or she begins to receive a monthly retirement allowance from CCCERA within one hundred twenty (120) days of separation from County employment and (ii) he or she pays the full premium cost under the health or dental plan without any County premium subsidy. B. Employees Who File For Deferred Retirement. Employees, who resign and file for a deferred retirement and their eligible family members, may continue in their County group health and dental plan under the following conditions and limitations. 1. Health and dental coverage during the deferred retirement period is totally at the expense of the employee, without any County contributions. 2. Life insurance coverage is not included. 3. To continue health and dental coverage, the employee must: a. be qualified for a deferred retirement under the 1937 Retirement Act provisions; b. be an active member of a County group health and/or dental plan at the time of filing their deferred retirement application and elect to continue plan benefits; c. be eligible for a monthly allowance from the Retirement System and direct receipt of a monthly allowance within twenty-four (24) months of application for deferred retirement; and d. file an election to defer retirement and to continue health benefits hereunder with the County Benefits Division within thirty (30) days before separation from County service. SECTION 13 - HEALTH, LIFE & DENTAL CARE Deputy District Attorneys’ Assn 16 2011-2013 MOU 4. Deferred retirees who elect continued health benefits hereunder and their eligible family members may maintain continuous membership in their County health and/or dental plan group during the period of deferred retirement by paying the full premium for health and dental coverage on or before the 10th of each month, to the Contra Costa County Auditor-Controller. When the deferred retirees begin to receive retirement benefits, they will qualify for the same health and/or dental plan coverage pursuant to Subsection 13.3 (Retirement Coverage) paragraph A as similarly situated retirees who did not defer retirement are entitled. 5. Deferred retirees may elect health benefits hereunder without electing to maintain participation in their County health and/or dental plan during their deferred retirement period. When the deferred retirees begin to receive retirement benefits, they will qualify for the same health and/or dental coverage pursuant to Subsection 13.3 (Retirement Coverage) paragraph A as similarly situated retirees who did not defer retirement, provided reinstatement to a County group health and/or dental plan will only occur following a three (3) full calendar month waiting period after the month in which their retirement allowance commences. 6. Employees who elect deferred retirement will not be eligible in any event for County health or dental plan subvention unless the member draws a monthly retirement allowance within twenty-four (24) months after separation from County service. 7. Deferred retirees and their eligible family members are required to meet the same eligibility provisions for health/dental coverage as similarly situated retirees who did not defer retirement. C. Employees Hired After December 31, 2006 - Eligibility for Retiree Health Coverage: All employees hired after December 31, 2006 are eligible for retiree health/dental coverage pursuant to subsection 13.3 (Retirement Coverage) paragraphs (A) and (B), above, upon completion of fifteen (15) years of service as an employee of Contra Costa County. For purposes of retiree health eligibility, one (1) year of service is defined as one thousand (1,000) hours worked within one anniversary year. The existing method of crediting service while an employee is on an approved leave of absence will continue for the duration of this Agreement. D. Subject to the provisions of subsection 13.3 (Retirement Coverage) paragraphs A, B, and C and upon retirement, the following employees (and their eligible family members) are eligible to receive a monthly premium subsidy for health and dental plans or are eligible to retain continuous coverage of such plans: employees, and each employee who SECTION 13 - HEALTH, LIFE & DENTAL CARE 17 Deputy District Attorneys’ Assn 2011-2013 MOU retires from a position or classification that was represented by this bargaining unit at the time of his or her retirement. E. For purposes of this subsection 13.3 (Retirement Coverage) only, “eligible family members” does not include Survivors of employees or retirees. 13.4 Health Plan Coverages and Provisions. The following provisions are applicable regarding County Health and Dental Plan participation: A. Health, Dental and Life Participation by Other Employees: Permanent part-time employees working nineteen (19) hours per week or less may participate in the County Health or Dental plans (with the associated life insurance benefit) at the employee’s full expense. B. Coverage Upon Separation: An employee who separates from County employment is covered by his/her County health and/or dental plan through the last day of the month in which he/she separates. Employees who separate from County employment may continue group health and/or dental plan coverage to the extent provided by the COBRA laws and regulations. 13.5 Family Member Eligibility Criteria: The following persons may be enrolled as the eligible Family Members of a medical or dental plan Subscriber: A. Health Insurance 1. Eligible Dependents: a. Employee’s Legal Spouse b. Employee’s qualified domestic partner c. Employee’s child to age 26 d. Employee’s Disabled Child who is: (1) over age 26, i. Unmarried; and, ii. Incapable of sustaining employment due to a physical or mental disability that existed prior to the child’s attainment of age 19. 2. “Employee’s child” includes natural child, child of a qualified domestic partner, step-child, adopted child and a child specified in a Qualified Medical Child Support Order (QMCSO) or similar court order. B. Dental Insurance SECTION 13 - HEALTH, LIFE & DENTAL CARE Deputy District Attorneys’ Assn 18 2011-2013 MOU 1. Eligible Dependents: a. Employee’s Legal Spouse b. Employee’s qualified domestic partner c. Employee’s unmarried child who is: (1) Under age 19; or (2) Age 19, or above, but under age 24; and, i. Resides with the Employee for more than 50% of the year excluding time living at school; and, ii. Receives at least 50% of support from Employee; and, iii. Is enrolled and attends school on a full-time basis, as defined by the school. d. Employee’s Disabled Child who is: (1) Over age 19, i. Unmarried; and, ii. Incapable of sustaining employment due to a physical or mental disability that existed prior to the child’s attainment of age 19. 2. “Employee’s child” includes natural child, child of a qualified domestic partner, step-child, adopted child and a child specified in a Qualified Medical Child Support Order (QMCSO) or similar court order. 13.6 Dual Coverage. A. Each employee and retiree may be covered only by a single County health (or dental) plan, including a CalPERS plan. For example, a County employee may be covered under a single County health and/or dental plan as either the primary insured or the dependent of another County employee or retiree, but not as both the primary insured and the dependent of another County employee or retiree. B. All dependents as defined in Section 13.5 Family Member Eligibility Criteria, may be covered by the health and/or dental plan of only one spouse or one domestic partner. For example, when both husband and wife are County employees, all of their eligible children may be covered as dependents of either the husband or the wife, but not both. C. For purposes of this subsection 13.6 (Dual Coverage) only, “County” includes the County of Contra Costa and all special districts governed by the Board of Supervisors, including, but not limited to, the Contra Costa County Fire Protection District. SECTION 13 - HEALTH, LIFE & DENTAL CARE 19 Deputy District Attorneys’ Assn 2011-2013 MOU 13.7 Life Insurance Benefit Under Health and Dental Plans. For employees who are enrolled in the County’s program of medical or dental coverage as either the primary or the dependent, term life insurance in the amount of ten thousand dollars ($10,000) will be provided by the County. For Deputy District Attorneys, additional Group Term Life Insurance in the amount of forty-five thousand dollar ($45,000) will be provided by the County. 13.8 Supplemental Life Insurance. In addition to the life insurance benefits provided by this agreement, employees may subscribe voluntarily and at their own expense for supplemental life insurance. Employees may subscribe for an amount not to exceed five hundred thousand dollars ($500,000), of which one hundred thousand ($100,000) is a guaranteed issue, provided the election is made within the required enrollment periods. 13.9 Health Care Spending Account. After six (6) months of permanent employment, full and part-time (20/40 or greater) employees may elect to participate in a Health Care Spending Account (HCSA) Program designated to qualify for tax savings under Section 125 of the Internal Revenue Code, but such savings are not guaranteed. The HCSA Program allows employees to set aside a predetermined amount of money from their pay, not to exceed the maximum amount authorized by federal law, per calendar year, of before tax dollars, for health care expenses not reimbursed by any other health benefit plans. HCSA dollars may be expended on any eligible medical expenses allowed by Internal Revenue Code Section 125. Any unused balance is forfeited and cannot be recovered by the employee. 13.10 PERS Long-Term Care. The County will deduct and remit monthly premiums to the PERS Long-Term Care Administrator for employees who are eligible and voluntarily elect to purchase long-term care at their personal expense through the PERS Long-Term Care Program. 13.11 Dependent Care Assistance Program. The County offers the option of enrolling in a Dependent Care Assistance Program (DCAP) designed to qualify for tax savings under Section 129 of the Internal Revenue Code, but such savings are not guaranteed. The program allows employees to set aside a predetermined amount of annual salary not to exceed the lesser of either five thousand dollars ($5,000) or the maximum amount authorized by federal law, per calendar year, of before tax dollars to pay for eligible dependent care (child and elder care) expenses. Any unused balance is forfeited and cannot be recovered by the employee. 13.12 Premium Conversion Plan. The County offers the Premium Conversion Plan (PCP) designed to qualify for tax savings under Section 125 of the Internal Revenue Code, but tax savings are not guaranteed. The program allows employees to use pre-tax dollars to pay health and dental premiums. SECTION 14 – CATASTROPHIC LEAVE BANK Deputy District Attorneys’ Assn 20 2011-2013 MOU 13.13 Prevailing Section. To the extent that any provision of this Section 13 (Health, Life and Dental Care) is inconsistent with any provision of any other County enactment or policy, including but not limited to Administrative Bulletins, the Salary Regulations, the Personnel Management Regulations, or any other agreement or order of the Board of Supervisors, the provision(s) of this Section 13 (Health, Life and Dental Care) will prevail. 13.14 Rate Information. The County Benefits Division will make health and dental plan rate information available upon request to employees and departments. In addition, the County Benefits Division will publish and distribute to employees and departments information about rate changes as they occur during the year. 13.15 Partial Month. The County's contribution to the health plan premium is payable for any month in which the employee is paid. If an employee is not paid enough compensation in a month to pay the employee share of the premium, the employee must make up the difference by remitting the amount delinquent to the Auditor-Controller. The responsibility for this payment rests with the employee. If payment is not made, the employee shall be dropped from the health plan. 13.16 Coverage During Absences. Employees shall be allowed to maintain their health plan coverage at the County group rate for twelve (12) months if on approved leave of absence provided that the employee shall pay the entire premium (i.e. both employer and employee share) for the health plan during said leave. Said payment shall be made by the employee at a time and place specified by the County. Late payment shall result in cancellation of health plan coverage. An employee on leave in excess of twelve (12) months may continue group coverage subject to the provisions of the Consolidated Omnibus Budget Reconciliation Act (COBRA) provided the employee pays the entire cost of coverage, plus any administrative fees, for the option selected. The entire cost of coverage shall be paid at a place and time specified by the County. Late payment may result in cancellation of health plan coverage with no reinstatement allowed. 13.17 Child Care. The County will continue to support the concept of non-profit child care facilities similar to the “Kid’s at Work” program established in the Public Works Department. SECTION 14 – CATASTROPHIC LEAVE BANK 14.1 Program Design. All employees are included in the Catastrophic Leave Bank and may designate a portion of accrued vacation, compensatory time, holiday compensatory time, or personal holiday credit to be deducted from the SECTION 14 – CATASTROPHIC LEAVE BANK 21 Deputy District Attorneys’ Assn 2011-2013 MOU donor's existing balances and credited to the bank or to a specific eligible employee. A. The County Human Resources Department operates a Catastrophic Leave Bank which is designed to assist any County employee who has exhausted all paid accruals due to a serious or catastrophic illness, injury, or condition of the employee or family member. The program establishes and maintains a Countywide bank wherein any employee who wishes to contribute may authorize that a portion of his/her accrued vacation, compensatory time, holiday compensatory time or personal holiday credit be deducted from those account(s) and credited to the Catastrophic Leave Bank. Employees may donate hours either to a specific eligible employee or to the bank. Upon approval, credits from the Catastrophic Leave Bank may be transferred to a requesting employee's sick leave account so that employee may remain in paid status for a longer period of time, thus partially ameliorating the financial impact of the illness, injury or condition. Catastrophic illness or injury is defined as a critical medical condition, a long-term major physical impairment or disability that manifests itself during employment. B. The plan is administered under the direction of the Director of Human Resources. The Human Resources Department is responsible for receiving and recording all donations of accruals and for initiating transfer of credits from the Bank to the recipient's sick leave account. Disbursement of accruals is subject to the approval of a six (6) member committee composed of three (3) members appointed by the County Administrator and three (3) members appointed by the majority representative employee organizations. The committee will meet as necessary to consider all requests for credits and will make determinations as to the appropriateness of the request. The committee will determine the amount of accruals to be awarded for employees whose donations are non-specific. Consideration of all requests by the committee will be on an anonymous requester basis. C. Hours transferred from the Catastrophic Leave Bank to a recipient will be in the form of sick leave accruals and will be treated as regular sick leave accruals. D. To receive credits under this plan, an employee must have permanent status, have exhausted all time off accruals to a level below eight (8) hours total, have applied for a medical leave of absence, and have medical verification of need. E. Donations are irrevocable unless the donation to the eligible employee is denied. Donations may be made in hourly blocks with a minimum donation of not less than four (4) hours from balances in the vacation, holiday, SECTION 15 – TRAVEL REIMBURSEMENT Deputy District Attorneys’ Assn 22 2011-2013 MOU personal holiday, compensatory time or holiday compensatory time accounts. Employees who elect to donate to a specific individual will have seventy-five percent (75%) of their donation credited to the individual and twenty-five percent (25%) credited to the Catastrophic Leave Bank. F. Time donated will be converted to a dollar value and the dollar value will be converted back to sick leave accruals at the recipient's base hourly rate when disbursed. Credits will not be on a straight hour-for-hour basis. All computations will be on a standard 173.33 basis, except that employees on other than a forty (40) hour week will have hours prorated according to their status. G. Each recipient is limited to a total of one thousand forty (1040) hours or its equivalent per catastrophic event; each donor is limited to one hundred twenty (120) hours per calendar year. H. All appeals from either a donor or recipient will be resolved on a final basis by the Director of Human Resources. I. No employee has any entitlement to catastrophic leave benefits. The award of Catastrophic Leave is at the sole discretion of the committee, both as to amounts of benefits awarded and as to persons awarded benefits. Benefits May be denied, or awarded for less than six (6) months. The committee may limit benefits in accordance with available contributions and choose from among eligible applicants on an anonymous basis those who will receive benefits, except for hours donated to a specific employee. In the event a donation is made to a specific employee and the committee determines the employee does not meet the Catastrophic Leave Bank criteria, the donating employee may authorize the hours to be donated to the bank or returned to the donor's account. The donating employee has fourteen (14) calendar days from notification to submit his/her decision regarding the status of their donation, or the hours will be irrevocably transferred to the Catastrophic Leave Bank. J. Any unused hours transferred to a recipient will be returned to the Catastrophic Leave Bank. SECTION 15 – TRAVEL REIMBURSEMENT The County will pay a mileage allowance for the use of personal vehicles on County business at the rate allowed by the Internal Revenue Service (IRS) as a tax deductible expense, adjusted to reflect changes in this rate on the date it becomes effective or the first of the month following announcement of the SECTION 15 – TRAVEL REIMBURSEMENT 23 Deputy District Attorneys’ Assn 2011-2013 MOU changed rate by the IRS, whichever is later. This section will be administered in accordance with Administrative Bulletin 111.7. SECTION 16 – RETIREMENT 16.1 Contribution. Effective on April 1, 2012 employees are responsible for the payment of one hundred percent (100%) of the employees’ basic retirement benefit contributions determined annually by the Board of Retirement of the Contra Costa County Employees’ Retirement Association, without the County paying any part of the employees’ contribution. Employees are also responsible for the payment for the employee’s contributions to the retirement cost of living program as determined annually by the Board of Retirement, without the County paying any part of the employees’ contributions. The County is responsible for one hundred percent (100%) of the employer’s retirement contributions determined annually by the Board of Retirement. 16.2 414H2 Participation. The County will continue to implement Section 414(h) (2) of the Internal Revenue Code which allows the County Auditor-Controller to reduce the gross monthly pay of employees by an amount equal to the employee's total contribution to the County Retirement System before Federal and State income taxes are withheld, and forward that amount to the Retirement system. This program of deferred retirement contribution will be universal and non-voluntary as is required by statute. 16.3 Tier IV Retirement Plan- Employees Hired or Re-Hired After December 31, 2012. A. For employees hired by the County after December 31, 2012, the retirement formula will be two percent at sixty years of age ("2% at 60"). The cost of living adjustment to the retirement allowance will not exceed two percent (2%) per year, and the cost of living adjustment will be banked. The employee's final compensation will be based on his/her average annual compensation earnable during a consecutive thirty-six (36) month period elected by the employee. On the employee’s retirement date, the employee's retirement allowance will not exceed ninety percent (90%) of his/her final compensation. This retirement benefit will be known as "Tier IV." B. The disability provisions for Tier IV will be the same as the current Tier III disability provisions. C. Employees who left County service prior to December 31, 2012 and are rehired after that date shall be automatically placed in Tier IV unless otherwise required by law. SECTION 17 – PROFESSIONAL EXPENSES Deputy District Attorneys’ Assn 24 2011-2013 MOU D. The County will seek enabling legislation amending the County Employees Retirement Law of 1937 to close Tier III to all persons hired after December 31, 2012 and to create Tier IV, which will be applicable to all persons hired after that date. The Union must support the legislation, in addition to the County. SECTION 17 – PROFESSIONAL EXPENSES 17.1 The County shall reimburse each Deputy District Attorney up to a maximum of six hundred dollars ($600) for each fiscal year for the following types of expenses: membership dues in legal, professional associations; purchase of legal publications; legal on-line computer services; and training and travel costs for educational courses related to the duties of a Deputy District Attorney; and software and hardware from a standardized County approved list or with Department Head approval. Each Deputy District Attorney agrees to comply with the provisions of the Computer Use and Security Policy adopted by the Board of Supervisors. Certification regarding compliance with the County’s Computer Use and Security Policy may be required. The reimbursement of training expenses includes books and is governed by any Administrative Bulletins on Travel or Training. Each professional development reimbursement request must be approved by the Department Head and submitted through the regular demand process. Demands must be accompanied by proof of payment (copy of invoice or receipt). Any unused accrual may be carried forward to the next fiscal year up to eight hundred dollars ($800). The County shall reimburse each Deputy District Attorney for California State Bar membership dues (but not penalty fees) and for criminal specialization fees. To be eligible, one must be employed by the Deputy District Attorney with the Contra Costa County District Attorney’s Office as of January 1 of the calendar year for which reimbursement is requested. SECTION 18 – BILINGUAL PAY DIFFERENTIAL A monthly salary differential will be paid to incumbents of positions requiring bilingual proficiency as designated by the Appointing Authority and the Director of Human Resources. The differential will be prorated for employees working less than full time and/or on an unpaid leave of absence during any given month. The differential is one hundred dollars ($100.00) per month. SECTION 19 – WORKERS’ COMPENSATION 25 Deputy District Attorneys’ Assn 2011-2013 MOU Designation of positions for which bilingual proficiency is required is the sole prerogative of the County, and such designations may be amended or deleted at any time. SECTION 19 – WORKERS’ COMPENSATION A permanent non-safety employee shall continue to receive the appropriate percent of regular monthly salary for all accepted claims filed before January 1, 2000. For all accepted claims filed with the County on or after January 1, 2000, the percentage of pay for employees entitled to Workers’ Compensation shall be decreased from eighty-seven percent (87%) to eighty-six percent (86%). For all accepted claims filed with the County on or after January 1, 2007, the percentage of regular monthly salary for employees entitled to Workers’ Compensation shall be decreased from eighty-six percent (86%) to eighty percent (80%). For all accepted claims filed with the County on or after January 1, 2008, the percentage of regular monthly salary for employees entitled to Workers’ Compensation shall be decreased from eighty percent (80%) to seventy-five percent (75%). If Workers’ Compensation becomes taxable, the County agrees to restore the original benefit level (100% of monthly salary) and the parties shall meet and confer with respect to funding the increased cost. A. Waiting Period. There is a three (3) calendar day waiting period before Workers' Compensation benefits commence. If the injured worker loses any time on the day of injury, that day counts as day one (1) of the waiting period. If the injured worker does not lose time on the date of injury, the waiting period will be the first three (3) calendar days the employee does not work as a result of the injury. The time the employee is scheduled to work during this waiting period will be charged to the employee's sick leave and/or vacation accruals. In order to qualify for Workers' Compensation the employee must be under the care of a physician. Temporary compensation is payable on the first three (3) days of disability when the injury necessitates hospitalization, or when the disability exceeds fourteen (14) days. B. Continuing Pay. Permanent employees shall continue to receive the appropriate percentage as outlined above of their regular monthly salary during any period of compensable temporary disability not to exceed one year. Payment of continuing pay and/or temporary disability compensation shall be made in accordance with Part 2, Article 3 of the Workers’ Compensation Laws of California. "Compensable temporary disability absence" for the purpose of this Section, is any absence due to work connected disability which qualifies for temporary disability compensation under Workers' Compensation Law set forth in Part 2, Article 3 of the Workers’ Compensation Laws of California.. When any disability becomes medically permanent and stationary and/or maximum medical SECTION 19 – WORKERS’ COMPENSATION Deputy District Attorneys’ Assn 26 2011-2013 MOU improvement, the salary provided in this Section shall terminate. No charge shall be made against sick leave or vacation for these salary payments. Sick leave and vacation rights shall not accrue for those periods during which continuing pay is received. The County contribution to the employee’s group medical plan shall continue during any period of compensable temporary disability absence. Employees shall be entitled to a maximum of one (1) year of continuing pay benefits for any one (1) injury or illness. C. Continuing pay begins at the same time that temporary Workers' Compensation benefits commence and continues until either the member is declared medically permanent/stationary and/or reaches maximum medical improvement, or until one (1) year of continuing pay, whichever comes first, provided the employee remains in an active employed status. Continuing pay is automatically terminated on the date an employee is separated from County service by resignation, retirement, layoff, or the employee is no longer employed by the County. In these instances, employees will be paid Workers’ Compensation benefits as prescribed by Workers’ Compensation laws. All continuing pay will be cleared through the County Administrator's Office, Risk Management Division. Whenever an employee who has been injured on the job and has returned to work is required by an attending physician to leave work for treatment during working hours the employee shall be allowed time off up to three (3) hours for such treatment without loss of pay or benefits provided the employee notifies his supervisor of the appointment at least three (3) working days prior to the appointment or as soon as the employee aware the appointment has been made. Said visits are to be scheduled contiguous to either the beginning or end of the scheduled work day whenever possible. This provision applies only to injuries/illnesses that have been accepted by the County as work related. D. Applicable Pay Beyond One Year. If an injured employee remains eligible for temporary disability beyond one (1) year, applicable salary will continue by integrating sick leave and/or vacation accruals with Workers' Compensation benefits. If salary integration is no longer available, Workers' Compensation benefits will be paid directly to the employee as prescribed by Workers' Compensation laws. E. Rehabilitation Integration. An injured employee who is eligible for Workers' Compensation Rehabilitation Temporary Disability benefits and whose disability is medically permanent and stationary and/or reaches maximum medical improvement, will continue to receive applicable salary by integrating sick leave and/or vacation accruals with Workers' SECTION 20 – LONGEVITY PAY 27 Deputy District Attorneys’ Assn 2011-2013 MOU Compensation Rehabilitation Temporary Disability benefits until those accruals are exhausted. Thereafter, the Rehabilitation Temporary Disability benefits will be paid directly to the employee. F. Health Insurance. The County contribution to the employee's group insurance plan(s) continues during the continuing pay period and during integration of sick leave or vacation with Workers' Compensation benefits. G. Method of Integration. An employee's sick leave and/or vacation charges shall be calculated as follows: C = 8 [1 - (W ÷ S)] C = Sick leave or vacation charge per day (in hours) W = Statutory Workers' Compensation for a month S = Monthly salary SECTION 20 – LONGEVITY PAY A. Longevity Differential. Permanent, full-time and part-time employees who have completed ten (10) years of Contra Costa County service will receive a two percent (2.5%) longevity differential effective on the first day of the month following the month in which the employee qualifies for the ten (10) year service award. B. Longevity Differential. Permanent, full-time and part-time employees who have completed fifteen (15) years of Contra Costa County service will receive a two percent (2.5%) longevity differential effective on the first day of the month following the month in which the employee qualifies for the fifteen (15) year service award. C. Longevity Differential. Permanent, full-time and part-time employees who have completed twenty (20) years of Contra Costa County service will receive a two percent (2%) longevity differential effective on the first day of the month following the month in which the employee qualifies for the twenty (20) year service award. For those employees who completed twenty (20) years of service on or before April 1, 2012, this longevity differential will be paid prospectively only from April 1, 2012. SECTION 21 – DEFERRED COMPENSATION INCENTIVE A. The County will contribute sixty dollars ($60) per month to each employee who participates in the County’s Deferred Compensation Plan. To be SECTION 21 – DEFERRED COMPENSATION INCENTIVE Deputy District Attorneys’ Assn 28 2011-2013 MOU eligible for this Deferred Compensation Incentive, the employee must contribute to the deferred compensation plan as indicated below. Employees with Current Monthly Salary of: Qualifying Base Contribution Amount Monthly Contribution Required to Maintain Incentive Program Eligibility $2,500 and below $2,501 – 3,334 $3,335 – 4,167 $4,168 – 5,000 $5,001 – 5,834 $5,835 – 6,667 $6,668 and above $250 $500 $750 $1,000 $1,500 $2,000 $2,500 $50 $50 $50 $50 $100 $100 $100 Employees who discontinue contributions or who contribute less than the required amount per month for a period of one (1) month or more will no longer be eligible for the sixty dollar ($60) Deferred Compensation Incentive. To reestablish eligibility, employees must again make a Base Contribution Amount as set forth above based on current monthly salary. Employees with a break in deferred compensation contributions either because of an approved medical leave or an approved financial hardship withdrawal will not be required to reestablish eligibility. Further, employees who lose eligibility due to displacement by layoff, but maintain contributions at the required level and are later employed in an eligible position, will not be required to reestablish eligibility. B. Special Benefit for Permanent Employees Hired on and after January 1, 2011: 1. Beginning on April 1, 2011 and for the term of this Agreement, the County will contribute one hundred and fifty dollars ($150) per month to an employee’s account in the Contra Costa County Deferred Compensation Plan, or other tax-qualified savings program designated by the County, for employees who meet all of the following conditions: a. The employee must be hired by Contra Costa County on or after January 1, 2011. b. The employee must be appointed to a permanent position. The position may be either full time or part time, but if it is part time, it must be designated, at a minimum, as 20 hours per week. SECTION 22 – ANNUAL ADMINISTRATIVE LEAVE 29 Deputy District Attorneys’ Assn 2011-2013 MOU c. The employee must have been employed by Contra Costa County for at least 90 calendar days. d. The employee must contribute a minimum of twenty-five dollars ($25) per month to the Contra Costa County Deferred Compensation Plan, or other tax-qualified savings program designated by the County. e. The employee must complete and sign the required enrollment form(s) for his/her deferred compensation account and submit those forms to the Human Resources Department, Employee Benefits Services Unit. f. The employee may not exceed the annual maximum contribution amount allowable by the United States Internal Revenue Code. C. No Cross Crediting: The amounts contributed by the employee and the County pursuant to Subsection B do not count towards the “Qualifying Base Contribution Amount” or the “Monthly Contribution Required to Maintain Incentive Program Eligibility” in Subsection A. Similarly, the amounts contributed by the employee and the County pursuant to Subsection A do not count towards the employee’s $25 per month minimum contribution required by Subsection B. D. Maximum Annual Contribution: All of the employee and County contributions set forth in Subsections A and B will be added together to ensure that the annual maximum contribution to the employee’s deferred compensation account does not exceed the annual maximum contribution rate set forth in the United States Internal Revenue Code. SECTION 22 – ANNUAL ADMINISTRATIVE LEAVE A. On January 1st of each year, full-time employees’ in paid status and in the classifications of District Attorney – Basic Level, Deputy District Attorney – Advanced, and Deputy District Attorney Fixed Term will be credited with ninety four (94) hours of paid Administrative Leave. Employees appointed after July 1st will be credited for forty seven (47) hours of annual administrative leave on the first succeeding January 1st and will be credited for ninety four (94) hours annually thereafter. Annual Administrative leave must be used during the calendar year in which it is credited and any unused hours may not be carried forward. B. Permanent part-time employees are eligible for administrative leave on a prorated basis, based upon their position hours. Permanent-intermittent employees are not eligible for administrative leave. SECTION 23 – VACATION BUY-BACK Deputy District Attorneys’ Assn 30 2011-2013 MOU C. Employees appointed (hired or promoted) are eligible for administrative leave on the first day of the month following their appointment date and will receive annual administrative leave in accordance with subsection A., above. SECTION 23 – VACATION BUY-BACK A. For Employees Hired Before January 1, 2012: District Attorney – Basic Level, Deputy District Attorney – Advanced, and Deputy District Attorney Fixed Term, may elect payment of up to one-third (1/3) of their annual vacation accrual, subject to the following conditions: (1) the choice can be made only once in each calendar year; (2) payment is based on an hourly rate determined by dividing the employee's monthly salary by 173.33; and (3) the maximum number of vacation hours that may be paid in any calendar year is one-third (1/3) of the annual accrual. Where a lump-sum payment is made to employees as a retroactive general salary adjustment for a portion of a calendar year that is subsequent to the exercise by an employee of the vacation buy-back provision herein, that employee's vacation buy-back will be adjusted to reflect the percentage difference in base pay rates upon which the lump sum payment was computed, provided that the period covered by the lump-sum payment includes the effective date of the vacation buy-back. B. For Employees Hired On and After January 1, 2012: Employees promoted or hired by the County into any classification represented by the Deputy District Attorneys Association on and after January 1, 2012, are not eligible for the Vacation Buy-Back benefit. However, any employee who was eligible for a Vacation Buy-Back benefit before promoting into a classification represented by the Deputy District Attorneys Association will retain that benefit after promoting into a classification represented by the Deputy District Attorneys Association. SECTION 24 – SICK LEAVE INCENTIVE Employees may be eligible for a payoff of a part of unused sick leave accruals at separation. This program is an incentive for employees to safeguard sick leave accruals as protection against wage loss due to time lost for injury or illness. Payoff must be approved by the Director of Human Resources, and is subject to the following conditions: A. The employee must have resigned in good standing. SECTION 25 – VIDEO DISPLAY TERMINAL (VDT) USERS EYE EXAM 31 Deputy District Attorneys’ Assn 2011-2013 MOU B. Payout is not available if the employee is eligible to retire. C. The balance of sick leave at resignation must be at least seventy percent (70%) of accruals earned in the preceding continuous period of employment excluding any sick leave use covered by the Family and Medical Leave Act, the California Family Rights Act, or the California Pregnancy Disability Act. D. Payout is by the following schedule: Years of Payment Payment of Unused Continuous Service Sick Leave Payable 3 - 5 years 30% 5 - 7 years 40% 7 plus years 50% E. No payoff will be made pursuant to this section unless the Contra Costa County Employees' Retirement Association has certified that an employee requesting a sick leave payoff has terminated membership in, and has withdrawn his or her contributions from, the Retirement Association. F. It is the intent of the Board of Supervisors that payment pursuant to this section precludes County retirement benefits resulting from employment by this County or Districts governed by the Board. SECTION 25 – VIDEO DISPLAY TERMINAL (VDT) USERS EYE EXAM Employees are eligible to receive an annual eye examination on County time and at County expense provided that the employee regularly uses a video display terminal at least an average of two (2) hours per day as certified by their department. Employees certified for examination under this program must make their request through the Benefits Service Unit of the County Human Resources Department. Should prescription VDT eyeglasses be prescribed for the employee following the examination, the County agrees to provide, at no cost, basic VDT eye wear consisting of a ten dollar ($10) frame and single, bifocal or trifocal lenses. Employees may, through individual arrangement between the employee and the employees' doctor and solely at the employee's expense, include blended lenses and other care, services or materials not covered by the Plan. SECTION 26 – LONG-TERM DISABILITY INSURANCE SECTION 28 – LAW SCHOOL STUDENT LOAN REIMBURSEMENT PROGRAM Deputy District Attorneys’ Assn 32 2011-2013 MOU The County will continue in force the Long-Term Disability Insurance program with a replacement limit of eighty-five percent (85%) of total monthly base earnings reduced by any deductible benefits. SECTION 27– ATTORNEY FIXED-TERM CLASSES A. The Fixed-Term (2KWD) attorney class is ineligible for the following benefits: 1. Longevity Pay Plan 2. Life Insurance 3. Long-Term Disability 4. Attorney Professional Development Reimbursement Fund fifty percent (50%) of the benefit is available on January 1 and fifty percent (50%) is available on July 1. B. Employees in the Fixed-Term Attorney class will be credited hours paid administrative leave each January 1, subject to the provisions of the MOU. SECTION 28 – LAW SCHOOL STUDENT LOAN REIMBURSEMENT PROGRAM For purposes of retention and to bridge the gap between the newer attorneys and those attorneys that qualify for longevity pay. A. Eligibility: Fixed term employees and those employees that are converted from fixed term to regular employees. The measuring period runs from date of hire to anniversary date. Such payments shall only be made to employees on the payroll as of the date of ratification of this agreement. B. Qualifying amounts and terms: i. After completion of the third full year of employment as a fixed-term full-time employee, (twelve consecutive months of service) those eligible fixed-term employees are eligible to receive $2000 for purposes of reimbursement for law school student loan payments. ii. For those employees that are not retained and not converted to regular employees, upon completion of their ninth SECTION 28 – LAW SCHOOL STUDENT LOAN REIMBURSEMENT PROGRAM 33 Deputy District Attorneys’ Assn 2011-2013 MOU consecutive month of employment in their third year, an amount not to exceed $1000 will be payable to eligible employees. iii. After conversion from a fixed-term employee to a regular employee in the fourth full year of employment with the County, at the conclusion of twelve consecutive months of service, the eligible Deputy District Attorneys are eligible to receive $3000 for purposes of reimbursement for law school student loan payments. iv. After the completion of the fifth full year of employment as a regular full-time employee, (twelve consecutive months of service) the eligible Deputy District Attorneys are eligible to receive $4000 for purposes of reimbursement for law school student loan payments. v. For persons employed less than forty hours per week, the law school reimbursement amount shall be adjusted proportionately to the percentage of time the person is actively working throughout the respective year. vi. Employee must supply documentation reflecting the existence of an outstanding student loan and annual payment record for the student loan during the preceding twelve months. vii. This Law School Loan Reimbursement Program becomes effective one month after approval by the Board of Supervisors. Third year employees that reached their anniversary date in December 2007, and have been converted to regular employees, after completing 12 consecutive months of employment with the District Attorneys office are eligible to receive $2000 reimbursement subject to supplying the requisite documentation. viii. This program is not available to those attorneys that have paid off their law school student loans or to those attorneys that have not incurred student loans. ix. Maximum loan reimbursement for eligible employees shall be for a period not to exceed three years. x. The law school loan reimbursement program will not exceed $9000 for any one person. SECTION 28 – LAW SCHOOL STUDENT LOAN REIMBURSEMENT PROGRAM Deputy District Attorneys’ Assn 34 2011-2013 MOU xi. The above payments are subject to applicable state and federal withholding, if any. xii. The terms and conditions are subject to language approved by the County’s Auditor’s Office. SECTION 29 – SERVICE AWARDS 35 Deputy District Attorneys’ Assn 2011-2013 MOU SECTION 29 – SERVICE AWARDS A. The County shall continue its present policy with respect to service awards including time off provided however that the type of award given shall be at the sole discretion of the County. The following procedure shall apply with respect to service awards: 1. Presentation Before the Board of Supervisors An employee with 20 or more years of service may go before the Board of Supervisors to receive his/her service award. When requested by the Department, the Human Resources Department will make arrangements for the presentation ceremony before the Board of Supervisors and notify the Department as to the time and date of the Board meeting. 2. Service Award Day Off Employees with 15 or more years of service are entitled to take a day off with pay at each five (5) year anniversary. SECTION 30 – LOSS OR DAMAGE TO PERSONAL PROPERTY The loss or damage to personal property of employees is subject to reimbursement. Reimbursement shall be limited to the actual cost to repair damages. Reimbursement for items damaged beyond repair shall be limited to the actual value of the item at the time of loss or damage but not more that the original cost. Reimbursement for loss or damage of personal property shall be in accordance with Administrative Bulletin 518.2 (May 23, 1989). SECTION 31 – ADOPTION The provisions of this MOU shall be made applicable on the dates indicated and upon approval by the Board of Supervisors. Resolutions and Ordinances, where necessary, shall be prepared and adopted in order to implement these provisions. It is understood that where it is determined that an Ordinance is required to implement any of the foregoing provisions, said provisions shall become effective upon the first day of the month following thirty (30) days after such Ordinance is adopted. SECTION 32 - SCOPE OF AGREEMENT AND SEVERABILITY OF PROVISIONS Deputy District Attorneys’ Assn 36 2011-2013 MOU SECTION 32 - SCOPE OF AGREEMENT AND SEVERABILITY OF PROVISIONS 32.1 Scope of Agreement. Except as otherwise specifically provided herein, this MOU fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties in any and all matters subject to meet and confer. Neither party shall, during the term of this MOU demand any change herein, provided that nothing herein shall prohibit the parties from changing the terms of this MOU by mutual agreement. The Association understands and agrees that the County is not obligated to meet and confer regarding wages, hours or conditions of employment during the term of this extended agreement, except as otherwise required by law. 32.2 Severability of Provisions. Should any section, clause or provision of this MOU be declared illegal, unlawful or unenforceable, by final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this MOU. 32.3 Personnel Management Regulations. The Personnel Management Regulations formerly governed the District Attorneys as non-represented management. The Deputy District Attorney Association was formally recognized as the bargaining agent of Contra Costa District Attorneys on March 17, 2007. This MOU now governs the employment of the District Attorneys subject to matters that are accepted subjects of bargaining. Where a specific provision contained in a section of this MOU conflicts with a specific provision contained in a section of the Personnel Management Regulations, the provision of this MOU shall prevail. SECTION 32 - SCOPE OF AGREEMENT AND SEVERABILITY OF PROVISIONS 37 Deputy District Attorneys’ Assn 2011-2013 MOU 32.4 Duration of Agreement. This Agreement will continue in full force and effect from July 1, 2011 to and including June 30, 2013. Said Agreement shall automatically renew from year to year thereafter unless the Association or the County gives written notice to the other prior to sixty (60) days from the aforesaid termination date of its intention to amend, modify or terminate the Agreement. Date: Contra Costa County: DDAA: (Signature / Printed Name) (Signature / Printed Name) / / / / / / / / / / RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Public Works Department, to execute an increase to purchase order number 28995 with Nixon-Egli Equipment Co., by $50,000 to a total of $145,000, and extend the termination date from May 31, 2012 to May 31, 2013, for the rental of paving and asphalt equipment, Countywide. (100% Local Road Funds) FISCAL IMPACT: 100% Local Road Funds. BACKGROUND: Rental of asphalt and paving equipment for the repair/maintenance of County road facilities. CONSEQUENCE OF NEGATIVE ACTION: Would impede the Public Works Department's ability to repair and maintain County road facilities, possibly affecting public safety. CHILDREN'S IMPACT STATEMENT: Not applicable. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Pat Giles, (925) 313-7044 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: STACEY M. BOYD, Deputy cc: C. 1 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:April 3, 2012 Contra Costa County Subject:APPROVE and AUTHORIZE the Purchasing Agent to issue an increase and extend the termination date for purchase order number 28995 ATTACHMENTS Nixon Egli PO #28995 RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute Amendment No. 1, effective February 1, 2012, to an existing Consulting Services Agreement with Nolte Associates, Inc., effective July 26 2011, to increase the current payment limit by $40,000 to a new payment of $186,642 in order to provide construction management services for the Montalvin Manor Pedestrian and Transportation Access Improvements Project, Montalvin area. (Project No. 4660-6X4109) FISCAL IMPACT: 100% Local Road Funds BACKGROUND: On July 26, 2011, the Board of Supervisors approved the Consulting Services Agreement (CSA) with Nolte Associates, Inc. to provide professional construction management services for the Montalvin Manor Pedestrian and Transportation Access Improvements Project. Construction management services are required for the construction of this project. Nolte Associates, Inc. was selected to provide these services after completing a request for qualifications solicitation, County APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Neil Leary, (925) 313-2278 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: STACEY M. BOYD, Deputy cc: C. 2 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:April 3, 2012 Contra Costa County Subject:Amendment No. 1 to Consulting Services Agreement with Nolte Associates, Inc., Montalvin area. BACKGROUND: (CONT'D) Outreach, and interview process. They have been assisting County staff by providing construction inspection, contract administration and resident engineer services. The proposed amendment will amend payment limits to that described in the Agreement. This amendment is needed due to unanticipated project conditions. CONSEQUENCE OF NEGATIVE ACTION: If the amendment is not approved, Nolte Associates, Inc. cannot be paid for the additional required work and the construction of the project may be delayed. CHILDREN'S IMPACT STATEMENT: Not Applicable. ATTACHMENTS Amendment 1 RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Public Works Department, to execute an increase to purchase order number 29172 with Hertz Equipment Rentals, in the amount of $100,000 to a total of $400,000, and extend the termination date from May 31, 2012 to May 31, 2013, for the rental of equipment for the Maintenance Division as needed, Countywide. (100% Local Road and Flood Control Funds) FISCAL IMPACT: 100% Local Road and Flood Control Funds. BACKGROUND: Small and heavy equipment are used in the repair and maintenance of County road and flood control facilities. At times it is more cost effective to rent a piece of equipment that is only used for a short period of time. CONSEQUENCE OF NEGATIVE ACTION: Would impede the Public Works Department's ability to repair and maintain County road and flood control facilities, possibly affecting public safety. CHILDREN'S IMPACT STATEMENT: Not applicable. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Pat Giles, (925) 313-7044 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: STACEY M. BOYD, Deputy cc: C. 3 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:April 3, 2012 Contra Costa County Subject:APPROVE and AUTHORIZE the Purchasing Agent to issue an increase and extend the termination date for purchase order number 29172 ATTACHMENTS PO #29172 Hertz Equip Rentals RECOMMENDATION(S): APPROVE and AUTHORIZE the Purchasing Agent, on behalf of the Public Works Department, to execute an increase to purchase order number 33683 with George Reed Table Mt. Quarry, in the amount of $100,000 to a total of $270,800, and extend the termination date from June 30, 2012 to June 30, 2013, for chip seal aggregate for the Maintenance Division as needed, Countywide (100% Local Road Funds) FISCAL IMPACT: 100% Local Road Funds. BACKGROUND: To be used as part of the 2012 Surface Treatment Program for County road maintenance, an integral part of the County's Pavement Preservation Program. CONSEQUENCE OF NEGATIVE ACTION: Would impede the Public Works Department's ability to repair and maintain County roads, possibly affecting public safety. Negative action could also result in the pavement deteriorating to the point where pavement repair costs would be unmanageable. CHILDREN'S IMPACT STATEMENT: Not applicable. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Pat Giles, (925) 313-7044 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: STACEY M. BOYD, Deputy cc: C. 4 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:April 3, 2012 Contra Costa County Subject:APPROVE and AUTHORIZE the Purchasing Agent to issue an increase and extend the termination date for purchase order number 33683 ATTACHMENTS PO 33685 George Reed Mt Quarry RECOMMENDATION(S): ADOPT Resolution No. 2012/125 approving the fourth extension of the Subdivision Agreement (Right-of-Way Landscaping), for Subdivision SD 06-09143, for project being developed by Windemere BLC Land Company, LLC, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II) FISCAL IMPACT: No Fiscal Impact. BACKGROUND: The Subdivision Agreement (Right-of-Way Landscaping) needs to be renewed as the improvements are not completed yet. (Approximately 95% of the work has been completed to date.) The developer has requested additional time to complete improvements. Granting an extension gives the developer an additional year to complete the improvements and keeps the bonding current. CONSEQUENCE OF NEGATIVE ACTION: The Subdivision Agreement (Right-of-Way Landscaping) will not be renewed if the extension is not granted; the developer cannot complete the improvements; the bonds cannot be kept current; and, the County may need to foreclose on the developer’s bonds and complete the improvements. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: J. LaRocque 925-313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: STACEY M. BOYD, Deputy cc: J. Capozzo, Engineering Services, S. Reed, Construction, C. Sumpter, DCD C. 5 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:April 3, 2012 Contra Costa County Subject:Approve the fourth extension of the Subdivision Agreement (Right-of-Way Landscaping), for Subdivision SD 06-09143 CHILDREN'S IMPACT STATEMENT: Not Applicable. ATTACHMENTS Resolution No. 2012/125 Subdivision Agreement (Right-of-Way Landscaping) Extension THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 04/03/2012 by the following vote: AYES: John Gioia Mary N. Piepho Karen Mitchoff Federal D. Glover NOES: ABSENT:Gayle B. Uilkema ABSTAIN: RECUSE: Resolution No. 2012/125 IN THE MATTER OF approving the fourth extension of the Subdivision Agreement (Right-of-Way Landscaping) for Subdivision SD 06-09143, for project being developed by Windemere BLC Land Company, LLC, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II) WHEREAS, the Public Works Director having recommended that she be authorized to execute the fourth agreement extension which extends the Subdivision Agreement (Right-of-Way Landscaping) between Windemere BLC Land Company, LLC and the County for construction of certain improvements in Subdivision 06-09143 in the San Ramon (Dougherty Valley) area, through February 27, 2013; • APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95 % • ANTICIPATED DATE OF COMPLETION: May 31, 2012 • REASON FOR EXTENSION: Development is in one year warranty period. NOW THEREFORE BE IT RESOLVED that the recommendation of the Public Works Director is APPROVED. Contact: J. LaRocque 925-313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: STACEY M. BOYD, Deputy cc: J. Capozzo, Engineering Services, S. Reed, Construction, C. Sumpter, DCD 4 1 RECOMMENDATION(S): ADOPT Resolution No. 2012/126 approving the fourth extension of the Subdivision Agreement (Right-of-Way Landscaping), for Subdivision SD 06-09142, for project being developed by Windemere BLC Land Company, LLC, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II) FISCAL IMPACT: No Fiscal Impact. BACKGROUND: The Subdivision Agreement (Right-of-Way Landscaping) needs to be renewed as the improvements are not completed yet. (Approximately 95% of the work has been completed to date.) The developer has requested additional time to complete improvements. Granting an extension gives the developer an additional year to complete the improvements and keeps the bonding current. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: J. LaRocque 925-313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: STACEY M. BOYD, Deputy cc: J. Capozzo, Engineering Services, C. Sumpter, DCD, S. Reed, Construction C. 6 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:April 3, 2012 Contra Costa County Subject:Approve the fourth extension of the Subdivision Agreement (Right-of-Way Landscaping) for Subdivision SD 06-09142 CONSEQUENCE OF NEGATIVE ACTION: The Subdivision Agreement (Right-of-Way Landscaping) will not be renewed if the extension is not granted; the developer cannot complete the improvements; the bonds cannot be kept current; and, the County may need to foreclose on the developer’s bonds and complete the improvements. CHILDREN'S IMPACT STATEMENT: Not Applicable. ATTACHMENTS Resolution No. 2012/126 Agreement THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 04/03/2012 by the following vote: AYES: John Gioia Mary N. Piepho Karen Mitchoff Federal D. Glover NOES: ABSENT:Gayle B. Uilkema ABSTAIN: RECUSE: Resolution No. 2012/126 IN THE MATTER OF Approving the fourth extension of the Subdivision Agreement (Right-of-Way Landscaping) for Subdivision SD 06-09142, for project being developed by Windemere BLC Land Company, LLC, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II) WHERE AS the Public Works Director having recommended that she be authorized to execute the fourth agreement extension which extends the Subdivision Agreement (Right-of-Way Landscaping) between Windemere BLC Land Company, LLC and the County for construction of certain improvements in Subdivision 06-09142 in the San Ramon (Dougherty Valley) area, through February 27, 2013; • APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95 % • ANTICIPATED DATE OF COMPLETION: June 30, 2012 • REASON FOR EXTENSION: Subdivision improvements are in the one-year warranty period. NOW THEREFOR BE IT RESOLVED that the recommendation of the Public Works Director is APPROVED. Contact: J. LaRocque 925-313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: STACEY M. BOYD, Deputy cc: J. Capozzo, Engineering Services, C. Sumpter, DCD, S. Reed, Construction 4 1 RECOMMENDATION(S): ADOPT Resolution No. 2012/127 approving the fourth extension of the Subdivision Agreement (Right-of-Way Landscaping), for Subdivision SD 05-09023, for project being developed by Windemere BLC Land Company, LLC, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II) FISCAL IMPACT: No Fiscal Impact. BACKGROUND: The Subdivision Agreement (Right-of-Way Landscaping) needs to be renewed as the improvements are not completed yet. (Approximately 95% of the work has been completed to date.) The developer has requested additional time to complete improvements. Granting an extension gives the developer an additional year to complete the improvements and keeps the bonding current. CONSEQUENCE OF NEGATIVE ACTION: The Subdivision Agreement (Right-of-Way Landscaping) will not be renewed if the extension is not granted; the developer cannot complete the improvements; the bonds cannot be kept current; and, the County may need to foreclose on the developer’s bonds and complete the improvements. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: J. LaRocque 925-313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: STACEY M. BOYD, Deputy cc: C. Sumpter, DCD, J. Capozzo, Engineering Services, S. Reed, Construction C. 7 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:April 3, 2012 Contra Costa County Subject:Approve the fourth extension of the Subdivision Agreement (Right-of-Way Landscaping), for Subdivision SD 05-09023 CHILDREN'S IMPACT STATEMENT: Not Applicable. ATTACHMENTS Resolution No. 2012/127 Agreement THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 04/03/2012 by the following vote: AYES: John Gioia Mary N. Piepho Karen Mitchoff Federal D. Glover NOES: ABSENT:Gayle B. Uilkema ABSTAIN: RECUSE: Resolution No. 2012/127 IN THE MATTER OF approving the fourth extension of the Subdivision Agreement (Right-of-Way Landscaping) for Subdivision SD 05-09023, for project being developed by Windemere BLC Land Company, LLC, as recommended by the Public Works Director, San Ramon (Dougherty Valley) area. (District II) WHEREAS, the Public Works Director having recommended that she be authorized to execute the fourth agreement extension which extends the Subdivision Agreement (Right-of-Way Landscaping) between Windemere BLC Land Company, LLC and the County for construction of certain improvements in Subdivision 05-09023 in the San Ramon (Dougherty Valley) area, through March 6, 2013; • APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95 % • ANTICIPATED DATE OF COMPLETION: 12/31/12 • REASON FOR EXTENSION: Subdivision improvements are in one-year warranty period. NOW THEREFORE BE IT RESOLVED that the recommendation of the Public Works Director is APPROVED. Contact: J. LaRocque 925-313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: STACEY M. BOYD, Deputy cc: C. Sumpter, DCD, J. Capozzo, Engineering Services, S. Reed, Construction 4 1 RECOMMENDATION(S): ADOPT Resolution No. 2012/128 approving the second extension of the Subdivision Agreement (Right-of Way Landscaping) for Road Acceptance RA 05-01186 (cross-reference Subdivision SD 99-08381), for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, Danville area. (District II) FISCAL IMPACT: No Fiscal Impact. BACKGROUND: The Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance RA 05-01186 (cross-reference Subdivision SD 99-08381) needs to be renewed as the improvements are not completed yet. (Approximately 98% of the work has been completed to date.) The developer has requested additional time to complete improvements. Granting an extension gives the developer an additional year to complete the improvements and keeps the bonding current. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: J. LaRocque 925-313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: STACEY M. BOYD, Deputy cc: C. Sumpter, DCD, J. Capozzo, Engineering Services, S. Reed, Construction C. 8 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:April 3, 2012 Contra Costa County Subject:Approve the second extension of the Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance RA 05-01186 CONSEQUENCE OF NEGATIVE ACTION: The Subdivision Agreement (Right-of-Way Landscaping) will not be renewed if the extension is not granted. ATTACHMENTS Resolution No. 2012/128 Agreement THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 04/03/2012 by the following vote: AYES: John Gioia Mary N. Piepho Karen Mitchoff Federal D. Glover NOES: ABSENT:Gayle B. Uilkema ABSTAIN: RECUSE: Resolution No. 2012/128 IN THE MATTER OF approving the second extension of the Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance RA 05-01186 (cross-reference Subdivision SD 99-08381, for project being developed by Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation, as recommended by the Public Works Director, Danville area. (District II) WHEREAS, the Public Works Director having recommended that she be authorized to execute the second agreement extension which extends the Subdivision Agreement (Right-of-Way Landscaping) between Shapell Homes, a Division of Shapell Industries, Inc., a Delaware Corporation and the County for construction of certain improvements in Road Acceptance RA 05-01186 (cross-reference Subdivision SD 99-08381 in the Danville area, through January 6, 2013; • APPROXIMATE PERCENTAGE OF WORK COMPLETE: 98 % • ANTICIPATED DATE OF COMPLETION: March 31, 2012 • REASON FOR EXTENSION: Project is almost completed; completing punchlist items NOW THEREFORE BE IT RESOLVED RESOLVED that the recommendation of the Public Works Director is APPROVED. Contact: J. LaRocque 925-313-2315 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: STACEY M. BOYD, Deputy cc: C. Sumpter, DCD, J. Capozzo, Engineering Services, S. Reed, Construction 4 1 Resolution No. AIR-10497   Consent 17. BOS Agenda Special Districts & County Airports Meeting Date:04/03/2012 Time (Duration):  APPROVE and AUTHORIZE the Chair, Board of Supervisors, execute the Grant Deeds and ACCEPT a Quitclaim Deed and Grants of Easements with City Brentwood Submitted For: Julia R. Bueren, Public Works Director/Chief Engineer  Department:Public Works Division:Public Works - Real Estate Noticed Public Hearing: No Official Body: Board of Supervisors Presenter/Phone, if applicable: Audio-Visual Needs: Handling Instructions: District: District III Contact, Phone: Carla Peccianti, (925) 313-2222 Information Recommendation(s): The Board of Supervisors, as the Governing Board of the Contra Costa County Flood Control and Water Conservation District (District): APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute the three Grant Deeds for the conveyance of fee title to portions of Sand Creek Flood Control Channel (Sand Creek) and Marsh Creek Flood Control Channel (Marsh Creek) to the City of Brentwood (City) pursuant to Government Code Section 25526.5; Project No. 7521-6D8325 and ACCEPT the Quitclaim Deed and two Grants of Easements from the City; and  DETERMINE that the conveyance of said property is in the public interest and will not substantially conflict or interfere with the District’s use of Sand Creek Channel or Marsh Creek Channel; and DIRECT the Real Property Division of the Public Works Department to cause said Grant Deeds, Quitclaim Deed and Grants of Easements be recorded in the office of the County Recorder. Fiscal Impact: This project is funded 100% by Flood Control Zone 1 funds. Background: The City realigned Sand Creek Road from State Route 4 Bypass (Project) to Brentwood Boulevard to improve traffic flow through the City in the mid 2000’s. The realigned Sand Creek Road crosses over a portion Sand Creek at the intersection of Sand Creek Road and Fairview Avenue and a portion of Marsh Creek at the intersection of Sand Creek Road and O’Hara Avenue. As part of the Project, the City installed box culverts for the continued flowage of Sand Creek and Marsh Creek at the above referenced intersections. The Project also included the construction of additional storm drain inlets to handle the increase of storm water runoff from Sand Creek and Marsh Creek. The District and the City both agreed to exchange property rights to accommodate the realignment of Sand Creek Road. The District is to grant fee title to a portion of its Sand Creek property at the intersection of Sand Creek Road and Fairview Avenue; a portion of its Old Sand Creek Road Current Alignment property; and a portion of its Marsh Creek property under the intersection of Sand Creek Road and O’Hara Avenue to the City. The City is to quitclaim and vacate its rights to a portion of the Old Sand Creek Previous Alignment; grant access easements across its property on the east side of Sand Creek Road and at the intersection of Sand Creek Road and O’Hara Avenue; and grant a twenty foot wide access easement across its property in the northwest quadrant of the intersection of Sand Creek Road and Fairview Avenue to the District. The exchange of these property rights is a mutually beneficial to both the District and the City. This Board adopted the City of Brentwood Mitigated Negative Declaration for the Sand Creek Extension Project on September 18, 2001 and Notice of Determination was filed on April 27, 2006 Consequence of Negative Action: The District will not have adequate access to Sand Creek or Marsh Creek. Children's Impact Statement: Not applicable. Budget Information Information about available funds Budgeted: Funds Available: Adjustment: Amount Available: Unbudgeted: Funds NOT Available: Amendment: Account Code(s) for Available Funds 1: Fund Transfers Attachments Sand Creek at Fairview Grant Deed Sand Creek Grant of Easement Portion of Sand Creek Quick Claim Portion of Sand Creek Grant Deed O'Hara Grant of Easement O'Hara at Sand Creek Grant Deed Minutes Attachments No file(s) attached. RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with A.S. Dutchover & Associates d/b/a Dutchover & Associates effective April 1, 2012 to March 31, 2014, in an amount not to exceed $200,000, to provide landscape architect services countywide. (All Districts) Project No.: Various FISCAL IMPACT: Services are paid 100% by special revenue funds. BACKGROUND: Special Districts staff conducted a search for consultants to provide Countywide Landscape Architectural services. Staff contacted 50 firms and requested a Statement of Qualification (SOQ) by October 4, 2011 in order to be considered for a contract. These firms would do projects primarily for areas within the countywide LL-2 landscape district or County Service Areas. Of the 50 firms contacted, 19 submitted Letters of Interest and SOQ’s. A.S. Dutchover & Associates d/b/a Dutchover & Associates was one of the firms selected. Special Districts staff requires a landscape architectural APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: S. Cohen (925) 313-2160 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: STACEY M. BOYD, Deputy cc: L. Strobel, County Administrator, E. Gelston, County Counsel, V. Zayas, Special Districts, M. Parella, Administration, P. Denison, Accounting, W. Lai, Engineering Services C.10 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:April 3, 2012 Contra Costa County Subject:AUTHORIZE the Public Works Director, or designee, to execute a contract with A.S. Dutchover & Associates d/b/a Dutchover & Associates BACKGROUND: (CONT'D) firm to ensure that the landscape areas it manages are designed, constructed and maintained in accordance with the Public Works Department’s Landscape Standards. CONSEQUENCE OF NEGATIVE ACTION: Without Board approval, Special Districts will not be able to provide these services with the required level of expertise needed to ensure that the landscape areas it manages are designed, constructed and maintained in accordance with the Public Works Department's Landscape Standards. CHILDREN'S IMPACT STATEMENT: Not Applicable. ATTACHMENTS Consulting Services Agreement RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with David L. Gates & Associates, Inc. effective April 1, 2012 to March 31, 2014, in an amount not to exceed $200,000, to provide landscape architect services countywide. (All Districts) Project No.: Various FISCAL IMPACT: Services are paid 100% by special revenue funds. BACKGROUND: Special Districts staff conducted a search for consultants to provide Countywide Landscape Architectural services. Staff contacted 50 firms and requested a Statement of Qualification (SOQ) by October 4, 2011 in order to be considered for a contract. These firms would do projects primarily for areas within the countywide LL-2 landscape district or County Service Areas. Of the 50 firms contacted, 19 submitted Letters of Interest and SOQ’s. David L. Gates & Associates, Inc. was one of the firms selected. Special Districts staff requires a landscape architectural firm to ensure that the landscape APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: S. Cohen (925) 313-2160 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: STACEY M. BOYD, Deputy cc: L. Strobel, County Administrator, E. Gelston, County Counsel, V. Zayas, Special Districts, M. Parella, Administration, P. Denison, Accounting, W. Lai, Engineering Services C.11 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:April 3, 2012 Contra Costa County Subject:AUTHORIZE the Public Works Director, or designee, to execute a contract with David L. Gates & Associates, Inc. BACKGROUND: (CONT'D) areas it manages are designed, constructed and maintained in accordance with the Public Works Department’s Landscape Standards. CONSEQUENCE OF NEGATIVE ACTION: Without Board approval, Special Districts will not be able to provide these services with the required level of expertise needed to ensure that the landscape areas it manages are designed, constructed and maintained in accordance with the Public Works Department's Landscape Standards. CHILDREN'S IMPACT STATEMENT: Not Applicable. ATTACHMENTS Consulting Service Agreement RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with Kluber & Associates, Inc. effective April 1, 2012 to March 31, 2014, in an amount not to exceed $200,000, to provide landscape architect services countywide. (All Districts) Project No.: Various FISCAL IMPACT: Services are paid 100% by special revenue funds. BACKGROUND: Special Districts staff conducted a search for consultants to provide Countywide Landscape Architectural services. Staff contacted 50 firms and requested a Statement of Qualification (SOQ) by October 4, 2011 in order to be considered for a contract. These firms would do projects primarily for areas within the countywide LL-2 landscape district or County Service Areas. Of the 50 firms contacted, 19 submitted Letters of Interest and SOQ’s. Kluber & Associates, Inc. was one of the firms selected. Special Districts staff requires a landscape architectural firm to ensure that the landscape areas APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: S. Cohen (925) 313-2160 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: STACEY M. BOYD, Deputy cc: L. Strobel, County Administrator, E. Gelston, County Counsel, V. Zayas, Special Districts, M. Parella, Administration, P. Denison, Accounting, W. Lai, Engineering Services C.12 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:April 3, 2012 Contra Costa County Subject:AUTHORIZE the Public Works Director, or designee, to execute a contract with Kluber & Associates, Inc. BACKGROUND: (CONT'D) it manages are designed, constructed and maintained in accordance with the Public Works Department’s Landscape Standards. CONSEQUENCE OF NEGATIVE ACTION: Without Board approval, Special Districts will not be able to provide these services with the required level of expertise needed to ensure that the landscape areas it manages are designed, constructed and maintained in accordance with the Public Works Department's Landscape Standards. CHILDREN'S IMPACT STATEMENT: Not Applicable. ATTACHMENTS Consulting Service Agreement RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with LSA Associates, Incorporated (Inc.), in an amount not to exceed $205,831.56 for the period of April 5, 2012 through March 31, 2015, to provide environmental services for the Camino Tassajara Shoulder Widening-1.1 mile south of Highland Rd. to 0.3 mile north of Windemere Parkway project, San Ramon area. (District III) Project No. 0662-6R4072, Federal Aid Project No. HSIPL-5928(110) FISCAL IMPACT: Work performed under this contract is funded by 39.5% Highway Safety Improvements Program (HSIP) Funds and 60.5% South County Area of Benefit (AOB) Funds. BACKGROUND: The purpose of the Camino Tassajara Shoulder Widening-1.1 mile south of Highland to 0.3 miles north of Windemere Parkway Project (“Project”) is to improve safety along the segment of Camino Tassajara by providing drivers with a consistent roadway section and APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: T. Torres 925-313-2176 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: STACEY M. BOYD , Deputy cc: B. Campbell, Auditor Controller, P. Denison, Finance, A. Brown, Environmental Section C.13 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:April 3, 2012 Contra Costa County Subject:APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with LSA Associates, Incorporated (Inc.) BACKGROUND: (CONT'D) a wider area for recovery should they veer off the travel lane. The Project is federally funded, which requires necessary environmental assessments and studies pursuant to the following environmental laws and regulations: National Environmental Policy Act (NEPA), the California Environmental Quality Act (CEQA), the Clean Water Act, the Porter-Cologne Water Quality Act, and the State and Federal Endangered Species Acts. The contract is needed to conduct necessary environmental assessments and studies to assist Public Works Department staff with environmental compliance in support of the Project. After a solicitation process was conducted, the Department determined that LSA and Associates, Incorporated (Inc.) is qualified to provide the necessary environmental services for the Project. CONSEQUENCE OF NEGATIVE ACTION: If the contract is not approved by the Board of Supervisors, the Project will not obtain necessary environmental clearances which may jeopardize funding and cause delays with construction. CHILDREN'S IMPACT STATEMENT: Not Applicable. ATTACHMENTS Contract RECOMMENDATION(S): DENY claims filed by Michael Audley, Enterprise Rent-A-Car of San Francisco, and Dindo & Alvin Porter. FISCAL IMPACT: * BACKGROUND: * APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: T. Lennear, (925) 335-1900 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: STACEY M. BOYD, Deputy cc: C.14 To:Board of Supervisors From:Tiffany Lennear, Chief Asst Clerk of the Board Date:April 3, 2012 Contra Costa County Subject:CLAIMS APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: LEA CASTLEBERRY 925-240-7260 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: STACEY M. BOYD, Deputy cc: C.15 To:Board of Supervisors From:Mary N. Piepho, District III Supervisor Date:April 3, 2012 Contra Costa County Subject:DECLARING APRIL 2012 AS CHILD ABUSE PREVENTION MONTH IN CONTRA COSTA COUNTY ATTACHMENTS Resolution No. 2012/119 In the matter of:Resolution No. 2012/119 Declaring April 2012 as Child Abuse Prevention Month in Contra Costa County WHEREAS, "Child Abuse Prevention Month" has been observed since its first presidential proclamation in 1983; and WHEREAS, child abuse and neglect affects children of all ages, race, income and is 100% preventable; and WHEREAS, national statistics show that one in four girls and one in four boys will be maltreated before the age of 18, while children with disabilities are three to seven times more likely to suffer from child maltreatment than children without disabilities; and WHEREAS, the rising number of reported child abuse cases are, consequently, cause for great concern and heightens the need for increased protection and improved services for abused and neglected children; and WHEREAS, more experts believe that actual incidents of abuse outnumber the current statistics and indications; and WHEREAS, programs offering help can positively impact a family at risk and early assistance is important for preventing abuse. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors hereby declares April 2012 as "Child Abuse Prevention Month" and recognizes the efforts made by the Child Abuse Prevention Council, and acknowledges their hard work to prevent child abuse throughout Contra Costa County. ___________________ MARY N. PIEPHO Chair, District III Supervisor ______________________________________ JOHN GIOIA GAYLE B. UILKEMA 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: April 3, 2012 David J. Twa, By: ____________________________________, Deputy APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Ed Diokno, 925-427-8138 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: STACEY M. BOYD, Deputy cc: C.16 To:Board of Supervisors From:Federal D. Glover, District V Supervisor Date:April 3, 2012 Contra Costa County Subject:PROCLAMATION OF HONORING BATAAN/CORREGIDOR VETERANS ATTACHMENTS Resolution No. 2012/131 In the matter of:Resolution No. 2012/131 Honoring survivors of the Battle of Bataan & Corregidor and their descendants on the occasion of the 70th anniversary of this World War II event. WHEREAS, 70 years ago the epic Battle of Bataan and Corregidor took place in the Philippines; and WHEREAS, the outmanned and outgunned American and Filipino defenders of the United States Armed Forces of the Far East put up a ferocious defense of the Philippines against overwhelming odds; and WHEREAS, the combined forces of Americans and Filipinos stalled the Japanese war machine for three long arduous months; and WHEREAS, the delay allowed America and its allies to strengthen its forces and coastline of Australia and prevented the Japanese from continuing their conquest of Australia and Southeast Asia; and WHEREAS, the Bataan and Corregidor defenders were rounded up by the Japanese military and forced to march in what has become infamously known as the Bataan Death March to prison of war camps in the interior of the Philippines; and WHEREAS, thousands of American and Filipino fighting men perished without medical attention and a shortage of food and water in the tropical heat during the 40-mile long Bataan Death March; and WHEREAS, the heroic defense of the Bataan Peninsula and Corregidor island forever cemented the bonds between the United States and the Philippines and raised the stature of Filipinos in the eyes of the American public; and WHEREAS, the veterans’ bravery and fortitude turned a military defeat into a victory for all free people everywhere, for all time; and WHEREAS, their descendants continue to honor the memory of the epic battle and their ancestors’ sacrifices by carrying on the military tradition by enlisting in the U.S. Armed Forces and continuing to contribute to the civic and cultural life of Pittsburg, Contra Costa County and America; and WHEREAS, confronted with the superior forces and arms of the Japanese Imperial forces and weakened by disease and starvation, the U.S. forces of Bataan finally fell on April 8 followed by the surrender of U.S. forces on Corregidor on May 6; and WHEREAS, after World War II scores of veterans of the Battle of Bataan and Corregidor chose to make their homes in Contra Costa County; and WHEREAS, the survivors, their families and the Filipino American Association of Pittsburg will honor the memory of the heroic battle with ceremonies on April 14 in Pittsburg. NOW, THEREFORE, BE IT RESOLVED that the Contra Costa County Board of Supervisors declare April 14 as Bataan-Corregidor Memorial Day as we honor the Filipino and American soldiers who fought side by side in the Battle of Bataan and Corregidor on the side of democracy and their role to preserve America’s legacy of freedom. ___________________ MARY N. PIEPHO Chair, District III Supervisor ______________________________________ JOHN GIOIA GAYLE B. UILKEMA 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: April 3, 2012 David J. Twa, By: ____________________________________, Deputy APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Dorothy Sansoe, 925-787-8288 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: STACEY M. BOYD, Deputy cc: C.17 To:Board of Supervisors From:Arts and Culture Commission of Contra Costa Date:April 3, 2012 Contra Costa County Subject:Arts Awards ATTACHMENTS Resolution No. 2012/133 In the matter of:Resolution No. 2012/133 Recognizing Denica Garcia, Savannah Ridgley, and Christine Osiushu for placing First, Second, and Third in the Contra Costa County "Poetry Out Loud" Competition. WHEREAS, the members of the Board of Supervisors of Contra Costa County is pleased to extend congratulations to Denica Garcia, Savannah Ridgley, and Christine Osiushu for placing first, second and third in the Contra Costa County "Poetry Out Loud" 2012 Competition; and WHEREAS, Ms. Denica Garcia, a senior from Salesian High School in Richmond, was awarded First Place, Ms. Savannah Ridgley, a senior from Mt. Diablo High School in Concord, was awarded Second Place, and Ms. Christine Osiushu, a junior from Deer Valley High School in Antioch, was awarded Third Place in the Contra Costa County “Poetry Out Loud” competition on February 11, 2012, a competition which emphasizes language skills and public speaking; and WHEREAS, over 2000 students countywide memorized a poem for this year's program run by the California Arts Council in the State, and started by the National Endowment for the Arts to engage high school students in the presentation of poetry through memorization and performance; and WHEREAS, Ms. Garcia, Ms. Ridgley, and Ms. Osiushu gave extraordinary recitations along with a very competitive pool of finalists, including over 2000 students from eleven county high schools: College Park High School in Pleasant Hill, Deer Valley High School in Antioch, Dougherty Valley High School in San Ramon, Independence High School in Brentwood, Las Lomas High School in Walnut Creek, Monte Vista High School in Danville, Mt. Diablo High School in Concord, Pittsburg High School in Pittsburg, and Making Waves Academy, Richmond High School and Salesian High School, all in Richmond; and WHEREAS, the "Poetry Out Loud" program seeks to foster the next generation of literary readers by recognizing the latest trends in poetry: recitation and performance; and WHEREAS, to excel as Ms. Garcia, Ms. Ridgley, and Ms. Osiushu have done, a young person must demonstrate, in addition to a great deal of natural ability, an outstanding spirit of dedication, enthusiasm and hard work. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Contra Costa County, California does hereby recognize Denica Garcia, Savannah Ridgley, and Christine Osiushu for placing First, Second and Third in the Contra Costa County “Poetry Out Loud” competition and extend this expression of our pride in your accomplishments. ___________________ MARY N. PIEPHO Chair, District III Supervisor ______________________________________ JOHN GIOIA GAYLE B. UILKEMA 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: April 3, 2012 David J. Twa, By: ____________________________________, Deputy APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Dorothy Sansoe, 925-335-1009 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: STACEY M. BOYD, Deputy cc: C.18 To:Board of Supervisors From:David Twa, County Administrator Date:April 3, 2012 Contra Costa County Subject:Honoring Joe Valentine for His Service to Contra Costa County ATTACHMENTS Resolution No. 2012/136 In the matter of:Resolution No. 2012/136 Honoring Joe Valentine for his years of service to Contra Costa County. WHEREAS, Joe Valentine graduated in 1971 with a Bachelor of Arts degree in Psychology from St Louis University, St Louis, Missouri; and  WHEREAS, Joe Valentine graduated in 1975 with a Masters of Social Work from the University of Washington, Seattle, Washington; and  WHEREAS, Joe Valentine worked in various capacities from 1978 to 1991 for the Washington State Department of Social and Health Services in the greater Seattle area; and  WHEREAS, Joe Valentine worked in various capacities from 1991 to 1999 for the Snohomish County Human Services Department in the greater Seattle area; and  WHEREAS, Joe Valentine worked in various capacities from 1999 to 2005 for the Seattle Human Services Department as Deputy Director and as Acting Director; and  WHEREAS, Joe Valentine served as Adjunct College Instructor for Western Washington University from 1991 to present in Human Services; and  WHEREAS, Joe Valentine was appointed Department Director for the Contra Costa Community Services Department in August 2005; and  WHEREAS, Joe Valentine was appointed as Department Director for the Contra Costa Employment and Human Services Department in September 2006 with a mission to merge Community Services with Employment and Human Services; and  WHEREAS, Joe Valentine carried forward a vision and strategic plan for a merged department that:  Provided effective leadership to the second largest Department in Contra Costa County; Managed and balanced complex budgets that exceeded $400 million annually; Implemented business systems to automate and streamline operations and improve customer service; Ensured 100% enrollment for Head Start slots; Developed a strong management team; Built effective strategic community partnerships; Served on various boards and committees to provide leadership in social services policy at the State level; Learned the intricacies of work done by the Department through job shadowing and ride-a-longs with staff; WHEREAS, Joe Valentine will be returning to the Seattle, Washington area as the Executive Director of the North Sound Mental Health Administration; NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors honors and thanks Joe Valentine for his years of dedicated service to Contra Costa County .  ___________________ MARY N. PIEPHO Chair,  District III Supervisor   ______________________________________ JOHN GIOIA GAYLE B. UILKEMA 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:    April  3, 2012    David J. Twa,    By: ____________________________________, Deputy RECOMMENDATION(S): DECALRE vacant the District 1 Public Sector Seat on the Contra Costa County Economic Opportunity Council (EOC) previously held by Delphine Smith due to lack of attendance and DIRECT the Clerk of the Board to post the vacancy, as recommended by Supervisor Gioia. FISCAL IMPACT: None. BACKGROUND: The functions of the Economic Opportunity Council include: To participate in, and advise the Board of Supervisors regarding the selection of the Director. To exercise all powers delegated to it by the Board of Supervisors. To hold public hearings to determine overall program goals for the EOC. To review fiscal and programmatic reports submitted by staff and the performance of Community Services Block Grant contractors and the Weatherization program services. To select its officers and appoint members to EOC Committees. To make recommendations to the Board of Supervisors APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Kate Rauch 510-374-3231 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: C.19 To:Board of Supervisors From:John Gioia, District I Supervisor Date:April 3, 2012 Contra Costa County Subject:Declare Vacant the District 1 Public Sector Seat on the Economic Opportunity Council and Post the Seat Vacant. BACKGROUND: (CONT'D) on all program proposals and budgets related to Community Services Block Grant and the Weatherization program. To require and receive budget and other reports prepared by staff every other month along with an Annual Report in September. Delphine Smith hasn't attended a meeting in eight months, and most of these absences have been without notifying the EOC staff, including responding to emails or voicemail messages. Ms. Smith told Supervisor Gioia in summer 2011 she has transportation problems which made it difficult to attend meetings, but wanted to try to continue to serve, but hasn't been successful in this. The term expires on 6/30/12. CONSEQUENCE OF NEGATIVE ACTION: The Supervisor would not be able to recruit for a replacement and it would be difficult for the Economic Opportunity Council to conduct business. CHILDREN'S IMPACT STATEMENT: None. RECOMMENDATION(S): APPOINT Junie Tate Sugar to the North Richmond resident seat of the North Richmond Advisory Council (NRMAC) for a term expiring on December 31, 2014, as recommended by Supervisor Gioia: Junie Tate Sugar 1521 Seventh Street Richmond, CA 94801 FISCAL IMPACT: None. BACKGROUND: The North Richmond Advisory Council (NRMAC) was established to advise the Board on: 1. Services which are or may be provided to the North Richmond Community APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Luz Gomez 510-374-3231 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: C.20 To:Board of Supervisors From:John Gioia, District I Supervisor Date:April 3, 2012 Contra Costa County Subject:Appoint Junie Tate Sugar to the North Richmond Resident Seat of the North Richmond Municpal Advisory Council (NRMAC). BACKGROUND: (CONT'D) by the County or other local governmental agencies. Such services include, but are not limited to, public health, safety, welfare, public works and planning. 2. The feasibility of organizing the existing special districts serving the North Richmond community in order to more efficiently provide public services such as, but not limited to, water, sewer, fire, parks and recreation, and infrastructure improvements. The Council may: 1. Represent the North Richmond community before the Local Agency Formation Commission on proposed boundary changes affecting the community. 2. Represent the North Richmond community before the County Planning Commission(s) and the Zoning Administrator on land use and other planning matters affecting the community. In this regard, the Council shall cooperate with other planning advisory bodies in the North Richmond County area in order to avoid duplication and delay in the planning process. 3. Provide input and reports to the Board, County staff or any County hearing body on issues of concern to the North Richmond community. It is understood that the Board is the final decision-making authority with respect to issues concerning the North Richmond community and that the Council shall serve solely in an advisory capacity. Except as specified above, the Council may not represent the North Richmond community to any State, County, city special district or school district, agency or commission, or any other organization on any matter concerning the community. Supervisor Gioia recruits for his advisory board appointees in a variety of ways including through the traditional media and his website, newsletters and eblasts. After revieiwing the applications, Supervisor Gioia selected Junie Tate Sugar to serve in this capacity (application attached). Ms. Sugar, a North Richmond resident, has a background in community work as an HIV educator in Contra Costa County. Her term is to be coterminus with the Supervisor and expires on December 31, 2014. CONSEQUENCE OF NEGATIVE ACTION: The position will remain unfilled. CHILDREN'S IMPACT STATEMENT: None. ATTACHMENTS Application Junie Tate Sugar RECOMMENDATION(S): ACCEPT resignation of Tom Quinn, DECLARE a vacancy in Labor Seat #3 on the Workforce Development Board, and DIRECT the Clerk of the Board to post the vacancy, as recommended by the Employment and Human Services Director. FISCAL IMPACT: None BACKGROUND: Mr. Quinn was appointed to this position on June 28, 2011 with a term ending June 30, 2014. His resignation was approved by the Executive committee of the Workforce Development Board (WDB) on March 14, 2012. CONSEQUENCE OF NEGATIVE ACTION: The WDB will be unable to fill this position in a timely manner CHILDREN'S IMPACT STATEMENT: None APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Earl Maciel 3-1648 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: C.21 To:Board of Supervisors From:Joe Valentine, Employment & Human Services Director Date:April 3, 2012 Contra Costa County Subject:Accept the Resignation of Tom Quinn from the Workforce Development Board RECOMMENDATION(S): APPOINT the following individual to the Member 2 Alternate seat on the Tri-Delta Transit Authority Board of Directors to a term expiring December 31, 2014, as recommended by Supervisor Piepho: Michael Daugelli 4416 Wolf Way Antioch, CA 94531 FISCAL IMPACT: None. BACKGROUND: The Tri-Delta Transit Authority Board of Directors was formed in 1977 as a Joint Powers Agency (JPA) consisting of the cities of Antioch, Brentwood, Pittsburg and the county of Contra Costa. Oakley incorporated as a city and joined in 1999. Eastern Contra Costa Transit APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: LEA CASTLEBERRY, 925-240-7260 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: C.22 To:Board of Supervisors From:Mary N. Piepho, District III Supervisor Date:April 3, 2012 Contra Costa County Subject:APPOINTMENT TO THE TRI-DELTA TRANSIT AUTHORITY BOARD OF DIRECTORS BACKGROUND: (CONT'D) Authority is governed by an eleven-member board of directors composed of two appointed by each of the mayors of Antioch, Brentwood, Oakley, and Pittsburg, two appointed by the Contra Costa County Board of Supervisors, and one member at large. The Member 2 Alternate seat was vacated on February 28, 2012. Applications were accepted and the recommendation to appoint the above individual was then determined. CONSEQUENCE OF NEGATIVE ACTION: The seat will remain unfilled. CHILDREN'S IMPACT STATEMENT: None. RECOMMENDATION(S): APPOINT the following individual to the Appointee 1 seat on the County Service Area P-2A Citizens Advisory Committee to a term expiring December 31, 2012, as recommended by Supervisor Piepho: Janet Smith 51 Live Oak Lane Danville, CA 94506 FISCAL IMPACT: None. BACKGROUND: Established on July 24, 1984 by Board Resolution 84/440, the purpose of theCounty Service Area P-2A Citizens Advisory Committee is to advise the Board of Supervisors and the Sheriff's Department on the needs of the Blackhawk community for extended police services which APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: LEA CASTLEBERRY, 925-240-7260 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: C.23 To:Board of Supervisors From:Mary N. Piepho, District III Supervisor Date:April 3, 2012 Contra Costa County Subject:APPOINTMENT TO COUNTY SERVICE AREA P-2A CITIZEN ADVISORY COMMITTEE BACKGROUND: (CONT'D) includes, but is not limited to, enforcement of the State Vehicle Code, crime prevention, letter control, etc. The committee consists of seven member, appointed by the Board of Supervisors, who serve for a two year term. The Appointee 1 seat was vacated on February 28, 2012. Applications were accepted the recommendation to appoint the above individual was then determined. CONSEQUENCE OF NEGATIVE ACTION: The seat will remain unfilled. CHILDREN'S IMPACT STATEMENT: None. RECOMMENDATION(S): APPOINT the following individual to the District III seat on the Fish and Wildlife Committee to a term expiring February 1, 2013, as recommended by Supervisor Piepho: Kevin "Mac" McIIvenna 4512 Pony Court Antioch, CA 94531 FISCAL IMPACT: None. BACKGROUND: The Fish and Wildlife Committee advises the Contra Costa County Board APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: LEA CASTLEBERRY, 925-240-7260 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: C.24 To:Board of Supervisors From:Mary N. Piepho, District III Supervisor Date:April 3, 2012 Contra Costa County Subject:APPOINTMENT TO THE FISH AND WILDLIFE COMMITTEE BACKGROUND: (CONT'D) of Supervisors on fish and wildlife issues that may affect the County. It makes recommendations to the Board for the expenditure of funds from the Fish and Wildlife Propagation Fund pursuant to Fish and Game Code Section 13103. It addresses issues surrounding the enforcement of fish and game laws and regulations in the County. The Fish and Wildlife Committee has ten regular positions, five nominated by individual members of the Board of Supervisors, four “At-Large” positions and one “Alternate to At-Large” position nominated by the Internal Operations Committee of the Board of Supervisors. The Internal Operations Committee considers applications from all interested individuals even when an existing At-Large member or an existing Alternate to At-Large member seeks reappointment. The Internal Operations Committee requests recommendations from the Fish and Wildlife Committee on appointments to At-Large and Alternate to At-Large positions. This seat was vacated on September 13, 2011. Applications were accepted and the recommendation to appoint the above individual was then determined. CONSEQUENCE OF NEGATIVE ACTION: The seat will remain unfilled. CHILDREN'S IMPACT STATEMENT: Not applicable. RECOMMENDATION(S): APPOINT the following individual to the District III seat on the Aviation Advisory Committee to a term expiring March 1, 2015, as recommended by Supervisor Piepho: Ron Reagan 121 Palm Place Brentwood, CA 94513 FISCAL IMPACT: None. BACKGROUND: The Aviation Advisory Committee (AAC) was established by the Board of Supervisors to provide advice and recommendations to the Board of Supervisors on the aviation issues related to the economic viability and security of airports in Contra Costa County. The AAC is mandated to cooperate with local, state, and national aviation APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: LEA CASTLEBERRY, 925-240-7260 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: C.25 To:Board of Supervisors From:Mary N. Piepho, District III Supervisor Date:April 3, 2012 Contra Costa County Subject:APPOINTMENT TO THE AVIATION ADVISORY COMMITTEE BACKGROUND: (CONT'D) interests for the safe and orderly operation of airports; advance and promote the interests of aviation; and protect the general welfare of the people living and working near the airport and the County in general. The AAC may initiate discussions, observations, or investigations and may hear comments on airport and aviation matters from the public or other agencies in order to formulate recommendations to the Board. In conjunction with all of the above, the AAC provides a forum for the Director of Airports regarding policy matters at and around the airport. The AAC is composed of 11 members who must be County residents: one appointed by each Supervisor; one from and nominated to the Board by the City of Concord; one from and nominated to the Board by the City of Pleasant Hill; one from and nominated to the Board by Diablo Valley College; one from and nominated to the Board by the Contra Costa County Airports Business Association; and two at large to represent the generally community, to be nominated to the Internal Operations Committee by the Aviation Advisory Committee. At least one of the above shall be a member of the Airport Land Use Commission. Terms for AAC seats are three years ending each March 1. The seat expired March 1, 2012. Applications were accepted and the recommendation to appoint the above individual was then determined. CONSEQUENCE OF NEGATIVE ACTION: The seat will remain unfilled. CHILDREN'S IMPACT STATEMENT: Not applicable. RECOMMENDATION(S): APPOINT Kristine Solseng to the Board of Supervisors seat and Hale Kronenberg to the Board of Supervisors-Public Member seat, on the Oversight Board of the El Cerrito Redevelopment Successor Agency. FISCAL IMPACT: No fiscal impact. BACKGROUND: On February 1, 2012, local redevelopment agencies were eliminated by the passage Assembly Bill x1 26. Generally, the county or city in which the former redevelopment agency operated became the successor agency charged with closing out the remaining activities and obligations of the former redevelopment agency. Each successor agency operates under the direction of an oversight board, which the State mandates be established with a membership composition described in statute. Each oversight board is an independent decision-making body with a fiduciary responsibility to holders of enforceable obligations of each former city redevelopment agency as well as governmental taxing entities that remain within APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Terrance Cheung, 510-374-3231 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: C.26 To:Board of Supervisors From:John Gioia, District I Supervisor Date:April 3, 2012 Contra Costa County Subject:APPOINTMENTS TO THE OVERSIGHT BOARD OF THE EL CERRITO REDEVELOPMENT SUCCESSOR AGENCY BACKGROUND: (CONT'D) the former project areas of the each dissolved agency. Each oversight board will be supported by successor agency staff and must comply with the Ralph M. Brown Act, the California Public Records Act, and the Political Reform Act of 1974. The actions of each oversight board will be overseen by the California Department of Finance and may be subject to disapproval or modification. CONSEQUENCE OF NEGATIVE ACTION: Critical appointments required to be made to oversight boards for local city redevelopment successor agencies by the Board of Supervisors will not be made in a timely manner. CHILDREN'S IMPACT STATEMENT: No impact. RECOMMENDATION(S): Approve new medical staff members, advancement to permanent staff, requests for privileges, request to change primary and secondary department and medical staff category, biennial reappointments and resignations as recommended by the Medical Executive Committee at their March 19, 2012 Meeting, and by the Health Services Director. FISCAL IMPACT: None. BACKGROUND: The Joint Commission on Accreditation of Healthcare Organizations has requested that evidence of Board of Supervisors approval for each Medical Staff member will be placed in his or her Credentials File. The above recommendations for appointment/reappointment were reviewed by the Credentials Committee and approved by the Medical Executive Committee. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Anna Roth, 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: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: Tasha Scott, Barbara Borbon, Joanna Fon C.27 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:April 3, 2012 Contra Costa County Subject:Medical Staff Appointments and Reappointments – March 2012 CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, 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. CHILDREN'S IMPACT STATEMENT: Not applicable. ATTACHMENTS G:\C&G DIRECTORY\NON CONTRACTS\2012\BO. March 2012, Page 1-2.doc RECOMMENDATION(S): APPOINT William Swenson to the Board of Supervisors seat and Brian Connelley to the Board of Supervisors-Public Member seat, on the Oversight Board of the Oakley Redevelopment Successor Agency. FISCAL IMPACT: No fiscal impact. BACKGROUND: On February 1, 2012, local redevelopment agencies were eliminated by the passage Assembly Bill x1 26. Generally, the county or city in which the former redevelopment agency operated became the successor agency charged with closing out the remaining activities and obligations of the former redevelopment agency. Each successor agency operates under the direction of an oversight board, which the State mandates be established with a membership composition described in statute. Each oversight board is an independent decision-making body with a fiduciary responsibility to holders of enforceable obligations of each former city redevelopment agency as well APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Lea Castleberry, 925-240-7260 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta , Deputy cc: C.28 To:Board of Supervisors From:Mary N. Piepho, District III Supervisor Date:April 3, 2012 Contra Costa County Subject:APPOINTMENTS TO THE OVERSIGHT BOARD OF THE OAKLEY REDEVELOPMENT SUCCESSOR AGENCY BACKGROUND: (CONT'D) as governmental taxing entities that remain within the former project areas of the each dissolved agency. Each oversight board will be supported by successor agency staff and must comply with the Ralph M. Brown Act, the California Public Records Act, and the Political Reform Act of 1974. The actions of each oversight board will be overseen by the California Department of Finance and may be subject to disapproval or modification. CONSEQUENCE OF NEGATIVE ACTION: Critical appointments required to be made to oversight boards for local city redevelopment successor agencies by the Board of Supervisors will not be made in a timely manner. CHILDREN'S IMPACT STATEMENT: No impact. RECOMMENDATION(S): APPOINT William Hill to the Board of Supervisors seat and Brian Swisher to the Board of Supervisors-Public Member seat, on the Oversight Board of the Brentwood Redevelopment Successor Agency. FISCAL IMPACT: No fiscal impact. BACKGROUND: On February 1, 2012, local redevelopment agencies were eliminated by the passage Assembly Bill x1 26. Generally, the county or city in which the former redevelopment agency operated became the successor agency charged with closing out the remaining activities and obligations of the former redevelopment agency. Each successor agency operates under the direction of an oversight board, which the State mandates be established with a membership composition described in statute. Each oversight board is an APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Lea Castleberry, 925-240-7260 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta , Deputy cc: C.29 To:Board of Supervisors From:Mary N. Piepho, District III Supervisor Date:April 3, 2012 Contra Costa County Subject:APPOINTMENTS TO THE OVERSIGHT BOARD OF THE BRENTWOOD REDEVELOPMENT SUCCESSOR AGENCY BACKGROUND: (CONT'D) independent decision-making body with a fiduciary responsibility to holders of enforceable obligations of each former city redevelopment agency as well as governmental taxing entities that remain within the former project areas of the each dissolved agency. Each oversight board will be supported by successor agency staff and must comply with the Ralph M. Brown Act, the California Public Records Act, and the Political Reform Act of 1974. The actions of each oversight board will be overseen by the California Department of Finance and may be subject to disapproval or modification. CONSEQUENCE OF NEGATIVE ACTION: Critical appointments required to be made to oversight boards for local city redevelopment successor agencies by the Board of Supervisors will not be made in a timely manner. CHILDREN'S IMPACT STATEMENT: No impact. RECOMMENDATION(S): APPROVE Appropriations and Revenue Adjustment No. 5048 transferring appropriations in the amount of $120,520 from capital fund contributions made by the City of Oakley, from the Law Enforcement Communications Fund to the Office of the Sheriff for the purchase of East Bay Regional Communications System-compliant radio equipment. FISCAL IMPACT: This action increases revenue and expenditures by $120,520. The new revenue is from accumulated annual contributions made by the City of Oakley to the County Law Enforcement Capital Projects Fund (105600), which is administered by the Office of the Sheriff. BACKGROUND: The Sheriff's Office has used Motorola for their communications system for over 20 years. The Oakley Police Department received their dispatch communication services from the Sheriff's Office Communications Center and to maintain continuity of this operational relationship, Motorola is the optimal choice for related communications APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Liz Arbuckle 925 335-1529 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Liz Arbuckle C.30 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:April 3, 2012 Contra Costa County Subject:Appropriation Adjustment-Purchase Order Motorola BACKGROUND: (CONT'D) equipment. Motorola has been selected in the past because of reliability and ease of maintenance. Because of the proprietary nature of this equipment, Oakley PD chose to purchase Motorola communications equipment as an extension of the EBRCS P25 digital communication project. CONSEQUENCE OF NEGATIVE ACTION: CHILDREN'S IMPACT STATEMENT: ATTACHMENTS TC24/TC27 Motorola-Oakley2 RECOMMENDATION(S): APPROVE Appropriations and Revenue Adjustment No. 5047 authorizing deferred revenue in the amount of $28,255 and appropriating it to the Office of the Sheriff Civil Unit for the purchase of East Bay Regional Communications System compliant radio equipment. FISCAL IMPACT: This action increases revenue and expenditures by $28,255. The deferred revenue is from the AB 1109 program fees. Section 26746 of the Government Code (AB 1109, Chapter 1330) provides for a $10.00 assessment to be collected from the judgment debtor on each disbursement of money (paid to a judgment creditor) collected under a Writ of Attachment, Execution, Possession, or Sale; excluding all child support obligation action by the District Attorney's Office. BACKGROUND: The Sheriff's Office uses and has used Motorola for their communications system for over 20 years. Motorola has been selected APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Liz Arbuckle 925 335-1529 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.31 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:April 3, 2012 Contra Costa County Subject:Appropriation Adjustment-Purchase Order Motorola BACKGROUND: (CONT'D) in the past because of reliability and ease of maintenance. The Motorola data and radio system used by the Office of the Sheriff is a proprietary system. The APX7000 handheld radio is required for the new P25 Interoperable Radio system currently being installed throughout the County. Although these radios are not proprietary, additional future enhancements to the system can only be accessed through proprietary additions to these radios. CONSEQUENCE OF NEGATIVE ACTION: CHILDREN'S IMPACT STATEMENT: ATTACHMENTS TC24TC27 Motorola Civil RECOMMENDATION(S): ACKNOWLEDGE receipt of report of suspension of competition and direct appointment in the Health Services Department to facilitate return to work of a County employee through the County Rehabilitation Program, as provided for in the Personnel Management Regulations, Section 502, as part of the County Disability Program, as recommended by the Assistant County Administrator - Director of Human Resources. FISCAL IMPACT: There are no additional costs associated with this direct appointment. Costs associated with filling the position are included in the Department's budget. BACKGROUND: Personnel Management Regulations, Section 502, Suspension of Competition, provides that the Director of Human Resources may suspend competition and authorize a direct appointment to merit system positions where use of competitive examination procedures are impractical. It also requires that a report of the suspension of competition be reported to the Board of Supervisors. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Ted Cwiek, (925) 335-1766 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.32 To:Board of Supervisors From:Ted Cwiek, Human Resources Director Date:April 3, 2012 Contra Costa County Subject:Suspension of Competition and Direct Appointment in the Health Services Department BACKGROUND: (CONT'D) In accordance with the above regulations, the Director of Human Resources is authorizing the following direct appointment: Employee #51389 as Clerk - Senior Level (position #8913) in the Health Services Department. Date effective: 2/7/12. Reason: to facilitate return to work of County employee through the County Rehabilitation Program. CONSEQUENCE OF NEGATIVE ACTION: Department would not benefit from the employee's prompt return to work. CHILDREN'S IMPACT STATEMENT: No impact. ATTACHMENTS AK9 for Pos. 8913 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 21070 to increase the hours of one (1) Exempt Medical Staff Optometrist (VPS1) position No. 7769 from 20/40 to 24/40 in the Health Services Department. FISCAL IMPACT: There is an annual cost of approximately $14,145.87, including pension costs of $3,416.18, which is offset by a reduction in straight time overtime. BACKGROUND: The Health Services Department is requesting to increase the hours of one Exempt Medical Staff Optometrist to provide additional optometry support at the Pittsburg Specialty Clinic. The incumbent, Anita Ko, has consistently worked the increased hours for the past year and there is an ongoing need for her to continue with this schedule. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Department will not have sufficient staff coverage to meet the operational needs of the Pittsburg Specialty Clinic, which impacts patient care services. CHILDREN'S IMPACT STATEMENT: Not applicable. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Enid Mendoza, 957-5263 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.33 To:Board of Supervisors From:Ted Cwiek, Human Resources Director Date:April 3, 2012 Contra Costa County Subject:Increase the hours of one Exempt Medical Staff Optometrist in the Health Services Department ATTACHMENTS P-300 #21070 POSITION ADJUSTMENT REQUEST NO. 21070 DATE 3/16/2012 Department No./ Department Health Services Budget Unit No. 0860 Org No. 6380 Agency No. A18 Action Requested: Increase the hours of one (1) Exempt Medical Staff Optometrist (VPS1) position, No. 7769, from 20/40 to 24/40 in the Health Services Department. Proposed Effective Date: 4/4/2012 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: Estimated total cost adjustment (salary / benefits / one time): Total annual cost $14,146.00 Net County Cost $0.00 Total this FY $3,536.00 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT EFI - Offset by overtime Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Enid Mendoza ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Dorothy Sansoe 3/27/2012 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE Exempt from HR Review 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 3/27/2012 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Dorothy Sansoe Other: __Approve Department Request_______________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 REQUEST FOR PROJECT POSITIONS Department Date 3/27/2012 No. xxxxxx 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year-to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support 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): APPROVE and AUTHORIZE the Employment and Human Services Department Director, or designee, to apply for and accept funding from the Contra Costa Transportation Authority, Lifeline Transportation Program grant in an amount not to exceed $130,000 for the Keeping Employment Equals Your Success (KEYS) program for an 18-month period to begin upon grant award. FISCAL IMPACT: County to receive up to $130,000 from the Contra Costa Transportation Authority, Lifeline Transportation Program grant. Match $130,000, California Work Opportunity and Responsibility for Kids (CalWORKs) Single Allocation, 85% Federal, 15% State. BACKGROUND: The Keeping Employment Equals Your Success (KEYS) transportation program makes it possible for fully employed CalWORKs clients with both transportation and credit challenges to apply for and receive low-interest vehicle loans. The KEYS program has served 97 CalWORKs clients over the last nine (9) years APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Elaine Burres, 313-1717 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.34 To:Board of Supervisors From:Joe Valentine, Employment & Human Services Director Date:April 3, 2012 Contra Costa County Subject:Contra Costa Transportation Authority, Lifeline Transportation Grant Funding, KEYS Program BACKGROUND: (CONT'D) through the Department's long standing partnership with the Contra Costa Federal Credit Union. The Contra Costa Federal Credit Union works with the Department to identify, review, and grant loans to approved CalWORKs recipients. The KEYS program has achieved a 91% loan repayment rate over the program duration. Additionally, the Department regularly receives feedback and testimonials from KEYS clients expressing their gratitude for the program and how having an automobile has positively changed their lives and that of their families as they continue to strive toward self sufficiency. The grant funding will provide the Employment and Human Services Department the ability to increase the individual secured low interest loan amounts from $4,000 to $5,500 as the prices of used cars have increased during the economic recession. (#29-337-0) CONSEQUENCE OF NEGATIVE ACTION: Without grant funding, the KEYS program would not continue or expand services to meet the needs of CalWORKs clients. CHILDREN'S IMPACT STATEMENT: The grant supports two of the community outcomes established in the Children's Report Card, (3) "Families that are Economically Self Sufficient" and (4) "Families that are Safe, Stable and Nurturing" by facilitating the means to acquire safe, reliable transportation for CalWORKS individuals and their families. RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Department Director, or designee, to apply for and accept funding from the Contra Costa Transportation Authority, Lifeline Transportation Program grant in an amount not to exceed $277,491 for the Rides-to-Success program for a 3-year period to begin upon grant award. FISCAL IMPACT: County to receive up to $277,491 from the Contra Costa Transportation Authority, Lifeline Transortation Program grant. Match $277,491; 58% California Work Opportunity and Responsibility for Kids (CalWORKs) Single Allocation (85% Federal, 15% State) and 42% In-kind. BACKGROUND: The grant funding will provide the Employment and Human Services Department (EHSD) the ability to reinstitute the Rides-To-Success program which was extremely successful providing transportation services to CalWORKs clients for work related activities. The program was operational from 2006 through 2008 and provided approximately 16,000 rides to CalWORKS recipients during APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Elaine Burres, 313-1717 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: C.35 To:Board of Supervisors From:Joe Valentine, Employment & Human Services Director Date:April 3, 2012 Contra Costa County Subject:Contra Costa Transportation Authority, Lifeline Transportation Grant Funding, Rides To Success Program BACKGROUND: (CONT'D) that period. The Rides-To-Success program was administered with grant funding and CalWORKs Single Allocation funding. With the necessary reduction of County General Fund, all discretionary Welfare-to-Work programs, including Rides-To-Success, ended by June 30, 2010. Receipt of the grant funds will allow the reinstitution of the Rides-To-Success program providing up to 14,000 for CalWORKs recipients. If granted, EHSD expects to serve approximately 400 CalWORKs clients in the 3-year period following the award of the grant dollars. The award is anticipated in Fall 2012/Winter 2013. EHSD plans to streamline the Rides-To-Success program to minimize staffing costs by utilizing the process implemented for the taxi service under the Short-Term, Non-Recurrent Benefits of the the American Recovery and Reinvestment Act (ARRA) Temporary Assistance to Needy Families (TANF) Emergency Contingency Fund (ECF). Under the Special ARRA ECF transportation program, EHSD issued taxi vouchers to approved CalWORKs clients for their transportation use in attending work or work-related activities. CONSEQUENCE OF NEGATIVE ACTION: Without grant funding, the Rides-To-Success program would not continue or expand services to meet the needs of the CalWORKs clients. CHILDREN'S IMPACT STATEMENT: The grant supports two of the community outcomes established in the Children's Report Card, (3) "Families that are Economically Self Sufficient" and (4) "Families that are Safe Stable and Nurturing" by providing a method of transportation for CalWORKs clients to attend work or work-related activities. RECOMMENDATION(S): APPROVE and AUTHORIZE the Librarian, or designee, to apply for and accept a grant in the amount of $5,000 from the San Pablo Community Foundation to provide health and wellness library programs for the period of July 1, 2012 through May 30, 2013. FISCAL IMPACT: No library fund match. BACKGROUND: The San Pablo Community Foundation funds projects that make the San Pablo community more livable, safer, and healthier. The San Pablo Library received grants from the San Pablo Community Foundation in 2008 and 2010. In 2010, 52% of San Pablo school children were obese or overweight. Obesity is associated with increased rates of cardiovascular disease, cancer, and diabetes. A 2011 report by Contra Costa APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Cathy Sanford 927-3228 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: C.36 To:Board of Supervisors From:Barbara Flynn, County Librarian Date:April 3, 2012 Contra Costa County Subject:Approve and Authorize the Librarian, or Designee, to apply for and accept a grant in the amount of $5,000 from the San Pablo Community Foundation. BACKGROUND: (CONT'D) Health Services calls for educating San Pablo residents on the importance of eating well and exercising. From September 2012 to May 2013, the library will offer a variety of programs that encourage families to get active and make healthy choices, including monthly movement-based or healthy eating programs for families at the library, and enhanced library collections for children on exercise, health, and nutrition. Health and wellness programs at the San Pablo Library will provide simple, hands-on demonstrations of healthy activities and support the Health Element of the City of San Pablo’s 2011 General Plan. CONSEQUENCE OF NEGATIVE ACTION: The Library will not implement the project. CHILDREN'S IMPACT STATEMENT: This project will promote nutrition, exercise, and healthy choices among families in San Pablo, thereby supporting the following outcome established in the Children’s Report Card: Children and Youth Healthy and Preparing for Productive Adulthood. RECOMMENDATION(S): APPROVE and AUTHORIZE the Librarian, or designee, to apply for and accept a grant in the amount of $1,000 from Pleasant Hill Community Foundation for a One City, One Book event for Pleasant Hill community members organized by Pleasant Hill Library for the period September 1, 2012 through December 31, 2012. FISCAL IMPACT: No library fund match. BACKGROUND: Love of reading is an indicator of success in school, work, and in life. By providing books and reading-related events for community members of all ages, the library promotes reading for recreation and life-long learning. The Pleasant Hill Library will use funds from the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Cathy Sanford, 927-3228 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta , Deputy cc: C.37 To:Board of Supervisors From:Barbara Flynn, County Librarian Date:April 3, 2012 Contra Costa County Subject:Approve and Authorize the Librarian, or Designee, to apply for and accept a grant in the amount of $1,000 from Pleasant Hill Community Foundation. BACKGROUND: (CONT'D) Pleasant Hill Community Foundation Grant to create a city-wide, month-long celebration that promotes reading and community relationship building with a One City, One Book program. This program will feature a series of events within the month of October that will appeal to families, individuals, children, teens, and adults, including a book discussion group for adults and a book carnival for families at the library. Additional events will occur throughout the city in partnership with local schools and community organizations, and free copies of the selected book will be distributed to students at Pleasant Hill schools. One City, One Book promotes a love of reading for all ages and provides a unifying activity for citizens of Pleasant Hill. CONSEQUENCE OF NEGATIVE ACTION: The library will implement the proposal with funds secured from other community organizations such as the Friends of the Pleasant Hill Library. CHILDREN'S IMPACT STATEMENT: This project will promote literacy, language development, and reading readiness among school-age children, thereby supporting an outcome established in the Children’s Report Card: Children Ready for and Succeeding in School. RECOMMENDATION(S): APPROVE and AUTHORIZE the County Librarian, or designee, to apply for and accept a grant in the amount of $500 from Asian/Pacific American Library Association to provide materials and services at the Dougherty Station Library for the period of September 1, 2012 through September 30, 2012. FISCAL IMPACT: No library fund match. BACKGROUND: Talk Story grant funds will allow Dougherty Station Library (San Ramon) to acquire children’s bilingual books (English and Chinese), and to present two Family Storytimes and crafts to promote Chinese culture and language. Library collections and storytimes presented will reflect the community demographics. Storytimes are well attended by the San Ramon community. Programs, crafts, and additions to the collection as a result of the grant will be available to all. CONSEQUENCE OF NEGATIVE ACTION: If the funds are not received then the library will not be able to offer materials and services to promote Chinese culture and language. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Gail McPartland, 925-927-3204 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: C.38 To:Board of Supervisors From:Barbara Flynn, County Librarian Date:April 3, 2012 Contra Costa County Subject:Apply for and Accept a Grant in the amount of $500 from “Talk Story: Sharing Stories, Sharing Cultures,” Asian/Pacific American Library Association CHILDREN'S IMPACT STATEMENT: The Talk Story grant meets the community outcome of families that are safe, stable and nurturing. The Talk Story program promotes early literacy skills and cultural literacy through family programming and library materials. The American Library Association notes that the Family Talk programs create positive family experiences and develop greater respect for culture, history and traditions among participants. RECOMMENDATION(S): APPROVE and AUTHORIZE the Librarian, or designee, to apply for and accept a California Reads Application for Additional Grant Funds from the California Council for the Humanities in the amount of $2,000 for materials and programming in West County and Martinez libraries for the period January 1, 2012 through November 30, 2012. FISCAL IMPACT: No library fund match. BACKGROUND: The Board of Supervisors approved the original California Reads Grant application on November 15, 2011. This is a request for supplemental funds from the California Council for the Humanities. California Reads is a state-wide initiative of the California Council for the Humanities and the California Center for the Book. The purpose of the grant is to bring diverse communities together through books and to engage Californians in challenging dialogue around the theme of searching for democracy. The California Reads grant programs demonstrate the power of the humanities to inspire the public and showcase public libraries as active centers of community life. The supplemental APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Gail McPartland, 925-927-3204 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: C.39 To:Board of Supervisors From:Barbara Flynn, County Librarian Date:April 3, 2012 Contra Costa County Subject:Approve and Authorize the Librarian, or Designee, to Apply for and Accept a Grant in the Amount of $2,000 from California Council for the Humanities BACKGROUND: (CONT'D) grant will provide 200 copies of Farewell to Manzanar by Jeanne Wakatsuki Houston to be distributed at community sites, middle and high schools and the Martinez Library. The additional funding will provide speakers fees for Mrs. Houston to appear at the Hercules Library, as well as curriculum and other support materials for West County and Martinez Libraries. CONSEQUENCE OF NEGATIVE ACTION: The library will not be able to provide cultural and reading enrichment programming to students and communities in West County and Martinez. CHILDREN'S IMPACT STATEMENT: The California Reads grant meets outcomes #1, #2 and #5 established in the Children’s Report Card. Funding from the grant will provide curriculum support for middle and high school students to help them succeed in school and programming that will prepare them for adulthood in a democratic society. Grant funding will provide a high quality of cultural programming and promote civic engagement among youth and families. RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to apply for and accept State of California Department of Community Services and Development funding in an amount not to exceed $100,000 for the Community Services Block Grant, Targeted Initiatives and Innovative Projects, for the period June 15, 2012 through June 30, 2013. FISCAL IMPACT: County to receive up to $100,000 from State of California Department of Community Services and Development, 100% State, No County match. BACKGROUND: The Department of Community Services and Development administers the U. S. Department of Health and Human Services Community Services Block Grant (CSBG) and is the state-level partner with a network of local service partners, both public and private, dedicated to assisting low-income Californians in achieving self-sufficiency. This grant is designed to provide a range of services to assist low-income families and individuals in attaining the skills, knowledge and APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Elaine Burres, 313-1717 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: C.40 To:Board of Supervisors From:Joe Valentine, Employment & Human Services Director Date:April 3, 2012 Contra Costa County Subject:State of California Department of Community Services and Development, Communtiy Services Block Grant funding BACKGROUND: (CONT'D) motivation necessary to achieve self-sufficiency. The overall intended benefits of CSBG funded projects are to strengthen local service provider and provide the opportunity to implement innovative programs that benefit individuals, families and communities. The Employment nd Human Services Department, Community Services Bureau, will provide new and innovative direct client services in the areas of education and/or employment to contribute and encourage low-income families and individuals in obtaining and sustaining self-sufficiency. CONSEQUENCE OF NEGATIVE ACTION: Without funding, the Employment and Human Services Department, Community Services Bureau, would not be able to design and implement programs to support innovative or new direct client services. CHILDREN'S IMPACT STATEMENT: The grant funding will support two of the community outcomes established in the Children's Report Card: (3) "Families that are Economically Self Sufficient" and (4) "Families that are Safe, Stable and Nurturing" by providing innovative services to assist families toward self sufficiency. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Interagency Agreement #28–325-1 with Mt. Diablo Unified School District, a government agency, to pay County an amount not to exceed $4,856,378, to provide residential and school-based day treatment and mental health services, for the period from July 1, 2011 through June 30, 2012. FISCAL IMPACT: Approval of this Interagency Agreement will result in a total payment to the County not to exceed $4,856,378. (No County match required) BACKGROUND: Effective January 1, 2011, educational organizations assumed fiscal responsibility for providing Educationally-Related Mental Health Services (ERMHS), formerly provided under AB 3632, to students who are residing in local and out-of-state residential facilities and students who receive outpatient services in schools and County-operated clinics. Mt. Diablo Unified School District, acting as a designated Special Education Local Plan Area (SELPA) Administrative Unit, will APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Cynthia Belon, 957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: A Down, D Gary C.41 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:April 3, 2012 Contra Costa County Subject:Interagency Agreement #28–325-1 with Mt. Diablo Unified School District BACKGROUND: (CONT'D) contract with County for mental health services for in-state residential facilities case management services, to include travel and expenses, and outpatient mental health services through subcontracts with community based organizations that currently provide these services to eligible students. This Contract is a renewal of the previous six-month contract. The amount of funding has doubled because of the 12 month term beginning July 1, 2011. This contract request did not go forward July 1, because the MOU was not developed between the County’s SELPA Administrative Units and County’s Mental Health Division during this transitional year. Further, terms of the allocation of AB 100 funding had not been agreed upon by the parties. Under Interagency Agreement #28–325-1, Agency will pay County for the provision of residential and school-based day treatment and mental health services, through June 30, 2012, including mutual indemnification to hold harmless both parties for any claims arising out of the performance of this Contract. CONSEQUENCE OF NEGATIVE ACTION: If this agreement is not approved, Agency will not pay County for residential and school-based day treatment and mental health services, so special education students within the Mt. Diablo Unified School District will not receive the mental health services that they need, and as a result, may require treatment at a higher level of service. 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 his designee, to execute, on behalf of the County, Standard Agreement (Amendment) #29-502-30 (07-NNA07, V1), with the State Department of Alcohol and Drug Programs, effective January 1, 2012, to amend Standard Agreement #29-502-29 , to reflect a decrease in the State General Funds, to County, for fiscal year 2011-2012 by 1,223,525, from $10,987,806, to a new payment limit of $9,764,281, and for fiscal year 2012-2013, by $3,736,577, from 10,987,806 to new payment limit of $7,004,595, for a new three year total amount of $28,003,316, with no change in the original term of July 1, 2010 through June 30, 2013. FISCAL IMPACT: Approval of this (Amendment) agreement will decrease State General Funds by $1,223,525 funds for fiscal year 2011-2012 and decrease fiscal year 2012-2013 by $3,736,577 from the State Department of Alcohol and Drug Programs. No change in the required County match for this Agreement. Funding for this Contract is included in the Department’s fiscal year 2011-12 and 2012 -2013 budget, of this three year Agreement. Based on current Medical claiming levels, no budgetary impact is expected from this amendment. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Haven Fearn (925) 335-3340 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: J Pigg, D Gary C.42 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:April 3, 2012 Contra Costa County Subject:Amendment #29-502-30 with the State of California, Department of Alcohol and Drug Programs BACKGROUND: The Standard Agreement #29-502 is a combined Negotiated Net Amount (NNA) and Drug/Medi-Cal contract. The NNA Agreement (effective July 1, 2010 through June 30, 2013) requires counties to provide Drug/Medi-Cal services up to their full State General Fund allocation for Drug/Medi-Cal match. If the required services exceed the allocation, counties may access Drug/Medi-Cal reserve set aside for this purpose. On June 22, 2010, the Board of Supervisors approved Standard Agreement #29-502-29 with the State Department of Alcohol & Drug Programs, for the period from July 1, 2010 through June 30, 2013, to provide Alcohol and Other Drug Services. Approval of this Standard (Amendment) Agreement #29-502-30 reflects a decrease in the anticipated fiscal years 2011-2012 and 2012-2013 State funding allocation and will make technical adjustments to the exhibits allowing continuation of the Substance Abuse services, Prevention and Treatment Program, through June 30, 2013. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, sufficient authorization and appropriation of Drug Medi-Cal funds to Alcohol and Drug Programs budget authority will be denied and a reduction of DMC funding will be made to the Agreement. CHILDREN'S IMPACT STATEMENT: NOT APPLICABLE ATTACHMENTS G:\C&G DIRECTORY\C&G FILES\INCOMING\29-000\9502-30. att.doc Fiscal Year Amendment 29-502-30 Change (realigned funds) 10-11 $ 11,234,440 $ 0 11-12 $ 9,764,281 $ 1,223,525 12-13 $ 7,004,595 $ 3,736,577 Total $ 28,003,316 $ 4,960,102 RECOMMENDATION(S): Approve and authorize the Health Services Director or his designee, to execute, on behalf of the County, Grant Award #28-798-2 (CA0189B9T051003) from the United States Department of Housing and Urban Development (HUD) to receive McKinney-Vento funding, payable to County in an amount not to exceed $177,477, for the Permanent Connections Supportive Housing Program, for the period from July 1, 2011 through June 30, 2012. FISCAL IMPACT: This grant will result in $177,477 of funding from HUD, with a 20% match from the Department of Health and Human Services for the Permanent Connections Supportive Housing Program. No additional County match required. BACKGROUND: Permanent Connections Supportive Housing is scattered housing sites for homeless, transition-age youth, between the ages of eighteen (18) and twenty-four (24) with disabilities. Ten (10) units are set aside for youth, who are disabled by mental illness, substance abuse, HIV/AIDS, or dual/multiple diagnoses and the program is designed to provide on-going supportive services APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Cynthia Belon (925) 957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: J Pigg, D Gary C.43 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:April 3, 2012 Contra Costa County Subject:Grant Award #28-798-2 from the United States Department of Housing and Urban Development (HUD) BACKGROUND: (CONT'D) with an emphasis on families maintaining their permanent, safe, and affordable housing. Approval of Grant Award #28-798-2 will allow the County to perform all responsibilities in relation to receipt of the funding for the Permanent Connections Supportive Housing Program through June 30, 2012. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County will not receive funding to support the Permanent Connections Supportive Housing Program. CHILDREN'S IMPACT STATEMENT: NOT APPLICABLE RECOMMENDATION(S): Approve and Authorize the Health Services Director or his designee, to execute, Grant Award #28-671-9 (CA0183B9T051003) with the United States Department of Housing and Urban Development (HUD), to receive Mckinney-Vento funding payable to County in an amount not to exceed $290,355, to perform all responsibilities in relation to receipt of the funding for the operations of the FERST multi-service centers, during fiscal year 2011-2012. FISCAL IMPACT: The funding requested of HUD will help to continue basic needs, counseling, and information and referrals services for families and individuals throughout the County. The 20% match requirement will be met in-kind through Homeless Program projects that are currently appropriated. No additional County match required. BACKGROUND: The FERST program is critical to meeting the County’s need for multi-service center (MSC) entry points into the Continuum of Care. FERST provides front-line access to case management and a full range APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Cynthia Belon (925) 957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: J Pigg, D Gary C.44 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:April 3, 2012 Contra Costa County Subject:Grant Award #28-671-9 with the United States Department of Housing and Urban Development (HUD) BACKGROUND: (CONT'D) of housing and service options for over 950 homeless family members and individuals per year. The comprehensive range of services includes: • 24-hour access to the toll-free homeless hotline • Street outreach • Immediate referral services • Basic needs such as showers, personal hygiene items, voicemail, phones, food, clothing • Transportation vouchers • Employment assistance Approval of Grant Award #28-671-9 will allow the County to receive funds for continuation of the Continuum of Care through June 30, 2012. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County will not receive funding to support the operations of the FERST multi-service centers. CHILDREN'S IMPACT STATEMENT: NOT APPLICABLE RECOMMENDATION(S): Approve and authorize the Health Services Director or his designee, to execute, on behalf of the County, Grant Award #28-737-2 (CA 0191B9T051003) from Department of Housing and Urban Development Homeless (HUD) Assistance funds payable to the County in an amount not to exceed $513,028, for the Project Coming Home (PCH) –Addressing Addiction to Alcohol (AAA) Program, for the period from June 1, 2011 through May 31, 2012. FISCAL IMPACT: Approval of the Grant Award will result in an amount not to exceed $513,028, payable to County, from HUD through Homeless Assistance funds authorized through the McKinney-Vento Act. (No County match required) BACKGROUND: This agreement will enhance Contra Costa County’s Project Coming Home (PCH), a Chronic Homelessness Initiative-funded project, that provides integrated outreach, treatment, housing and support services for people who are chronically homeless. This enhancement / PCH–Addressing Addictions to Alcohol (AAA) targets housing and services to chronically homeless APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Cynthia Belon (925) 957-5201 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: J Pigg, D Gary C.45 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:April 3, 2012 Contra Costa County Subject:Grant Award #28-737-2 from Dept of Housing and Urban Development (HUD) funding for the operation of Project Coming Home – BACKGROUND: (CONT'D) individuals who have a long-term addiction to alcohol and will strengthen and formalize PCH’s linkages with the County’s law enforcement and court system. This project provides rental subsidies for scattered-site, one-bedroom apartments throughout Contra Costa County. PCH-AAA includes: 1) identification of chronically homeless serial inebriates through outreach to encampments and through collaboration with law enforcement agencies and the courts; 2) assessment and stabilization of chronically homeless serial inebriates on a case-by-case basis through programs such as residential treatment, detoxification or jail diversion programs; 3) client placement into permanent housing; and 4) provision of appropriate supports including alcoholism treatment services, assistance in accessing mainstream benefits, and other relevant services. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County will not receive funding to support the Project Coming Home (PCH) –Addressing Addiction to Alcohol (AAA) Program. CHILDREN'S IMPACT STATEMENT: NOT APPLICABLE RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a contract amendment with Intelegy Corporation to extend the term of the contract from May 31, 2012 to December 31, 2012 with no change in the payment limit. FISCAL IMPACT: $371,730 Administrative Overhead, 10% County, 45% State, 45% Federal. No additional funding required for extension. BACKGROUND: The Employment and Human Services Department (EHSD) is enhancing its services delivery model in order to better serve the County's growing population of Medi-Cal, Cal Fresh, and CalWorks clients. A variety of projects are underway to develop new technology solutions and re-engineer business processes, but the efforts require coordination as an overall business strategy. Integration of these planning efforts is critical to ensure a seamless transition and the ability to leverage complementary solutions. Key issues have been identified which require a new model for conducting business. The contract extension will allow completion of integrated projects. No additional funds are requested. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Joe Valentine, 313-1579 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: C.46 To:Board of Supervisors From:Joe Valentine, Employment & Human Services Director Date:April 3, 2012 Contra Costa County Subject:Intelegy Corporation Non-financial Amendment to Extend Contract CONSEQUENCE OF NEGATIVE ACTION: Without the extension of the contract, integrated projects addressing an overall business model and new technological solutions will not be completed. CHILDREN'S IMPACT STATEMENT: Not applicable RECOMMENDATION(S): APPROVE and AUTHORIZE the County Watershed Program’s Community Watershed Stewardship Grant Program and the disbursement of up to $100,000 each year in grant funds for 2012, 2013, and 2014 and APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with The Watershed Project in an amount not to exceed $75,000 for administration of the Community Watershed Stewardship Grant Program effective March 1, 2012 to February 28, 2015, Countywide. FISCAL IMPACT: Contract will be paid with Stormwater Utility Assessment revenue from the unincorporated areas (Fund No. 251700) designated to the County Watershed Program. Community Watershed Stewardship Grant Program grants will be funded 80% to 100% with Stormwater Utility Assessment revenue from the County Watershed Program (Fund No. 251700) for unincorporated areas, and up to 20% from the Contra Costa Clean Water Program (Fund No. 251900). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Charmaine Bernard (925) 313-2236 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: C. Bernard, County Watershed Program, C. Windham, Flood Control C.47 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:April 3, 2012 Contra Costa County Subject:Contract with The Watershed Project for administration of the Community Watershed Stewardship Grant Program, Countywide. Project No. 7517-6W7216 BACKGROUND: The County Watershed Program is responsible for ensuring the County’s compliance with two State-mandated Municipal Stormwater Discharge Permits under the California Regional Water Quality Control Board’s (i) San Francisco Bay Region Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) Permit No. CAS612008 and (ii) Central Valley Region East Contra Costa County Municipal Permit No. CAS083313 (together, the Municipal Stormwater Discharge NPDES Permits), each issued under the NPDES. The Permits’ provisions are met through various pollution prevention programs, including public outreach and participation and reduction of pollutants of concern, in order to reduce water quality impacts from urban runoff. The contract with The Watershed Project for administration of the Community Watershed Stewardship Grant Program is needed to assist the County Watershed Program in complying with the County’s obligations under the Municipal Stormwater Discharge NPDES Permits. The Community Watershed Stewardship Grant Program supports volunteer community organizations in watershed stewardship, creek restoration, community involvement, and pollution prevention awareness, resulting in water quality improvements within our County’s storm drain system, creeks and receiving waterbodies. CONSEQUENCE OF NEGATIVE ACTION: If the contract with The Watershed Project is not approved, the County may be found to be out of compliance with its Municipal Stormwater Discharge NPDES Permits and may be subject to fines and enforcement by the San Francisco Bay and Central Valley Regional Water Quality Control Boards. CHILDREN'S IMPACT STATEMENT: Not applicable. RECOMMENDATION(S): Approve and authorize the Purchasing Agent, on behalf of the Health Services Department, to execute a change order to the Purchase Order with Agfa Healthcare Corporation, to add $74,000 a new amount of $1,500,497.21, to provide installation of the Agfa Radiology Imaging System for the Health Services Department, for the period from July 13, 2011 through July 13, 2015. FISCAL IMPACT: This purchase is fully paid for from (a) the Medicare & Medicaid Electronic Health Records (EHR) Incentive Program of the American Recovery & Reinvestment Act (ARRA) and (b) the Delivery System Reform and Incentive Pool (DSRIP) funding BACKGROUND: The Health Services Department already has the Agfa Impax Radiology System for picture archival. This System will allow the Picture Archive and Communications System to work with Epic has been identified. Without this being approved, certain data elements critical to cardiology and radiology will have to be manually entered or greatly reducing the functionality of the system and increasing risks of incorrect images being pulled for our patients. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: David Runt, 313-6228 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: Tasha Scott, Demetria Gary, Stephen McDonald C.48 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:April 3, 2012 Contra Costa County Subject:Approval of Purchase Order with Agfa Healthcare Corporation CONSEQUENCE OF NEGATIVE ACTION: Not purchasing the upgrade would force the Health Services Department to investigate other methods for receiving patient medical record numbers to retrieve prior medical studies. The Health Services Department would also have to figure out other workflow methods for integrating cardiology processes which interconnect with the PACS system. CHILDREN'S IMPACT STATEMENT: Not applicable. RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract Amendment Agreement #26-391-17 with Maxim Healthcare Services, Inc., a corporation, effective May 1, 2012, to amend Contract #26-391-16, to increase the payment limit by $300,000, from $485,000 to a new payment limit of $785,000 and to extend the term from August 31, 2012 through March 31, 2013. FISCAL IMPACT: 100% by Enterprise Fund I. This amendment will modify the rate schedule to add a rate for temporary medical records abstractor services with no increases to other rates. BACKGROUND: On September 13, 2011, the Board of Supervisors approved Contract #26-391-16 with Maxim Healthcare Services, Inc., for the period from September 1, 2011 through August 31, 2012, for the provision of temporary medical services at Contra Costa Regional Medical Center and Contra Costa Health Centers. Approval APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Anna Roth, 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: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: Tasha Scott, Demetria Gary C.49 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:April 3, 2012 Contra Costa County Subject:Contract Amendment Agreement #26-391-17 with Maxim Healthcare Services, Inc. BACKGROUND: (CONT'D) of Contract Amendment Agreement #26-391-17 will allow the Contractor to provide an additional classification of temporary medical records abstraction services for the implementation of the Electronic Health Records EPIC project at Contra Costa Regional Medical Center and Contra Costa Health Centers, through March 31, 2013. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, Contra Costa Regional Medical and Contra Costa Health Centers would not be able to abstract the desired metadata from medical records for the implementation of the Electronic Health Records EPIC Project. CHILDREN'S IMPACT STATEMENT: Not applicable. RECOMMENDATION(S): Approve and authorize the Purchasing Agent, on behalf of the Health Services Department, to execute a Purchase Order with Aspect Software, Inc., in an amount not to exceed $807,904.83 for the upgrade of the Aspect Telephone System including maintenance for the disaster recovery sites in Martinez and Pittsburg, for the period from March 30, 2012 through March 29, 2017. FISCAL IMPACT: This purchase is fully paid for from (a) the Medicare & Medicaid Electronic Health Records (EHR) Incentive Program of the American Recovery & Reinvestment Act (ARRA) and (b) the Delivery System Reform and Incentive Pool (DSRIP) funding. BACKGROUND: The existing Aspect Telephone System needs to be upgraded to the new Voice Over Internet Protocol technology in order to bring flexibility to receive phone calls via computer, laptops, and handheld devices and expand these services County wide. This project will expand the Primary Phone System in Martinez and establish a new Disaster Recovery System in the Pittsburg Data Center to support the EPIC Electronic Health Records Project integration capabilities. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: David Runt, 313-6228 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: Tasha Scott, Demetria Gary, Stephen McDonald C.50 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:April 3, 2012 Contra Costa County Subject:Approval of Purchase Order with Aspect Software, Inc. CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved, the Department could not implement new phone technology and would not be able to integrate the phone system with the EPIC Electronic Health Record Project. CHILDREN'S IMPACT STATEMENT: Not applicable. RECOMMENDATION(S): Approve and authorize the Purchasing Agent, on behalf of the Health Services Department, to execute a Purchase Order with R-Computer, Inc., in an amount not to exceed $150,000, for Lenovo Thinkpad Laptops for the Health Services Department, for the period from April 15, 2012 through April 14, 2013. FISCAL IMPACT: 100% Enterprise Fund I. BACKGROUND: Health Services Department standardized the Lenovo Thinkpad T Series laptop after testing a number of Lenovo models and other brands including Dell and Toshiba. The Lenovo Thinkpad is a solid business laptop which includes the technical specifications, reliability, and durability required for a variety of jobs within Contra Costa County including Hazardous Materials field work, patient care, mobile clinics and administration. CONSEQUENCE OF NEGATIVE ACTION: If this Purchase is not approved, mobile computing would not be possible. CHILDREN'S IMPACT STATEMENT: None. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: David Runt, 313-6228 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: Tasha Scott, Demetria Gary, Stephen McDonald C.51 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:April 3, 2012 Contra Costa County Subject:Approval of Purchase Order with R-Computer, Inc. RECOMMENDATION(S): Approve and authorize the Purchasing Agent, on behalf of the Health Services Department, to execute a Purchase Order with Nexus IS, Inc., in an amount not to exceed $233,897.33, for Cisco internet switches, routers and maintenance for the Health Services Department’s data centers in Martinez and Pittsburg. FISCAL IMPACT: This purchase is fully paid for from (a) the Medicare & Medicaid Electronic Health Records (EHR) Incentive Program of the American Recovery & Reinvestment Act (ARRA) and (b) the Delivery System Reform and Incentive Pool (DSRIP) funding. BACKGROUND: Contra Costa Health Services (CCHS) current infrastructure consists of Cisco equipment, which is also used throughout the County. This request is for equipment to replace aging network equipment. CCHS staff are already trained and familiar with Cisco equipment. CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved, the Epic Electronic Health Records Project deployment and functionality may be compromised without updating networking technology. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: David Runt, 313-6228 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: Tasha Scott, Demetria Gary, Stephen McDonald C.52 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:April 3, 2012 Contra Costa County Subject:Approval of Purchase Order with Nexus IS, Inc. CHILDREN'S IMPACT STATEMENT: Not applicable. RECOMMENDATION(S): 1. APPROVE the plans, specifications, and design for Trade Bid Package 7A, consisting of building signage; and DELEGATE to the Deputy General Services Director, or designee, or to any licensed architect or engineer employed by the County, the authority to approve any design modifications prepared for the above project. 2. AWARD a trade contract in the amount of $154,479 to Vomar Products, Inc. (“Vomar”), the lowest responsive and responsible bidder for Trade Bid Package 7A, consisting of building signage for the subject project; and DIRECT the Deputy General Services Director, or designee, to prepare the trade contract. 3. DETERMINE that Turner Construction Company (“Turner”), as the Construction Manager At-Risk, has documented an adequate good faith effort to comply with the requirements of the County’s Outreach Program in connection with the above trade contract and WAIVE any irregularities in such compliance. 4. FURTHER DETERMINE that Vomar, as the lowest responsive and responsible bidder for the above trade contract, and Turner, as Project Manager, have entered into a Project Labor Agreement with the Contra Costa Building APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Rob Lim (925) 313-7242 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: GSD Administration, GSD Accounting, GSD CPM Division Manager, GSD CPM Project Manager, GSD CPM Clerical, Auditor's Office, County Counsel's Office, County Administrator's Office, County Administrator's Office C.53 To:Board of Supervisors From:Julia R. Bueren, Director of Public Works Date:April 3, 2012 Contra Costa County Subject:Award of Construction Trade Contract for Trade Bid Package 7A for the West County Health Center Project, 13601 San Pablo Avenue, San Pablo RECOMMENDATION(S): (CONT'D) and Construction Trades Council to comply with the requirements of the County’s Project Labor Agreement policy. 5. DIRECT that Vomar shall submit two good and sufficient surety bonds (performance bond and payment bond) in the amount of $154,479 each and that Vomar and its subcontractors shall sign a Project Labor Agreement for the project; and ORDER that, after Vomar has signed the trade contract and returned it, together with the bonds, the signed Project Labor Agreement, evidence of insurance, and other required documents, and the Deputy General Services Director has reviewed and found them to be sufficient, the Deputy General Services Director, or designee, is authorized to sign the trade contract for this Board. 6. AUTHORIZE the Deputy General Services Director, or designee, to exonerate any bid bonds posted by the bidders after execution of the above trade contract. 7. AUTHORIZE the Deputy General Services Director, or designee, to sign any escrow agreements prepared for this project to permit the direct payment of retentions into escrow or the substitution of securities for monies withheld by the County to ensure performance under the trade contract, pursuant to Public Contract Code Section 22300. 8. AUTHORIZE the Deputy General Services Director, or designee, to order changes or additions to the trade contract work pursuant to Public Contract Code Section 20142. 9. DELEGATE, pursuant to Public Contract Code Section 4114, the Board's function under Public Contract Code Sections 4107 and 4110, with regards to subletting and subcontracting, to the Deputy General Services Director, or designee. 10. DELEGATE, pursuant to Labor Code Section 6705, to the Deputy General Services Director or to any registered civil or structural engineer employed by the County the authority to accept detailed plans showing the design of shoring, bracing, sloping or other provisions to be made for worker protection during trench excavation covered by that section. 11. DECLARE that, should the award of the trade contract to Vomar be invalidated for any reason, the Board would not in any event have awarded the contract to any other bidder, but instead would have exercised its discretion to reject all of the bids received. Nothing herein shall prevent the Board from re-awarding a trade contract to another bidder in cases where the successful bidder establishes a mistake, refuses to sign the trade contract, or fails to furnish required bonds or insurance in accordance with Public Contract Code Sections 5100-5107. FISCAL IMPACT: The estimated total project cost is $45 million. Funding in the amount of $12 million is from a federal Health Resources and Services Administration (“HRSA”) grant, provided under the American Recovery and Reinvestment Act of 2009. The remaining balance of $33 million is provided through bond financing and dedicated revenue within the Hospital Enterprise Fund. BACKGROUND: The West County Health Center (“WCHC”) project involves constructing a new 2-story, 53,000-square-foot health center in San Pablo. The new WCHC will serve the region by providing outpatient and ancillary services in a modern and efficient facility. In addition, a new 315-stall, 3-level parking structure will be built adjacent to the WCHC. The “Construction Manager At-Risk” (“CM At-Risk”) project delivery method is being utilized on the project. Utilizing this method involves overlapping multiple design and construction phases in order to fast-track the project. With the CM At-Risk project delivery method, multiple trade bid packages (e.g., earthwork, piles, concrete, framing, mechanical, and electrical) are developed and issued for bidding. Twenty-eight trade contracts (for earthwork phase 1, pile foundations, general requirements work, structural steel and metal decking, concrete, elevators, miscellaneous metals/stairs, curtain wall, drywall/plaster, fire protection, plumbing, mechanical, electrical, site utilities, roofing/waterproofing/architectural sheet metal, earthwork phase 2, millwork, doors/frames/hardware, acoustical ceilings, painting, site concrete/caulking, flooring, landscaping and irrigation, miscellaneous specialties, miscellaneous metal phase 2, overhead coiling doors and grills, ceramic tile, and window shades) have already been awarded by the Board. A trade bid package for building signage was subsequently developed and issued for bidding. Bids were received for Trade Bid Package 7A and opened by the General Services Department on March 20, 2012. The bid results for Trade Bid Package 7A is as follows: Bidder Base Bid Vomar Products, Inc., Canoga Park $154,479.00 Arrow Sign Company, Oakland $188,502.60 Ellis & Ellis Sign Systems, Sacramento $200,237.98 VKK Signmakers, Inc., Redwood City $258,035.00 Priority Architectural Graphics, San Francisco $315,308.75 For Trade Bid Package 7A, two of the five bids were below the CM At-Risk's estimate of $200,000. Vomar submitted the lowest responsive and responsible bid of $154,479, which is $34,023.60 less than the next lowest bid. Staff recommends that the trade contract for Trade Bid Package 7A, consisting of building signage, be awarded to Vomar. With the CM At-Risk project delivery method, the County contracts directly with the various trade contractors, and Turner, as CM At-Risk, manages the trade contracts with a Guaranteed Fixed Price and Guaranteed Completion Date. With award of the above trade contract for building signage, the total amount of trade contracts to date is $23,532,421. Recommendations for the award of other trade contracts will come before the Board at future dates. The County’s CM At-Risk, Turner, has submitted its documentation of good faith effort to comply with the requirements of the County's Outreach Program for Trade Bid Package 7A. The Contract Compliance Officer has reported that Turner has documented an adequate good faith effort for this trade contract. Pursuant to the County’s Project Labor Agreement (PLA) policy, a PLA is required for all trade contracts on this project. Vomar has signed a PLA, which contains a local hire provision consistent with the Disposition and Development Agreement between the City of San Pablo Redevelopment Agency and the County. As a condition of trade contract award, Vomar’s subcontractors will also be required to sign the PLA. The general prevailing rates of wages, which shall be the minimum rates paid on this project, are on file with the Clerk of the Board, and copies are available to any party upon request. CONSEQUENCE OF NEGATIVE ACTION: Failure to award the trade contract would delay the project and could potentially result in the WCHC not being built and the loss of $12 million in federal stimulus money. CHILDREN'S IMPACT STATEMENT: None. RECOMMENDATION(S): Approve and authorize the Purchasing Agent, on behalf of Health Services Department, to execute a change to Purchase Order F36777 with Tully Wihr Company to add $200,000 to a new total of $1,900,000 for printed forms for Health Services Department and to extend the term fromor the period from March 31, 2012 through March 31, 2013. FISCAL IMPACT: 100% Enterprise Fund I. BACKGROUND: Tully Whir Company has printed the forms for Health Services Department for approximately 14 years. They have also been managing our forms making regular set deliveries, storing forms in their warehouse so they are readily available, keeping track of our par levels and putting the orders away. Slow moving items are ordered on demand. They store the art work and can change it on request with no charge. Tully Wihr keeps an extensive forms library on line, and employees can place their orders on line. There are no setup, user, maintenance, delivery, freight or rush fees. Tully Whir also provides business cards, which are ordered on line. They also supply our medical chart covers. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Anna Roth, 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: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: Tasha Scott, Demetria Gary, Margaret Harris C.54 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:April 3, 2012 Contra Costa County Subject:Approval of Purchase Order with Tully Wihr Company CONSEQUENCE OF NEGATIVE ACTION: If this Purchase Order is not approved, the Health Services Department will not have necessary printed forms. CHILDREN'S IMPACT STATEMENT: Not applicable. RECOMMENDATION(S): Approve and authorize the Health Services Director, or designee, to execute on behalf of the County, Contract Amendment Agreement #26-338-14 with American Red Cross Blood Services, a Non-Profit Corporation, effective January 1, 2012, to increase the total payment limit by $450,000 from $900,000 to a new total payment limit of $1,350,000, with no change in the original term of January 1, 2010 through December 31, 2012. FISCAL IMPACT: This amendment is 100% funded by Enterprise I Funds. Cost to the County depends upon utilization. As appropriate, patients and/or third-party payors will be billed for services. (rate increase included) BACKGROUND: On March 3, 2010, the Board of Supervisors approved and on April 27, 2010, corrected Contract #26-338-13 with American Red Cross Blood Services, for the period from January 1, 2010 through December 31, 2012, to provide total blood and blood component products and associated services as needed for patients at the Contra Costa Regional Medical Center. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Anna Roth 370-5120 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta , Deputy cc: J Pigg, D Gary C.55 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:April 3, 2012 Contra Costa County Subject:Amendment Agreement #26-338-14 with American Red Cross Blood Services BACKGROUND: (CONT'D) Approval of Contract Amendment Agreement #26-338-14 will allow Contractor to provide additional blood testing/screening services, and to make technical adjustments to the fee schedule, with no change in the term through December 31, 2012. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the County will not be able to continue to utilize Contractor’s services to provide blood services and products to the needs of Contra Costa County Medical Center. CHILDREN'S IMPACT STATEMENT: NOT APPLICABLE RECOMMENDATION(S): Approve and authorize the Health Services Director, or his designee, to execute, on behalf of the County, Contract #23-512 with Philips Electronics North American Corporation, a corporation, in an amount not to exceed $47,000, to provide professional consultation, training, technical assistant, and support services to Department’s Information Systems Director with regard to the EPIC Project EKG Monitoring and Reports System for Cardiology, for the period from January 1, 2012 through December 31, 2012. FISCAL IMPACT: This Contract is funded 100% by Medicare & Medicaid Electronic Health Records Incentive Program of the American Recovery & Reimbursement Act (ARRA) and the Delivery System Reform and Incentive Poop (DSRIP) funding. BACKGROUND: Under Contract #23-512, Contractor will provide professional consultation, training, technical assistance and support services, including implementation, integration and project management to the Department’s Information System for Contra Costa Regional Medical Center’s APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: David Runt 313-6222 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: J Pigg, D Gary C.56 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:April 3, 2012 Contra Costa County Subject:Contract #23-512 with Philips Electronics North American Corporation BACKGROUND: (CONT'D) Epic Project with regard to the EKG Monitoring and Reports System for Cardiology, through December 31, 2012. This contract includes modifications to County Standard General Conditions language. This board order is to inform the Board of Supervisors that this service Contract #23-512 requires the Board’s approval because of a deviation for the Standard County General Conditions language. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the Department will not meet the deadline scheduled in June of 2012 to maximum the advantage of the technologies available through the Epic Project. CHILDREN'S IMPACT STATEMENT: NOT APPLICABLE RECOMMENDATION(S): APPROVE and AUTHORIZE the County Administrator, or designee, to execute a contract with Quint & Thimmig LLP in an amount not to exceed $500,000 for bond counsel services for the period of July 1, 2011 through June 30, 2014. FISCAL IMPACT: The cost of bond counsel services is covered in the cost of issuance included in each bond issue. Fees are negotiated for each borrowing transaction based upon the size and complexity of the transaction. Other special bond related projects are billed on an hourly basis and charged to occupants of the property for which the bond is issued. BACKGROUND: On May 2, 2011, the County issued a Request for Proposals (RFP) for bond counsel services . After review by committee and firm interviews, Quint & Thimmig LLP was selected to provide bond counsel services for Mello-Roos and Assessment issues. Since March 1997, Quint & Thimmig LLP has served as bond counsel, disclosure counsel or underwriter's for over 1,200 long term bond issues (inclusing assessment, Mello-Roos and Marks-Roos). The Couny selected Quint & Thimmig based on their experience and expertise dealing with these issues. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Kristen Lackey, 925-335-7228 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: C.57 To:Board of Supervisors From:David Twa, County Administrator Date:April 3, 2012 Contra Costa County Subject:Bond Counsel Services Contract CONSEQUENCE OF NEGATIVE ACTION: The County will not have the representation needed for Mello-Roos and assessment issues. CHILDREN'S IMPACT STATEMENT: None. RECOMMENDATION(S): ADOPT the revised Conflict on Interest Code for the Employment and Human Services Department as recommended by the Employment and Human Service Department Director and the Office County Counsel. FISCAL IMPACT: Not applicable. BACKGROUND: All public agencies are required to follow the State requirements by adopting a Conflict of Interest Code and identifying positions that are covered by that code. The California Fair Political Practices Commission website has the criteria for identifying positions and states what must to be included in the code. To identify positions to be covered, the Employment and Human Services Department (EHSD) used the guidance provided by the State, as well as, reviewing positions that have been historically covered by previous versions of the code. A number of the positions listed did not exist or have changed. EHSD added new positions that have the same or similar responsibilities and authorities and the potential for conflicts. In addition, EHSD separated the Public Authority since that staff is not part of EHSD and they are not County employees. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Joe Valentinne, 313-1579 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.58 To:Board of Supervisors From:Joe Valentine, Employment & Human Services Director Date:April 3, 2012 Contra Costa County Subject:Conflict of Interest Code for the Employment and Human Services Department CONSEQUENCE OF NEGATIVE ACTION: The Employment and Human Service Department will not be in compliance with California Code of Regulations 18730 and Government Code section 87306 and 87036.5. CHILDREN'S IMPACT STATEMENT: Not applicable ATTACHMENTS Conflict of Interest Code for EHSD CONFLICT OF INTEREST CODE OF THE EMPLOYMENT AND HUMAN SERVICES DEPARTMENT OF CONTRA COSTA COUNTY The Political Reform Act (Gov. Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. Th e Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Reg. § 18730) which contains the terms of a standard conflict of interest code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees establishing disclosure categories, shall constitute the conflict of interest code of the Employment and Human Services Department of Contra Costa County. Designated officials and employees shall file their statements with the Employment and Human Services Department (EHSD) Organization and Staff Development Manager (Personnel Manager) who will make the statements available for public inspection and reproduction (Gov. Code § 81008). Stateme nts for all designated officials and employees will be retained by the Employment and Human Services Department. All designated employees must file annual statements during the month of March to be received no later than April 1 of each year. Such statements shall cover the period of the preceding calendar year. § 18730. Provisions of Conflict-of-Interest Codes. (a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict-of-interest code within the meaning of Section 87300 or the amendment of a conflict-of-interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict-of-interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict-of-interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest. (b) The terms of a conflict-of-interest code amended or adopted and promulgated pursuant to this regulation are as follows: (1) Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict-of-interest code. (2) Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories. This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those 2 CCR 18730 Page 2 persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq. In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict-of-interest code for another agency, if all of the following apply: (A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; (B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.1 Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those economic interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's disclosure categories are the kinds of economic interests which he or she foreseeably can affect materially through the conduct of his or her office. (4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict-of-interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office. (5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result 2 CCR 18730 Page 3 of his or her appointment. Such persons shall not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following: (1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. (B) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. (7) Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investment and Real Property Disclosure. When an investment or an interest in real property3 is required to be reported,4 the statement shall contain the following: 1. A statement of the nature of the investment or interest; 2 CCR 18730 Page 4 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; 3. The address or other precise location of the real property; 4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported,5 the statement shall contain: 1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source; 2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000; 3. A description of the consideration, if any, for which the income was received; 4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received; 5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan. (C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6 the statement shall contain: 1. The name, address, and a general description of the business activity of the business entity; 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. (8) Section 8. Prohibition on Receipt of Honoraria. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic 2 CCR 18730 Page 5 interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section. This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $420. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $420 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section. (8.2) Section 8.2. Loans to Public Officials. (A) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control. (B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. 2 CCR 18730 Page 6 (E) This section shall not apply to the following: 1. Loans made to the campaign committee of an elected officer or candidate for elective office. 2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent- in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans from a person which, in the aggregate, do not exceed five hundred dollars ($500) at any given time. 4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms. (A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans: 1. Loans made to the campaign committee of the elected officer. 2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code. (8.4) Section 8.4. Personal Loans. (A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances: 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired. 2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following: a. The date the loan was made. b. The date the last payment of $100 or more was made on the loan. 2 CCR 18730 Page 7 c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months. (B) This section shall not apply to the following types of loans: 1. A loan made to the campaign committee of an elected officer or a candidate for elective office. 2. A loan that would otherwise not be a gift as defined in this title. 3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due. 4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations. 5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy. (C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code. (9) Section 9. Disqualification. No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on: (A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more; (B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more; (C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $420 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made. (9.3) Section 9.3. Legally Required Participation. 2 CCR 18730 Page 8 No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees. In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken: (A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations. This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003. _____________ 1Designated employees who are required to file statements of economic interests under any other agency's conflict-of-interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 2 CCR 18730 Page 9 3For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. 4Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. 5A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer. Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300-87302, 89501, 89502 and 89503, Government Code. HISTORY 1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14). Certificate of Compliance included. 2. Editorial correction (Register 80, No. 29). 3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2). 4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5). 5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46). 6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16). 7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46). 8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28-90; operative 9-27-90 (Reg. 90, No. 42). 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32). 10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2- 4-93 (Register 93, No. 6). 11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health 2 CCR 18730 Page 10 Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93. 12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1). 13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17). 14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11). 15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13). 16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43). 17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15). 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35). 19. Editorial correction of subsection (a) (Register 98, No. 47). 20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20). 21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1-2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49). 22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2). 23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7). 24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2 CCR 18730 Page 11 2003, No. 3). 25. Editorial correction of History 24 (Register 2003, No. 12). 26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33). 27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)- (12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1). 28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41). 29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E)filed 12-18-2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51). 30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11-30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44). 31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47). A - 1 Appendix A Disclosure Categories (1) Designated employees must report all income from any source in Contra Costa County (not including salaries from Contra Costa County). This includes income from sources in Contra Costa County related to the following areas: A. Child Protective or Placement Services; B. Adult Protective or Placement Services; C. Conservatorship or Guardianship Services; D. Child/Family Counseling; E. Elder/Family Counseling; F. Job Training Services; G. In-Home Supportive Services; and H. Child Care Services. Designated employees must also report all investments, interests, income, gifts, loans, and travel payments from the sources described i n A-H above and the employee’s status with regard to the business, whether director, officer, partner, trustee, manager or employee. (2) Designated employees must report all investments and interests in real property situated in the County. Additionally, designated employees must report an interest in any business or non-profit organization, located in the County or doing A - 2 business with the County or for which they serve as a director, officer, partner, trustee, employee, or hold any managerial position; if (1) such business is doing business with the EHSD; or (2) may contract with EHSD in the foreseeable future; or (3) has done business with EHSD at any time during the two years prior to filing the statement. B - 1 APPENDIX B CLASS Designated Position Disclosure Category XAA2 County Welfare Director – Exempt 1 &2 XQD2 Aging and Adult Services Director – Exempt 1& 2 XAD5 Children and Family Services Director – Exempt 1 &2 CCD1 Community Services Director - Exempt 1 &2 XAD6 EHS Director of Administration – Exempt 1 &2 XAD4 Workforce Investment Board Executive Director – Exempt 1 &2 XAD3 Workforce Services Director - Exempt 1 &2 XQVB Aging and Adult Services Senior Staff Assistant 1 &2 XQWC Aging and Adult Services Staff Assistant 1 &2 XQGD Area Agency on Aging Program Manager 1 &2 SAVA Accountant II 1 &2 SATA Accountant III 1 &2 APWA Administrative Analyst 1 &2 APTA Administrative Services Assistant III 1 &2 X7SC Business Services Representative 1 &2 9JS3 Child Nutrition Food Operations Supervisor-Project 1 &2 APSA Departmental Fiscal Officer 1 &2 XQHE Contracts Administrator 1 &2 LWSA Data Base Administrator 1 &2 XQSJ Departmental Personal Computer Coordinator 1 &2 XASJ EHS Chief Financial Officer 1 &2 XADD EHS Division Manager 1 &2 XQNA EHS Facilities Manager 1 &2 XASH Social Services Fiscal Compliance Accountant 1 &2 VQHA Health and Human Services Research Evaluation Manager 1 &2 X7GB Independent Living Skills Program Coordinator 1 &2 LTNB Information Systems Manager II 1 &2 LPNB Information Systems Programmer/analyst IV 1 &2 X7GA One-Stop Operator Consortium Administrator 1 &2 X7HC One-Stop Operator Consortium Assistant Administrator 1 &2 XAGB Organization and Staff Development Manager 1 &2 CCHA Community Services Personnel Administrator 1 &2 ARVA Personnel Services Assistant II 1 &2 ARTA Personnel Services Assistant III 1 &2 ADS5 Principal Management Analyst-Project 1 &2 LTVJ Senior Business Analyst 1 &2 ADGA Service Integration Program Manager 1 &2 ADHA Service Integration Team Coordinator 1 &2 B - 2 AVD3 Small Business Development Center Director-Project 1 &2 XQWB Social Casework Specialist I 1 &2 XQVB Social Casework Specialist II 1 &2 XQHB Social Work Supervisor I 1 &2 XQHA Social Work Supervisor II 1 &2 X4SG Social Services Appeals Officer 1 &2 XAHB Social Services Appeals Supervisor 1 &2 XQHC Social Services Business Systems Application Manager 1 &2 XAGA Social Services Fraud Prevention Manager 1 &2 XQWD Social Services Information Systems Analyst 1 &2 XQVC Senior Social Services Information Systems Analyst 1 &2 X4SH Social Services Program Analyst 1 &2 XLSG Social Services Senior Welfare Fraud Field Investigator 1 &2 X4SK Social Services Staff Development Specialist 1 &2 XLSF Social Services Welfare Fraud Field Investigator 1 &2 XQHG Transportation Services Manager 1 &2 X4HD Volunteer Program Coordinator 1 &2 XANA Workforce Services Specialist 1 &2 Advisory Council on Aging 1 &2 Economic Opportunity Council 1 &2 Head Start Policy Council 1 &2 RECOMMENDATION(S): ADOPT the revised Conflict of Interest Code for the Public Authority as recommended by the Public Authority Director, Employment and Human Services Department Director, and the Office of County Counsel. FISCAL IMPACT: Not applicable. BACKGROUND: All public agencies are required to follow State requirements by adopting a Conflict of Interest Code and identifying positions that are covered by that code. the California Fair Political Practices Commission website has the criteria for identifying positions and states what must be included in the code. To identify positions to be covered , the Employment and Human Services Department (EHSD) used the guidance provided by the State, as well as, reviewing positions historically covered by previous versions of the code. A number of positions listed did not exist or have changes. EHSD added new positions that have same or similar responsibilities and the potential for conflicts. EHSD separated the Public Authority since that staff is not part of EHSD and they are not County employees. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Joe Valentine, 313-1579 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.59 To:Board of Supervisors From:Joe Valentine, Employment & Human Services Director Date:April 3, 2012 Contra Costa County Subject:Conflict of Interest Code for the Public Authority CONSEQUENCE OF NEGATIVE ACTION: The Public Authority will not be in compliance with California Code of Regulations 18730 and Government Code section 87306 and 87306.5. CHILDREN'S IMPACT STATEMENT: Not applicable. ATTACHMENTS Conflict of Interest Code for Public Authority CONFLICT OF INTEREST CODE OF THE PUBLIC AUTHORITY OF CONTRA COSTA COUNTY The Political Reform Act (Gov. Code § 81000, et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Reg. § 18730) which contains the terms of a standard conflict of interest code. After public notice and hearing it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference. This regulation and the attached Appendix designating officials and employees establishing disclosure categories, shall constitute the conflict of interest code of the Public Authority of Contra Costa County. Designated officials and employees shall file their statements with the Employment and Human Services Department (EHSD) Organization and Staff Development Manager (Personnel Manager) who will make the statements available for public inspection and reproduction (Gov. Code § 81008). Statements for all designated officials and employees will be retained by the Employment and Human Services Department. All designated employees must file annual statements during the month of March to be received no later than April 1 of each year. Such statements shall cover the period of the preceding calendar year. § 18730. Provisions of Conflict-of-Interest Codes. (a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict-of-interest code within the meaning of Section 87300 or the amendment of a conflict-of-interest code within the meaning of Section 87306 if the terms of this regulation are substituted for terms of a conflict-of-interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Sections 81000, et seq. The requirements of a conflict-of-interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Section 87100, and to other state or local laws pertaining to conflicts of interest. (b) The terms of a conflict-of-interest code amended or adopted and promulgated pursuant to this regulation are as follows: (1) Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (Regulations 18110, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict-of-interest code. (2) Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories. 2 CCR 18730 Page 2 This code does not establish any disclosure obligation for those designated employees who are also specified in Section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Sections 87200, et seq. In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict-of-interest code for another agency, if all of the following apply: (A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; (B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Section 87200; and (C) The filing officer is the same for both agencies.1 Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those economic interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's disclosure categories are the kinds of economic interests which he or she foreseeably can affect materially through the conduct of his or her office. (4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict-of-interest code.2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office. (5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice 2 CCR 18730 Page 3 provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following: (1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. (B) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to Regulation 18754. (D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. (7) Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investment and Real Property Disclosure. When an investment or an interest in real property3 is required to be reported,4 the statement shall contain 2 CCR 18730 Page 4 the following: 1. A statement of the nature of the investment or interest; 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; 3. The address or other precise location of the real property; 4. A statement whether the fair market value of the investment or interest in real property equals or exceeds $2,000, exceeds $10,000, exceeds $100,000, or exceeds $1,000,000. (B) Personal Income Disclosure. When personal income is required to be reported,5 the statement shall contain: 1. The name and address of each source of income aggregating $500 or more in value, or $50 or more in value if the income was a gift, and a general description of the business activity, if any, of each source; 2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was $1,000 or less, greater than $1,000, greater than $10,000, or greater than $100,000; 3. A description of the consideration, if any, for which the income was received; 4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received; 5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan. (C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,6 the statement shall contain: 1. The name, address, and a general description of the business activity of the business entity; 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than $10,000. (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. (8) Section 8. Prohibition on Receipt of Honoraria. 2 CCR 18730 Page 5 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (a), (b), and (c) of Section 89501 shall apply to the prohibitions in this section. This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $420. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $420 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (e), (f), and (g) of Section 89503 shall apply to the prohibitions in this section. (8.2) Section 8.2. Loans to Public Officials. (A) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control. (B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without 2 CCR 18730 Page 6 regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following: 1. Loans made to the campaign committee of an elected officer or candidate for elective office. 2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent- in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans from a person which, in the aggregate, do not exceed five hundred dollars ($500) at any given time. 4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms. (A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of $500 or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans: 1. Loans made to the campaign committee of the elected officer. 2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code. (8.4) Section 8.4. Personal Loans. (A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances: 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired. 2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following: 2 CCR 18730 Page 7 a. The date the loan was made. b. The date the last payment of $100 or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than $250 during the previous 12 months. (B) This section shall not apply to the following types of loans: 1. A loan made to the campaign committee of an elected officer or a candidate for elective office. 2. A loan that would otherwise not be a gift as defined in this title. 3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due. 4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations. 5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy. (C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code. (9) Section 9. Disqualification. No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a member of his or her immediate family or on: (A) Any business entity in which the designated employee has a direct or indirect investment worth $2,000 or more; (B) Any real property in which the designated employee has a direct or indirect interest worth $2,000 or more; (C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating $500 or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $420 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made. 2 CCR 18730 Page 8 (9.3) Section 9.3. Legally Required Participation. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees. In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken: (A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value $1,000 or more. (10) Section 10. Disclosure of Disqualifying Interest. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Section 83114 and Regulations 18329 and 18329.5 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations. This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Section 87100 or 87450 has occurred may be set aside as void pursuant to Section 91003. _____________ 1Designated employees who are required to file statements of economic interests under any other agency's conflict-of-interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Section 81004. 2 CCR 18730 Page 9 2See Section 81010 and Regulation 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. 3For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. 4Investments and interests in real property which have a fair market value of less than $2,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. 5A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. 6Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer. Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300-87302, 89501, 89502 and 89503, Government Code. HISTORY 1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14). Certificate of Compliance included. 2. Editorial correction (Register 80, No. 29). 3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2). 4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5). 5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46). 6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16). 7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46). 8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28-90; operative 9-27-90 (Reg. 90, No. 42). 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32). 10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2- 2 CCR 18730 Page 10 4-93 (Register 93, No. 6). 11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93. 12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Register 94, No. 1). 13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17). 14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11). 15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13). 16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43). 17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15). 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35). 19. Editorial correction of subsection (a) (Register 98, No. 47). 20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20). 21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1-2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49). 22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2). 23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7). 24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003. Submitted to 2 CCR 18730 Page 11 OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3). 25. Editorial correction of History 24 (Register 2003, No. 12). 26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33). 27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)- (12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1). 28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41). 29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E)filed 12-18-2006; operative 1-1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51). 30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11-30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44). 31. Amendment of section heading and section filed 11-15-2010; operative 12-15-2010. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2010, No. 47). A - 1 Appendix A Disclosure Categories (1) Designated employees must report all income from any source in Contra Costa County (not including salaries from Contra Costa County). This includes income from sources in Contra Costa County related to the following areas: A. Child Protective or Placement Services; B. Adult Protective or Placement Services; C. Conservatorship or Guardianship Services; D. Child/Family Counseling; E. Elder/Family Counseling; F. Job Training Services; G. In-Home Supportive Services; and H. Child Care Services. Designated employees must also report all investments, interests, income, gifts, loans, and travel payments from the sources described in A -H above and the employee’s status with regard to the business, whether director, officer, partner, trustee, manager or employee. (2) Designated employees must report all investments and interests in real property situated in the County. Additionally, designated employees must report an interest in any business or non-profit organization, located in the County or doing business with the County or for which they serve as a director, officer, partner, A - 2 trustee, employee, or hold any managerial position; if (1) such business is doing business with the EHSD; or (2) may contract with EHSD in the foreseeable future; or (3) has done business with EHSD at any time during t he two years prior to filing the statement. B - 1 APPENDIX B CLASS Designated Position Disclosure Category 8IH1 Public Authority Executive Director 1&2 8IH2 Program Manager-Public Authority 1 &2 RECOMMENDATION(S): AUTHORIZE the Water Agency to contribute $89,000 as Contra Costa County's local funding share for the San Francisco-to-Stockton Ship Channel Deepening Project. FISCAL IMPACT: $89,000 will come from Suisun Bay/New York Slough Assessment District funds. BACKGROUND: Contra Costa County and the Port of Stockton jointly serve as the local sponsors of the San Francisco-to-Stockton Ship Channel Deepening Project. The project, which would be implemented by the U.S. Army Corps of Engineers, would deepen the ship channel so that vessels with deep hulls can safely navigate the channel to and from Contra Costa shoreline industrial wharves and the Port of Stockton. There had been some initial studies for this project in the past but the project has not received any federal funding for the past several years and therefore no recent activity has occurred. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: John Greitzer, 925-674-7824 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.60 To:Board of Supervisors From:Catherine Kutsuris Date:April 3, 2012 Contra Costa County Subject:Local matching funds for $800,000 grant from Army Corps of Engineers BACKGROUND: (CONT'D) The Army Corps' San Francisco District Office in February announced it has allocated funds to restart the project by conducting some of the studies necessary for the environmental review of the project. The impact studies will include salinity impacts, economic impacts, and identification of potential placement sites for the material that is dredged from the channel to make it deeper. The studies will cover the entire channel from San Francisco Bay to the Port of Stockton. The total cost is estimated by the Army Corps of Engineers at $1,066,000, to be spent by the end of the federal fiscal year ending September 30, 2012. The Army Corps of Engineers would fund 75 percent of the cost, or approximately $800,000. They require a local match for the other 25 percent, which comes to approximately $266,000. A working group consisting of staff from the Port of Stockton, Contra Costa County, and the Western States Petroleum Association (WSPA) will work with the Army Corps on the project. WSPA is participating because some of its member industries own and operate wharves and would benefit from the channel deepening. The working group seeks to split the local match evenly among the Port, the County and WSPA. This means each entity would contribute an estimated $88,834. The Army Corps of Engineers has requested commitments by April 1, 2012 indicating the matching funds will be provided. The Department of Conservation and Development proposes to contribute the County's share from the Suisun Bay/New York Slough Assessment District funds, which were collected for use in dredging-related work, including studies. The Army Corps of Engineers' requested deadline of April 1 does not leave time for staff to discuss this recommendation with the Transportation, Water and Infrastructure Committee, which next meets on April 5. The Director of Conservation and Development recommends the Board of Supervisors authorize the commitment of $89,000 in matching funds as described above. CONSEQUENCE OF NEGATIVE ACTION: If the County, along with other agencies, do not provide the required 25% in matching funds, the Army Corps of Engineers will not provide the grant and the project will not move forward. CHILDREN'S IMPACT STATEMENT: None. RECOMMENDATION(S): DECLARE elected and APPROVE the Appointment-in-Lieu of Election for County Central Committee offices as on file in the Contra Costa Elections Division for the Primary Election on June 5, 2012. FISCAL IMPACT: No fiscal impact. BACKGROUND: Pursuant to Elections Code 7228, 7423, 7673 and 7772.1 the persons shown on the following attachment are to be Appointed-in-Lieu of Election and will serve as if elected. The term dates for the Central Committee Members are as specified by party. CONSEQUENCE OF NEGATIVE ACTION: These candidates will not be Appointed-in-Lieu of Election as provided by law. CHILDREN'S IMPACT STATEMENT: Not applicable. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Rosa Mena, 925.335.7806 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Rosa Mena, Candy Lopez C.61 To:Board of Supervisors From:Stephen L. Weir, Clerk-Recorder Date:April 3, 2012 Contra Costa County Subject:Appointment-in-Lieu of Election, County Central Committees Offices for the Primary Election 6/5/12 ATTACHMENTS AIR10552 ATTACHMENT TO AGENDA ITEM REQUEST 10552 06/05/12 PRESIDENTIAL PRIMARY ELECTION APPOINTMENT-IN-LIEU REQUEST FOR CENTRAL COMMITTEES DEMOCRATIC COUNTY CENTRAL COMMITTEE 1ST SUPERVISORIAL DISTRICT (Vote for 4 / 2 nominees to be appointed shown below) Mister Phillips Maria Alegria 3RD SUPERVISORIAL DISTRICT (Vote for 5 / 5 nominees to be appointed shown below) Sharon L. Mossman Richard Mossman Vince Cortese George Van Hasselt Argentina Davila-Luevano 5TH SUPERVISORIAL DISTRICT (Vote for 4 / 4 nominees to be appointed shown below) Greg Enholm Alan Swislow Rich Verrilli Leon Raymond Sloan REPUBLICAN COUNTY CENTRAL COMMITTEE 1ST SUPERVISORIAL DISTRICT (Vote for 2 / no nominees) 2ND SUPERVISORIAL DISTRICT (Vote for 5 / 5 nominees to be appointed shown below) Elizabeth F. Summer Gordon Warder Becky J.R. Kolberg Nyna Armstrong Jerry Dees 3RD SUPERVISORIAL DISTRICT (Vote for 8 / 2 nominees to be appointed shown below) Harold E. Bray R. Eugene Kreps (REPUBLICAN COUNTY CENTRAL COMM ITTEE CON’T) 4TH SUPERVISORIAL DISTRICT (Vote for 4 / 3 nominees to be appointed shown below) Kathy Young Elizabeth R. Hansen Rohit J. Joy 5TH SUPERVISORIAL DISTRICT (Vote for 3 / 2 nominees to be appointed shown below) Wilbur Figueira Thomas Randle AMERICAN INDEPENDENT COUNTY CENTRAL COMMITTEE 1ST SUPERVISORIAL DISTRICT (Vote for 3 / no nominees) 2ND SUPERVISORIAL DISTRICT (Vote for 6 / no nominees) 3RD SUPERVISORIAL DISTRICT (Vote for 6 / no nominees) 4TH SUPERVISORIAL DISTRICT (Vote for 6 / no nominees) 5TH SUPERVISORIAL DISTRICT (Vote for 5 / no nominees) GREEN COUNTY COUNCIL AT LARGE (Vote for 7 / 4 nominees to be appointed shown below) Tim Laidman Paul S. Larudee Sandra Decker Carolyn Muth PEACE & FREEDOM CENTRAL COMMITTEE AT LARGE (Vote for 8 / 0 nominees) (2) RECOMMENDATION(S): RECEIVE the 2011 Annual Report submitted by the Pacheco Municipal Advisory Council, as recommended by Supervisor Glover. FISCAL IMPACT: None. BACKGROUND: On June 18, 2002, the Board of Supervisors adopted Resolution No. 2002/377, which requires that each regular and ongoing board, commission, or committee shall annually report to the Board of Supervisors on its activities, accomplishments, membership attendance, required truing/certification (if any), and proposed work plan or objectives for the following year. The attached report fulfills this requirement for the Pacheco Municipal Advisory Council. CONSEQUENCE OF NEGATIVE ACTION: The Pacheco Municipal Advisory Council will not be in compliance with Resolution No. 2002/377. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Lynn Reichard-Enea 925-427-8138 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.62 To:Board of Supervisors From:Federal D. Glover, District V Supervisor Date:April 3, 2012 Contra Costa County Subject:2011 ANNUAL REPORT FROM PACHECO MUNICIPAL ADVISORY COUNCIL CHILDREN'S IMPACT STATEMENT: Not applicable. ATTACHMENTS Annual Rpt PMAC Page 1 of 2 Pacheco MAC Submitted by: Olivier Fontana, Chairperson Activities and Accomplishments The primary goals of the MAC in 2011 and going forward was, and is, to increase community awareness and participation at the monthly MAC meetings and to represent the community’s interests, concerns and voice for the Board of Supervisor’s. The MAC board’s activities and efforts have resulted in some major improvement and changes in 2011: 1. The MAC, in conjunction with the County Public Works department, successfully completed planning and installed the new Pacheco Community Park on Aspen Drive. (A CDBG grant was awarded to the MAC to assist with completion of the park). A ribbon cutting ceremony was held in the summer to officially open the park. 2. The MAC, in conjunction with the County Public Works department, also completed renovations of the median on Pacheco Blvd. between Center Avenue and 2nd Avenue South. Due to lack of funding, no additional work could begin on the remaining medians from Center Avenue to Carolos Drive. Membership The current MAC board is dedicated and hard working. We feel that we have made some positive changes in our community. The MAC had 2 resignations during the year; 1 new appointee; and at the end of 2011 1 vacancy remained open on the MAC. Members in 2011 Chair, Olivier Fontana Secretary, Betty Wilgus (Retired) and Shawn Garcia (New appointee) Member, Kay Perry-Thayer Member, Joanne Boyle Member, Doug Stewart (resigned) Alternate Member, Henry Cobb Page 2 of 2 Attendance—2011 January All Present February Boyle absent March All Present April All Present May No quorum June All Present July All Present August No meeting by design September Boyle absent October Perry-Thayer absent November Boyle absent December No meeting by design MAC Work Plan and Objectives for 2012 A main priority for the MAC in 2012 will continue to be to increase community awareness of the MAC. We will continue our work on: 1. Pacheco signage, specifically the Welcome to Pacheco sign located on Pacheco Blvd. between 2nd Ave. S and Center Ave. 2. Community involvement 3. Community awareness of events taking place at the Community Center 4. Beautification of the medians along Pacheco Blvd 5. Continued upkeep and development of the Pacheco Creekside Park Pacheco MAC meetings are held on the 2nd Wednesday of every month at 6:30 p.m. at the Pacheco Community Center, 5800 Pacheco Blvd., Pacheco. Chair: Olivier Fontana Secretary: Shawn Garcia Staff District V: Lyn Reichard-Enea RECOMMENDATION(S): RECEIVE the 2011 Annual Report submitted by the Rodeo Municipal Advisory Council, as recommended by Supervisor Glover. FISCAL IMPACT: None. BACKGROUND: On June 18, 2002, the Board of Supervisors adopted Resolution No. 2002/377, which requires that each regular and ongoing board, commission, or committee shall annually report to the Board of Supervisors on its activities, accomplishments, membership attendance, required training/certification (if any), and proposed work plan or objectives for the coming year. The attached report fulfills this requirement for the Rodeo Municipal Advisory Council. CONSEQUENCE OF NEGATIVE ACTION: The Rodeo Municipal Advisory Council would not be in compliance with Resolution No. 2002/377. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Lynn Reichard-Enea 925-427-8138 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.63 To:Board of Supervisors From:Federal D. Glover, District V Supervisor Date:April 3, 2012 Contra Costa County Subject:2011 ANNUAL REPORT FROM RODEO MUNICIPAL ADVISORY COUNCIL CHILDREN'S IMPACT STATEMENT: Not applicable. ATTACHMENTS Rodeo Annual Rpt RECOMMENDATION(S): RECEIVE the 2011 Annual Report submitted by the County Service Area M-16 Citizens' Advisory Committee, as recommended by Supervisor Glover. FISCAL IMPACT: None. BACKGROUND: On June 18, 2002, the board of Supervisors adopted Resolution No. 2002/377, which requires that each regular and ongoing board, commission, or committee shall annually report to the Board of Supervisors on its activities, accomplishments, membership attendance, required training/certification (if any), and proposed work plan or objective for the upcoming year. The attached report fulfills this requirement for the County Service Area M-16 Citizens' Advisory Committee. CONSEQUENCE OF NEGATIVE ACTION: The County Service Area M-16 Citizens' Advisory Committee would not be in compliance with Resolution No. 2002/377. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Lynn Reichard-Enea 925-427-8138 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.64 To:Board of Supervisors From:Federal D. Glover, District V Supervisor Date:April 3, 2012 Contra Costa County Subject:2011 ANNUAL REPORT FROM COUNTY SERVICE AREA M-16 CITIZENS ADVISORY COMMITTEE CHILDREN'S IMPACT STATEMENT: Not applicable. ATTACHMENTS Clyde 2011 Annual Rpt CITIZENS' ADVISORY COMMITTEE M-16 CLYDE PARKS REPORT TO THE BOARD OF SUPERVISORS December 18, 2011 Gentlemen: The Citizens Advisory Committee for County Service Area M-16 (Clyde Parks) wishes to present our report of accomplishments for calendar year 2011 and objectives for the upcoming year. Regrettably, due to the cost overruns in the completion of Phase I of Big Oak Tree Park in 2009, there are no funds in M-16 with which to accomplish any substantial improvements, nor are the funds available in Z-37 to maintain the parks in as nice a condition as the community might wish. Therefore, our emphasis in 2012, as it has been in 2011, will be on using volunteers to the greatest extent possible to maintain our parks and to seek donations with which to accomplish any necessary capital expenditures. 2011 accomplishments: . Members whose terms were expiring have expressed their willingness to continue on the committee. Supervisor Glover's office is posting the required notices and will send the appropriate documents to the members whose terms are expiring. .The regular Clyde Parks column in our Newsletter as a means of keeping the community advised of our activities was continued. . Using volunteers and donations, Maybeck, Marie Porter and Big Oak Tree Parks were trimmed and weeded. Our Public Works' maintenance crew continued to mow and edge Clyde Park and provide pickup of trimmings and the parks' refuse containers and did other needed work as their time and funds allowed. . While not actually an M-16 park, the long-awaited Clyde Pedestrian Path (Railroad Trail) was completed this year. Final approval from DTSC will not occur until 2012. Formal written will finalization will follow. . Using volunteer labor and donated materials, a temporary substitute tennis net was installed at Clyde Park. While not meeting ATPA standards, the net is a great improvement and, as it is made from leftover construction fencing from the Railroad Trail, it is even color-coordinated to the pomegranate flowers along the fence line. . It was brought to our attention by a resident whose children play at Clyde Park, the "fibar" wood chips at the play equipment had lost volume and needed to be supplemented. As there are no funds available to accomplish this, requests for donations were initiated to the Clyde Civic Improvement Association, which garners annual support from Tesoro Golden Eagle Refinery, and California Pacific Credit Union. The CCIA was unable to help this year, but may be able to fund the project during F.Y. 2012. California Pacific Credit union is reviewing our request. page 2 of 2 Attendance: No meeting were held. 2012 goals and objectives: . Continue the use of Newsletter items to inform, generate interest in and opportunities for volunteerism, and encourage communication between the Committee and the community . Incorporate, to the extent possible, the use of volunteers such as the Girl and Eagle Scouts and other community individuals, groups and businesses to lessen the budgetary impact of improvements and maintenance of our parks . Replace fibar chips at the playground equipment at Clyde Park as funds become available. . Plan for other needed improvements such as replacing the tennis net at Cyde Park and exploring the possibility of completing the improvements to Big Oak Tree Park (adding the playground equipment identified as Phase II in the original park plans) as funds become available. Thank you for your continuing interest in and efforts on behalf of our small community. It is our hope that we, in turn, can bring a continually improved system of parks in Clyde to the future of our area of the county. Sincerely, Cindy Welles, President RECOMMENDATION(S): RECEIVE the 2011 Annual Report submitted by the Bay Point Municipal Advisory Council, as recommended by Supervisor Glover. FISCAL IMPACT: None. BACKGROUND: On June 18, 2002, the Board of Supervisors adopted Resolution No. 2002/377, which requires that each regular and ongoing board, commission, or committee shall annually report to the Board of Supervisors on its activities, accomplishments, membership attendance, required training/certification (if any), and proposed work plan or objectives for the upcoming year. The attached report fulfills this requirement for the Bay Point Municipal Advisory Council. CONSEQUENCE OF NEGATIVE ACTION: The Bay Point Municipal Advisory Council will not be in compliance with Resolution No. 2002/377. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Lynn Reichard-Enea 925-427-8138 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.65 To:Board of Supervisors From:Federal D. Glover, District V Supervisor Date:April 3, 2012 Contra Costa County Subject:2011 ANNUAL REPORT FROM BAY POINT MUNICIPAL ADVISORY COUNCIL CHILDREN'S IMPACT STATEMENT: Not applicable. ATTACHMENTS Bay Point Annual Rpt Bsy Point Annual Attendance - 1 - Bay Point Municipal Advisory Council 2011 Annual Board Report- Bay Point Municipal Advisory Council In 2011 we saw the start of some long awaited projects and the completion of some projects as well. The new Walgreens had their ribbon cutting on February 4, 2011. The Willow Pass Improvement Project Phase 1 was completed, there were several traffic calming features added to Willow Pass Road in the hope that it will make it safer for pedestrian traffic. Contra Costa County Publics works came to us seeking input on Phase 2 and it was decided that we should try to fill in the sidewalk gap by the new Walgreens. Habitat for Humanity completed the El Rincon Project this year and most homes are now occupied. Their Neighborhood Revitalization Program is still i n progress and we look forward to hearing more about it this year. Thanks to the work of those who have attended the Code Enforcement meetings we saw the cameras that are to deter people from illegal dumping go up in the spring. The Welcome to Bay Point Sign had a makeover thanks to the Bay Point Chamber of Commerce. Thanks to Council Member Stevenson the Adopt a Road program is ready to roll out and we hope to add more volunteers this year. We saw our newsletter go electronic this year and Council Member Garcia seemed to make the transition with little or no effort, so our newsletters can now be found on the District 5 website. The Shell Pond began their restoration project this summer and thanks to Tracy Craig of Craig communications the Bay Point MAC has been well informed of the timeline and we receive regular reports on the progress of that project. MAC members were invited to attend a grand opening in November and Chairperson Mason spoke about the importance of the project for Bay Point. Also in November MAC members were invited to a ribbon cutting ceremony at the Sheriff’s substation which had a makeover thanks to Lt Brady and her crew, the MAC Chair was invited to speak at this event as well. We are very appreciative of our local Sheriff’s. We welcome the Sparkpoint project to Bay Point this year as part of the Service Integration Project, its focus is the financial stability of families in Bay Point, Council members Mason and Garcia both helped in planning a 3 day Future Search event at the Ambrose Community Center. The Keller Mitigation Funding also underwent some changes this year and Council Member Zumwalt was appointed to sit on the funding committee. We saw a Chase bank open at the Oak Hills Shopping Center this year and welcome them to the community. It seems we began the year and ended it with a discussion of water rates for the citizens of Bay Point, there was a hearing in Dec 2010 regarding a rate increase and in November 2011 we were once again appealing to the PUC to deny Golden State Waters request for another rate increase, most MAC members were at the meeting and Supervisor Glover was there as well to speak on our Debra Mason, Chair Federal Glover, District Supervisor, District V Debra Giles, Administrative Support 3105 Willow Pass Road Bay Point, CA 94565 925-427-8360 - 2 - behalf we will have to wait and see what happens. But I am sure the water rates will be something we are dealing with in 2012 again. We had 2 joint meetings this year and 2 community clean ups, thanks to all MAC members who participated in those events. And lastly a warm welcome to our newest MAC member Douglas Corbin, who was appointed in November, we all look forward to serving with you. 2012 Proposed Work Plan Regularly Scheduled MAC meetings County Annual trainings for board members Adopt a Road Program Community Clean Ups Newsletters Joint MAC meetings Attend relevant meetings as needed MAC 2011 Meeting Attendance There were 10 meetings in 2011 We did not meet in August and December Name Meetings attended Corbin 1 (appointed in Nov.) Garcia 10 Kopitar 8 Mason 10 Stevenson 9 Tremaine 9 Zumwalt 8 January – Members present: Garcia, Mason, Stevenson, Tremaine and Zumwalt Members absent: February- Members present: Garcia, Kopitar, Mason, Stevenson, Tremaine and Zumwalt Members absent: none March- Members present: Garcia, Kopitar, Mason, Stevenson and Zumwalt Members absent: Tremaine April - Members present: Garcia, Kopitar, Mason, Stevenson and Tremaine Members absent: Zumwalt May - Members present: Garcia, Kopitar, Mason, Stevenson, Tremaine and Zumwalt Members absent: none June- Members present: Garcia, Mason, Stevenson and Tremaine Members absent: Kopitar and Zumwalt July- Members present: Garcia, Kopitar, Mason, Tremaine and Zumwalt Members absent: Stevenson September- Members present: Garcia, Kopitar, Mason, Stevenson, Tremaine and Zumwalt Members absent: none October - Members present: Garcia, Kopitar, Mason, Stevenson, Tremaine and Zumwalt Members absent: none November - Members present Douglas, Garcia, Kopitar, Mason, Stevenson, Tremaine and Zumwalt Members absent: none Gloria Magleby had to resign her position this year due to illness. RECOMMENDATION(S): ADOPT Resolution No. 2012/122 revising the nominating authority in governing resolutions or board orders for certain boards, committees, and commissions and acknowledging elimination of certain bodies from the Local Appointments List. FISCAL IMPACT: No fiscal impact. BACKGROUND: On July 27, 2011, the Board of Supervisors approved Ordinance No. 2011-15, which implemented a redistricting plan required by California Elections Code § 21500. Every ten years, following the results of the United States Census, state and local governments must undergo a redistricting process, which results in the redistribution of various district lines for elected offices. This resolution updates various governing documents for certain boards, committees, and commissions that have been impacted by the redistricting process due to updated Supervisorial District boundaries. In addition, the resolution acknowledges dissolution APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Arsenio Escudero, 925-335-1907 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.66 To:Board of Supervisors From:David Twa, County Administrator Date:April 3, 2012 Contra Costa County Subject:Realignment of Nominating Jurisdictions for Boards, Committees, Commissions to New Supervisorial District Boundaries BACKGROUND: (CONT'D) of three appointive bodies due to recent Board action and passage of the ABx1 26 (Chapter 5, Statutes of 2011), which dissolved local Redevelopment Agencies. Finally, the resolution establishes that passage of future decennial redistricting ordinances would automatically result in the realignment of nominating authority by District Supervisors for certain seats on various boards, committees, and commissions, consistent with changes in electoral district boundaries. CONSEQUENCE OF NEGATIVE ACTION: The nominating authority over boards, committees, and commissions will not properly align with the updated Supervisorial District boundaries and several boards, committees, and commissions will not be acknowledged as having been dissolved. CHILDREN'S IMPACT STATEMENT: No impact. ATTACHMENTS Resolution No. 2012/122 ABX1 26 Alamo MAC Reso. Bethel Island MAC Reso. Crockett-Carquinez Bridge Reso. Crockett-Carquinez Fire Reso. Pacheco MAC Reso. Rodeo MAC Reso. Hap Magee BO Hap Magee Contract Montalvin Manor BO THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 04/03/2012 by the following vote: AYES: John Gioia Mary N. Piepho Karen Mitchoff Federal D. Glover NOES: ABSENT:Gayle B. Uilkema ABSTAIN: RECUSE: Resolution No. 2012/122 REALIGNMENT OF NOMINATING JURISDICTIONS FOR BOARDS, COMMITTEES, AND COMMISSION TO NEW SUPERVISORIAL DISTRICT BOUNDARIES.      WHEREAS, each District Supervisor nominates members to boards, committees, and commissions that have District seats (hereafter “Type I seats”); and       WHEREAS, each District Supervisor’s nominating jurisdiction to Type I seats may be impacted during the decennial redistricting process required by California Elections Code § 21500; and      WHEREAS, the Contra Costa County Board of Supervisors approved a redistricting plan on July 27, 2011 (Ordinance No. 2011-15); and      WHEREAS, nominating authority and jurisdiction for Type I seats must be realigned in order to correlate with newly drawn Supervisorial District boundaries; NOW, THEREFORE, BE IT RESOLVED that: I. The establishing resolutions for the following boards, committees, and commissions are amended as follows:      a) Alamo Municipal Advisory Council: Established August 11, 2009 by Resolution No. 2009/398. Resolution 2009/398, is hereby amended by the following action:           i. Delete language in Section 3, titled “Membership”, that refers to nomination of members by the District III Supervisor and replace with the following: “The Council shall consist of seven (7) members, who shall be residents of the unincorporated Alamo community and who shall be appointed by the Board of Supervisors, upon nomination by the District Supervisor who represents the territorial area of the Alamo Municipal Advisory Council.”      b) Bethel Island Municipal Advisory Council : Established May 3, 1994 by Resolution No. 94/316, and most recently replaced pursuant to Resolution No. 2009/382. Resolution 2009/382 is hereby amended by the following action:          i. Delete language in Section 3, titled “Membership”, that refers to nomination of members by the District V Supervisor and replace with the following: “The Council shall consist of five (5) members, who shall be residents of the Bethel Island community and who shall be appointed by the Board of Supervisors, upon nomination by the District Supervisor who represents the territorial area of the Bethel Island Municipal Advisory Council.”      c) Pacheco Municipal Advisory Council: Established September 10, 1991 by Resolution No. 91/639, and most recently replaced pursuant to Resolution No. 2009/384. The Pacheco Municipal Advisory Council (“Council”) Establishing Resolution No. 2009/384 is hereby amended by the following action:            i. Delete language in Section 3, titled “Membership”, and replace with the following: “The Council shall consist of five (5) members and one (1) alternate member, who shall be residents of the unincorporated Pacheco community and who shall be appointed by the Board of Supervisors, upon nomination by the District Supervisor who represents the territorial area of the Pacheco Municipal Advisory Council.”      d) Rodeo Municipal Advisory Council : Established February 15, 1994 by Resolution No. 94/94, and most recently replaced 4 1 pursuant to Resolution No. 2009/388. The Rodeo Municipal Advisory Council (“Council”), Establishing No. Resolution 2009/388 is hereby amended by the following action:           i. Delete language in Section 3, titled “Membership”, and replace with the following: “The Council shall consist of seven (7) members, who shall be residents of Rodeo and who shall be selected and appointed by the Board of Supervisors, upon nomination by the Supervisor who represents the territorial area of the Rodeo Municipal Advisory Council.” e) Crockett-Carquinez Fire Protection District’s Fire Advisory Commission: Established November 30, 1965, by Resolution 4622, and amended pursuant to Board Order C.26 on August 5, 1997, to include one (1) Alternate seat. The Crockett-Carquinez Fire Protection District’s Fire Advisory Commission Board Order C. 26, is hereby amended by the following action: i. Delete Paragraph 3, and replace with the following language: “The District Supervisor who represents the territorial area of the Crockett-Carquinez Fire Protection District’s Fire Advisory Commission shall nominate the Alternate Seat member.” II. ACKNOWLEDGE the elimination of the following bodies from the Local Appointments List:      a) Carquinez Bridge Crockett Advisory Committee:           Established on December 16, 1997, by Agenda Item C.138, for the sole purpose of addressing the local construction impacts on the community surrounding the Carquinez Bridge Crockett bridge replacement and seismic retrofit project. This project has been completed, and, therefore, this committee is dissolved upon recommendation of the District Supervisor.  b) Hap Magee Ranch Joint Planning Committee:            Pursuant to Section 2 of the attached Joint Exercise of Powers Agreement titled, “Joint Exercise Powers Agreement for the Operation and Maintenance of Hap Magee Ranch Park,” approved by the Board of Supervisors on August 16, 2011 (Agenda Item No. C.16), “This Agreement supersedes and replaces in its entirety the 1987 Joint Powers Agreement. The parties mutually agree that the 1987 Joint Powers Agreement is hereby terminated.” The 1987 Joint Powers Agreement, which established this committee, has been terminated, and therefore, this committee has been dissolved.      c) Montalvin Manor Redevelopment Advisory Committee:           Pursuant to California Assembly Bill1X 26 passed on June 29, 2011, and upheld by the California Supreme Court, all Redevelopment Agencies in California have been dissolved. The Montalvin Manor Redevelopment Advisory Committee was an advisory body to the Contra Costa County Redevelopment Agency, and therefore, this committee has been dissolved by operation of law. III. DECLARE for the remaining boards, committees, and commissions:      a) The nominating authority for Type I seats on various boards, committees, and commissions located in a certain geographic area within a specific Supervisorial District shall automatically realign, in concert with each decennial redistricting ordinance approved by the Board of Supervisors, acting in its various capacities, to the District Supervisor representing that geographic area as described in the most current decennial redistricting ordinance. Contact: Arsenio Escudero, 925-335-1907   I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors   By: June McHuen, Deputy cc: C.16 To:Board of Supervisors From:Julia R. Bueren, Public Works Director/Chief Engineer Date:August 16, 2011 Contra Costa County Subject:APPROVE and AUTHORIZE the Joint Exercise of Powers Agreement for the Operation and Maintenance of Hap Magee Ranch Park with the Town of Danville. RECOMMENDATION(S): APPROVE and AUTHORIZE the Chair of the Board of Supervisors to execute a Joint Exercise of Powers Agreement for the Operation and Maintenance of Hap Magee Ranch Park with the Town of Danville. Project No. 7758-6X5536 FISCAL IMPACT: No fiscal impact. BACKGROUND: Hap Magee Ranch Park (the Property) consists of approximately 17 acres that are located along the Alamo area/Danville boundary at the north end of La Gonda Way. Pursuant to an agreement entitled “Agreement Among the Town of Danville, the County of Contra Costa and Contra Costa County Public Facilities Corporation Relating to the Purchase of Real Property,” dated May 26, 1987, the County and Town each contributed fifty percent of the purchase price of the Property to permit the Contra Costa County Public Facilities Corporation (the “PFC”) to purchase the Property. The PFC acquired the Property on June 2, 1987. In December 2010, the PFC transferred the Property to the County and the Town to own as tenants in common, each with an undivided one-half interest. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 08/16/2011 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYES NOES ABSENT ABSTAIN RECUSE Contact: Cheryl Sousa; 925-313-2252 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: August 16, 2011 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: Real Property; Fina Prak, Deputy Admin; Brian Balbas, Engineering Services; Warren Lai, Special Districts; Susan Cohen 5 BACKGROUND: (CONT'D) Since its acquisition by the PFC in 1987, the County and the Town have jointly operated and maintained the Property pursuant to an agreement entitled “Joint Powers Agreement (Magee Park),” dated May 26, 1987 (the 1987 JPA). Many of the provisions of the 1987 JPA are outdated. As a result, the County and the Town desire to replace the 1987 JPA Agreement with a simplified Joint Exercise of Powers Agreement to facilitate the ongoing operation and maintenance of the Park. CONSEQUENCE OF NEGATIVE ACTION: The County and Town would continue to operate the Park under the 1987 JPA. CHILDREN'S IMPACT STATEMENT: Not applicable. RECOMMENDATION(S): ADOPT Resolution No. 2012/129, to supersede Resolution No. 2009/25 authorizing Russell Watts in the capacity of Treasurer-Tax Collector, Brice Bins in the capacity of Chief Deputy Treasurer-Tax Collector and Belinda Zhu in the capacity of Assistant Treasurer to deposit and withdraw money in the Local Agency Investment Fund (LAIF), as recommended by the Treasurer-Tax Collector. FISCAL IMPACT: None. BACKGROUND: Local governmental agencies may participate in LAIF by filing a resolution adopted by the agency’s governing board with the State Treasurer’s Office. In 2009, the Contra Costa County Board of Supervisors adopted Resolution No. 2009/25 authorizing and acknowledging a change in authorized persons to deposit or withdraw monies in LAIF. Resolution 2012/129 shall further update officers authorized to deposit or withdraw monies in LAIF as applicable. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Brice Bins, 925-957-2848 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.67 To:Board of Supervisors From:Russell Watts, Treasurer-Tax Collector Date:April 3, 2012 Contra Costa County Subject:Local Agency Investment Fund (LAIF) Resolution CONSEQUENCE OF NEGATIVE ACTION: None. Resolution No. 2009/25 is valid and provides that the officers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the LAIF. However, Resolution 2012/129 supersedes Resolution No. 2009/25 updating the names of current officers authorized. CHILDREN'S IMPACT STATEMENT: Not applicable. ATTACHMENTS Resolution No. 2012/129 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 04/03/2012 by the following vote: AYES: John Gioia Mary N. Piepho Karen Mitchoff Federal D. Glover NOES: ABSENT:Gayle B. Uilkema ABSTAIN: RECUSE: Resolution No. 2012/129 Resolution of Contra Costa County an in accordance with California Government Code Section 16429.1 Authorizing Investment of Monies in the Local Agency Investment Fund (Account #99-07-000) WHEREAS, Pursuant to Chapter 730 of the statutes of 1976 Section 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer; and WHEREAS, the Board of Supervisors does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein as in the best interests of the CONTRA COSTA COUNTY. NOW THEREFORE, BE IT RESOLVED, that the Board of Supervisors does hereby authorize the deposit and withdrawal of CONTRA COSTA COUNTY monies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein, and verification by the State Treasurer's Office of all banking information provided in that regard. BE IT FURTHER RESOLVED, that the following CONTRA COSTA COUNTY officers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund: Russell V. Watts, Brice Bins, Belinda Zhu, Treasurer-Tax Collector Chief Deputy Treasurer-Tax Collector Assistant Treasurer _____________________ ____________________ ___________________ (SIGNATURE) (SIGNATURE) (SIGNATURE) Contact: Brice Bins, 925-957-2848 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: 4 1 RECOMMENDATION(S): Approve the list of providers recommended by the Contra Costa Health Plan's Peer Review and Credentialing Committee at their February 14, 2012 meeting, and by the Health Services Director, as required by the State Departments of Health Care Services and Managed Health Care, and the Centers for Medicare and Medicaid Services. FISCAL IMPACT: None. BACKGROUND: The National Committee on Quality Assurance (NCQA) has requested evidence of Board of Supervisors approval for each CCHP provider be contained within the provider’s credentials file. The recommendations were made by CCHP’s Peer Review and Credentialing Committee. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, Contra Costa Health Plan's Providers would not be appropriately credentialed and not be in compliance with the NCQA. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Patricia Tanquary, 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: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Tasha Scott, Demetria Gary, L. Maria Perez C.68 To:Board of Supervisors From:William Walker, M.D., Health Services Director Date:April 3, 2012 Contra Costa County Subject:Approve New and Recredentialing Providers in Contra Costa Health Plan’s Community Provider Network CHILDREN'S IMPACT STATEMENT: Not applicable. ATTACHMENTS G:\C&G DIRECTORY\NON CONTRACTS\2012\bopl-February 14, 2012.doc Page 1 of 2 Contra Costa Health Plan Providers Approved by Peer Review and Credentialing Committee February 14, 2012 CREDENTIALING PROVIDERS FEBRUARY 2012 Name Specialty Brown, Michael, M.D. Urology Esperanza, Sylvia, N.P. Mid-level – Pain Management Heramia, Almita, N.P. Mid-level – Pain Management Lowenthal, Julia, N.P. Family Planning Rose, Melissa, M.D. Primary Care Pediatrician/Sports Medicine Zhang, Martin, L.Ac. Acupuncture RECREDENTIALING PROVIDERS FEBRUARY 2012 Name Specialty Amirdelfan, Kasra, M.D. Pain Management Bhattacharyya, Alok, M.D. Neurology Bruch, Herman, M.D. Pulmonary Disease Chen, Jeff, M.D. Pain Management Cottrell, Ann, M.D. Pain Management Dudler, Jack, M.D. Primary Care General Practice Elder, Janet, N.P. Family Planning Hitchcox, Charmaine, Ph.D. Mental Health Services Hobert, D. Kent, M.D. Primary Care Family Medicine Javaheri, Shahin, M.D. Surgery – Plastic and Reconstructive Otolaryngology (ENT) Jumig, Elmer, M.D. Primary Care Pediatrician Kaminski, Kristof, PA Primary Care Family Medicine Landers, Mallory, LCSW Mental Health Services Mack, Porshia, M.D. Primary Care Pediatrician Mercer, Barbara, Ph.D. Mental Health Services Page 2 of 2 Contra Costa Health Plan Providers Approved by Peer Review and Credentialing Committee February 14, 2012 RECREDENTIALING PROVIDERS FEBRUARY 2012 Name Specialty Miller, Terina, M.D. Nephrology Morrissey, Ellen, M.D. Nephrology Newman, Ronald, D.C. Chiropractic Patel, Swati, M.D. Nephrology Rohra, Srikrishin, M.D. Cardiovascular Disease Sharma, Rohit, M.D. Nephrology Smith, W. Byron, M.D. Pediatric Hematology-Oncology Sufrin, Carolyn, M.D. Family Planning Tran, Thanh Q., M.D. Neurology Weil, Lawrence, M.D. Pain Management bopl-February 14, 2012 RECOMMENDATION(S): APPROVE and AUTHORIZE the Department of Conservation and Development Director, or designee, to execute a contract amendment with Environmental Science Associates to extend the term from April 1, 2012, to April 1, 2013, with no increase in the payment limit, to provide continued services to complete the Environmental Impact Report for the Bayview Estates Residential Project. FISCAL IMPACT: None to the County General Fund. The cost is covered by revenue received from land development application fees. BACKGROUND: The environmental document is for a pending application for a General Plan Amendment, Rezoning, Final Development Plan and Subdivision on an 80 acre site near the end of Central Avenue in the Vine Hill area. The Bayview residential project consists of subdividing one parcel into 163 single-family lots. To assist staff in preparation and completion of an Environmental Impact Report (EIR), the County entered into a contract with Environmental Science Associates, an environmental consultant. The contract amount will remain unchanged. There is a continuing need for services by Environmental Science Associates and staff recommends that the Board approve and authorize an extension of time to complete the EIR process. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Ryan Hernandez, 925-674-7788 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.69 To:Board of Supervisors From:Catherine Kutsuris, Conservation and Development Director Date:April 3, 2012 Contra Costa County Subject:Contract Extension with Environmental Science Associates for the Completion of an Environmental Impact Report on the Bayview Residential Project CONSEQUENCE OF NEGATIVE ACTION: The contractual services of Environmental Science Associates would terminate and would not be available to complete the Environmental Impact Report for the Bayview residential project. CHILDREN'S IMPACT STATEMENT: No Impact. Resolution No. AIR-10649   Consent 78. BOS Agenda Other Actions Meeting Date:04/03/2012 Time (Duration):5 Minutes   Approve Consolidation Requests for the June 5, 2012 Primary Election Submitted For: Stephen L. Weir, Clerk-Recorder  Department:Clerk Recorder Division:Clerk Recorder - Elections Noticed Public Hearing: No Official Body: Board of Supervisors Presenter/Phone, if applicable: Audio-Visual Needs: Handling Instructions: District: All Districts Contact, Phone: Rosa Mena, 925.335.7806 Information Recommendation(s): APPROVE the consolidation requests on file in the Contra Costa Elections Division from the following jurisdictions for the June 5, 2012 Primary Election. Antioch Unified School Facilities Improvement Dist. No. 1 - Bond Measure West Contra Costa Unified School Dist. - Parcel Tax Measure City of Antioch - Change City Clerk & Treasurer from Elected to Appointed City of Antioch - Change Mayor from Elected to Appointed City of Hercules - Sell Municipal Utility District City of Hercules - Transaction and Use Tax Measure City of Pittsburg - Transaction and Use Tax Measure City of San Pablo - Transaction and Use Tax Measure Crockett Community Services Dist. - Special Tax Measure East Contra Costa Fire Protection Dist. - Parcel Tax Measure Fiscal Impact: There is no direct cost to the County. Any additional costs incurred by the Elections Division will be recovered through billing the affected jurisdictions. Background: Granting the requests will allow the County Elections Division to conduct the election for the Granting the requests will allow the County Elections Division to conduct the election for the above mentioned jurisdictions as a consolidated election. Consequence of Negative Action: Not approving the requests could increase costs to those jurisdictions to conduct separate elections. Children's Impact Statement: Not Applicable. Budget Information Information about available funds Budgeted: Funds Available: Adjustment: Amount Available: Unbudgeted: Funds NOT Available: Amendment: Account Code(s) for Available Funds 1: Fund Transfers Attachments No file(s) attached. Minutes Attachments No file(s) attached. RECOMMENDATION(S): DECLARE as surplus and AUTHORIZE the Purchasing Agent, or designee, to dispose of fully depreciated vehicles no longer needed for public use as recommended by the Public Works Director. FISCAL IMPACT: There is no fiscal impact associated with approval of recommended action. BACKGROUND: Section 1108-2.212 of the County Ordinance Code authorizes the Purchasing Agent to dispose of any personal property belonging to Contra Costa County and found by the Board of Supervisors not to be required for public use. The property for disposal is either obsolete, worn out, beyond economical repair, or damaged beyond repair. CONSEQUENCE OF NEGATIVE ACTION: General Services would not be able to dispose of surplus vehicles. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: David Gould 925-313-7326 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: GSD Administration, GSD Accounting, GSD Fleet Services, Auditor Controller, County Administrator, GSD Purchasing, GSD Purchasing, GSD Surplus C.71 To:Board of Supervisors From:Julia R. Bueren, Public Works Director Date:April 3, 2012 Contra Costa County Subject:Disposal of Surplus Property ATTACHMENTS Surplus Vehicles & Equipment ATTACHMENT TO BOARD ORDER April 3, 2012 Department Description/Unit/Make/Model Serial No. Condition A. Obsolete B. Worn Out C. Beyond economical repair D. Damaged beyond repair RISK MANAGEMENT 2002 FORD TAURUS #0353 (92451 Miles) 1FAFP52U82G199298 B. WORN OUT SHERIFF 1997 FORD TAURUS #0679 (79518 Miles) 1FALP52U2VG276559 B. WORN OUT SHERIFF 1996 FORD TAURUS #0699 (89058 Miles) 1FALP52U7VG302296 B. WORN OUT SHERIFF 2007 FORD CROWN VICTORIA #2750 (100472 Miles) 2FAFP71W17X115466 C. BEYOND ECONOMICAL REPAIR PUBLIC DEFENDER 2005 FORD TAURUS #0751 (90317 Miles) 1FAFP53U55A265960 B. WORN OUT PUBLIC DEFENDER 2008 HONDA CIVIC #0281 (116803 Miles) 1HGFA46578L000722 B. WORN OUT PUBLIC WORKS 1987 GMC TC7D042 TRUCK #6403 (67235 Miles) 1GDK7DY3HV538850 A. OBSOLETE. NEW TRAP NEEDED HEALTH SERVICES 1999 FORD WINDSTAR VAN #5887 (95550 Miles) 2FMZA5144XBC53670 B. WORN OUT GENERAL SERVICES 2001 FORD E-250 CARGO VAN #4590 (95492 Miles) 1FTNE24M51HB35123 B. WORN OUT SHERIFF 2001 FORD TAURUS #0480 (87000 Miles) 1FAFP52U01G154693 B. WORN OUT RECOMMENDATION(S): CONTINUE the emergency action originally taken by the Board of Supervisors on November 16, 1999 regarding the issue of homelessness in Contra Costa County. FISCAL IMPACT: None. BACKGROUND: Government Code Section 8630 required that, for a body that meets weekly, the need to continue the emergency declaration be reviewed at least every 14 days until the local emergency is terminated. In no event is the review to take place more than 21 days after the previous review. On November 16, 1999, the Board of Supervisors declared a local emergency, pursuant to the provisions of Government Code Section 8630 on homelessness in Contra Costa County. With the continuing high number of homeless individuals and insufficient funding available to assist in sheltering all homeless individuals and families, it is appropriate for the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Lavonna Martin, 925-313-6736 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.72 To:Board of Supervisors From:Dorothy Sansoe, County Administrator Date:April 3, 2012 Contra Costa County Subject:Extension of Emergency Declaration Regarding Homelessness BACKGROUND: (CONT'D) Board to continue the declaration of a local emergency regarding homelessness. CONSEQUENCE OF NEGATIVE ACTION: The Board of Supervisors would not be in compliance with Government Code Section 8630. CHILDREN'S IMPACT STATEMENT: None. RECOMMENDATION(S): ACCEPT the 2010/11 Annual Report from the Contra Costa County Juvenile Justice-Delinquency Prevention Commission. FISCAL IMPACT: No fiscal impact. BACKGROUND: Section 229 of the Welfare and Institutions Code mandates that each County have a Juvenile Justice Commission to inquire into the administration of juvenile court law. The Code also allows each county to have a Delinquency Prevention Commission at the discretion of the Board of Supervisors. Contra Costa County has such a Commission with the latter established in 1966. The Commission has access to all publicly administered institutions authorized by the County. It annually inspects jails, lock-ups, institutions and bi-annually county group home facilities. The purpose of the Juvenile Justice-Delinquency Prevention Commission is to be a public conscience in the best interest of justice for children and youth. CONSEQUENCE OF NEGATIVE ACTION: No negative action. CHILDREN'S IMPACT STATEMENT: No impact. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 04/03/2012 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor ABSENT:Gayle B. Uilkema, District II Supervisor Contact: Jamie Miller/Valerie Pastor 925-313-4188 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: April 3, 2012 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C.73 To:Board of Supervisors From:Philip F. Kader, County Probation Officer Date:April 3, 2012 Contra Costa County Subject:PRESENTATION of the Juvenile Justice-Delinquency Prevention Commission Annual Report for Fiscal Year 2010-2011 ATTACHMENTS 2010-11 JJC Annual Report 1 | P a g e CONTRA COSTA COUNTY JUVENILE JUSTICE COMMISSION AND DELINQUENCY PREVENTION COMMISSION 50 Douglas Drive, Suite 201 Martinez, California 94553-8500 (925) 313-4188 Date: December 30, 2011 To: Honorable Diana Becton, Presiding Superior Court Judge Honorable Lois M. Haight, Presiding Juvenile Court Judge Mary Piepho, Chairperson, and Members of the CCC Board of Supervisors Philip Kader, Contra Costa County Chief Probation Officer Joe Valentine, Director of Employment and Human Services Department David Twa, County Administrator of Contra Costa County Dr. William B. Walker, Director, Contra Costa County Health Services Depart Barbara Fenton, CSA Field Representative for the CCC Probation Department From: Thomas H. Sponsler, Chairman, Contra Costa County Juvenile Justice Commission Subject: Annual Report Fiscal Year 2010-2011 _______________________________________________________________________________ Section 229 of the Welfare and Institutions Code mandates that each coun ty have a Juvenile Justice Commission to inquire into the administration of juvenile court law. The code also allows each county to have a Delinquency Prevention Commission at the discretion of the Board of Supervisors. Contra Costa County has such a Commission with the latter established in 1966. The Commission has access to all publicly administered institutions authorized by the county. It annually inspects jails, lockups, institutions and bi-annually county group home facilities. Following each inspection, if requested, the report findings and recommendations are provided to the Presiding Juvenile Court Judge and others for review. The Commission also visits Juvenile Court and may hold hearings on matters concerning juvenile custody care or facilities. The Juvenile Court Judge may issue subpoenas requiring attendance and testimony of witnesses and production of documents at the hearings. The Commission is concerned with policy matters, advises the Juvenile Court, and is responsible for policy-making recommendations. It makes recommendations for administrative body changes, it determines beneficial to juvenile justice, and it ensures that the changes are appropriate, safe and include adequate services. The Commission may conduct studies including: review of essential services and budgets to ensure relevant and effective probation services; exploration of matters initiated by commissioners or referred by the Juvenile Court Judge, the Probation Department, the Board of Supervisors, or citizen inquiry. The purpose of the Juvenile Justice Delinquency Prevention Commission is to be a public conscience in the best interest of justice for children and youth. 2 | P a g e Membership There are 15 member positions on the Commission, all appointed by the Presiding Judge of the Juvenile Court. Each commissioner serves a four-year term unless filling the unexpired term of a resigned commissioner. At least two commissioners must be youth members. The Commission attempts to reflect the racial, ethnic diversity and ge ographic representations of the county. The geographic make up of the commission for fiscal year 2010-2011 was: Antioch 1 Martinez 1 Richmond 1 Concord 1 Moraga 1 San Ramon 2 Hercules 1 Pittsburg 1 Walnut Creek 5 The Commission always has difficulty recruiting youth commissioners and is currently short one member. The Commission has an established list of six functioning sub -committees. Each member serves on several of these committees. The following committees report to the entire commission as needed: Executive, Inspections, Membership, Special Events/Awards, Grants/Development, Medical and Mental Health. Meetings The Commission meets regularly on the third Monday of every month at 5:30 pm. There is no monthly meeting scheduled in August. The January and February meetings are held on the fourth Monday, due to federal holidays. Meetings are normally held in the Second floor conference room of the Probation Department at 50 Douglas Drive and are open to the public. To conduct official business at these monthly meetings, a quorum of members is required. At the monthly meetings, reports are received from representatives of the Juvenile Court and Juvenile Probation. Employment and Human Services Department and Children's Mental Health reports are presented bi-monthly. (Representation of these two Departments has been infrequent.) Reports from other agencies may be requested by the Commission as required. Previously the Juvenile Justice and the Delinquency Prevention Commissions met one after the other. This year the meetings were combined into one meeting to save time. Special Programs Once a year, the Commission endeavors to recognize individuals, groups and organizations that have contributed to juvenile justice or delinquency prevention in a significant way. The Commission hosts an awards ceremony in May to recognize those individuals and call attention to their outstanding work in helping the County’s juvenile population. On May 14, 201 1 the JJ/DPC held their annual awards ceremony at the Deputy Sheriff's Association in Martinez. Funds for refreshments were made available by the Juvenile Hall Auxiliary. Recipients of this year's awards (for the year 2010) were: 3 | P a g e Outstanding Service/Contribution by a Juvenile Deputy Probation Officer/Supervisor Miguel Chavez, Deputy Probation Officer, West County Office Tamara Hamilton, Deputy Probation Officer, Central County Office La Sha Hill, Deputy Probation Officer, East County Office Sandra Webb, Deputy Probation Officer, East County Office Suzanne Nelson, Probation Supervisor, Central County Office Outstanding Service/Contribution by a County Juvenile Facility Employee Michael Pitts, Retired Superintendent, OAYRF Tamara Gusman-Taylor, Probation Counselor, Juvenile Hall Dion Ingram, Probation Counselor, Juvenile Hall Wendy Roberts, Probation Counselor, OAYRF John Zamora, Probation Counselor, OAYRF Outstanding Service/Contribution by a Law Enforcement Officer Detective David Mathers, Martinez Police Dept Officer David Rangel, Walnut Creek Police Dept Officer Carrie Martinez, Pleasant Hill Police Dept Deputy Thomas Rossberg, Contra Costa County Office of the Sheriff Outstanding Service/Contribution by a Non-Law Enforcement Individual Jim Hernandez, Gang Intervention Consultant Outstanding Service/Contribution by a Community Volunteer Ron Siemens, Community Volunteer, Del Amigo High School, Danville Hall Closet Volunteers, Juvenile Hall Auxiliary Outstanding Service/Contribution by a Facility or Institution Program Juvenile Placement Unit, Contra Costa County Probation Department Model Program of Excellence The Parent Project in the San Pablo Police Dept Youth & Educational Services (YES) Unit Juvenile Offender Success Story Marcos Albuena, Juvenile Success Story James Edward Buie, Jr., Juvenile Success Story Jamel Chatman, Juvenile Success Story Isaacar’tre Frelot, Juvenile Success Story Jeremy Jermon-Ajaebo, Juvenile Success Story Ricardo Terrazas, Jr., Juvenile Success Story Antoine ZaidiDamu Wade, Juvenile Success Story A special award for support and outstanding service to the Probation Department was made to Orin Allen by County Chief Probation Officer, Philip Kader. This will be a yearly award decided and presented by the Chief Probation Officer a nd includes a donation by the Chief to the Juvenile Hall Auxiliary in the honoree's name. 4 | P a g e Inspections Part of the Commission's mandated purpose is to conduct annual inspections of the juvenile facilities within the County. These include lock up facilities as well as group homes and treatment programs. Following each inspection a report is written by the inspection team and submitted to the presiding judge of the juvenile court and others for review. During the fiscal year 2010-2011 (nineteen) inspections were completed. The remainder of inspections (including County group homes) will be assigned by the inspection committee. Guests The Commission always welcomes guests at their meetings. This fiscal year Do n Graves, Program Coordinator for the Independent Living Skills Program, Vern Wallace from Children’s Mental Health, Jay Leonhardy from the Richmond Youth Works Program and Tonya Clenney, Program Director of the Tri -Valley Youth Court and the Contra Costa County Youth Court met with the Commissioners and made presentations regarding their programs Facilities Over the past year there have been increased efforts to bring enrichment programs to Juvenile Hall and OAYRF (Orin Allen Youth Rehabilitation F acility—"the Boy’s Ranch"). For example, a Latino Heritage celebration and a visit by former and current San Francisco 49’ers players were held at OAYRF. Tony Porter, an authority of violence against women spoke at both O AYRF and Juvenile Hall. Art work created by the youth at Juvenile Hall and OAYRF ha s been displayed in libraries throughout the county as well as at the Commission’s Award Ceremony. Youth form the OAYRF went on a camping trip with Manager Dave Ellis and several probation counselors. Oth ers have attended a Stockton Ports baseball game and a Travis Air Show. The youth at OAYRF also participated in a model airplane program led by Commissioner Orin Allen. Budgetary cuts have required the closing of one of the units at Juvenile Hall. Fort unately, the number of youth referred to Juvenile Hall has dropped. Programs The Commission’s major focus over the past year has been to secure funding for more mental health services at OAYRF. Boys housed at that facility often suffer from mental illnes ses that could be helped by adequate assistance. The boys are at the facility long enough to be able to engage in therapy and to begin to see benefits from it. Unfortunately, under current law they are not eligible for Medi-Cal assistance and the amount of discretionary funds available in these lean economic times does not allow staffing at OAYRF at what the Commission believes to be an adequate level. Members of the Commission have been working to find funds that could be devoted to this purpose. Some progress was made when a mental health intern was assigned to OAYRF. Events of Interest During the fiscal 2010-2011 year the following events involving the Commission are worthy of mentioning. This includes Juvenile Probation Programs and their facilities: Philip F. Kader became the new County Chief Probation Officer. The Commission has been very favorably impressed by Chief Kader and has been working with him closely. He faces many 5 | P a g e challenges brought about by the county’s difficult financial situati on. The Commission is trying to be as helpful as possible. The Youthful Offenders’ Transitional Program (YOTP) presented a talent show for its clients. Minors in Juvenile and OAYRF produced a poetry book. This is a result of a program to introduce these young people to poetry and the creative process. A poetry contest was held at OAYRF with seven boys reading their poems. All 100 boys were in attendance. Commissioner Shanta Ramdeholl attended the MHSASs Prevention and Early Intervention training and reported being favorably impressed by the health services being offered to juveniles leaving Contra Costa County correctional institutions. Commissioners assisted in securing a grant from the Lesher Foundation in the amount of $10,000 to purchase new library books for Juvenile Hall and OAYRF. At the recommendation of the Civil Grand Jury, the Probation Department and the Office of Education has purchased vocational development software for use at Juvenile Hall and the OAYRF. Commissioner Karl Livengood has organized an art program at OAYRF. Commissioners Brian Lindblom and Karl Livengood have been working to expand the size of the OAYRF library. Commissioner Brian Lindblom spoke before the Moraga-Orinda rotary Club about the Juvenile Hall Library and to elicit volunteers for the Volunteers in Probation program. Conclusions The Commission’s mission is to reduce the delinquent population and keep youth out of the juvenile justice system by: 1. Sponsoring and participating in diversion and prevention activities that steer youth away from entering the juvenile justice system. 2. Supporting programs and systems that can assist youth with mental health and substance abuse issues that may eventually lead to involvement or re-involvement in the juvenile justice system. 3. Promoting education and training for the youth who are involved in the Juvenile Justice system so that they might become responsible citizens, leaving their delinquency behind and becoming succe ssful in completion of their probation as they return and live in their communities. Mental Health services continue to be inadequate again this year in the institutions. Many minors in custody have a history of physical, sexual or mental abuse, alcoh ol and drug abuse, gang involvement, prostitution, truancy and neglect. The Commission has been working with the Mental Health Commission to find ways to increase support in this area of mental health. The Commission continues to work closely with the Probation staff, other youth serving agencies, and County organizations to advance and promote innovative delinquency prevention programs. The Commission is fortunate to have a positive relationship with the Juvenile Court Judges and the dedicated staff of the Juvenile Probation Department.