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HomeMy WebLinkAboutMINUTES - 10182022 - Completed Min PktCALENDAR FOR THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY AND FOR SPECIAL DISTRICTS, AGENCIES, AND AUTHORITIES GOVERNED BY THE BOARD BOARD CHAMBERS, ADMINISTRATION BUILDING, 1025 ESCOBAR STREET MARTINEZ, CALIFORNIA 94553-1229 KAREN MITCHOFF, CHAIR, 4TH DISTRICT FEDERAL D. GLOVER, VICE CHAIR, 5TH DISTRICT JOHN GIOIA, 1ST DISTRICT CANDACE ANDERSEN, 2ND DISTRICT DIANE BURGIS, 3RD DISTRICT MONICA NINO, CLERK OF THE BOARD AND COUNTY ADMINISTRATOR, (925) 655-2075 PERSONS WHO WISH TO ADDRESS THE BOARD DURING PUBLIC COMMENT OR WITH RESPECT TO AN ITEM THAT IS ON THE AGENDA, MAY BE LIMITED TO TWO (2) MINUTES. A LUNCH BREAK MAY BE CALLED AT THE DISCRETION OF THE BOARD CHAIR. The Board meeting will be accessible in-person, via television, and via live-streaming to all members of the public. Board meetings are televised live on Comcast Cable 27, ATT/U-Verse Channel 99, and WAVE Channel 32, and can be seen live online at www.contracosta.ca.gov. Persons who wish to address the board during public comment or with respect to an item on the agenda may comment in person or may call in during the meeting by dialing 888-278-0254 followed by the access code 843298#. A caller should indicate they wish to speak on an agenda item, by pushing "#2" on their phone. Access via Zoom is also available using the following link: https://cccounty-us.zoom.us/j/87344719204 . Those participating via Zoom should indicate they wish to speak on an agenda item by using the “raise your hand” feature in the Zoom app. To provide contact information, please contact Clerk of the Board at clerkoftheboard@cob.cccounty.us or call 925-655-2000. Meetings of the Board are closed-captioned in real time. Public comment generally will be limited to two minutes. Your patience is appreciated. A Spanish language interpreter is available to assist Spanish-speaking callers. A lunch break or closed session may be called at the discretion of the Board Chair. Staff reports related to open session items on the agenda are also accessible online at www.contracosta.ca.gov. ANNOTATED AGENDA & MINUTES October 18, 2022            9:00 A.M. Convene, call to order and opening ceremonies. Closed Session A. CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code § 54957.6) 1. Agency Negotiators: Monica Nino. Employee Organizations: Public Employees Union, Local 1; AFSCME Locals 512 and 2700; California Nurses Assn.; SEIU Locals 1021 and 2015; District Attorney Investigators’ Assn.; Deputy Sheriffs Assn.; United Prof. Firefighters I.A.F.F., Local 1230; Physicians’ & Dentists’ Org. of Contra Costa; Western Council of Engineers; United Chief Officers Assn.; Contra Costa County Defenders Assn.; Contra Costa County Deputy District Attorneys’ Assn.; Prof. & Tech. Engineers IFPTE, Local 21; and Teamsters Local 856. 2. Agency Negotiators: Monica Nino. Unrepresented Employees: All unrepresented employees. B. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Gov. Code, § 54956.9(d)(2): [Two potential cases.] Inspirational Thought- "You can't reach for anything new if your hands are full of yesterday's junk." ~Louise Smith, race car driver Present: John Gioia, District I Supervisor; Candace Andersen, District II Supervisor; Diane Burgis, District III Supervisor; Karen Mitchoff, District IV Supervisor; Federal D. Glover, District V Supervisor Staff Present:Monica Nino, County Administrator Mary Ann McNett Mason, County Counsel  Speakers on In Home Supportive Services (IHSS) contract negotiations: Marissa Shaw; Tamarah Lucio; Blaine Rodgers; Keegan Duncan; Candace Barker; Hannah Carpelo, Hand in Hand, SEIU 2015; Julie; John Roe, Community Resources for Independent LIving.   CONSIDER CONSENT ITEMS (Items listed as C.1 through C.54 on the following agenda) – Items are subject to removal from Consent Calendar by request of any Supervisor or on request for discussion by a member of the public. Items removed from the Consent Calendar will be considered with the Discussion Items.   PRESENTATIONS (5 Minutes Each)   PRESENTATION from the Family Justice Center about their new TeleCare and Trauma Recovery Center Programs. (Supervisor Mitchoff)   DISCUSSION ITEMS   D.1 CONSIDER waiving the 180-day "sit-out" period for Flordeliza Eaton, Senior Clinical Laboratory Scientist (VHNA), in the Health Services Department, FIND that the appointment of Flordeliza Eaton is necessary to fill a critically needed position, and APPROVE and AUTHORIZE the hiring of retiree Flordeliza Eaton as a temporary, County employee for the period of October 17, 2022 through October 17, 2023. (Anna Roth, Health Services Director)       Speaker: Name not given. WAIVED the 180-day "sit-out" period for Flordeliza Eaton, Senior Clinical Laboratory Scientist (VHNA), in the Health Services Department; FOUND that the appointment of Flordeliza Eaton is necessary to fill a critically needed position; APPROVED and AUTHORIZED the hiring of retiree Flordeliza Eaton as a temporary, County employee for the period of October 17, 2022 through October 16, 2023.   D.2 HEARING to consider the proposed adoption of Resolution No. 2022/358 to form Zone 2609 within County Service Area P-6 (Police Services) for Subdivision No. 9573 in the unincorporated Martinez area of the County for County File #CDSD21-09573. (Jennifer Cruz, Department of Conservation and Development)       Speaker: No name given.    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D.3 HEARING to consider adopting Resolution No. 2022/359 and Ordinance No. 2022-31, authorizing the levy of a special tax for police protection services in Zone 2609 of County Service Area P-6 for Subdivision No. 9573 (County File #SD21-09573) in the unincorporated Martinez area of the County, and fixing an election on December 20, 2022, to obtain voter approval. (Jennifer Cruz, Department of Conservation and Development).         AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D.4 RECEIVE update on the activities and oversight of the County's Head Start Programs and CONSIDER APPROVING Head Start Agency Governance Policy No. 22-60. (Marla Stuart, Employment and Human Services Director)       Speakers; No name given; No name given (2). RECEIVED update on the activities and oversight of the County's Head Start Programs; APPROVED Head Start Agency Governance Policy No.22-60 as ameded today to under item No. 3a Governing Body, item M "visiting at least one Head Start center in the district annualy"; and DETERMINED that to the extent that the provisions of Head Start Agency Policy No.22-60 conflict with the provisions of prior Head Start governance policies and procedures, the provisions of Head Start Agency Policy No. 22-60 will prevail and be given full effect   D.5 ACCEPT report on general liability cost allocation for County departments and associated with contracts between the County and certain cities for the provision of city police services by the Office of the Sheriff (Adam Nguyen, County Finance Director)       ACCEPTED the report and recommendations; with the two exceptions of combining the Sheriff's Department as one pool (detention and nondetention) and smoothing out the rate increase to the contract cities over three years.    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D.6 RECEIVE report on the proposed policies, guidelines, and procedures to implement the one-time Measure X-funded Innovation Fund to be administered by the County Administrator's Office and CONSIDER recommendation of the Finance Committee to modify the eligibility for the Innovation Fund to exclude County departments, cities and other governmental agencies and include only nonprofit Contra Costa community-based organizations. (Supervisor Gioia)       Speakers: Mariana Moore, Chair, Measure X Committee; Gigi Crowder; Barbara Howard, 40 Voices Campaign; No Name Given; Caller 6770; Elder Desiree, 40 Voices Campaign; Wanda Johnson; Philip Arnold; Stephen Smith; Kenneth Robinson, 40 Voices. RECEIVED report on the proposed policies, guidelines, and procedures to implement the one-time Measure X-funded Innovation Fund to be administered by the County Administrator's Office; MODIFIED the eligibility for the Innovation Fund to exclude County departments, cities and other governmental agencies and include only nonprofit Contra Costa community-based organizations.    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D. 7 CONSIDER Consent Items previously removed.    There were no consent items removed for discussion.    AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover D. 8 PUBLIC COMMENT (2 Minutes/Speaker)      No name given said that all Board members should disclose any connection whether familial or business to any non-profit organizations and questions how much influence Supervisor Gioia has in Board matters; Gigi Crowder, Executive Director of NAMI said she appreciates the Board's patience with individuals commenting who apparently have some mental health issues, and invites anyone interesting in learning about why an African American wellness center is a vital community service to contact her; Caller 6770, claims that Contra Costa County is one of many counties that has contracts with Konnech, a company that provides management softeware whose founder and Chief Executive, Eugene Yu was recently arrested for allegedly storing the personally identifying information of poll workers on computers in China. He claims Mr. Yu is linked to the Chinese Communist Party (CCP). He noted that fentanyl did not exist 20 years ago , that the precursor chemicals to manufacture it are sourced in China and brought through the US southern border by mexican cartels, and the significant increase in overdose deaths. He believes that the Wuhan Flu (Cororavirus) was manufactured in China.   D. 9 CONSIDER reports of Board members.    Supervisor Gioia attended the California State Association of Counties Executive Committe retreat, at which they focused on setting priorities for matters to advocate for of which homelessness and mental health issues were at the top.   Closed Session    There were no announcements from Closed Session.   ADJOURN    Adjourned today's meeting at 1:31 p.m.   CONSENT ITEMS   Road and Transportation   C. 1 ADOPT Resolution No. 2022/353 approving and authorizing the Public Works Director, or designee, to fully close all of Maple Lane, on November 5, 2022 from 11:00 a.m. through 6:00 p.m., for the purpose of a neighborhood social event, Walnut Creek area. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 2 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract with the City of Walnut Creek to reimburse the City in an amount not to exceed $100,000 for the labor, materials and equipment charges related to the roadway surface treatment of Las Lomas Way, Walnut Creek area. (100% Local Road Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 3 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute an amendment to a right of entry permit with the State of California, Department of Parks and Recreation, to pay the State $500 for the County’s continued use of state-owned property within Assessor’s Parcel Number 007-380-011 for an additional 19 months, through December 14, 2024, in connection with the County’s Marsh Creek Road Bridges Replacement Project, Brentwood area. (89% Federal Highway Bridge Program Funds, 11% Local Road Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Engineering Services   C. 4 ADOPT Resolution No. 2022/354 accepting completion of the warranty period for the Subdivision Agreement and release of cash deposit for subdivision SD14-09389, for a project developed by Laurel Ranch III, LLC, as recommended by the Public Works Director, Concord area. (100% Developer Fees)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Special Districts & County Airports   C. 5 Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District, APPROVE and AUTHORIZE the conveyance of an approximately 0.626-acre pipeline easement to SFPP, L.P., a Delaware limited partnership, in connection with the Kinder Morgan Pipeline Remediation Project, as recommended by the Chief Engineer, Martinez area. (100% Permit Applicant Fees).       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 6 APPROVE and AUTHORIZE the Public Works Director, or designee, to publish a Notice of Intention to convey a storm drain easement to the City of Oakley in connection with Subdivision 9507, The Vines at Oakley, Oakley Area. (100% Develop Funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Claims, Collections & Litigation   C. 7 RECEIVE report concerning the final settlement of Maria Villasenor vs. Contra Costa County; and AUTHORIZE payment from the Workers' Compensation Internal Service Fund in an amount not to exceed $132,500 as recommended by the Director of Risk Management. (100% Workers' Compensation Internal Service Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 8 DENY claims filed by Robert and Anita Moncada and Roy Allen Spaulding.      AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 9 APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to enter into a tolling agreement amendment with Discovery Builders, Inc., and affiliated entities, and Pacific West Communities extending the term from October 28, 2022 to January 28, 2023, to toll the limitations period for potential litigation related to the May 24, 2022 approval of development agreements between the County and Pacific West Communities for the development of Ambrose Village/Orbisonia Heights, as recommended by the Conservation and Development Director. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Honors & Proclamations Honors & Proclamations   C. 10 ADOPT Resolution No. 2022/346 proclaiming the week of October 22-29, 2022 as “California Flood Preparedness Week” in Contra Costa County, as recommended by the Public Works Director, Countywide. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 11 ADOPT Resolution No. 2022/364 proclaiming October 13, 2022 as Metastatic Breast Cancer Awareness Day and October 2022 as Breast Cancer Awareness month, as recommended by the Health Services Director.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 12 ADOPT Resolution No. 2022/370 recognizing Vince Dell'Aquila as the 2022 Orinda Citizen of the Year, as recommended by Supervisor Andersen.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Ordinances   C. 13 INTRODUCE Ordinance No. 2022-35, adopting the 2022 California Building Standards Codes with changes, additions, and deletions, WAIVE reading, and FIX November 8, 2022 for a public hearing to consider adoption as recommended by the Conservation and Development Director. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 14 Acting in its capacity as the Contra Costa County Board of Supervisors and as the Board of Directors of the Contra Costa County Fire Protection District and the Crockett-Carquinez Fire Protection District, INTRODUCE Ordinance No. 2022-34, adopting the 2022 California Fire Code, with local amendments, as the fire code within Contra Costa County, the Contra Costa County Fire Protection District, and the Crockett-Carquinez Fire Protection District; WAIVE reading; and FIX November 8, 2022, at the Contra Costa County Fire Protection District Board of Directors meeting, at 1:00 p.m., as the hearing date for the proposed adoption of the ordinance. (Cost neutral)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Appointments & Resignations   C. 15 REAPPOINT Noe Gudino to the Low Income Seat No. 2 on the Economic Opportunity Council for a term ending June 30, 2024, as recommended by the Employment and Human Services Director.       RELISTED to a future date uncertain.   C. 16 APPOINT Emil Geddes to the Trustee 2 seat on the Byron-Brentwood-Knightsen Union Cemetery District for term ending December 31, 2026, as recommended by Supervisor Burgis.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 17 APPOINT Michelle Parkinson to the Alternate Seat on the Alamo Municipal Advisory Council for a term ending December 31, 2024, as recommended by Supervisor Andersen.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Appropriation Adjustments   C. 18 Employment and Human Services (0501) / Probation (0308) / Plant Acquisition (0111): APPROVE Appropriation Adjustment No. 5010 authorizing the transfer of current year appropriations in the amount of $215,000 from the Employment and Human Services Department and the Probation Department to the Public Works Department for two capital projects, as recommended by the Employment and Human Services Director.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 19 Fleet Internal Service Fund (0064)/Health Services Department - Public Health (0450): APPROVE Appropriation and Revenue Adjustment No. 005000 authorizing the transfer of appropriations in the amount of $107,880 from the Public Health's COVID-19 Response Unit to Fleet Internal Service Fund (0064) for the purchase of two (2) Chevy Bolts and one (1) Ford Transit van to support Public Health's COVID-19 Response Unit services. (100% California Department of Public Health’s Enhancing Lab Capacity Grant)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 20 Office of the Sheriff (0300): APPROVE Appropriations and Revenue Adjustment No. 005009 authorizing new revenue in the amount of $400,000 from the State Criminal Alien Assistance Program (SCAAP) and appropriating it to the Custody Services Bureau (0300) for various equipment and projects in the West County Detention Facility (2580) and Marsh Creek Detention Facility (2585). (100% Federal)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 21 Employment and Human Services Department Aging and Adult Services (0503): APPROVE Appropriation and Revenue Adjustment No. 5008 in the amount of $2,967,539 to increase current year appropriations and revenue for the following new grants and rebalanced grants in the Area Agency on Aging unit: American Rescue Plan, Older Adults Recovery and Resilience, Home and Community Based Services, Access To Technology, California Health Advocates Senior Medicare Patrol, and Supplemental Nutrition Assistance Program- Education, as recommended by the Employment and Human Services Director.       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Personnel Actions   C. 22 ADOPT Position Adjustment Resolution No. 25942 to reclassify two Telecommunications Specialist II (represented) positions and incumbents to Telecommunications Infrastructure Specialist (represented) positions in the Department of Information Technology. (100% User Department)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 23 ADOPT Position Adjustment Resolution No. 26054 to add one Mental Health Program Manager and one Community Health Worker II positions and cancel one Substance Abuse Counselor and one Clerk-Senior Level positions in the Health Services Department. (All represented, 100% County General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 24 ADOPT Position Adjustment Resolution No. 26047 to increase the hours of one part time Librarian II (represented) position to full time in the Library Department. (100% Library Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 25 ADOPT Position Adjustment Resolution No. 26053 to reassign four vacant Family Nurse Practitioner (represented) positions from the Contra Costa Regional Medical Center and Health Centers and Public Health divisions to the Behavioral Health Division in the Health Services Department. (100% Mental Health Realignment)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Leases   C. 26 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a sub-sublease with Concord Jet Service Incorporated, in an amount not to exceed $275,000 to provide aircraft hangar and office space for the period May 1, 2022 through April 30, 2027.(100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 27 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute on behalf of the County a license agreement with East Bay Regional Park District, to authorize the District to use at no charge a portion of a County-owned communications tower, identified as the Carquinez Radio Tower, located at 1001 Arabian Heights, Martinez, for a term beginning after construction is complete through September 20, 2046, as requested by the Department of Information and Technology. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 28 APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a lease amendment with Lauritzen Yacht Harbor, to extend the term through December 31, 2024 for an approximately 1,725 square foot station house for the Sheriff-Coroner Department, Marine Patrol Unit at 70 Lauritzen Lane in Oakley, at an initial annual rent of $27,720 for the first year with two 2-year renewal terms. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Grants & Contracts   APPROVE and AUTHORIZE execution of agreements between the County and the following agencies for receipt of fund and/or services:   C. 29 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with the City of Walnut Creek, to pay the County an amount not to exceed $250,368 for the Coordinated Outreach, Referral and Engagement Program for the period July 1, 2022 through June 30, 2023. (No County match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 30 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a    C. 30 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a revenue agreement with the State of California Department of Social Services, for a payment limit of $3,567,014 for California Work Opportunity and Responsibility to Kids Stage 2 childcare program, for the period July 1, 2022 through June 30, 2023. (62.3% State; 37.7% Federal)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 31 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, on behalf of the Workforce Development Board, to apply for and accept the State Apprenticeship Expansion, Equity and Innovation Grant from the California Department of Industrial Relations Division of Apprenticeship Standards, in the amount of $240,000, to develop and implement an EMT/Paramedic Apprenticeship Program for under-served communities of color, for the term July 1, 2022 through June 30, 2025. (100% State)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 32 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with the State of California, Department of Health Care Services, to extend the term through December 31, 2023 with no change in the original payment limit for the provision of medical services to Medi-Cal recipients under the Contra Costa Health Plan. (No County match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 33 APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to apply for and accept grant funding from the California Governor’s Office of Emergency Services, Underserved Victims Unit for the Elder Abuse Program, in an amount not to exceed $217,444, for the period January 1, 2023 through December 31, 2023. (100% Federal)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 34 APPROVE and AUTHORIZE the Health Services Director, or designee, to accept on behalf of the County, grant award from the California Department of Public Health, to pay the County per each health assessment and for administrative costs for patients in the Refugee Health Assessment Program for the period October 1, 2022 through September 30, 2023. (No County match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 35 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with the City of Pleasant Hill, to increase the amount payable to the County by $124,582 to a new total of $576,863 and to extend the term through June 30, 2023 for the Coordinated Outreach, Referral and Engagement Program. (No County match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 36 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with the City of Walnut Creek, to pay the County an amount not to exceed $15,000 for the Coordinated Outreach, Referral and Engagement Program for the period July 1, 2022 through June 30, 2023. (No County match)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover APPROVE and AUTHORIZE execution of agreement between the County and the following parties as noted for the APPROVE and AUTHORIZE execution of agreement between the County and the following parties as noted for the purchase of equipment and/or services:   C. 37 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Rubicon Programs Incorporated, in an amount not to exceed $509,366 to provide outpatient mental health services to reduce barriers to employment for CalWORKs recipients for the period July 1, 2022 through June 30, 2023. (100% CalWORKs)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 38 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Per Diem Staffing Systems, Inc., in the amount of $1,500,000 to provide temporary medical staffing services at Contra Costa Regional Medical Center and Health Centers for the period July 1, 2022 through June 30, 2023. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 39 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a novation contract with Alternative Family Services, Inc., in an amount not to exceed $1,401,844 to provide wrap-around community-based mental health services to seriously emotionally disturbed children and their families for the period July 1, 2022 through June 30, 2023, including a six-month automatic extension through December 31, 2023 in an amount not to exceed $700,922. (50% Federal Financial Participation, 45% Realignment, 5% Measure X)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 40 APPROVE and AUTHORIZE the Conservation and Development Director to execute a memorandum of understanding with the Contra Costa Transportation Authority in an amount not to exceed $1,400,000 to implement the Accessible Transportation Strategic Plan for the period April 1, 2022 through June 30, 2023. (100% Measure X funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 41 APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Diablo Crime Scene Cleaners, in the amount of $1,000,000 for the period of September 1, 2022 through August 30, 2023, to provide standard crime scene and biological cleaning services, and specialized cleaning services to combat the spread of respiratory and bloodborne illnesses. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 42 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract amendment with 3 Prong (dba 3 Prong Health), effective October 1, 2022 to increase the payment limit by $600,000 to a new payment limit of $1,200,000 for additional in-person behavioral health services for Contra Costa Health Plan members with no change in the term through May 31, 2025. (100% Contra Costa Health Plan Enterprise Fund II)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 43 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a novation contract with    C. 43 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a novation contract with EMBRACE, in an amount not to exceed $2,206,408 to provide mental health services, multisystemic therapy and functional family therapy for seriously emotionally disturbed adolescents and their families for the period July 1, 2022 through June 30, 2023, including a six-month automatic extension through December 31, 2023 in an amount not to exceed $1,103,204. (40% Mental Health Services Act, 34% Federal Medi-Cal, 13% Probation Youthful Offender Block Grant, 12% Mental Health Realignment, 1% Measure X)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 44 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Acclaim Mobility LLC, in an amount not to exceed $300,000 to provide non-emergency medical transportation services for Contra Costa Health Plan members and county recipients for the period September 1, 2022 through August 31, 2025. (100% Contra Costa Health Plan Enterprise Fund II)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 45 APPROVE and AUTHORIZE the County Probation Officer, or designee, to execute a contract with Fresh Lifelines for Youth, in an amount not to exceed $1,043,045 to operate the STAY FLY Program for Contra Costa County’s Transition Aged Youth (ages 18-25 years old) to prevent further justice system involvement for the period September 1, 2022 through October 30, 2025. (100% State)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 46 APPROVE and AUTHORIZE the Chief Probation Officer, or designee, to execute a contract with International Business Information Technologies, Inc dba LEFTA Systems, in an amount not to exceed $16,335 to provide a subscription and user licenses to Shield Suite software for the term October 4, 2022, through October 3, 2023. (100% General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 47 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a novation contract with Youth Homes Incorporated, in an amount not to exceed $4,851,636 to provide residential treatment and therapeutic behavioral services for County-referred seriously emotionally disturbed children for the period July 1, 2022 through June 30, 2023, including a six-month automatic extension through December 31, 2023 in an amount not to exceed $2,425,818. (50% Federal Medi-Cal; 45% Mental Health Realignment; 5% Measure X)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 48 APPROVE and AUTHORIZE the Director of Risk Management, or designee, to execute a contract with TCS Risk Management Services in an amount not to exceed $220,800 to administer County-wide ergonomic programs for the period of July 1, 2022 through June 30, 2023. (100% Workers' Compensation Internal Service Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 49 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with Virtual Radiologic Professionals of California, P.A., in an amount not to exceed $1,200,000 to provide teleradiology services for Contra Costa Regional Medical Center and Health Centers for the period December 1, 2022 through November 30, 2025. (100% Hospital Enterprise Fund I)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 50 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a novation contract with RYSE, Inc., a California Nonprofit Corporation, in an amount not to exceed $533,652 to provide Mental Health Services Act prevention and early intervention services to at-risk youth in West Contra Costa County for the period July 1, 2022 through June 30, 2023, including a six-month automatic extension through December 31, 2023 in an amount not to exceed $266,826. (100% Mental Health Services Act)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover Other Actions   C. 51 APPROVE and AUTHORIZE the Auditor-Controller, to pay an amount not to exceed $126,848 to American Medical Response West, for overdose prevention and education to patients, family members and bystanders involved in 9-1-1 overdose emergency calls and administration of Narcan and Buprenorphine for the period January 1, 2022 through September 30, 2022. (100% State funds)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 52 ACCEPT a status report on the Independent Living Skills Program activities, as recommended by the Family and Human Services Committee. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 53 APPROVE and AUTHORIZE the Health Services Director, or designee, to execute a contract with San Jose State University to provide supervised field instruction in the County’s Public Health Division to non-clinical public health students for the period October 1, 2022 through August 31, 2025. (No fiscal impact)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover C. 54 AUTHORIZE the Auditor-Controller to issue a refund of overpayment of documentary transfer taxes totaling $3,173.50 to eRecording Partners Network, Minneapolis, MN, as recommended by the Clerk-Recorder. (100% County General Fund)       AYE: District I Supervisor John Gioia, District II Supervisor Candace Andersen, District III Supervisor Diane Burgis, District IV Supervisor Karen Mitchoff, District V Supervisor Federal D. Glover   GENERAL INFORMATION The Board meets in all its capacities pursuant to Ordinance Code Section 24-2.402, including as the Housing Authority and the Successor Agency to the Redevelopment Agency. Persons who wish to address the Board should complete the form provided for that purpose and furnish a copy of any written statement to the Clerk. Any disclosable public records related to an open session item on a regular meeting agenda and distributed by the Clerk of the Board to a majority of the members of the Board of Supervisors less than 96 hours prior to that meeting are available for public inspection at 1025 Escobar Street, First Floor, Martinez, CA 94553, during normal business hours. All matters listed under CONSENT ITEMS are considered by the Board to be routine and will be enacted by one motion. There will be no separate discussion of these items unless requested by a member of the Board or a member of the public prior to the time the Board votes on the motion to adopt. Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Chair calls for comments from those persons who are in support thereof or in opposition thereto. After persons have spoken, the hearing is closed and the matter is subject to discussion and action by the Board. Comments on matters listed on the agenda or otherwise within the purview of the subject to discussion and action by the Board. Comments on matters listed on the agenda or otherwise within the purview of the Board of Supervisors can be submitted to the office of the Clerk of the Board via mail: Board of Supervisors, 1025 Escobar Street, First Floor, Martinez, CA 94553 or to clerkoftheboard@cob.cccounty.us. The County will provide reasonable accommodations for persons with disabilities planning to attend Board meetings who contact the Clerk of the Board at least 24 hours before the meeting, at (925) 655-2000. Anyone desiring to submit an inspirational thought nomination for inclusion on the Board Agenda may contact the Office of the County Administrator or Office of the Clerk of the Board, 1025 Escobar Street, Martinez, California. Subscribe to receive to the weekly Board Agenda by calling the Office of the Clerk of the Board, (925) 655-2000 or using the County's on line subscription feature at the County’s Internet Web Page, where agendas and supporting information may also be viewed: www.contracosta.ca.gov STANDING COMMITTEES The Airport Committee (Supervisors Karen Mitchoff and Diane Burgis) meets quarterly on the second Wednesday of the month at 11:00 a.m. at the Director of Airports Office, 550 Sally Ride Drive, Concord. The Family and Human Services Committee (Supervisors John Gioia and Candace Andersen) meets on the fourth Monday of the month at 9:00 a.m. in Room 110, County Administration Building, 1025 Escobar Street, Martinez. The Finance Committee (Supervisors John Gioia and Karen Mitchoff) meets on the first Monday of the month at 9:00 a.m. in Room 110, County Administration Building, 1025 Escobar Street, Martinez. The Hiring Outreach Oversight Committee (Supervisors Federal D. Glover and John Gioia) meets quarterly on the first Monday of the month at 10:30 a.m.. in Room 110, County Administration Building, 1025 Escobar Street, Martinez. The Internal Operations Committee (Supervisors Candace Andersen and Diane Burgis) meets on the second Monday of the month at 10:30 a.m. in Room 110, County Administration Building, 1025 Escobar Street, Martinez. The Legislation Committee (Supervisors Karen Mitchoff and Diane Burgis) meets on the second Monday of the month at 1:00 p.m. in Room 110, County Administration Building, 1025 Street, Martinez. The Public Protection Committee (Supervisors Andersen and Federal D. Glover) meets on the fourth Monday of the month at 10:30 a.m. in Room 110, County Administration Building, 1025 Escobar Street, Martinez. The Sustainability Committee (Supervisors Federal D. Glover and John Gioia) meets on the fourth Monday of every other month at 1:00 p.m. in Room 110, County Administration Building, 1025 Escobar Street, Martinez. The Transportation, Water & Infrastructure Committee (Supervisors Candace Andersen and Karen Mitchoff) meets on the second Monday of the month at 9:00 a.m. in Room 110, County Administration Building, 1025 Escobar Street, Martinez. AGENDA DEADLINE: Thursday, 12 noon, 12 days before the Tuesday Board meetings. Glossary of Acronyms, Abbreviations, and other Terms (in alphabetical order): Contra Costa County has a policy of making limited use of acronyms, abbreviations, and industry-specific language in its Board of Supervisors meetings and written materials. Following is a list of commonly used language that may appear in oral presentations and written materials associated with Board meetings: AB Assembly Bill ABAG Association of Bay Area Governments ACA Assembly Constitutional Amendment ADA Americans with Disabilities Act of 1990 AFSCME American Federation of State County and Municipal Employees AICP American Institute of Certified Planners AIDS Acquired Immunodeficiency Syndrome ALUC Airport Land Use Commission AOD Alcohol and Other Drugs ARRA American Recovery & Reinvestment Act of 2009 BAAQMD Bay Area Air Quality Management District BART Bay Area Rapid Transit District BayRICS Bay Area Regional Interoperable Communications System BCDC Bay Conservation & Development Commission BGO Better Government Ordinance BOS Board of Supervisors CALTRANS California Department of Transportation CalWIN California Works Information Network CalWORKS California Work Opportunity and Responsibility to Kids CAER Community Awareness Emergency Response CAO County Administrative Officer or Office CCCPFD (ConFire) Contra Costa County Fire Protection District CCHP Contra Costa Health Plan CCTA Contra Costa Transportation Authority CCRMC Contra Costa Regional Medical Center CCWD Contra Costa Water District CDBG Community Development Block Grant CFDA Catalog of Federal Domestic Assistance CEQA California Environmental Quality Act CIO Chief Information Officer COLA Cost of living adjustment ConFire (CCCFPD) Contra Costa County Fire Protection District CPA Certified Public Accountant CPI Consumer Price Index CSA County Service Area CSAC California State Association of Counties CTC California Transportation Commission dba doing business as DSRIP Delivery System Reform Incentive Program EBMUD East Bay Municipal Utility District ECCFPD East Contra Costa Fire Protection District EIR Environmental Impact Report EIS Environmental Impact Statement EMCC Emergency Medical Care Committee EMS Emergency Medical Services EPSDT Early State Periodic Screening, Diagnosis and Treatment Program (Mental Health) et al. et alii (and others) FAA Federal Aviation Administration FEMA Federal Emergency Management Agency F&HS Family and Human Services Committee First 5 First Five Children and Families Commission (Proposition 10) FTE Full Time Equivalent FY Fiscal Year GHAD Geologic Hazard Abatement District GIS Geographic Information System HCD (State Dept of) Housing & Community Development HHS (State Dept of ) Health and Human Services HIPAA Health Insurance Portability and Accountability Act HIV Human Immunodeficiency Syndrome HOV High Occupancy Vehicle HR Human Resources HUD United States Department of Housing and Urban Development IHSS In-Home Supportive Services Inc. Incorporated IOC Internal Operations Committee ISO Industrial Safety Ordinance JPA Joint (exercise of) Powers Authority or Agreement Lamorinda Lafayette-Moraga-Orinda Area LAFCo Local Agency Formation Commission LLC Limited Liability Company LLP Limited Liability Partnership Local 1 Public Employees Union Local 1 LVN Licensed Vocational Nurse MAC Municipal Advisory Council MBE Minority Business Enterprise M.D. Medical Doctor M.F.T. Marriage and Family Therapist MIS Management Information System MOE Maintenance of Effort MOU Memorandum of Understanding MTC Metropolitan Transportation Commission NACo National Association of Counties NEPA National Environmental Policy Act OB-GYN Obstetrics and Gynecology O.D. Doctor of Optometry OES-EOC Office of Emergency Services-Emergency Operations Center OPEB Other Post Employment Benefits OSHA Occupational Safety and Health Administration PARS Public Agencies Retirement Services PEPRA Public Employees Pension Reform Act Psy.D. Doctor of Psychology RDA Redevelopment Agency RFI Request For Information RFP Request For Proposal RFQ Request For Qualifications RN Registered Nurse SB Senate Bill SBE Small Business Enterprise SEIU Service Employees International Union SUASI Super Urban Area Security Initiative SWAT Southwest Area Transportation Committee TRANSPAC Transportation Partnership & Cooperation (Central) TRANSPLAN Transportation Planning Committee (East County) TRE or TTE Trustee TWIC Transportation, Water and Infrastructure Committee UASI Urban Area Security Initiative VA Department of Veterans Affairs vs. versus (against) WAN Wide Area Network WBE Women Business Enterprise WCCTAC West Contra Costa Transportation Advisory Committee RECOMMENDATION(S): 1. WAIVE the 180-day "sit-out" period for Flordeliza Eaton, Senior Clinical Laboratory Scientist (VHNA), in the Health Services Department 2. FIND that the appointment of Flordeliza Eaton is necessary to fill a critically needed position 3. APPROVE and AUTHORIZE the hiring of retiree Flordeliza Eaton as a temporary, County employee for the period of October 17, 2022 through October 17, 2023 FISCAL IMPACT: Upon approval, this action has an annual cost of approximately $61,560. No impact to the General Fund. Salary costs are included within the Department's operating budget. Contra Costa Health Services - Hospital Enterprise Fund I will fund this position. BACKGROUND: Flordeliza Eaton has been in the Senior Clinical Laboratory Scientist (VHNA) classification since 8/17/2011 and is managing the Microbiology section of the lab. There are eight other incumbents in this classification; however, they have their own section in the lab to manage and lack the experience and knowledge to troubleshoot any issues in the Microbiology sub-unit. Microbiology identifies the disease-causing organisms and determines the appropriate treatment. The steps involved are hands-on and require years of experience to make the appropriate decision. A wrong decision can lead to a misidentification of the disease-causing organism leading to inappropriate treatment, a financial impact on the County due to patients having prolonged hospital stays and delayed treatment, and will impact the pharmacy formularies since the Microbiology sub-unit works with Infection Control and Pharmacy to determine antibiotic resistance. Management requests the 180-day "sit-out period" to be waived so she can help and train the next incumbent that will take over this great responsibility in the Microbiology sub-unit. Her special knowledge must be retained in the lab. Without this knowledge and skills, the department may fail to provide a correct diagnosis impacting patient care. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: Lauren Jimenez, (925) 957-5262 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: D.1 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 18, 2022 Contra Costa County Subject:Temporary Hire of County Retiree-Waiver of 180-Day Sit-out Period CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the department may fail to provide a correct diagnosis impacting patient care. CLERK'S ADDENDUM Speaker: Name not given. WAIVED the 180-day "sit-out" period for Flordeliza Eaton, Senior Clinical Laboratory Scientist (VHNA), in the Health Services Department; FOUND that the appointment of Flordeliza Eaton is necessary to fill a critically needed position; APPROVED and AUTHORIZED the hiring of retiree Flordeliza Eaton as a temporary, County employee for the period of October 17, 2022 through October 16, 2023. ATTACHMENTS Cost Sheet Proposed - Temporary Hire as Senior Clinical Laboratory Scientist Salary- Top Hourly Rate $68.40 Employer Paid Benefits*$35.62 Average Cost of OT $2.06 Health/Dental $16,083.00 One Time Costs $0.00 Total Cost (Top Hourly Rate * 900 Hours)$61,560.00 Deferred comp Benefit $1,800 ANNUAL TOTAL COST $61,560.00 *Includes:0.55% 3.49% 7.85% 1.31% 0.10% 38.78% 52.08% Total Overall Cost $61,560.00 Pension $23,872.97 Temporary Hire of County Retiree Flordeliza Eaton as Senior Clinical Laboratory Scientist (VHNA) and Waiver of 180-day Sit-out Period Position Adjustment Request Cost Breakdown 52.08% 3.01% Updated - weighted average CNA is higher $22,400.64 $1,800 Vacation/Sick Leave Accruals Use PY actuals budget is low Retiree Health Insurance FICA (no change) Workers Compensation (updated) Unemployment (updated)Use PY actuals budget is low OPEB Pre-Pay Use PY actuals budget is low Pension (updated) Temporary Hire of County Retiree Flordeliza Eaton as Senior Clinical Laboratory Scientist (VHNA) and Waiver of 180-day Sit-out Period Position Adjustment Request Cost Breakdown Temporary Hire of County Retiree Flordeliza Eaton as Senior Clinical Laboratory Scientist (VHNA) and Waiver of 180-day Sit-out Period Position Adjustment Request Cost Breakdown 18 Summary 2016-17 Actuals 2017-18 Actuals 2018-19 Actuals E1000 - Salaries And Benefits 521,916,037 578,560,220 613,911,310 Base wages for benefits 300,094,372 330,675,581 351,109,541 1011 - Permanent Salaries 249,325,811 279,117,712 298,595,454 1013 - Temporary Salaries 27,041,478 29,630,908 33,672,215 1014 - Permanent Overtime 8,695,566 2.90%11,596,603 3.51%10,836,811 3.09% 1015 - Deferred Comp 1,411,904 0.47%1,915,183 0.58%2,301,968 0.66% 1016 - Hrly Physician Salaries 2,350,565 0.78%2,568,658 0.78%1,912,806 0.54% 1017 - Perm Physicians Salaries 47,894,292 15.96%48,448,232 14.65%49,761,247 14.17% 1018 - Perm Phys Addnl Duty Pay 2,874,268 0.96%3,109,638 0.94%2,752,840 0.78% 1019 - Comp & SDI Recoveries -854,438 -0.28%-614,104 -0.19%-621,386 -0.18% 1025 - Vacation/Sick Leave Accrual 2,189,433 0.73%1,834,279 0.55%1,369,032 0.39% 1042 - FICA/Medicare 23,237,387 7.74%25,808,233 7.80%27,445,797 7.82% 1043 - Ret Exp-Pre 97 Retirees 1,018,645 0.34%1,048,682 0.32%1,056,733 0.30% 1044 - Retirement Expense 89,969,065 29.98%100,991,579 30.54%105,064,938 29.92% 1046 - Excess Retirement 117,586 0.04%125,549 0.04%133,959 0.04% 1060 - Employee Group Insurance 40,317,114 13.43%45,527,105 13.77%50,572,678 14.40% 1061 - Retiree Health Insurance 12,008,090 4.00%12,247,951 3.70%12,476,431 3.55% 1062 - OPEB Pre-Pay 4,576,757 1.53%4,576,757 1.38%5,260,194 1.50% 1063 - Unemployment Insurance 901,415 0.30%827,070 0.25%149,656 0.04% 1070 - Workers Comp Insurance 8,963,004 2.99%9,918,885 3.00%11,291,843 3.22% 1081 - Labor Received/Provided -121,905 -0.04%-118,701 -0.04%-121,905 -0.03% FTE - Allocated Positions (FTE)3,778 3,917 10,671 12,911 2019-20 Budget 2020-21 Baseline 780,612,121 780,612,121 483,396,036 483,396,036 427,302,042 427,302,042 33,196,047 33,196,047 12,205,931 2.53%12,205,931 2.53% 3,316,602 0.69%3,316,602 0.69% 1,777,193 0.37%1,777,193 0.37% 52,697,129 10.90%52,697,129 10.90% 3,396,865 0.70%3,396,865 0.70% -747,535 -0.15%-747,535 -0.15% 0 0.00%0 0.00% 29,475,569 6.10%29,475,569 6.10% 1,054,413 0.22%1,054,413 0.22% 126,501,663 26.17%26.45%126,501,663 26.17% 315,332 0.07%315,332 0.07% 66,331,932 13.72%66,331,932 13.72% 12,669,784 2.62%12,669,784 2.62% 5,287,907 1.09%5,287,907 1.09% 422,209 0.09%422,209 0.09% 5,530,944 1.14%5,530,944 1.14% -121,905 -0.03%-121,905 -0.03% 3,977 3,977 16,680 16,679 RECOMMENDATION(S): 1. OPEN the hearing on the proposed formation of Zone 2609 within County Service Area P-6; CONSIDER all oral and written comments; and CLOSE the hearing. 2. DETERMINE whether a majority protest of the voters residing within the boundaries of proposed Zone 2609 exists pursuant to Government Code Section 25217.1(b)(1). In the event that the Board determines a majority protest exists, TERMINATE the proceedings. 3. If the Board determines a majority protest does not exist, ADOPT Resolution No. 2022/358 attached hereto, establishing Zone 2609 of County Service Area P-6 subject to voter approval of a special tax to fund police protection services within the zone. FISCAL IMPACT: The cost of establishing the Police Service District and the election is paid for by the developer of the subdivision. BACKGROUND: Per the conditions of approval for Subdivision No. #9573 (County File #CDSD21-09573), prior to recording the final map for the 7-lot subdivision, the subdivider is required to establish a special police services tax district for the subdivision in order to provide additional funding to augment police services in the area of the subdivision. The property to be placed within the special tax district consists of a 1.98-acre site located at 180 Midhill Road in the unincorporated Martinez area of the County. On September 13, 2022, the Board granted conceptual approval for a December 20, 2022, ballot measure seeking approval of a special tax to fund an increase in the level of police protection services that is provided in the unincorporated Martinez area of the County. On September 13, 2022, the Board approved Resolution No. 2022/309, as required by Government Code Section 25217, subdivision (b), as the first step in forming a new zone within County Service Area (CSA) P-6. The proposed zone would serve as the vehicle to collect special taxes within the proposed zone if a special tax measure is approved by voters on December 20, 2022. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jennifer Cruz, 925-655-2867 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Rosa Mena D.2 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:October 18, 2022 Contra Costa County Subject:HEARING TO CONSIDER THE PROPOSED FORMATION OF ZONE 2609 IN THE COUNTY SERVICE AREA OF P-6 IN THE MARTINEZ AREA OF THE COUNTY (DISTRICT V) BACKGROUND: (CONT'D) Pursuant to Government Code Section 25217.1, subdivision (a), at the public hearing, the Board is required to hear and consider any protests to the formation of the zone. Pursuant to Government Code Section 25217.1, subdivision (b)(1), in the case of inhabited territory, if at the conclusion of the public hearing, the Board determines that more than 50 percent of the total number of voters residing within the proposed zone have filed written objections to the formation, then the Board shall determine that a majority protest exists and terminate the proceedings. If there is no majority protest, the Board may continue the proceedings to form the zone by adopting Resolution No. 2022/358, which would establish Zone 2609 subject to voter approval of the special tax. A separate hearing is also scheduled for October 18, 2022, to consider the adoption of an ordinance authorizing the levy of the tax. CONSEQUENCE OF NEGATIVE ACTION: Zone 2609 would not be formed, and the subdivider would be unable to comply with the conditions of approval of the project. The subdivider would be unable to record the final map for the subdivision. CLERK'S ADDENDUM Speaker: No name given. AGENDA ATTACHMENTS Resolution 2022/358 Exhibit A - Legal Description Exhibit B - Plat Map Archived Resolution No. 2022/309 MINUTES ATTACHMENTS Signed Resolution No. 2022/358 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 10/18/2022 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2022/358 IN THE MATTER OF CREATING ZONE 2609 OF COUNTY SERVICE AREA P-6 IN THE UNINCORPORATED MARTINEZ AREA OF THE COUNTY WHEREAS, this Board recognizes the need for increased police protection services in the above subject zone and the difficulty of funding the current or an increased level of services. WHEREAS, establishing the subject zone is a necessary step for the Board of Supervisors to seek voter approval of a special tax for increased police protection services in the zone area. Government Code Sections 25217 and 25217.1 establish procedures for the formation of a zone within a county service area. NOW, THEREFORE, BE IT BY THE BOARD RESOLVED THAT: 1. It is in the public interest to provide an increased level of police protection services in the area of proposed Zone 2609 of County Service Area P-6. 2. A majority protest against the proposed formation of Zone 2609 does not exist, pursuant to Government Code Section 25217.1, subdivision (b). 3. Subject to voter approval of Ordinance No. 2022-15 on December 20, 2022, authorizing the levy of a special tax within proposed Zone 2608, that portion of Contra Costa County Service Area P-6 described in Exhibit A attached hereto and shown in Exhibit B attached hereto is established as Zone 2609 of County Service Area P-6, effective upon this Board’s adoption of a resolution declaring the results of the December 20, 2022, election (“Effective Date”). 4. No affected properties located in Zone 2609 will be taxed for any existing bonded indebtedness or contractual obligations as a result of the formation of said zone. 5. On or after the Effective Date, the Clerk of this Board shall cause the filing of a statement of the creation of said zone to be made with the County Assessor and the State Board of Equalization (in Sacramento) pursuant to Government Code Sections 54900-54902. The filing shall include a map or plat indicating the boundaries of said zone. Contact: Jennifer Cruz, 925-655-2867 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Rosa Mena THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 09/13/2022 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2022/309 RESOLUTION OF INTENTION TO FORM ZONE 2609 OF COUNTY SERVICE AREA P-6 IN THE UNINCORPORATED MARTINEZ AREA The Board of Supervisors of Contra Costa County RESOLVES: 1. The Board of Supervisors of Contra Costa County proposes the formation of new zone in the unincorporated Martinez area of County Service Area (CSA) P-6, pursuant to Article 8 of Chapter 2.3 of Part 2 of Division 2 of Title 3 of the California Government Code. 2. The boundaries of the territory to be included in the zone area are described in 'Exhibit A' and shown in 'Exhibit B', both of which are attached hereto and incorporated herein by this reference 3. The formation of Zone 2609 is proposed to provide the County of Contra Costa with a method of financing an increased level of police protection services to the area within the zone. 4. The proposed zone would provide a level of police protection services that exceeds the level of service outside the zone, and if approved by the voters, the proposed zone would generate additional revenue in the form of special taxes to fund the increase in this level of service. 5. The increase in the level of service would be financed through the levy of a voter-approved special tax on all taxable parcels within the zone. 6. The name proposed for the zone is "Zone 2609" of CSA P-6. NOW, THEREFORE, BE IT RESOLVED THAT at 9:00 a.m. on October 18, 2022, in the Chamber of the Board of Supervisors, County Administration Building, 1025 Escobar Street, Martinez, CA 94553, this Board will conduct a public hearing upon the proposed formation of Zone 2609 of CSA P-6. The Clerk of the Board is hereby directed to give notice of the public hearing by (1) publishing a notice that complies with Government Code Section 25217, subdivision (d)(1), pursuant to Government Code Section 6061; (2) mailing the notice to all owners of property within the proposed zone; (3) mailing the notice to each city and special district that contains, or whose sphere of influence contains the proposed zone; and (4) verifying that the notice is posted in at least three public places within the territory of the proposed zone. Contact: Jennifer Cruz, 925-655-2867 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 13, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Rosa Mena RECOMMENDATION(S): 1. OPEN hearing to consider adopting Ordinance No. 2022-31, authorizing the levy of a special tax for police protection services in Zone 2609 of County Service area P-6 in the unincorporated Martinez area of the County; CONSIDER oral and written comments received; and CLOSE the public hearing. 2. ADOPT Ordinance No. 2022-31, attached hereto. 3. ADOPT Resolution No. 2022/359, attached hereto, authorizing an election in Zone 2609 of County Service Area P-6 to consider approval of Ordinance No. 2022-31. 4. DIRECT the County Clerk, Elections Division, to conduct the election required by Government Code Sections 23027 and 53978. This election shall be held on December 20, 2022. FISCAL IMPACT: The cost of establishing the Police Service District and election is paid for by the developer of the subdivision. BACKGROUND: Per the conditions of approval for Subdivision No. 9573 (County File #CDSD21-09573), prior to recording the final map for the 7-lot subdivision, the subdivider is required to establish a special Police Services tax district for the purposes of providing additional funding to augment police services in the area. The property to be subdivided and placed within the proposed special tax district consists of a 1.98-acre site located at 180 Midhill Road in the unincorporated Martinez area of the County. On September 13, 2022, the Board approved Resolution No. 2022/309, as required by Government Code Section 25217, subdivision (b), as the first step in forming a new zone within County Service Area (CSA) P-6 in the unincorporated Martinez area of the County. The proposed zone would serve as the vehicle to collect special taxes within the boundaries of the zone if a special tax measure is approved by registered voters within the zone area at the December 20, 2022, election. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jennifer Cruz, 925-655-2867 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Rosa Mena D.3 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:October 18, 2022 Contra Costa County Subject:HEARING TO CONSIDER ADOPTION OF PROPOSED SPECIAL TAX ORDINANCE AND AUTHORIZE ELECTION TO OBTAIN VOTER APPROVAL (DISTRICT V) BACKGROUND: (CONT'D) The Board is scheduled to conduct a separate hearing on October 18, 2022, on the formation of the proposed zone. If the Board determines there is no majority protest to the formation of this new zone, and if the Board adopts Resolution No. 2022/358, establishing CSA P-6, Zone 2609 subject to voter approval of the special tax, the next step in the process is the hearing on the adoption of a special tax ordinance, the adoption of that ordinance and adoption of a resolution submitting the tax measure to the voters. In this action, the Board is asked to conduct the hearing on, and adopt, the special tax ordinance (Ordinance No. 2022-31), which would authorize the levy of a special tax for police protection services on all taxable parcels in the area of Zone 2609 if a special tax ballot measure is approved by a two-thirds majority of the registered voters in the zone area. Resolution No. 2022/359, the adoption of which is also recommended, sets forth appropriate ballot language, directs the County Clerk, Elections Division, to conduct the aforementioned election as part of the December 20, 2022, election, and supplies appropriate ballot language. CONSEQUENCE OF NEGATIVE ACTION: The project developer would be unable to comply with the conditions of approval for the project. The developer would be unable to record the final map for the subdivision. AGENDA ATTACHMENTS Resolution 2022/359 Exhibit A - Legal Description Exhibit B - Plat Map Exhibit C - Ordinance No. 2022-31 Archived Resolution No. 2022/309 MINUTES ATTACHMENTS Signed Resolution No. 2022/359 Signed Ordinance No. l2022- THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 10/18/2022 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2022/359 IN THE MATTER OF AUTHORIZING A SPECIAL TAX IN PROPOSED ZONE 2609 OF COUNTY SERVICE AREA P-6. WHEREAS, this Board recognizes the need for increased police protection services in the above subject zone and the difficulty of funding the current or an increased level of services. Government Code Sections 50077 and 53978 establish procedures for voter authorization of a special tax in order to provide additional funding for police protection. NOW, THEREFORE, BE IT RESOLVED THAT: 1. Ordinance No. 2022-31, adopted on this date, is to be presented for approval of the voters of proposed Zone 2609 of County Service Area P-6 at the election to be held on December 20, 2022, according to the following ballot proposition: “Shall Ordinance No. 2022-31, to provide additional funding for police protection services, be approved to authorize a special tax on property located in Zone 2609 of County Service Area P-6 in the unincorporated Martinez area of the County, at an initial annual amount of $200 per parcel for single-family, residential parcels, with higher and lower amounts for properties in other use categories identified in the ordinance, commencing with the tax year beginning July 1, 2023?" 2. The Contra Costa County Registrar of Voters is designated as the Election Official for this election, and the County Clerk, Elections Division, is hereby authorized and directed to provide all notices and take all other actions necessary to hold the election described in this resolution including, but not limited to, providing notices of times within which arguments for and against are to be submitted. 3. The County Administrator, or his designee, shall serve as the Eligible Filer for purposes of filing necessary documents with the Elections Official to facilitate listing of the above ballot proposition. Contact: Jennifer Cruz, 925-655-2867 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Rosa Mena Ordinance No. 2022-31 1 ORDINANCE NO. 2022-31 (Uncodified) (An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone 2609 of County Service Area P-6 The Contra Costa County Board of Supervisors ORDAINS as follows: ARTICLE I. PURPOSE AND INTENT. It is the purpose and intent of this Ordinance to authorize the levy of a tax on parcels of real property on the secured property tax roll of Contra Costa County that are within Zone 2609 of Contra Costa County Service Area No. P-6 in order to augment funding for police protection services. This tax is a special tax within the meaning of Section 4 of Article XIIIA of the California Constitution. Because the burden of this tax falls upon property, this tax also is a property tax, but this tax is not determined according to nor in any manner based upon the value of property; this tax is levied on a parcel and use of property basis. Insofar as not inconsistent with this Ordinance or with legislation authorizing special taxes and insofar as applicable to a property tax that is not based on value, such provisions of the California Revenue and Taxation Code and of Article XIII of the California Constitution as relate to ad valorem property taxes are intended to apply to the collection and administration of this tax (Article IV of this Ordinance), as authorized by law. The revenues raised by this tax are to be used solely for the purposes of obtaining, furnishing, operating, and maintaining police protection equipment or apparatus, for paying the salaries and benefits of police protection personnel, and for such other police protection service expenses as are deemed necessary. ARTICLE II. DEFINITIONS. The following definitions shall apply throughout the Ordinance: 1. “Parcel” means the land and any improvements thereon, designated by an assessor’s parcel map and parcel number and carried on the secured property tax roll of Contra Costa County. For the purposes of the Ordinance, “parcel” does not include any land or improvements outside the boundaries of Zone 2609 of County Service Area P-6 nor any land or improvements owned by any governmental entity. 2. “Fiscal year” means the period of July 1 through the following June 30. 3. Contra Costa County Service Area P-6 Zone 2609 (hereinafter called “Zone”) means that portion of unincorporated area of Contra Costa County located within the Zone’s boundaries described and shown in Exhibits A and B attached hereto. 4. “Use Code” means the code number assigned by the Assessor of Contra Costa County in order to classify parcels according to use for ad valorem property tax purposes. A copy Ordinance No. 2022-31 2 of the Assessor’s use code classifications chart is attached hereto as Exhibit C and incorporated herein. 5. “Consumer Price Index” means the Consumer Price Index for all Urban Consumers (CPI-U) for the San Francisco-Oakland-San Jose Area (1982-84=100) as published by the U.S. Department of Labor, Bureau of Labor Statistics. If the Consumer Price Index is discontinued or revised, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Consumer Price Index had not been discontinued of revised. 6. “Constant first year dollars” shall mean an actual dollar amount which, in years subsequent to the first fiscal year the tax is levied, shall have the same purchasing power as the base amount in first fiscal year dollars as measured by the Consumer Price Index. The base amount shall be the amount of tax per parcel as specified in Article III 1A herein. The adjustment from actual to constant dollars shall be made by use of the Consumer Price Index, as specified in Section III 1B herein. ARTICLE III. AMOUNT AND LEVEL OF TAXES 1. The tax per year on each parcel in the Zone shall not exceed the amount applicable to the parcel as specified below. A. For First Fiscal Year: The tax per year for the first fiscal year (July 1, 2023 through June 30, 2024) shall be the Amount of Tax per Parcel for the Property Use Code Category as set forth in Exhibit D incorporated herein. B. For Subsequent Fiscal Years: In order to keep the tax on each parcel in constant first year dollars for each fiscal year subsequent to the first fiscal year, the tax per year shall by adjusted as set forth below to reflect any increase in the Consumer Price Index beyond the first fiscal year a tax is levied. In July, the Board of Supervisors of Contra Costa County shall determine the amount of taxes to be levied upon the parcels in the Zone for the then current fiscal year as set forth below. For each Property Use Category on Exhibit C, the tax per year on each parcel for each fiscal year subsequent to the first fiscal year shall be an amount determined as follows: Tax Per Parcel Tax Per Parcel (Consumer Price Index For Then Current = For Previous X for April of Immediately Fiscal Year Fiscal Year Preceding Fiscal Year) (Consumer Price Index For the first Fiscal Year Of Levy) Ordinance No. 2022-31 3 In no event shall the tax per parcel for any fiscal year be less than the amount established for the first fiscal year. 2. The taxes levied on each parcel pursuant to this Article shall be a charge upon the parcel and shall be due and collectible as set forth in Article IV, below. A complete listing of the amount of taxes on each Zone shall be maintained by the Sheriff-Coroner of the County of Contra Costa at Martinez, California, and be available for public inspection during the remainder of the fiscal year for which such taxes are levied. ARTICLE IV. COLLECTION AND ADMINISTRATION. 1. Taxes as Liens Against the Property. The amount of taxes for each parcel each year shall constitute a lien on such property, in accordance with Revenue and Taxation Code section 2187, and shall have the same effect as an ad valorem real property tax lien until fully paid. 2. Collection. The taxes on each parcel shall be billed on the secured roll tax bills for ad valorem property taxes and shall be due the County of Contra Costa. Insofar as feasible and insofar as not inconsistent with this Ordinance, the taxes are to be collected in the same manner in which the County collects secured roll ad valorem property taxes. Insofar as feasible and insofar as not inconsistent with the Ordinance, the times and procedure regarding exemptions, due dates, installment payments, corrections, cancellations, refunds, late payments, penalties, liens, and collection for secured roll ad valorem property taxes shall be applicable to the collection of this tax. Notwithstanding anything to the contrary in the foregoing, as to this tax: 1) the secured roll tax bills shall be the only notices required for this tax, and 2) the homeowner and veterans exemptions shall not be applicable because such exemptions are determined by dollar amount value. 3. Costs of Administration by the County. The reasonable costs incurred by the County officers collecting and administering this tax shall be deducted from the collected taxes. ARTICLE V. ACCOUNTABILITY MEASURES. 1. Account. Upon the levy and collection of the tax authorized by this ordinance, an account shall be created into which the proceeds of the tax will be deposited. The proceeds of the tax authorized by this Ordinance shall be applied only to the specific purposes identified in this Ordinance. Ordinance No. 2022-31 4 2. Annual Report. An annual report that complies with the requirements of Government Code section 50075.3 shall be filed with the Board of Supervisors of Contra Costa County no later than January 1 of each fiscal year in which the tax is levied. ARTICLE V. SEVERABILITY CLAUSE If any article, section, subsection, sentence, phrase of clause of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The voters of the Zone hereby declare that they would have adopted the remainder of the Ordinance, including each article, section, subsection, sentence phrase or clause, irrespective of the invalidity of any other article, section, subsection, sentence, phrase or clause. ARTICLE VI. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its confirmation by two-thirds of the voters voting within Zone 2609 in an election to be held on December 20, 2022, so that taxes shall first be collected hereunder for the tax year beginning July 1, 2023. Within 15 days of passage, this Ordinance shall be published once, with the names of the Supervisors voting for and against it, in the Contra Costa Times, a newspaper of general circulation published in this County. PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, on October 18, 2022, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: MONICA NINO, Clerk of the Board of Supervisors and County Administrator By: __________________________ _____________________________________ Deputy Chair of the Board of Supervisors [SEAL] ORDINANCE NO. 2022-31 ZONE 2609 FOR FISCAL YEAR JULY 1, 2023, THROUGH JUNE 30, 2024 EXHIBIT D PROPERTY USE ANNUAL TAX CODE CATEGORY EXPLANATION PER PARCEL 11 Single Family Residence – 1 residence, 1 site $200 12 Single Family Residence- 1 residence, 2 or more sites $200 13 Single Family Residence- 2 residences on 1 or more sites $200 14 Single Family Residence – other than single family land $200 15 Misc. Improvements – 1 site $200 16 Misc. Improvements – 2 or more sites $200 17 Vacant – 1 site $100 18 Vacant – 2 or more sites $100 19 Single Family Residence - Det. w/common area $200 20 Vacant – Multiple $100 21 Duplex $200 22 Triplex $200 23 Fourplex $200 24 Combination $200 25 Apartments (5-12 units) $400 26 Apartments (13-24 units) $400 27 Apartments (25-59 units) $600 28 Apartments (60+ units) $800 29 Attached PUDs: Cluster Homes, Condos, Etc. $200 30 Vacant – Commercial $100 31 Commercial Stores – Not Supermarkets $600 32 Small Grocery Stores (7-11, etc.) $600 33 Office Buildings $400 34 Medical, Dental $400 35 Service Stations, Car Wash $400 36 Garages $400 37 Community Facilities (recreational, etc.) $800 38 Golf Courses $400 39 Bowling Alleys $400 40 Boat Harbors $400 41 Supermarkets (not shopping centers) $600 42 Shopping Centers $800 43 Financial Buildings (Ins., Title, Banks, S&L) $400 44 Motels, Hotels & Mobile Home Parks $600 45 Theaters $600 46 Drive-In Theaters $400 47 Restaurants (not drive-in) $400 48 Multiple & Commercial $400 49 New Car Agencies $400 50 Vacant Land (not part of Ind. Park or P. & D.) $100 51 Industrial Park $800 52 Research & Development $400 53 Light Industrial $400 54 Heavy Industrial $400 55 Mini Warehouses (public storage) $600 56 Misc. Improvements $400 61 Rural, Res. Improvement 1A-10A $200 62 Rural, W/or w/o Structure 1A-10A $200 70 Convalescent Hospitals/Rest Homes $400 73 Hospitals $400 74 Cemeteries/Mortuaries $400 75 Fraternal & Service Organizations $400 76 Retirement Housing Complex $600 78 Parks & Playgrounds $800 85 Public & Private Parking $400 87 Common Area $400 88 Mobile Homes $200 89 Other (split parcels in different tax code areas) $200 99 Awaiting Assignment $200 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 09/13/2022 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2022/309 RESOLUTION OF INTENTION TO FORM ZONE 2609 OF COUNTY SERVICE AREA P-6 IN THE UNINCORPORATED MARTINEZ AREA The Board of Supervisors of Contra Costa County RESOLVES: 1. The Board of Supervisors of Contra Costa County proposes the formation of new zone in the unincorporated Martinez area of County Service Area (CSA) P-6, pursuant to Article 8 of Chapter 2.3 of Part 2 of Division 2 of Title 3 of the California Government Code. 2. The boundaries of the territory to be included in the zone area are described in 'Exhibit A' and shown in 'Exhibit B', both of which are attached hereto and incorporated herein by this reference 3. The formation of Zone 2609 is proposed to provide the County of Contra Costa with a method of financing an increased level of police protection services to the area within the zone. 4. The proposed zone would provide a level of police protection services that exceeds the level of service outside the zone, and if approved by the voters, the proposed zone would generate additional revenue in the form of special taxes to fund the increase in this level of service. 5. The increase in the level of service would be financed through the levy of a voter-approved special tax on all taxable parcels within the zone. 6. The name proposed for the zone is "Zone 2609" of CSA P-6. NOW, THEREFORE, BE IT RESOLVED THAT at 9:00 a.m. on October 18, 2022, in the Chamber of the Board of Supervisors, County Administration Building, 1025 Escobar Street, Martinez, CA 94553, this Board will conduct a public hearing upon the proposed formation of Zone 2609 of CSA P-6. The Clerk of the Board is hereby directed to give notice of the public hearing by (1) publishing a notice that complies with Government Code Section 25217, subdivision (d)(1), pursuant to Government Code Section 6061; (2) mailing the notice to all owners of property within the proposed zone; (3) mailing the notice to each city and special district that contains, or whose sphere of influence contains the proposed zone; and (4) verifying that the notice is posted in at least three public places within the territory of the proposed zone. Contact: Jennifer Cruz, 925-655-2867 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: September 13, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Rosa Mena RECOMMENDATION(S): RECEIVE update on the activities and oversight of the County's Head Start Programs; CONSIDER APPROVING Head Start Agency Governance Policy No.22-60; and Determine that to the extent that the provisions of Head Start Agency Policy No.22-60 conflict with the provisions of prior Head Start governance policies and procedures, the provisions of Head Start Agency Policy No. 22-60 will prevail and be given full effect. FISCAL IMPACT: There is no fiscal impact. BACKGROUND: On September 26, 2022 they Employment and Human Services Department (EHSD) made a presentation to the Family and Human and Services (FHS) Committee providing an update on then the Community Services Bureau’s Head Start programs including the recent Quality Improvement Plan. During that presentation, EHSD made three recommendations to change to the Head Start Governance. The recommendations were to 1) identify the EHSD Director as the Head Start Executive Director, 2) delegate the EHSD Director to hire the Head Start Management Team, and 3) accept monthly updates at the Family and Human Services Committee. FHS approved the report, including to forward it APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: Danielle Fokkema, 925-655-2047 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: D.4 To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Date:October 18, 2022 Contra Costa County Subject:Update on Head Start Programs and Oversight BACKGROUND: (CONT'D) to the Board of Supervisors for discussion. Subsequent to the FHS meeting, the Administration for Children and Families has indicated that monthly reports to the FHS is insufficient to meet the governing body responsibilities as outlined in the Head Start Act. Therefore, the policy recommended here recommends monthly report to the full Board of Supervisors. CONSEQUENCE OF NEGATIVE ACTION: EHSD will not be able to make necessary changes to Head Start governance, which may jeopardize the success of the Quality Improvement Plan. CLERK'S ADDENDUM Speakers; No name given; No name given (2). RECEIVED update on the activities and oversight of the County's Head Start Programs; APPROVED Head Start Agency Governance Policy No.22-60 as ameded today to under item No. 3a Governing Body, item M "visiting at least one Head Start center in the district annualy"; and DETERMINED that to the extent that the provisions of Head Start Agency Policy No.22-60 conflict with the provisions of prior Head Start governance policies and procedures, the provisions of Head Start Agency Policy No. 22-60 will prevail and be given full effect ATTACHMENTS Head Start Update CCC Head Start Governance Policy Head Start Update Marla Stuart, MSW, PhD Director, Employment & Human Services Contra Costa County Board of Supervisors October 18, 2022 Order of Presentation 1.Quality Improvement Plan Update 2.Governance 3.Budget 4.Services 5.Monitoring 6.Region IX Communications 7.Future Quality Improvement Plan 5 Deficiencies | (1 Area of Non-Compliance)Due 1.Ongoing Monitoring & November 16 Continuous Improvement (2.Program Governance)November 16 3.Safety Practices –Monitoring & maintaining November 16 healthy & safe environments 4.Safety Practices –Supervising children October 17 5.Safety Practices –Keeping children safe October 17 6.Ongoing Fiscal Capacity –Fiscal management November 16 Quality Improvement Plan (QIP) Governance Governance Structure Approve new Head Start Governance Policy that includes: –Identifying Employment & Human Services (EHSD) Director as the Head Start Executive Director –Delegating EHSD Director to hire Head Start Management Team (existing FTE) •Director •Chief Fiscal Officer •Personnel Officer –Accepting monthly Head Start updates Governance Recommendations Budget FY21/22 Budget Summary Services Centers per Supervisorial District 10 5 3 9 11 FY21/22 Attendance Meals and Snacks Served Current Slots and Waiting List WAITING LIST = 4,187 (218% OF SLOTS) SLOTS Part-Day Full-Day Home Visiting TOTAL Head Start 356 995 0 1351 Early Head Start 0 424 149 573 TOTAL 356 1419 149 1924 Classroom Closures CSB Position Vacancies 14% 12% 13% 12% 13% 12%12% 13% 15% 17% 18% 19%19% 20%20% Jul-21 Aug-21 Sep-21 Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 In September, 2022 CSB had 59 vacant FTE and 76 temporary employees Monitoring Unusual Incidents Category FY 21/22 FY 22/23 Year to date Jul-Sep (3 months) Child Minor Injury 1 1 Child Major Injury 2 0 Child Minor Safety 1 0 Child Major Safety 1 1 Parent Complaint 5 1 COVID Related 8 7 Other 2 2 TOTAL 20 12 Average per Month 1.7 4 FY21/22 School Readiness Infants and Toddlers Preschool Current & Expected Outcomes by June 2022 Pre-Kindergarten Measurement Domains ATL-REG = Approaches to Learning Self-Regulation SED = Social and Emotional Development LLD = Language and Literacy Development COG = Cognition Including Math and Science PD-HLTH = Physical Development Health Region IX Communications July 2021 1.Fiscal Year (FY) 2022 Monitoring Process for Head Start 2.Early Head Start Grantees and Technology Changes September 2021 3.Supporting the Wellness of All Staff in the Head Start Workforce January 2022 4.Final Rule on Flexibility for Head Start Designation Renewals in Certain Emergencies February 2022 5.Documenting Services to Enrolled Pregnant Women 6.Head Start Transportation Services and Vehicles During the COVID-19 Pandemic April 2022 7.Head Start Categorical Eligibility for Families Eligible for the Supplemental Nutrition Assistance Program) 8.FY 2022 Head Start Funding Increase 9.SNAP (CalFresh) recipients as eligible for Head Start/Early Head Start May 2022 10.A Letter from the Director About OHS Leadership Transitions June 2022 11.Competitive Bonuses for the Head Start Workforce July 2022 12. Letter from the Office of Head Start Acting Director on Investing in Early Childhood Education Workforce August 2022 13.Office of Head Start Guidance for Use of Funds Appropriated in the American Rescue Plan Act of 2021 (ARP) 14. Letter from the Office of Head Start Acting Director on Masks and Vaccines in Head Start Programs* September 2022 15. Strategies to Stabilize the Head Start Workforce 16. Reporting Child Health and Safety Incidents 17. Office of Head Start Mask Announcement FY21/22 Communications Communications = Office of Head Start Information Memoranda Future •Entering Year 5 of 2019-2023 •Competitive process for 2024-28 Future 1 Ensure a culture of safety that includes standardized practices for safe environments, safe transitions, Children’s Personal Rights, standards of conduct, child supervision, and classroom monitoring. Outcome --A reduction in unusual incidents compared to 2022. 2 Increase enrollment and attendance levels for grantee operated and delegate/partner operated centers as we continue to emerge from the impacts of the pandemic. Outcome --Reach and maintain the ACF required enrollment rate. Outcome --Improve attendances rates compared to 2022. 3 Adapt to the shift in community need for infant and toddler services and in light of the California implementation of Transitional Kindergarten. Outcome --Monthly reduction in the number of families with children ages 0 -3 on waiting lists compared to 2022. 4 Implement innovative approaches to hiring, developing, and retaining a robust teaching, support and management staff for grantee operated and delegate/partner operated sites. Outcome --A reduction in vacancy rates, especially for teaching staff, compared to 2022. Outcome --A reduction in number of classrooms closed due to insufficient staffing, compared to 2022. 5 Continue to execute, and then monitor the effectiveness of, the integration of administrative functions into the Employment & Human Services Department which was started with the 2022 Quality Improvement Plan. Outcome --A reduction in the number of internal control grantee and delegate/partners compared to 2022 . 2024 Goals Accept report and approve new Governance Policy. Motion Requested SECTION: Employment & Human Services Administrative Standards PAGE NO.: 1 ISSUED: 10-18-22 HEAD START AGENCY GOVERNANCE SECTION: 10-0 PAGE NO.: 1 EFFECTIVE: 10-18-2022 DMCL #22-60 Contra Costa County Issued/Revised: 10-18-2022 Employment & Human Services Dept. Manual Distribution: CSB, EHSD Administration I. GENERAL A. This policy describes the formal structure of program governance for the Contra Costa County Head Start program including the oversight of quality services for children and families and for making decisions related to program design and implementation. To the extent that the provisions of this policy conflict with the provisions of the 2019-2021 Community Services Bureau Policies & Procedures Manual approved by the Board of Supervisors on 7/30/2019, the provisions of this Head Start Agency Governance Policy No. 22-60 will prevail and be given full effect. II. REFERENCE A. Head Start Program Performance Standards (45 CFR chapter xiii) B. Head Start Act (42 U.S.C. 9837) C. Contra Costa County Administrative Bulletins 100 (General), 200 (Budget & Fiscal), 300 600 (Payroll & Timekeeping), 400 (Personnel), 500 (Property & Equipment), 600 (Purchasing) D. Employment & Human Services Department Manual, Memoranda, and other requirements III. POLICY A. Governing Body. The five members of the Contra Costa County Board of Supervisors, serve as the governing body (“Board”) of the County’s Head Start program (“Program”). The Board has general legal and fiscal responsibility for the Program, including the safeguarding of federal funds and ensuring Program compliance with state, federal, and local laws and regulations. 1. Responsibilities. The Board is responsible for carrying out the following duties, including but not limited to: a. Selection of delegate agencies and their service areas; b. Establishing procedures and criteria for recruitment, selection, and enrollment of children; c. Reviewing all applications for funding, including amendments to applications; d. Reviewing and approving the annual self-assessment and financial audit; SECTION: Employment & Human Services Administrative Standards PAGE NO.: 1 ISSUED: 10-18-22 HEAD START AGENCY GOVERNANCE SECTION: 10-0 PAGE NO.: 2 EFFECTIVE: 10-18-2022 DMCL #22-60 Contra Costa County Issued/Revised: 10-18-2022 Employment & Human Services Dept. Manual Distribution: CSB, EHSD Administration e. Reviewing and approving the programmatic and fiscal obligations contained in the Program’s Head Start grant application; f. Reviewing and approving the implementation of corrective actions; g. Reviewing and approving personnel policies regarding the hiring, evaluation, termination, and compensation of County employees assigned to work on the Program; h. Developing procedures for selecting members of the Head Start Policy Council; i. Financial Approvals. (i) Ensuring compliance with county financial management, accounting, and reporting policies; (ii) Approving contracts and other major financial expenditures, consistent with County policies and procedures, and all major financial expenditures of the Program; (iii) Annually approving the Program’s operating budget; (iv) Selecting, except as otherwise provided by law, independent financial auditors; (iv) Monitoring actions to correct audit findings and to comply with laws and regulations governing financial statement and accounting practices; j. Reviewing results from monitoring of Program partners and delegate agencies, including corrective actions; k. Establishing, adopting, and updating written conflict of interest policies and procedures, and procedures for resolving complaints and conducting investigations; and l. Appointing the Head Start Executive Director. 2. Monthly Report. A monthly report addressing, but not limited to, the topics specified below will be sent to all members of the Board and will be received and discussed at a public meeting: a. Program financial statements including credit card expenditures; b. Program information summaries; c. Program enrollment reports including attendance reports for children whose care is partially subsidized by another public entity; d. Meals and snacks provided through programs of the Department of Agriculture; e. Community needs assessment; f. Communication and guidance from the Head Start Secretary; and g. Program information reports. SECTION: Employment & Human Services Administrative Standards PAGE NO.: 1 ISSUED: 10-18-22 HEAD START AGENCY GOVERNANCE SECTION: 10-0 PAGE NO.: 3 EFFECTIVE: 10-18-2022 DMCL #22-60 Contra Costa County Issued/Revised: 10-18-2022 Employment & Human Services Dept. Manual Distribution: CSB, EHSD Administration 3. Conflict of Interest. Members of the Board must not have a financial conflict of interest with the Program, including with the delegate agency Board members must report to the Program all their immediate family members who are employed by the County or by the delegate agency, and the County will report such information to the Head Start Secretary. 4. Training. The Board will receive annual training, including, at a minimum, governance training. B. Head Start Executive Director. The Board designates the Employment & Human Services Department Director as the Head Start Executive Director (“Executive Director”). No Head Start funds will be utilized to pay any part of the incumbent’s salary. 1. The Board delegates to the Executive Director the following authority: a. To take all actions needed to carry out and implement the programmatic and fiscal obligations of the Head Start grant; b. To establish procedures and guidelines for accessing and collecting information necessary for the Monthly Report (see above); c. To hire, evaluate, and terminate Program employees in accordance with the applicable Memoranda of Understanding, the Personnel Management Regulations, and the Salary Regulations, all of which were adopted by the Contra Costa County Board of Supervisors; d. To develop procedures, consistent with this policy and the Head Start Act, on how members of the Policy Council are selected at each site by multiplying the total number of Head Start and Early Head Start slots at each site by 1/60 (one representative for each 60 slots). e. To develop, subject to Board approval, actions to correct audit findings pertaining to financial statement and accounting practices and to monitor Program operations to cure the audit findings and f. To ensure compliance with all other Head Start Act and Program Performance Standards requirements not otherwise explicitly identified in this policy. B. Policy Council. The Policy Council is elected by the parents of the children currently SECTION: Employment & Human Services Administrative Standards PAGE NO.: 1 ISSUED: 10-18-22 HEAD START AGENCY GOVERNANCE SECTION: 10-0 PAGE NO.: 4 EFFECTIVE: 10-18-2022 DMCL #22-60 Contra Costa County Issued/Revised: 10-18-2022 Employment & Human Services Dept. Manual Distribution: CSB, EHSD Administration enrolled in the Program and is comprised of parents of children currently enrolled in the Program, including the delegate agency, and members at large of the community served by the Program, including parents of children formerly enrolled in the Program. The majority of the Policy Council membership must be comprised of parents of children currently enrolled in the Program. The Policy Council is responsible for the direction of the Program, including its design and operation, and the short-term planning goals and objectives, taking into account the annual communitywide strategic planning and needs assessment and self-assessment. 1. Responsibilities. The Policy Council will approve and submit to the Board decisions about the following: a. Activities to support the active involvement of parents in supporting program operations, including policies to ensure that the County is responsive to community and parent needs; b. Program recruitment, selection, and enrollment priorities; c. Applications for funding and amendments to applications for funding for programs, prior to the submission of the funding applications; d. Budget planning for program expenditures, including policies for reimbursement and participation in Policy Council activities; e. Policy Council bylaws; f. Program personnel policies and decisions regarding the employment of program staff, consistent with Head Start paragraph 642(c)(1)(E)(iv)(iX), including standards of conduct for program staff, contractors, and volunteers and criteria for the employment and dismissal of program staff. g. Developing procedures for how Policy Council members are elected and h. Recommendations on the selection of delegate agencies and the service areas for such agencies. 2. Conflict of Interest. Members of the Policy Council must not have a conflict of interest with the County, including any delegate agency and must not receive compensation for serving on the Policy Council or for providing services to the County. RECOMMENDATION(S): 1. ACCEPT report on general liability cost allocation for County departments and associated with contracts between the County and certain cities for the provision of city police services by the Office of the Sheriff; 2. CONSIDER providing direction to staff regarding recovery of general liability expenses for contract cities. FISCAL IMPACT: Acceptance of the report has no fiscal impact. BACKGROUND: At the June 21, 2022 meeting of the Board of Supervisors, staff reported on the liability expenses incurred by the County associated with contracts between the County and certain cities for the provision of city police services by the Office of the Sheriff. For follow-up from the discussion, the Board requested additional information on the County’s broader general liability insurance program, including more detail on the cost recovery of insurance and litigation expenses for police services contracts. This report summarizes the major findings from the June 21 discussion and provides the requested overview of the general liability program, including the methodology for cost allocation and estimated FY23-24 impact on cities contracting for police services. The Office of the Sheriff currently contracts with the Town of Danville, the Cities of Lafayette and Orinda, and other entities to provide police services. Last fiscal year, the County settled two lawsuits concerning the shooting deaths of Laudemer Arboleda and Tyrell Wilson by Officer Hall, a Contra Costa Sheriff’s Deputy working as an officer with the Danville Police Department pursuant to a police services contract. The lawsuit concerning Laudemer Arboleda settled for $4.9 million in November 2021, and the lawsuit regarding Tyrell Wilson settled for $4.5 million in March 2022. For each case, the County was reimbursed by its excess insurer, Public Risk Innovation, Solutions, and Management (“PRISM”), for all expenses exceeding the County’s $1 million self-insured retention (SIR), similar to an insurance deductible. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes:See Addendum VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Adam Nguyen, County Finance Director (925) 655-2048 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.5 To:Board of Supervisors From:Monica Nino, County Administrator Date:October 18, 2022 Contra Costa County Subject:General Liability Cost Allocation and Expenses Associated With Provision of Police Services to Cities BACKGROUND: (CONT'D) General Liability Self-Insurance Program Cost Allocation Contra Costa County uses a combination of self-insurance, pooled coverage, and purchased insurance for protection against adverse losses. The County procures excess coverage for the self-insured general liability program through Public Risk Innovation Solutions and Management (PRISM), a California Joint Powers Authority (JPA). The funding of the County’s self-insured General Liability cost requires actuarial analysis of claims and loss history to predict likely liabilities, expenditures, and required reserves each year for disclosure in the County’s audited financial statements. Since claims incurred in one fiscal year are typically paid over several succeeding fiscal years, funds must be set aside in the current year to pay expenses in future fiscal years. The State Controller requires that self-insured insurance programs hold assets in a trust fund or internal service fund to cover the cost of these future payments. The latest actuarially-determined, expected value reserve requirement cited in a March 8, 2022 report for the County is $11.7M, and is currently met within the County’s Public Liability Trust Fund as of October 2022. The State Controller provides further guidance on internal cost allocation methodologies for general liability expenses in its “Handbook of Cost Plans for California Counties.” Following the State Controller’s guidelines and industry best practices, Contra Costa County weights exposure to claims by 20% for exposure to potential losses and actual loss experience by 80%. Exposure to potential losses is complex; the County follows the common industry practice of using total payroll to determine risk exposure. The general logic is that larger organizations with more employees typically carry more risk. For loss experience, the County previously based cost recovery on a rolling average of five years of actual paid losses, but moving forward will calculate rates based on ten years of total incurred losses, in line with the State’s recommended practice of using longer periods of loss data when it is available. Historically, County departments were informed of their annual General Liability cost allocation through a memo from the Risk Management Department. General Fund supported departments, however, weren’t actually charged; instead, those budgeted costs were allocated and charged to the County General Fund account. Self-supporting, “Revenue Departments”—including Child Support Services, Conservation and Development, Employment and Human Services, Fire Districts, First 5, Health Services, Library, and Public Works – were allocated costs and billed. Moving forward, Risk Management will meet with all County departments annually to review their budgeted risk management charges for general liability and other insurance coverage, and discuss potential risk management mitigation strategies. Combined with the 10-year loss history weighting, this cost allocation methodology should better smooth insurance charges to departments and align incentives to mitigate risks and implement safety and loss prevention programs, reducing overall long-term costs to the County. FY23-24 Anticipated General Liability charges In recent fiscal years, the premiums for the County’s total general liability insurance have been steadily increasing. They increased 26% for FY 20-21, 21% for FY 21-22, and 26% for FY 22-23. Similar or higher insurance premium rate increases are likely to occur in future years. Past premium increases reflected market conditions in the general liability insurance industry for public entities statewide and nationally, rather than only the County’s individual loss history. The insurance market, particularly for police services, is currently characterized as being a very “hard market,” driven by a significant increase in the frequency and severity of losses; simply put, there are more lawsuits and bigger payouts than ever. Table 1: Total General Liability Insurance Program Premium by Fiscal Year Fiscal Year Premium Amount Percentage Change 2019-2020 $6,563,791 29% 2020-2021 $8,291,263 26% 2021-2022 $10,093,308 22% 2022-2023 $12,689,147 26% Table 2: General Liability Insurance Cost Allocations for Self-Supporting Departments, by Fiscal Year Department Estimated FY23-24 GL Charge FY22-23 GL Charge Amount Change Percentage Change Child Support Services $64,932 $55,374 $9,558 17% Conservation & Development $167,062 $125,847 $41,215 33% Employment & Human Services $971,536 $552,436 $419,100 76% Fire Districts $560,088 $355,671 $204,418 57% First 5 $16,617 $14,280 $2,337 16% Health Services $2,279,324 $3,167,797 ($888,473)-28% Library $76,735 $60,100 $16,635 28% Public Works $6,697,013 $6,956,530 ($259,517)-4% Sheriff Non-Detention $6,200,161 $4,472,573 $1,727,588 39% Sheriff Detention $1,929,482 $1,863,254 $66,228 4% Contract cities contribute towards the cost of general liability coverage. In the past, Risk Management would order an annual analysis specifically for liability expenses related to police services for contract cities, and use the report findings to inform the calculation of insurance charges per sworn officer for the fiscal year. The last analysis was completed in May 2021, and the cities currently make monthly general liability coverage payments of $215.83 per full-time equivalent (FTE) sworn officer. The current annual contracted Sheriff’s FTE cost in FY 2022-23 is approximately $2,580. Those charges are deposited into the Risk Management Liability Trust Fund. For FY23-24 and moving forward, the general liability rates for entities that contract with the County for police services charges will continue to be based on a charge per full-time equivalent (FTE) sworn officer. As with the rest of the county, the rate from the Office of the Sheriff will be proportionally based on loss history (80%) and exposure (20%). To more accurately determine a per Sheriff’s employee rate, the insurance cost for the Sheriff’s department will be further stratified between Detention and non-Detention. The calculated insurance cost per non-Detention FTE will be applied to each contracted Sheriff’s FTE. For FY23-24, the initial estimated annual contracted Sheriff’s FTE cost will be approximately $9,118, an increase of 253% over the prior year’s rate, reflecting the large loss experience in recent years. Table 3: FY2023-24 Estimated General Liability Cost Allocation for Contracted Police Services Sheriff FTE (non-detention)680 FY23-24 Annual Charge per FTE - Estimate $9,118 FY22-23 Annual Charge per FTE $2,580(based on $215 monthly) Agency Assigned FTE FY23-24 Charge (est.) FY22-23 Charge Town of Danville 30 $273,537 $77,400 Lafayette Police Department 18 $164,122 $46,440 Orinda Police Department 14 $127,650 $36,120 AC Transit 11 $100,297 $28,380 Crockett Community Services District 1 $9,118 $2,580 Diablo Community Services District 1 $9,118 $2,580 Crockett Cogen 1 $9,118 $2,580 P-2 Zone A Blackhawk 4 $36,472 $10,320 P-5 Round Hill 2 $18,236 $5,160 P-2 Zone B Alamo 1 $9,118 $2,580 83 $756,784 $214,140 CONSEQUENCE OF NEGATIVE ACTION: Staff would not receive direction on how to proceed. CLERK'S ADDENDUM ACCEPTED the report and recommendations; with the two exceptions of combining the Sheriff's Department as one pool (detention and nondetention) and smoothing out the rate increase to the contract cities over three years. ATTACHMENTS Presentation - General Liability Cost Allocation Adam Nguyen County Administrator’s Office October 18, 2022 General Liability Insurance Cost Allocation County Administrator’s Office / Risk Management –General Liability Insurance Cost Allocation Agenda 1.Overview of the County’s General Liability coverage 2.Cost allocation methodology to departments 3.FY23-24 estimated charges to self-supporting departments and contracted entities for police services 4.Discussion 2 County Administrator’s Office / Risk Management –General Liability Insurance Cost Allocation General Liability overview 1.Coverage for claims due to negligence, covering: bodily injury, personal injury, property damage, public officials Errors and Omissions, employment practices liability, automobile liability 2.County self-insures for losses for each incident up to its self- insurance retention (i.e. deductible) of $1M 3.Excess general liability coverage provided by Public Risk Innovation, Solutions, and Management Company (PRISM) a.Created in 1979 when 29 California counties formed the California State Association of Counties (CSAC) Excess Insurance Authority (EIA), a Joint Powers Authority (JPA) b.Membership has since expanded to include 95% of counties, 70% of cities, as well as educational organizations, special districts, housing authorities, fire districts, and 27 other Joint Powers Authorities 3 County Administrator’s Office / Risk Management –General Liability Insurance Cost Allocation Insurance renewal cycle 1.Actuarial analysis of claims and loss history required to predict likely liabilities, expenditures, and required reserves each year for disclosure in the County’s audited financial statements 2.Latest analysis as of March 8, 2022 required an expected value of $11.7M for insurance reserve, which the County’s Public Liability Trust Fund currently meets 3.Initial insurance premium estimates are typically provided in October, and updated in December/January, and March 4.Early estimates are used to inform the County’s budget development and cost allocation for general liability 5.Premiums are due on July 1 of each year 4 County Administrator’s Office / Risk Management –General Liability Insurance Cost Allocation State Controller guidance on cost allocation 1.Best practices for cost allocation provided in the State’s Handbook of Cost Plans for California Counties 2.Section 4230: Reserve Development –Requires annual actuarial analysis of loss history to determine reserves needed to meet likely liabilities 3.4270: Rate Development a.Develop premium based on risk management administrative costs, excess insurance premiums, and reserve requirements b.Rates should be developed to charge the user departments for their share of the “premium.” c.For counties that have at least 10 years of loss history, approximately 80% of the annual premium charge should be based on the average loss history, with 20% of the annual premium distributed on the exposure to potential losses. 5 County Administrator’s Office / Risk Management –General Liability Insurance Cost Allocation County General Liability cost allocation methodology Past practice 1.Weighted by risk exposure 20% and loss experience 80% 2.Modeled on 5 years paid loss experience 3.Informed departments of annual general liability costs, but only directly budgeted and charged to self-supporting departments. General Fund departments were charged to the County general fund. Moving forward 1.Weights risk exposure 20% and loss experience 80% 2.Models on 10 years total incurred losses 3.All departments will be directly budgeted and charged for general liability coverage, better aligning each department’s incentives to manage risk 6 County Administrator’s Office / Risk Management –General Liability Insurance Cost Allocation General Liability Insurance Premium History Fiscal Year Premium Amount Percentage Change 2019-2020 $6,563,791 29% 2020-2021 $8,291,263 26% 2021-2022 $10,093,308 22% 2022-2023 $12,689,147 26% 7 The insurance market, particularly for police services, is currently characterized as being a very “hard market,” driven by a significant increase in the frequency and severity of losses. County Administrator’s Office / Risk Management –General Liability Insurance Cost Allocation County General Liability cost allocation FY22 -24 Department Estimated FY23-24 Charge FY22-23 Charge Change Amount Change Percentage Child Support Services $64,932 $55,374 $9,558 17% Conservation & Development $167,062 $125,847 $41,215 33% Employment & Human Services $971,536 $552,436 $419,100 76% Fire Districts $560,088 $355,671 $204,418 57% First 5 $16,617 $14,280 $2,337 16% Health Services $2,279,324 $3,167,797 ($888,473)-28% Library $76,735 $60,100 $16,635 28% Public Works $6,697,013 $6,956,530 ($259,517)-4% Sheriff Non-Detention $6,200,161 $4,472,573 $1,727,588 39% Sheriff Detention $1,929,482 $1,863,254 $66,228 4% 8 County Administrator’s Office / Risk Management –General Liability Insurance Cost Allocation FY23-24 Estimated General Liability cost allocation for Contracted Police Services Sheriff GL Charge (non-detention)$6,200,161 Sheriff FTE (non-detention)680 FY23-24 Annual Charge per FTE -Estimated $9,118 FY22-23 Annual Charge per FTE $2,580(based on $215 monthly) Agency Assigned FTE FY23-24 Charge (est) FY22-23 Charge Town of Danville 30 $273,537 $77,400 Lafayette Police Department 18 $164,122 $46,440 Orinda Police Department 14 $127,650 $36,120 AC Transit 11 $100,297 $28,380 Crockett Community Services District 1 $9,118 $2,580 Diablo Community Services District 1 $9,118 $2,580 Crockett Cogen 1 $9,118 $2,580 P-2 Zone A Blackhawk 4 $36,472 $10,320 P-5 Round Hill 2 $18,236 $5,160 P-2 Zone B Alamo 1 $9,118 $2,580 83 $756,784 $214,140 9 RECOMMENDATION(S): RECEIVE report on the proposed policies, guidelines, and procedures to implement the one-time Measure X-funded Innovation Fund to be administered by the County Administrator's Office. 1. MODIFY the eligibility for the Innovation Fund to exclude County departments, cities and other governmental agencies and include only nonprofit Contra Costa community-based organizations. 2. FISCAL IMPACT: No additional fiscal impact. $2 million allocated on a one-time basis for the Innovation Fund from Measure X sales tax proceeds. Administrative and web portal costs will be borne by the County Administrator’s Office. BACKGROUND: On November 3, 2020, voters in Contra Costa County approved Measure X, a countywide, 20-year, half-cent sales tax. The ballot measure language stated the intent of Measure X as “to keep Contra Costa’s regional hospital open and staffed; fund community health centers, emergency response; support crucial safety-net services; invest in early childhood services; protect vulnerable populations; and for other essential county services.” The Measure X Community Advisory Board (MxCAB) was established on February 2, 2021, to advise the Board of Supervisors on the use of Measure X funds. On November 16, 2021, the MxCAB presented a report and funding recommendations to the Board of Supervisors. Among the many recommendations for funding approved by the Board of Supervisors that day was a one-time allocation of $2 million to establish an Innovation Fund to seed pilot programs and innovative projects. It was recommended that the funding be made available to "County departments, cities, and community-based organizations in response to local service needs." The MxCAB suggested that Innovation Funds be prioritized for community-embraced and community-based programs and services and, minimally, to support the Measure X funding goal of Equity in Action (Goal #2): “We strive to be a community that prioritizes equity and removes structural barriers that cause inequities and poverty, so that all residents can thrive.” APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Julie Enea (925) 655-2056 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: D.6 To:Board of Supervisors From:FINANCE COMMITTEE Date:October 18, 2022 Contra Costa County Subject:PROPOSED MODIFICATIONS TO THE MEASURE X INNOVATION FUND BACKGROUND: (CONT'D) The recommendation included allocating these funds to the County Administrator’s Office for development of Innovation Fund guidelines for review by the Board’s Finance Committee prior to issuing a request for proposals. It is anticipated that recommendations for allocation of funds will also be reviewed by the Finance Committee prior to submittal to the Board of Supervisors for approval. On October 3, 2022, the Finance Committee considered the County Administrator's proposed framework of policies, guidelines, and procedures to implement the Innovation Fund, received public input from the MxCAB Chair and several members of the public in attendance, and made changes to the proposed framework, which are reflected in the attached presentation (see Attachment 1: Recommended Innovation Fund Framework) and which covers: Guiding principles distinguishing innovation projects from general application of best practices Quality standards for Innovation Fund proposals Program categories (see Attachment 1 for examples of innovation in each category from other jurisdictions) Eligibility requirements Phase process and suggested implementation schedule Also attached are thought-provoking examples of innovative programs attempted in other jurisdictions in each of the program categories identified within the framework (see Attachment 2: Examples of Innovation Projects from Other Jurisdictions Fund). The County Administrator's Office proposes a bid process modeled on similar County competitive programs such as the Keller Mitigation Fund Program and the Commercial Cannabis land use permit selection process. These programs utilized an internal review committee assembled at the discretion of a County lead department to solicit and evaluate proposals and make funding recommendations to the Board of Supervisors at a regular public meeting. Such a review committee would be assembled by the County Administrator and would likely be composed of selected County staff and could include representatives of County MACs, the Office of Education, local industry, and a local farm bureau, depending upon the final guiding principles determined for the Fund and the subject matter and target population associated with each of the proposals. Upon review and discussion of the implementation framework at its October 3 meeting, the Finance Committee recommends narrowing the eligibility for the Innovation Fund from the original proposal of "County departments, cities and community-based organizations" to only "nonprofit community-based organizations," subject to additional eligibility requirements recommended by the County Administrator. Upon the Board's final approval of the eligibility criteria for the Innovation Fund, the County Administrator intends to initiate Phase I of the process on or about November 1, by inviting submittal of Concept Papers. The process from concepts to final contract awards is expected to take about five months to complete, with final project recommendations to be submitted for Board consideration following review by the Board's Finance Committee. CLERK'S ADDENDUM Speakers: Mariana Moore, Chair, Measure X Committee; Gigi Crowder; Barbara Howard, 40 Voices Campaign; No Name Given; Caller 6770; Elder Desiree, 40 Voices Campaign; Wanda Johnson; Philip Arnold; Stephen Smith; Kenneth Robinson, 40 Voices. RECEIVED report on the proposed policies, guidelines, and procedures to implement the one-time Measure X-funded Innovation Fund to be administered by the County Administrator's Office; MODIFIED the eligibility for the Innovation Fund to exclude County departments, cities and other governmental agencies and include only nonprofit Contra Costa community-based organizations. ATTACHMENTS Attachment 1: Recommended Innovation Fund Framework Attachment 2: Examples of Innovation Projects from Other Jurisdictions Fund Measure X Innovation Fund TRANSFORM CONTRA COSTA $2 Million of one-time funding available to County departments, cities, and community-based organizations for community-embraced and community-based programs and services. County Administrator’s Office –Measure X Innovation Fund Bidders’ Conference As referred to the County Administrator from the Board of Supervisors “The concept of an innovation fund available for funding pilot programs and innovative projects was brought to the attention of the Measure X Community Advisory Board and supported by Board of Supervisor members. Guidelines/policies for the fund have not been developed. It is anticipated that the funding would be available to County departments, cities, and community-based organizations in response to local service needs. The funding would be prioritized to community-embraced and community-based programs and services. Minimally the funds would be used to support the Measure X funding goal of Equity in Action (Goal #2). As with all the Measure X funded programs, in future years the success of the pilots and projects will be evaluated. Should the model produce positive measurable outcomes, additional funding will be recommended. The recommendation includes allocating these funds to the County Administrator’s Office for development of funding guidelines and allocations. It is recommended that the Innovation Fund guidelines be reviewed in a future Finance Committee meeting prior to issuing requests for proposals .” 2 County Administrator’s Office –Measure X Innovation Fund Bidders’ Conference Innovation Fund Board one-time designation of $2,000,000 from Measure X Sales Tax revenue Grants to be administered by the County Administrator on behalf of the Board Awards to be made after Review Committee recommendation, Finance Committee review, and Board approval 3 County Administrator’s Office –Measure X Innovation Fund Bidders’ Conference Mx Community Advisory Board Goal 2: Equity in Action Prioritizing equity and removing structural barriers that cause inequities and poverty, so that all residents can thrive. Strategies include: County Office of Racial Equity and Social Justice East County community-based equity center (based on the Contra Costa County Racial Justice Coalition presentation) Removal defense and case management for immigrant residents, via Stand Together Contra Costa: including legal representation across court systems and social service workers to provide holistic, language accessible, culturally-responsive social services and navigation. Community-based and schools-based arts programs Immigration-based legal services via Contra Costa Immigrant Rights Alliance Arts & Culture Commission programs Innovation fund (to facilitate community-based responses to service needs) Community-based asylum support for LGBTQ+ individuals and immigrants 4 County Administrator’s Office –Measure X Innovation Fund Bidders’ Conference Proposed Innovation Fund Guiding Principles The first question is not ‘Is this going to work?’ but rather, ‘If it works, would it matter?’ Unlike traditional grantmaking, intentionally seek to trade off probability of success in return for greater potential impact. Invest in approaches that may have a higher risk of failure, but the potential to be lasting and truly game changing if they succeed. Seek out ideas with transformative potential, take risks on less proven approaches, and recognize that innovation requires flexibility, iteration and, yes, even failure. Strive to balance rigorous analysis with intuition about a project’s potential for transformative change. The impact from one or two big, transformational successes in a portfolio can justify the opportunity cost of many failures. Recognize that money given away for social purposes is effectively gone, regardless of outcomes. 5 County Administrator’s Office –Measure X Innovation Fund Bidders’ Conference Proposed Innovation Fund Priorities Projects that improve equitable access to public services Projects that remove structural barriers that cause inequities and poverty Projects that have the potential to provide the greatest impact for every dollar spent Projects that have potential for transformative change rather than simply replicate safe, established programs 6 County Administrator’s Office –Measure X Innovation Fund Bidders’ Conference Proposed Ineligible Projects Projects that… Are not new or innovative to Contra Costa County Are designed to only supplement operations or revenue lost Do not align with Contra Costa County’s Innovation Fund priorities (see prior slide) Will not be executed in 2023-2024 7 County Administrator’s Office –Measure X Innovation Fund Bidders’ Conference Proposed Funding Categories (if needed for guidance) 1.Safe & Engaged Communities –Improving health, wellness, and public safety outcomes through community outreach/awareness, education and engagement. 2.Agriculture and Food Systems –Improving environmental health, economic profitability, and social and economic equity. 3.Economic Vitality –Providing education, job training, decent jobs and viable businesses to reduce the number of people at a poverty level. 4.Clean & Sustainable (Clean and Green) Environment –Safe food and water, proper waste disposal, clean air, pest control; preventing waste. 5.Reliable & Accessible Infrastructure -Modernization, technology, or equity in digital access, cybersecurity and resilience. 8 County Administrator’s Office –Measure X Innovation Fund Bidders’ Conference Funding Categories 1. Safe & Engaged Communities - Ideas that will help: Increase public access to technology that connects individuals to needed public services Individuals take more control over their own personal health and fitness and have better access to supportive tools and services Individuals take more control over their own personal safety at home, work or at leisure, and in preparation for natural or manmade disasters 9 County Administrator’s Office –Measure X Innovation Fund Bidders’ Conference Funding Categories 2.Agriculture and Food Systems –Innovations that: Increase access to and consumption of local agricultural and value-added products at local or export markets Improve the quality, productivity and safety of agricultural producers, systems and products through research, development and education Preserve agricultural lands through improvements to soil and water conservation programs, permitting policies, and landscape level innovations Support expansion of agricultural industries and methodologies with farmer training programs Facilitate the development of affordable farm worker housing by developing recommended reform and deploying strategies with existing government support programs Support the effective integration of the food systems network into local agricultural networks, production systems and value chains 10 County Administrator’s Office –Measure X Innovation Fund Bidders’ Conference Funding Categories 3.Economic Vitality Innovations that: Connect businesses and skilled workers Serve local workforce needs, such as childcare, transportation issues, training or career counseling and development, and advancing education Mitigate Contra Costa’s workforce challenges caused by COVID-19 11 County Administrator’s Office –Measure X Innovation Fund Bidders’ Conference Funding Categories 4. Clean & Sustainable (Clean and Green) Environment - For projects designed to deliver energy-related social and environmental benefits to County residents and propose to identify or develop local renewable energy, energy efficiency or fuel switching in Contra Costa County that increases community access to or ownership of clean energy: Implement a demonstration project that has the potential to reduce the cost of living for county residents Address the disproportionate health, environmental, economic and climate impacts on disadvantaged communities Advance innovative, low-cost, efficient transportation systems like transportation network, autonomous vehicles, and bicycle/scooter sharing Advance renewable energy resilience projects for Contra Costa County Identify and implement energy efficiency projects to reduce energy expenses Plan and Implement renewable energy projects for Contra Costa County with significant return on investment Expand the use of alternative fuel vehicles Expand the network of zero emission vehicle fueling and charging stations 12 County Administrator’s Office –Measure X Innovation Fund Bidders’ Conference Funding Categories 5. Reliable & Accessible Infrastructure -Modernization, Technology, or Equity in Digital Access Innovations that: Increase access to technology within disadvantaged communities that connects individuals to needed public services Close the equity gap surrounding technology (digital divide) Improve existing business processes and workforce efficiency Enhance citizen experience through the launch new services or business models 13 County Administrator’s Office –Measure X Innovation Fund Bidders’ Conference Proposed Eligibility Requirements Part I Tax Exempt Organization IRS designation under section 501(c)(3) of the Internal Revenue Code (most nonprofits) -automated with EIN search IRS designation under section 501(c)(6) of the Internal Revenue Code (chambers of commerce) - automated with EIN search Most recent IRS Form 990, 990-EZ, 990-N (postcard) or Form 1023/1024 indicating religious or other exemption from filing -attached to electronic application “Current” status with the California Secretary of State California Business Portal printout (bizfileonline.sos.ca.gov) 14 County Administrator’s Office –Measure X Innovation Fund Bidders’ Conference Recommended Eligibility Requirements Part II Organization must: Operate in Contra Costa County or provide documented services for residents of Contra Costa County Meet County insurance requirements, including: General Liability Insurance coverage of at least $500,000 Indemnifying the County, and covering for any emergent liabilities Workers compensation insurance is required for organizations that have employees, or if volunteers receive ANY stipends/payment Have bylaws or policies that describe the way business is conducted including management, fiscal policies and procedures, and policies on nepotism and the management of potential conflicts of interest. Have at least one year of experience with the project or in the program area being proposed. Have staff or authorized representatives adequately trained to administer and provide the program described. 15 County Administrator’s Office –Measure X Innovation Fund Bidders’ Conference Suggested Process: Three Phases 1.Concept Paper* –Provide $5,000 to seed each of up to ten most promising new concepts for a maximum of $50,000. Award to be conditioned upon participation at a Bidder’s Conference. 2.Full Proposal* –Awards made to finalists to continue successful explorations through to implementation, for a maximum of $1,950,000. 3.Post-Implementation Report and Evaluation* –Finalists to submit closeout report for CAO evaluation and report to the Board of Supervisors. * All submittals will be through a web portal provided by the County. 16 County Administrator’s Office –Measure X Innovation Fund Bidders’ Conference Phase 1: Concept Paper Up to 10 concepts @ $5,000 for a total of $50,000: Concept Paper –three-page submittal that addresses: A.Idea/concept B.Target population, goals and outcomes C.Scalability D.Eligibility of offerer E.Offerer qualifications such as specialized experience and technical competence, capability to perform and complete the project,past performance of the offeror’s team 17 County Administrator’s Office –Measure X Innovation Fund Bidders’ Conference Phase 2: Bidder’s Conference and Full Proposal Awards to Finalists for a total of $1,950,000: Full proposal that addresses: A.Work/implementation plan B.Key implementers and stakeholders C.Project schedule and budget D.Other revenue sources, if any E.Detailed description of outcomes and impacts F.Evaluation Protocol How will success be measured? How will the outcomes be demonstrated to the community? 18 County Administrator’s Office –Measure X Innovation Fund Bidders’ Conference Phase 3: Post-Implementation Report and Evaluation Timeline will be dependent on project timelines, which should not extend past 12/31/24. Evaluation will be based on pre-defined deliverables and expected outputs and outcomes specific to each award. 19 County Administrator’s Office –Measure X Innovation Fund Bidders’ Conference Proposed Phase I Concept Paper Schedule Online Concept Paper (date) No printed, emailed, or faxed proposals will be accepted for consideration Once the deadline has passed, attempts to submit applications via the submission portal will be automatically rejected Oral Presentations (date plus 10 days) Concept evaluation by Review Committee and notification to Finalists (date plus three weeks) 20 County Administrator’s Office –Measure X Innovation Fund Bidders’ Conference Proposed Phase II Bid Schedule Mandatory Bidders’ Conference (Finalist notification plus two weeks) Online Proposal and Attachments (Finalist notification plus 12 weeks) No printed, emailed, or faxed proposals will be accepted for consideration Once the deadline has passed, attempts to submit applications via the submission portal will be automatically rejected Oral Presentations (Proposal deadline plus 2 weeks) Recommendations to Board of Supervisors (Proposal deadline plus 6 weeks) Grant contract signing (Proposal deadline plus 11 weeks) 21 County Administrator’s Office –Measure X Innovation Fund Bidders’ Conference 11/1/2022 11/21/2022 12/11/2022 12/31/2022 1/20/2023 2/9/2023 3/1/2023 3/21/2023 4/10/2023 Announcement/Outreach Phase I Concept Paper Due Scheduling Phase I Oral Presentations Phase I Evaluation Finalist Notification Planning grant preparation Bidders' Conference Phase 2 Proposal Development Phase 2 Proposal Due Scheduling Phase 2 Oral Presentations Phase 2 Selection Board Report Preparation BOS Recommendation Grant contract development Grant contract execution Innovation Fund Sample Timeline 22 ATTACHMENT 1 TO CAO REPORT ON MEASURE X INNOVATION FUND IMPLEMENTATION EXAMPLES OF INNOVATIVE PROGRAMS FROM OTHER JURISDICTIONS 1. Safe & Engaged Communities – Improving health, wellness, and public safety outcomes through community outreach/awareness, education, and engagement.  Family-to-Family focuses on helping people who are struggling within the U.S. The goal is to connect families who have enough to share with impoverished families who have profoundly less. Providing a monthly box of groceries for a family connects richer communities with some of the country’s poorest areas.  Biomechanics in the Workplace. Employing a small, wearable device to reduce common workplace injuries. If the device detects improper biomechanics – bad posture or lifting stance – it will “buzz” to alert the worker to correct his or her stance and avert common back injuries.  Prescription Drug Abuse Partnership. A Partnership comprised of multidisciplinary members who actively work to prevent prescription drug abuse and overdos e deaths. Partnership members include local physicians, pharmacists, substance abuse treatment and prevention agencies, court judges, law enforcement, the Drug Enforcement Administration, public health, academia, and grassroots organizations.  Post-Disaster Resilience and Recovery Initiative . A collaboration of government, private and civil entities to respond quickly and save lives after an emergency event. This Initiative runs over 75 projects to improve a jurisdiction’s resilience before and after a cata strophic event. The program often partners with organizations not normally involved in emergency planning and response, such as major utility companies.  Cell-ED is a pilot program to provide free English -language training via mobile phones to hundreds of i mmigrants in New York State who may lack regular access to a classroom, a computer, or the internet. Learners will gain access to self -paced audio and text lessons through their personal cell phones. 2. Agriculture and Food Systems – Improving environmental health, economic profitability, and social and economic equity.  Planting urban landscaping with edible fruits and vegetables.  Laser scarecrows are automated robots that can be programmed to sweep lasers at random across areas ranging from 200 acres to more than 3,000 acres.  Weeding robots can accurately detect and remove weeds from the field. Thanks to the robots’ deep learning algorithms and cameras, they can differentiate between weeds and crops. This means that it only sprays herbicides and pesticides where they are needed with precisely how much they need. In addition to reducing pesticide and herbicide use, this innovative agriculture product controls and prevents herbicide -resistant weeds.  Bee vectoring technology uses commercially reared bees to deliver targeted crop controls through pollination. Bees venture from out of their hive to forage and spread trace amounts of biopesticides on their travels, to help host plants by blocking out harmful pathogens.  Digital tools: Mpower can send SMS messages to a lert farmers on favorable conditions for rapid disease development in their fields and when they should apply a treatment to protect their crops. 3. Economic Vitality – Providing education, job training, decent jobs, and viable businesses to reduce the number of people at a poverty level.  Leadership Fayette County provides a mechanism to encourage youth to return home after completion of their higher education. Leadership Fayette County is a year -round program and curriculum that exposes youth to opportunities , people, and agencies within the county, and provides these youth with leadership tools to enhance their college prospects, and upon completion of their higher education, access to the growing local economy and its future opportunities.  Running Start for Careers is a public-private educational pathway for high school students. Unlike traditional approaches to vocational training, Running Start is not bound by campus infrastructure or trades faculty, nor is it the domain of specialty schools or limited to specific industry types. Rather, Running Start gives students direct entry into industry -developed and taught training programs in fields with demonstrated demand, while earning college credit, and can then enter work -and-learn positions the following term . The program addresses high dropout rates and the skills gap by supporting those students who are the most likely to quit school and forfeit job opportunities.  Washington Skilled Worker Awareness Program is created to increase the state’s skilled workforce by raising awareness of, and enrollment in, accredited educational, occupational, state -approved pre -apprenticeship, apprenticeship and similar education and training programs. These programs educate and train individuals to perform skills needed in the workforce and award industry or state recognized certificate, credentials, associate degrees, professional license, or similar evidence of achievement but not including bachelor’s or higher degree.  Muzology. A learning platform that helps students learn algebra concepts with music. 4. Clean & Sustainable (Clean and Green) Environment – Safe food and water, proper waste disposal, clean air, pest control; preventing waste.  Public electric transportation  Cheap home energy storage – thermal batteries  LED light fixtures  Solar Glass is designed to capture and store solar energy and it can do so in large quantities as it can cover large parts of a building. 5. Reliable & Accessible Infrastructure - Modernization, technology, or equity in digital access, cybersecurity and resilience.  The Thingstitute . A first-of-a-kind living laboratory for internet of things (IoT) technology, providing an unparalleled testbed for start -ups, established companies, and research institutions. The Thingstitute designs and operates test bed s to enhance the quality of life for local residents. In 2014, the County launched its first IoT Project, Smart Community Alert Network (SCALE), in NIST’s GCTC. SCALE was envisioned as a testbed to pilot IoT Technology that would help seniors aging in place live independently longer and have easier access to services.  City Net. Santa Monica’s 10 Gigabit Fiber optic network is attracting technology companies by providing affordable and advanced broadband to businesses, and the opportunity to integrate and e fficiently manage data exchanges between business partnerships.  Robotics. Using flexible sensor robots that can be air -deployed into hazardous areas to furnish persistent, ground -level, real -time data. RECOMMENDATION(S): ADOPT Resolution No. 2022/353 approving and authorizing the Public Works Director, or designee, to fully close all of Maple Lane, on November 5, 2022 from 11:00 a.m. through 6:00 p.m., for the purpose of a neighborhood social event, Walnut Creek area. (District II) FISCAL IMPACT: No fiscal impact. BACKGROUND: The Parkmead Community Association (PCA) is requesting that Maple Lane be closed on Saturday, November 5, 2022 from 11:00 a.m. through 6:00 p.m., for the purpose of an annual neighborhood “Chili Cook-Off.” The event shall be conducted in accordance with all Contra Costa County Health Services guidelines. Applicant shall also follow guidelines set forth by the Public Works Department. CONSEQUENCE OF NEGATIVE ACTION: Applicant will be unable to close the road for planned activities. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Bob Hendry (925) 374-2136 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Larry Gossett- Engineering Services, Bob Hendry -Engineering Services, Ronald Lai, Engineering Services, CHP, Sheriff - Patrol Division Commander C. 1 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:October 18, 2022 Contra Costa County Subject:Approve & Authorize to fully close all of Maple Lane, on November 5, 2022 from 11:00 a.m. through 6:00 p.m., Walnut Creek area. AGENDA ATTACHMENTS Resolution No. 2022/353 MINUTES ATTACHMENTS Signed Resolution No. 2022/353 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 10/18/2022 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2022/353 IN THE MATTER OF: Approving and Authorizing the Public Works Director, or designee, to fully close all of Maple Lane, on November 5, 2022 from 11:00 a.m. through 6:00 p.m., for the purpose of a neighborhood social event, Walnut Creek area. (District II) RC22-24 NOW, THEREFORE, BE IT RESOLVED that permission is granted to Parkmead Community Association to fully close Maple Lane, except for emergency traffic, local residents, US Postal Service and garbage trucks, on November 5, 2022 for the period of 11:00 a.m. through 6:00 p.m., subject to the following conditions: 1. Traffic will be detoured via roads identified in a traffic control plan, reviewed by the Public Works Department. Emergency vehicles, residents within the event area and essential services will be allowed access as required. 2. All signing to be in accordance with the California Manual on Uniform Traffic Control Devices. 3. Parkmead Community Association shall comply with the requirements of the Ordinance Code of Contra Costa County. 4. Provide the County with a Certificate of Insurance in the amount of $1,000,000.00 for Comprehensive General Public Liability which names the County as an additional insured prior to permit issuance. 5. Obtain approval for the closure from the Sheriff’s Department, the California Highway Patrol and the Fire District. Contact: Bob Hendry (925) 374-2136 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Larry Gossett- Engineering Services, Bob Hendry -Engineering Services, Ronald Lai, Engineering Services, CHP, Sheriff - Patrol Division Commander RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute the Agreement for Roadway Surface Treatment of Las Lomas Way, between the City of Walnut Creek and Contra Costa County, to reimburse the City in an amount not to exceed $100,000 for the labor, materials and equipment charges related to the roadway surface treatment of Las Lomas Way, effective October 18, 2022, Walnut Creek area. (District IV) FISCAL IMPACT: Contra Costa County will reimburse the City of Walnut Creek for the labor, materials and equipment charges. (100% Local Road Funds) BACKGROUND: The section of Las Lomas Way between the Ygnacio Canal Trail and Las Lomas Place is within the city limits of Walnut Creek and the County as shown on the attached Exhibit A. The Agreement for Roadway Surface Treatment of Las Lomas Way between the Ygnacio Canal Trail and Las Lomas Place will allow the City and County to coordinate efforts to apply a surface treatment on respective portions of Las Lomas Way to ensure a consistent road surface. The City will apply a surface treatment and stripe the roadway using contract forces. The County will reimburse the City for labor, materials and equipment charges. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Chris Lau, (925) 313-7002 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 2 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:October 18, 2022 Contra Costa County Subject:Agreement for Roadway Surface Treatment of Las Lomas Way, Walnut Creek area. (District IV) CONSEQUENCE OF NEGATIVE ACTION: The Roadway Surface Treatment agreement would not be approved and the City would not be responsible for the surface treatment of the County's portion of Las Lomas Way. ATTACHMENTS Roadway Surface Treatment of Las Lomas Way - Agreement Roadway Surface Treatment of Las Lomas Way - Exhibit A AGREEMENT FOR ROADWAY SURFACE TREATMENT OF LAS LOMAS WAY This Agreement for Roadway Surface Treatment of Las Lomas Way, dated _________________, 2022 (this “Agreement”) is made by and between the City of Walnut Creek, a municipal corporation (hereinafter referred to as “City”) and the County of Contra Costa, a political subdiv ision of the State of California (herein referred to as “County”). RECITALS A. Portions of Las Lomas Way are located in County’s jurisdiction and in City’s jurisdiction, as shown on the map attached hereto as Exhibit A and incorporated herein by reference (the “Treatment Area Map”). B. City is applying a surface treatment to the portion of Las Lomas Way in its jurisdiction. This work is tentatively scheduled for Summer 2023. C. County desires that City, at the same time as the surface treatment work in Recital B is performed, apply a surface treatment on County’s portion of Las Lomas Way as shown on the Tre atment Area Map (the “Treatment Area”), and County desires to pay Ci ty therefor. D. City de sires to apply a surface treatme nt on the Treatment Area, and City and County have agreed to enter into this Agreement provi ding therefor. Now therefore, for good and valuable consideration, City and County mutually a gree as follows. AGREEMENT 1. Surface Treatment Work to be Performed . Notwithstanding that the Treatment Area is located within County’s jurisdiction, City shall apply a chip seal, slurry seal, microsurface seal, or other surface treatment in the Treatment Area, which is, i n Ci ty’s sole discre ti on, appropriate to prolong the life and improve the pavement condition of the Treatment Area (the “Surface Treatment”). Except for application of a Surface Treatment, Ci ty shall not make any modifications to the Tr eatment Area without County’s prior written approval. After Ci ty’s application of a Surface Treatment, County shall continue to maintain the Treatment Area by providing routine maintenance work, which may include but not limited to, maintenance of the pav ement (pothole repair), traffic stripings, signage, and drainage facilities as required to ensure satisfactory and safe condition of the Treatment Area. 2. Modification for Additional Work. Should either City or County determine that the Tr eatment Area requires work beyon d the scope of the Surface Treatment set forth in Section 1 of this Agreement, the initiating party shall request in writing such modifica tions and, if agreed to by the parties, a separate agreement between the parties shall be documented prior to any construction of such work. 3. Payments. a. County will reimburse Ci ty one hundred percent (100%) of Ci ty’s costs of performing the Surface Treatment work in the Treatment Area pursuant to this Agreement , which include labor costs, material costs and equipme nt costs from an accounting of actual 2 Agreement For Roadway Maintenance Of Las Lomas Way charges for work in the Treatment Area (“Costs”), provided that County will not reimburse Ci ty for Costs in excess of $100,000.00. b. Billing. At the completion of the Surface Treatment, Ci ty shal l bill County one hundred percent (100%) for Costs incurred performing the Surface Treatment work set forth in Section 1 of this Agreement; provided that County will not reimburse Ci ty for Costs in excess of $100,000.00. Ci ty’s bill ings shall list all road surface treatment work performed and the costs therefor. County shall pay Ci ty within sixty (60) days afte r receipt of the billing from City. 4. Legal Relations and Responsibilities. Nothing in this Agreement is intended to create duties or obligati ons to or rights i n third parties who are not parties to this Agreement or affect the legal liabil ity of either party to this Agreement by imposing any standard of care respecting the maintenance of state highways d iff erent from the standard of care impose d by law. 5. Indemnity; Insurance . a. City Indemnity. To the extent permitted by law, and pursu ant to Government Code Section 895.4, City shall defe nd, with counsel acceptable to County, indemnify and save harmle ss the County and all County officers and employees f rom all claims, suits or acti ons of every name, kind and description brought for or on account of injuries to or death of any person or damage to property resulting from anything done or omitted to be do ne by City and its contractors under or i n connection with any work, authority or jurisdiction delegated to City under this Agreement; provided, however, that City is not required to indemnify County for the proportion of liability a court determines is attri butable to the sole negligence or will ful misconduct of County, its officers or employees. This provision will survive the expiration o r termination of this Agreement. b. County Indemnity. To the extent permitted by law, and p ursuant to Government Code Section 895.4, County shall defend, with counsel acceptable to City, indemnify and save harmless the City and all City officers and emp loyees from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person or damage to prop erty resulting from anything done or omitted to be done by County and its contractors under or in connection with any work, authority or jurisdiction d elegated to County under this Agreement; provided, however, that County is not required to indemnify City for the proportion of liability a court determines is attributable to the sole negligence or will ful misconduct of City, its officers or employees. This provision will survive the expiration or termination of this Agreement. c. Ci ty Contractors’ Insuran ce . Ci ty will require its contractors performing any work in the Treatment Area to name County as an additional insured under the contract between City and the contractor. 6. Notices. All notices to be given under this Agreement will be in writing and s ent by (a) first cl ass mail, postage prepaid, in which case notice will be deemed d elivered three (3) business days 3 Agreement For Roadway Maintenance Of Las Lomas Way after deposit in the United States Mail; (b) a nationally recognized overnight cour ier, in which case notice will be deemed delivered one (1) business day afte r deposit with that courier, or (c) fax, in which case notice wi ll be deemed delivered one (1) b usiness day after the day it was transmitted, provided that a transmission report is ge nerated reflecting the accurate transmission of the no tice. Unless communicated in writing, the place for delivery of all notices given under this Agreement will be as follows 7. Effective Date ; Termination. This Agreement is effective as of the date first set forth above . This Agreement may be terminated at any time for no or any reason by either party upon giving the other party sixty (60) days prior written notice , provide d that County will pay Ci ty for all Costs incurred in performing the Surface Tr eatment work through the date of termination. 8. Integration. This Agreement contains the entire agreement between pa rties and superse des all prior understandings or agreements, oral or written, regard ing the subject matter of this Agreement. 9. Modification. This Agreement may only be modified or amended by the mutual, writte n agreement of both parties. 10. Accountability. Ci ty shall maintain and make available to C ounty complete records of its re ce ipts and disbursement under this Agreement . 11. Governing Law and Venue. This Agreement shall be cons trued and enforced in accordance with the laws of the State o f California. Venue shall lie in the County of Contra Costa. The parties have executed this Agreement as of the date first s et forth above. CONTRA COSTA COUNTY CITY OF WALNUT CREEK By: By: Name: Name : Title: Title: Approved as to form: Ma ry Ann McNett Mason, County Counsel XXX, City Attorney If to City: Heather Ballenger, Public Works Director City of Walnut Creek 1666 N. Main Street Walnut Creek, CA 94596 If to County : Brian M. Balbas, Public Works Director Contra Costa County 255 Glacier Drive Martine z, CA 94553 Fax: (925) 313-2333 4 Agreement For Roadway Maintenance Of Las Lomas Way By: Name: Title : cPubli Works D e p a r t m e n t Costa CountyContra EXHIBIT A Las Lomas Way Treatment Area LEGEND Treatment Area City/County Limits Parcel LinesCITY OF WALNUT CREEKDB: JW CB: CL DATE: JUN 2022 SHEET 1 OF 1CONTRA COSTA COUNTYK:\DESIGN\CADD CURRENT PROJECTS\LAS LOMAS WAY SURFACE TREATMENT\EXHIBIT A.DWG RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute an amendment to right of entry permit (Amendment) with the State of California, Department of Parks and Recreation (State), to pay the State $500.00 for Contra Costa County’s (County) continued use of State-owned property within Assessor’s Parcel Number 007-380-011 for an additional 19 months, through December 14, 2024, for fencing, access, roadway realignment and slope purposes, in connection with the County’s Marsh Creek Road Bridges #28C-0143 & #28C-0145 Replacement Project, Brentwood area. Project No.: 0662-6R4083, Federal No.: BRLS 5928(125). APPROVE payment of $500.00 for Amendment and AUTHORIZE the Auditor-Controller to issue a check in said amount payable to Department of State Parks and Recreation, State Parks Diablo Range District, 15751 Tesla Road, Livermore, CA 94550 to be forwarded to the Real Estate Division for delivery. FISCAL IMPACT: 88.5% Federal Highway Bridge Program Funds and 11.5% Local Road Funds. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Mark apHugh (925) 957-2452 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 3 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:October 18, 2022 Contra Costa County Subject:Amendment to Right of Entry Permit with State Department of Parks & Recreation for the Marsh Creek Road Bridges Replacement Project, Brentwood area. BACKGROUND: Contra Costa County intends to replace two existing bridges (Bridge No. 28C-0143 and Bridge No. 28C-0145) and related roadway approaches on Marsh Creek Road, a County highway, in the Brentwood and Clayton areas of unincorporated Contra Costa County (Project). The Project includes replacing the bridge structures and reconstructing 600 to 1000 feet of road right of way on each side of each new bridge structure to reconnect the realigned bridge to the existing roadway. Project-related work will include drainage and creek work. In connection therewith, the County must acquire interests in certain real property, which consists of a Roadway Easement which is 45,036 square feet in size and a Temporary Construction Easement, which is 113,978 square feet in size. On November 26, 2019, Caltrans approved a National Environmental Policy Act (NEPA) Categorical Exclusion, pursuant to Chapter 3 of Title 23, United States Code, Section 326. Caltrans determined that this project has no significant impacts on the environment as defined by NEPA, and that there are no unusual circumstances as described in 23 CFR 771.117(b). On August 4, 2020, this Board approved the proposed Project and adopted the Mitigated Negative Declaration and Mitigation and Monitoring and Reporting Program pertaining to this Project pursuant to the California Environmental Quality Act (CEQA). A Notice of Determination was filed by the County’s Clerk Recorders Office on August 14, 2020 and posted at the State Clearinghouse on September 2, all in compliance with CEQA. SCH No.: 2020040312/DCD-CP #15-41. On September 21, 2021, this Board approved a Right of Entry Permit authorizing Contra Costa County (County) to use of a portion of State-owned property, identified as Assessor’s Parcel Number 007-380-011, which is necessary for fencing, access, roadway realignment and slope accommodation in connection with the Project. Under the Permit, the County has an irrevocable right of possession for property rights that the County requires to construct the Project. The Permit includes a Temporary Construction Easement (Parcel 5) with a term of approximately 20 months, which terminates May 14, 2023. The Permit also requires the State to grant the County permanent easements that the County requires to maintain the Project. For these rights, the County paid the State $4,095.00. Due to unpredictable circumstances causing the Project's start date to be delayed, it is necessary to amend the Permit to allow the County to continue to use the Temporary Construction Easement for an additional 19 months, from May 14, 2023 through December 14, 2024. For this additional term, the County will pay the State $500.00. Consistent with the requirements of the Permit, the Amendment requires the County to indemnify the State from liabilities that arise from the County’s use of the area under the Permit. The risk to the County can be mitigated by requiring the Project construction contractor to indemnify and defend the County from liabilities that arise during construction. Real Estate staff recommends that the Board approve execution of the Amendment so that the Project construction can proceed as planned. CONSEQUENCE OF NEGATIVE ACTION: Without Board approval, the County will not have sufficient land rights to allow construction of the Project in accordance with the approved plans and specifications. ATTACHMENTS Amendment RECOMMENDATION(S): ADOPT Resolution No. 2022/354 accepting completion of the warranty period for the Subdivision Agreement, and release of cash deposit for faithful performance, subdivision SD14-09389, for a project developed by Laurel Ranch III, LLC, as recommended by the Public Works Director, Concord area. (District IV) FISCAL IMPACT: 100% Developer Fees. BACKGROUND: The public road improvements have met the guaranteed performance standards for the warranty period following completion and acceptance of the improvements. CONSEQUENCE OF NEGATIVE ACTION: The developer will not receive a refund of the cash deposit, the Subdivision Agreement and performance/maintenance surety bond will not be exonerated, and the billing account will not be liquidated and closed. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Larry Gossett (925)313-2016 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Larry Gossett- Engineering Services, Ronald Lai, Engineering Services, Chris Hallford -Mapping , Michael Mann- Finance, Ruben Hernandez - DCD, Laurel Ranch III, LLC, Developers Surety and Indemnity Company C. 4 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:October 18, 2022 Contra Costa County Subject:Accepting completion of warranty period for the Subdivision Agreement for subdivision SD14-09389, Concord area. AGENDA ATTACHMENTS Resolution No. 2022/354 MINUTES ATTACHMENTS Signed Resolution No. 2022/354 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 10/18/2022 by the following vote: AYE:5 John Gioia Candace Andersen Diane Burgis Karen Mitchoff Federal D. Glover NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2022/354 IN MATTER OF: Accepting completion of warranty period for the Subdivision Agreement, and release of cash deposit for faithful performance, for subdivision SD14-09389, for a project developed by Laurel Ranch III, LLC, as recommended by the Public Works Director, Concord area. (District IV) WHEREAS, on October 25, 2022, this Board resolved that the improvements in subdivision SD14-09389 were completed as provided in the Subdivision Agreement with Laurel Ranch III, LLC and now on the recommendation of the Public Works Director; The Board hereby FINDS that the improvements have satisfactorily met the guaranteed performance standards for the period following completion and acceptance. NOW, THEREFORE, BE IT RESOLVED that the Public Works Director is AUTHORIZED to: REFUND the $8,630.00 cash deposit (Auditor’s Deposit Permit No. 786426, dated May 28, 2019) plus interest to Laurel Ranch III, LLC in accordance with Government Code Section 53079, if appropriate, Ordinance Code Section 94-4.406, and the subdivision agreement. BE IT FURTHER RESOLVED that the warranty period has been completed and the Subdivision Agreement and surety bond, Bond No. 706862S, dated May 20, 2019, issued by Developers Surety and Indemnity Company, are EXONERATED. Contact: Larry Gossett (925)313-2016 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Larry Gossett- Engineering Services, Ronald Lai, Engineering Services, Chris Hallford -Mapping , Michael Mann- Finance, Ruben Hernandez - DCD, Laurel Ranch III, LLC, Developers Surety and Indemnity Company RECOMMENDATION(S): Acting as the governing body of the Contra Costa County Flood Control and Water Conservation District (District), APPROVE the conveyance of a Grant of Easement to SFPP, L.P. a Delaware limited partnership (Kinder Morgan), for an approximately 0.626-acre pipeline easement within the District’s Walnut Creek flood channel and AUTHORIZE the Chair, Board of Supervisors, to execute on behalf of the District, the Grant of Easement in connection with the Kinder Morgan Pipeline Remediation Project (Project), pursuant to Contra Costa County Flood Control and Water Conservation District Act, Section 31. (Project No. WL72RP FCP 619-16) [CP#16-42] DETERMINE that the conveyance of the easement to Kinder Morgan, a pipeline utility, is in the public interest and will not substantially conflict or interfere with the District’s use of its Walnut Creek flood control channel for the purpose for which it was acquired. DETERMINE that the activity will not have a significant effect on the environment and is not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b)(3) of the CEQA Guidelines. DIRECT the Director of the Department of Conservation and Development, or designee, to file a CEQA Notice of Exemption with the County Clerk. AUTHORIZE the Public Works Director, or designee, to arrange for the payment of a $25 fee to the Department of Conservation and Development for processing, and a $50 fee to the County Clerk for filing the Notice of Exemption. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Olivia D. Reynolds-Freeman, 925.957.2462 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 5 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:October 18, 2022 Contra Costa County Subject:Convey Grant of Easement to SFPP, L.P., in connection with the Kinder Morgan Pipeline Remediation Project. RECOMMENDATION(S): (CONT'D) DIRECT the Real Estate Division of the Public Works Department to have the above referenced Grant of Easement recorded in the Office of the County Clerk-Recorder and to deliver a copy of the recorded Grant of Easement along with a certified copy of the board order to Kinder Morgan. FISCAL IMPACT: 100% Permit Applicant Fees BACKGROUND: Kinder Morgan will decommission in place an existing 8-inch pipeline known as Line Section 72 (L.S. 72) across Walnut Creek and will install a replacement 8-inch pipeline using the Horizontal Directional Drill (HDD) method to minimize environmental impacts. The first phase of construction is the installation of the replacement 8-inch pipeline and decommissioning of the existing L.S. 72 pipeline. The second phase of construction is the remediation plan for the decommissioned pipeline. The District has asked Kinder Morgan to remove the pipeline from its properties within two weeks from the installation and operation of the replacement pipeline. The replacement 8-inch pipeline is located outside of Kinder Morgan’s existing easement at Walnut Creek thus they need a new easement for the new pipeline crossing that will be located approximately 20 feet north of its current location. The new section of 8-inch pipeline will be approximately 1,000 feet in length and the overall HDD depths will be a minimum of 35 feet deep under Walnut Creek to minimize potential drilling fluids from escaping into the channel. Staging areas are included in the work areas described above and located on both the west and east side of Walnut Creek. No work is being proposed to occur within the banks, bed or wetlands association with Walnut Creek. (CP# 16-42) Kinder Morgan is a pipeline utility. District staff have determined that the conveyance of this easement to Kinder Morgan is in the public interest and will not substantially conflict or interfere with the use of the District’s property for flood control purposes. Indeed, the construction methods will not affect banks, beds, or wetlands, or the flood control capacity of the channel. Public Works Environmental staff have determined that the conveyance of the easement is exempt from the California Environmental Quality Act for the reasons described in the attached CEQA notice of exemption. Flood Control staff recommend that the Board approve the conveyance of this easement to Kinder Morgan. CONSEQUENCE OF NEGATIVE ACTION: Kinder Morgan will not have the necessary property rights to remove the existing 8-inch L.S. 72 line and place a new L.S. 72 line within the new easement area. ATTACHMENTS Grant of Easement CEQA Notice of Exemption RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to cause the attached Notice of Intention (“NOI”) to assign a storm drain easement to the City of Oakley to be published in the East Bay Times, pursuant to Government Code Sections 6061 and 25365. DECLARE that this Board will meet on November 1, 2022, at 9:00 a.m. or thereafter, in the Board’s Chambers, County Administration Building 1025 Escobar Street, Martinez, California, to consummate the conveyance. DIRECT the Real Estate Division of the Public Works Department to publish the attached NOI in a newspaper published in the County pursuant to Government Code Section 6061. FISCAL IMPACT: 100% Developer Funds (FS20-00206) BACKGROUND: In 1993, the County was granted a 14,364 square foot easement for storm drain purposes (document 19124 OR 158 ((93-310924)) from a private property owner along a portion of APN 041-100-004 in the City of Oakley (City). Since the original granting of the easement the property APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Olivia D. Reynolds-Freeman, 925-957-2462 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 6 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:October 18, 2022 Contra Costa County Subject:APPROVE Notice of Intention to assign a storm drain easement to the City of Oakley. (CP# 20-14) Project No. WL83PV FS20-00206. BACKGROUND: (CONT'D) has been subdivided and developed and the easement now runs along the easterly property line of APN 041-100-035 from Oakley Road to Thomas Drive in Oakley. The easement should have been assigned to the City in 1999 upon its incorporation but was overlooked. The City assumed maintenance responsibility of the storm drain line in 2006 upon signing a Drainage Fee Collection, Right of Way, and Maintenance Agreement with the Flood Control District. The City accepted all offers of dedication, including the storm drain easement as part of the Final Map for Subdivision 9507, The Vines at Oakley in September 2021. Therefore, there is a duplicate easement upon an already existing easement. The County does not require the easement any longer. CONSEQUENCE OF NEGATIVE ACTION: The County will maintain an interest in an easement that is no longer necessary to them, nor the Flood Control District and they have not been required to maintain since 2006. ATTACHMENTS Notice of Intention RECOMMENDATION(S): RECEIVE this report concerning the final settlement of Maria Villasenor and AUTHORIZE payment from the Workers' Compensation Internal Service Fund in an amount not to exceed $132,500.00, less permanent disability advances. FISCAL IMPACT: Workers' Compensation Internal Service Fund payment of $132,500.00, less permanent disability advances. BACKGROUND: Attorney Suzanne M. Aboujudom, defense counsel for the County, has advised the County Administrator that within authorization an agreement has been reached settling the workers' compensation claim of Maria Villasenor v. Contra Costa County. The Board's October 4, 2022 closed session vote was: Supervisors Gioia, Andersen, Burgis, Mitchoff and Glover - Yes. This action is taken so that the terms of this final settlement and the earlier October 4, 2022 closed session vote of this Board authorizing its negotiated settlement are known publicly. CONSEQUENCE OF NEGATIVE ACTION: Case will not be settled. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Karen Caoile 925-335-1400 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Antonia Welty, Deputy cc: C. 7 To:Board of Supervisors From:Karen Caoile, Director of Risk Management Date:October 18, 2022 Contra Costa County Subject:Settlement of Claim, Maria Villasenor vs. Contra Costa County RECOMMENDATION(S): DENY claims filed by Robert and Anita Moncada and Roy Allen Spaulding. FISCAL IMPACT: No fiscal impact. BACKGROUND: Robert & Anita Moncada: Property claim for damage to retaining wall in the amount of $1,800. Roy Allen Spaulding: Property claim for damage to windshield in the amount of $498.83. CONSEQUENCE OF NEGATIVE ACTION: Not acting on the claims could extend the claimants’ time limits to file actions against the County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Risk Management I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Antonia Welty, Deputy cc: C. 8 To:Board of Supervisors From:Monica Nino, County Administrator Date:October 18, 2022 Contra Costa County Subject:Claims RECOMMENDATION(S): APPROVE and AUTHORIZE the Conservation and Development Director, or designee, to enter into a tolling agreement amendment with Discovery Builders, Inc., and affiliated entities, and with Pacific West Communities, to toll the limitations period for potential litigation related to the May 24, 2022 approval of the Master Development Agreement and the Disposition and Development Agreement between the County and Pacific West Communities for the development of Ambrose Village/Orbisonia Heights, through January 28, 2023. FISCAL IMPACT: None BACKGROUND: On May 24, 2022, the Board of Supervisors approved (i) a Master Development Agreement (MDA) between the County and Pacific West Communities, Inc., for the development of approximately seven acres of County-owned property located between State Route 4, Bailey Road, East Leland and Ambrose Park in the unincorporated area of Bay Point with 384 multi-family residential rental units, a County-owned library and approximately 11,558 sq. ft. of commercial retail space in three phases, and (ii) a Disposition Development and Loan Agreement (DDLA), between the County and Pacific West Communities, Inc. or an affiliated limited liability company (the Borrower), for the sale of approximately 3.3 acres of the Property (Site A) for the development of 150 residential rental units and an approximately 20,000 square-foot library as the first phase of the development and the loan of $1,796,875 to the Borrower. On May 24, 2022, a California Environmental Quality Act (CEQA) notice of exemption was filed for the project. Discovery Builders, Inc., and affiliated entities are property owners in the vicinity of the project site and have expressed concern about public safety. These parties are engaged in discussions with County staff and Pacific West Communities to try to resolve their concerns without incurring the cost and expense of litigation. The Board approved a tolling agreement on June 21, 2022 to toll (suspend), for 30 days, the statutory limitations period for filing a CEQA lawsuit against the County to July 28, 2022. On July 26, 2022, the Board approved an amendment extending the agreement through October 28, 2022. The purpose of the tolling agreement amendment is to allow the discussions among the parties to continue. The amendment would toll the statutory limitations period to January 28, 2023. Without the amending the tolling agreement, the statute of limitations for filing a CEQA lawsuit would expire on October 28, 2022. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Maureen Toms, 925-655-2895 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Antonia Welty, Deputy cc: C. 9 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:October 18, 2022 Contra Costa County Subject:Tolling Agreement-Discover Builders RECOMMENDATION(S): ADOPT Resolution No. 2022/346 proclaiming the week of October 22-29, 2022 as “California Flood Preparedness Week” in Contra Costa County, as recommended by the Public Works Director, Countywide. FISCAL IMPACT: No fiscal impact. BACKGROUND: On October 5, 2021, the Board declared “California Flood Preparedness Week” on October 23-30, 2021. This year, the State has declared “California Flood Preparedness Week” to be on October 22-29, 2022. The County would join federal, state, and other local agencies during Flood Preparedness week in raising awareness of flood risk in California and reminding Californians that climate change impacts, recent wildfires, and extreme weather events make it more important than ever for Californians to be flood ready. Floods after fire present greater risk to communities and homes downslope of burn areas because the ground cannot absorb the water. Instead, rain hits slick, charred hillsides and picks up ash, topsoil, and debris as it moves downhill. Flash flooding, mudflows, and debris flows happen quickly, so it is critical people and communities living downslope of a burn area are prepared. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Larry Gossett, 925.313.2016 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Antonia Welty, Deputy cc: Monica Nino, CAO, Susan Shui, CCTV, Carrie Ricci, PWD, Jocelyn LaRocque- Engineering Services, Larry Gossett- Engineering Services, Joshua Laranang- Engineering Services C. 10 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:October 18, 2022 Contra Costa County Subject:PROCLAIM the week of October 22-29, 2022 as “California Flood Preparedness Week” in Contra Costa County. BACKGROUND: (CONT'D) As part of the Unincorporated County Floodplain Management Program administered by the Public Works Department, Public Works would like to provide information about the Unincorporated Contra Costa County Floodplain Program and resources on flood risk and preparedness. This information is also available through the California Department of Water Resources, specifically the Flood Preparedness website, which provides links to additional information from such agencies as the Federal Emergency Management Agency and the National Flood Insurance Program. CONSEQUENCE OF NEGATIVE ACTION: Contra Costa County will not declare that week as the Statewide California Flood Preparedness Week. AGENDA ATTACHMENTS Resolution No. 2022/346 MINUTES ATTACHMENTS Signed Resolution No. 2022/346 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA and for Special Districts, Agencies and Authorities Governed by the Board Adopted this Resolution on 10/18/2022 by the following vote: AYE: NO: ABSENT: ABSTAIN: RECUSE: Resolution No. 2022/346 IN THE MATTER OF: Recognizing California Flood Preparedness Week October 22-29, 2022. WHEREAS the County of Contra Costa recognizes the significant public safety threat flooding poses to the population, assets, and economy of our County; and WHEREAS the floodplain management program services provided in our community are an integral part of our citizens’ everyday lives; and WHEREAS the support and understanding of an informed citizenry is vital to the efficient administration of the Unincorporated Contra Costa County Floodplain Program; and WHEREAS the health and safety of this community greatly depend on the administration of this program; and WHEREAS during the California Flood Preparedness Week, local, state, and federal agencies across the state work together to inform the public about the dangers of flooding, how to prepare their homes and families for a flood, and plan for recovery; and WHEREAS climate change impacts, recent wildfires, and extreme weather events make it more important than ever for Californians to be flood ready; and WHEREAS California Flood Preparedness Week 2022 will be held statewide during the week of October 22-29, 2022; and WHEREAS the theme for California Flood Preparedness Week 2022 will be “Be Aware, Be Prepared, and Take Action!” NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of Contra Costa County does hereby recognize October 22-29, 2022 as CALIFORNIA FLOOD PREPAREDNESS WEEK, support public awareness of flood risk, and encourages County residents to take action to understand their flood risk and prepare appropriately. Contact: Larry Gossett, 925.313.2016 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: Monica Nino, CAO, Susan Shui, CCTV, Carrie Ricci, PWD, Jocelyn LaRocque- Engineering Services, Larry Gossett- Engineering Services, Joshua Laranang- Engineering Services APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Gayle Israel - (925) 655-2300 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Antonia Welty, Deputy cc: C. 11 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:October 18, 2022 Contra Costa County Subject:METASTATIC BREAST CANCER AWARENESS DAY – OCTOBER 13, 2022 AND BREAST CANCER AWARENESS MONTH – OCTOBER 2022 AGENDA ATTACHMENTS Resolution 2022/364 MINUTES ATTACHMENTS Signed Resolution No. 2022/364 In the matter of:Resolution No. 2022/364 In the matter of proclaiming the month of October 2022 Breast Cancer Awareness and October 13, 2022 as Metastatic Breast Cancer Awareness Day WHEREAS, Each year, 200,000 Americans are diagnosed with breast cancer. Six to ten percent of these diagnoses are metastatic, or stage 4. Another 30% progress from stages 0, 1, 2 and 3 to stage 4 – sometimes immediately or sometimes later in their life; and WHEREAS, According to the American Cancer Society, with the exception of skin cancer, breast cancer is the most commonly diagnosed cancer among American women; and WHEREAS, About one in eight women in the United States will develop invasive breast cancer over the course of their lifetime; and WHEREAS, It is estimated that 287,850 new cases of invasive breast cancer will be diagnosed in women in the United States in 2022; and WHEREAS, Breast cancer is second only to lung cancer as the leading cause of cancer-related deaths among women; and WHEREAS, It is estimated that about 43,250 women in the United States will die from breast cancer in 2022; and WHEREAS, The 5-year survival for breast cancer is much higher when diagnosed at an early localized stage, approaching 99%; and WHEREAS, Individuals who are uninsured or underinsured, are older, have a lower socioeconomic status, are from communities of color, or lack a usual source of care are less likely to be regularly screened for breast cancer and, therefore, more likely to be diagnosed at a late stage when chances of survival drop significantly. African-American women at every age are more likely to die from breast cancer; and WHEREAS, From 2015-2019, there were 4,868 cases and 694 deaths caused by breast cancer in Contra Costa County; and WHEREAS, From 2015-2019, in Contra Costa County, Non-Hispanic White women were diagnosed with invasive breast cancer at a higher rate than the county as a whole; and WHEREAS, The risk of getting breast cancer increases with age until the 7 th decade; and WHEREAS, Earlier detection of breast cancer through mammography increases chances of successful treatment; and WHEREAS, Mammography is the single most effective method of detecting breast changes that may be cancer, long before physical symptoms, detectable lumps, or abnormalities can be felt; and WHEREAS, Medical professionals are still learning why cancer metastasizes, and we don’t yet have an effective treatment to arrest metastatic growth, and that almost 40,000 men and women die from a diagnosis of Stage 4 breast cancer each year; and WHEREAS, The median survival rate of two-three years for metastatic breast cancer has not changed significantly in decades; and WHEREAS, The organization METAvivor is fighting to change these statistics. METAvivor's research mission is two-fold: to increase awareness about the funding discrepancy that shortchanges metastatic research in the cancer world, and to directly fund research that is currently lacking. With the primary goal of extending life and ending death from metastatic breast cancer, METAvivor awards grants for research projects that have the potential to shift metastatic breast cancer from a terminal disease to a chronic condition with a decent quality of life; and WHEREAS, October 13 is recognized as the official Metastatic Breast Cancer Awareness Day. This is done to shine a light on metastatic breast cancer, the most advanced stage of breast cancer, where the cancer has spread from the breast to other parts of the body; and WHEREAS, The Pink ribbon is well-known for representing the fight against breast cancer but may not encapsulate the metastatic breast cancer experience. METAvivor designed a base ribbon of green and teal with a thin pink ribbon overlay. The base ribbon of green and teal represents green for the triumph of spring over winter, life over death, renewal, hope, and immortality; teal symbolizes healing and spirituality; and pink to signify the metastatic cancer originated in the breast; and WHEREAS An estimated 41% of US adults have delayed or avoided medical care because of the pandemic, leading to a substantial decline in cancer screening. A recent UCSD study showed a decrease in people diagnosed with early- stage breast cancer and an increase in those diagnosed with advanced cases in 2020 and the first half of this year when compared to 2019, possibly due in part to patients putting off routine health screenings because of the pandemic. The American Cancer Society is mobilizing a nationwide return-to-screening effort to lessen the negative impacts the pandemic is having on opportunities for individuals to find cancer early when it might be easier to treat; and WHEREAS, it is in the best interest of all Californians to join this continuing battle against breast cancer including metastatic breast cancer by promoting greater awareness of the need for early detection, appropriate treatment, and the importance of funding research for extending life and finding a cure, as well as a means of prevention; and NOW, THEREFORE, BE IT RESOLVED, that the County of Contra Costa hereby proclaims October 13 as Metastatic Breast Cancer Awareness Day and October 2021 as Breast Cancer Awareness Month in the County of Contra Costa BE IT FURTHER RESOLVED, that the County of Contra Costa joins with our local hospitals and health care organizations to honor all Breast Cancer survivors for their strength, courage, and determination; and to honor and remember those who courageously fought but lost their lives to Breast Cancer; and BE IT FURTHER RESOLVED, That the County of Contra Costa applauds the hard work of METAvivor Research and Support, Inc. to fund research, raise awareness, advocate for, and provide information and support to people living with metastatic breast cancer. ___________________ KAREN MITCHOFF Chair, District IV Supervisor ______________________________________ JOHN GIOIA CANDACE ANDERSEN District I Supervisor District II Supervisor ______________________________________ DIANE BURGIS FEDERAL D. GLOVER District III Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator By: ____________________________________, Deputy APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 9256552300 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Antonia Welty, Deputy cc: C. 12 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:October 18, 2022 Contra Costa County Subject:Resolution recognizing Vince Dell'Aquilla as the 2022 Orinda Citizen of the Year. AGENDA ATTACHMENTS Resolution 2022/370 MINUTES ATTACHMENTS Signed Resolution No. 2022/370 In the matter of:Resolution No. 2022/370 recognizing Vince Dell'Aquila as the 2022 Orinda Citizen of the Year. Whereas, Vince Dell’Aquila, long-time Orinda resident and former Miramonte football coach, baseball coach, Athletic Director and P.E. teacher has spent most of his life volunteering and giving back to the community; and Whereas, Vince moved to Orinda in 1989, along with his wife Kathie, two daughters and one son; and Whereas, volunteering runs deep in his family, both daughters and his son have modeled their volunteering efforts in their father's footsteps; and Whereas, Vince has always been an eternal optimist, finding the best in everyone and treating them equally, his ability to listen with empathy has served him well when resolving issues or making decisions that impact others; and Whereas, After decades of community service, Vince continues to give back to Orinda. Now therefore be it resolved, that the Board of Supervisors of Contra Costa County does hereby honor Vince Dell’Aquila for his dedication to the residents of Orinda. ___________________ KAREN MITCHOFF Chair, District IV Supervisor ______________________________________ JOHN GIOIA CANDACE ANDERSEN District I Supervisor District II Supervisor ______________________________________ DIANE BURGIS FEDERAL D. GLOVER District III Supervisor District V Supervisor I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator By: ____________________________________, Deputy RECOMMENDATION(S): INTRODUCE Ordinance No. 2022-35, adopting the 2022 California Building Code, the 2022 California Residential Code, the 2022 California Green Building Standards Code, the 2022 California Energy Code, the 2022 California Electrical Code, the 2022 California Plumbing Code, the 2022 California Mechanical Code, and the 2022 Existing Building Code, with changes, additions, and deletions, WAIVE reading and FIX November 8, 2022 at 9:30 a.m. for a public hearing to consider adoption of the ordinance and adoption of findings of local conditions to justify construction standards stricter than those imposed by Health and Safety Code section 19180 et. seq. 1. DIRECT the Clerk of the Board to publish notice of the hearing pursuant to Government Code section 6066.2. AUTHORIZE the preparation of an ordinance summary by County Counsel and the publication of the summary in accordance with Government Code section 25124, and DIRECT the Clerk of the Board of Supervisors to post a copy of the full text of proposed ordinance in the office of the Clerk of the Board. 3. FISCAL IMPACT: None BACKGROUND: The California Building Standards Commission has adopted the 2022 California Building Standards Code (CBSC), replacing the 2019 CBSC. The CBSC includes the California Building, Residential, Electrical, Plumbing, Mechanical, Green Building Standards, Fire, Energy, Historical Building, and Existing Building Codes. These statewide codes will be effective January 1, 2023. The Department of Conservation and Development is responsible for enforcing the CBSC within the unincorporated area of Contra Costa County. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jason Crapo, 925-655-2800 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 13 To:Board of Supervisors From:Jason Crapo, County Building Official Date:October 18, 2022 Contra Costa County Subject:Introduce Ordinance No. 2022-35, adopting the 2022 California Building Standard Codes BACKGROUND: (CONT'D) Although these codes apply statewide, Health and Safety Code sections 17958.5 and 18941.5 authorize a local jurisdiction to modify or change these codes and establish more restrictive building standards if the local jurisdiction finds that the changes and modifications are reasonably necessary because of local climatic, geological, topographical or environmental conditions. The attached proposed ordinance would adopt the statewide codes and amend them to address local conditions. The proposed Ordinance No. 2022-35 amends the statewide codes due to local climatic, geographical, topographical, and environmental conditions. These conditions are described in the attached Findings. The following are the substantive changes to the 2022 California Building Standards Code: Modifications to the 2022 California Building Code Require the installation of a hard-wired smoke detector in existing flat roof buildings when a pitched roof is added on top of the existing flat roof, and the solid sheathing of the flat roof is not removed. This amendment is the same as the local amendment made to the previous statewide code. Require more reinforcing in some building foundations to better withstand seismic forces found in this region of California. This amendment is the same as the local amendment made to the previous statewide code. Modifications to the 2022 California Residential Code Prohibits the use of gypsum wallboard as seismic bracing. Restrict the use of Portland Cement Plaster as seismic bracing to single-story single- and two-family dwellings and accessory structures. Modifications to the 2022 California Green Building Standards Code The electric vehicle charging station (EVCS) Requirements in the statewide code for new multi-family buildings now meet or exceed the local amendments made to the previous statewide code with the substantive exceptions noted below. The statewide code does not require fully-functional EVCS for new multi-family dwellings, hotels, and motels when fewer than 20 dwelling units, sleeping units, or guest rooms exist. The statewide code requires that 10 percent and 25 percent of the total number of parking spaces be "EV Capable" or "EV Ready" respectively. These spaces are equipped with the electrical conduit and other associated electrical infrastructure to support he future installation of electric vehicle charging devices. The ordinance would require that in addition to the statewide requirements as noted above, an additional 5 percent of the total number of parking spaces be equipped with fully-functional electric vehicle charging equipment. This would match the statewide code requirements for multi-family dwellings with 20 or more units and aligns with the Board's prior decision not to exempt smaller multi-family dwellings from the requirement to have fully-functional charging stations. This amendment would impose a stricter standard than that included in the statewide code, and the number of fully operational electric vehicle charging stations is consistent with the current policy previously adopted by the Board. The electric vehicle charging station (EVCS) requirements in the statewide code for new non-residential buildings now meet or exceed the local amendments made to the previous statewide code with the substantive exceptions noted below. The statewide code requires that building sites include spaces for both future "EV Capable" spaces that are equipped with the electrical conduit and other associated electrical infrastructure to support the future installation of electric vehicle charging devices and fully-functional EVCS, however the number of fully-functional EVCS spaces required by the statewide code is generally limited to 4-5 percent of the total number of parking spaces. The ordinance would amend the number of fully-functional EVCS spaces required to a minimum of 6 percent of the total number of parking spaces, which maintains requirements previously adopted by the Board. This amendment would impose a stricter standard than that included in the statewide code and the number of fully operational electric vehicle charging stations is consistent with the current policy previously adopted by the Board. The statewide code does not require fully-functional EVCS where the total number of parking spaces provided is fewer than 26. The ordinance would require a proportional number of fully-functional EVCS spaces where the number of parking spaces is 10 or more, which is the threshold previously adopted by the Board. This amendment would impose a stricter standard than that included in the statewide code, and the number of fully operational electric vehicle charging stations is consistent with the current policy previously adopted by the Board. More restrictive construction waste reduction, disposal, and recycling standards consistent with those presently enforced in the County, including: Apply construction waste management requirements in the statewide code to certain projects for existing residential buildings, including: Projects that increase the total combined conditioned and unconditioned building area by 5,000 square feet or more. Projects that impact 5,000 square feet or more of the total combined conditioned and unconditioned building area. Demolition projects when a demolition permit is required, except demolition projects that are necessary to abate a public nuisance. Delete the exception from construction waste management requirements for projects solely based on their isolated location from diversion facilities. Require measuring and documentation of all generated debris to ensure that at least 65% is diverted from landfills. These amendments are the same local amendments made to the previous statewide code. Modifications to the 2022 California Energy Code Require that all newly constructed residential, detached accessory dwelling unit, hotel, office, and retail type buildings that do not have vested rights before June 2, 2022 be all-electric buildings. An all-electric building is defined as a building that has no natural gas or propane plumbing within the building, and that uses electricity as the sole source of energy for its space heating, water heating, cooking appliances and clothes drying appliances. This amendment would impose a stricter standard than that included in the statewide code as the statewide code has no requirement for all-electric buildings. This amendment is consistent with the current policy previously adopted by the Board. Modifications to the 2022 California Existing Building Code The amendment to the 2022 California Existing Building Code are not substantive in nature and are limited to the administrative provision for the use of and enforcement of this Code and to be consistent with the administrative provision of the other statewide codes as amended. The proposed Ordinance No. 2022-35 also contains amendments to Division 718 - Miscellaneous Provisions of the Contra Costa County Ordinance code. The following are the substantive changes to the Ordinance Code: Modifications to the Contra Costa County Ordinance Chapter 718-4 (Pools) Delete Chapter 71804 - SWIMMING POOLS. This chapter (originally adopted as ordinance 84-33) contains safety measures for swimming pools that have been superseded by more comprehensive safety measures now prescribed by the statewide code. Since the passage of California Health and Safety Code 115922 in 2007, the Building Inspection Division has enforced the more comprehensive California regulations. Deleting this chapter will remove conflicting provisions. Modifications to the Contra Costa County Ordinance Chapter 718-6 (Residential Sprinklers) Delete Chapter 718-6 - RESIDENTIAL SPRINKLER SYSTEM OPTION. This chapter (originally passed as ordinance 87-43) requires that sellers of new one-family dwellings or duplexes provide prospective buyers the opportunity and option to have residential fire sprinkler systems installed during construction. Since 2011, the statewide code has mandated that new one-family dwellings and duplexes contain fire sprinklers, with exceptions for ADU's. The Building Inspection Division has enforced the more restrictive mandatory fire sprinkler requirements contained in the statewide code. ATTACHMENTS Findings Ordinance No. 2022-35_Adoption of 2022 Building Code FINDINGS FOR ORDINANCE NO. 2022-35 1 CONTRA COSTA COUNTY FINDINGS IN SUPPORT OF CHANGES, ADDITIONS, AND DELETIONS TO STATEWIDE BUILDING STANDARDS CODE The California Building Standards Commission has adopted and published the 2022 Building Standards Code, which is comprised of the 2022 California Building, Residential, Green Building Standards, Energy, Electrical, Plumbing, Mechanical, and Existing Building Codes. These codes are enforced in Contra Costa County by the Building Inspection Division of the Department of Conservation and Development. Although these codes apply statewide, Health and Safety Code sections 17958.5 and 18941.5 authorize a local jurisdiction to modify or change these codes and establish more restrictive building standards if the jurisdiction finds that the modifications and changes are reasonably necessary because of local climatic, geological, or topographical conditions. For amendments to the California Green Building Standards Code, local climatic, geological, and topographical conditions include local environmental conditions. Ordinance No. 2022-35 adopts the statewide codes and amends them to address local conditions. Pursuant to Health and Safety Code section 17958.7, the Contra Costa County Board of Supervisors finds that the more restrictive standards contained in Ordinance No. 2022- 35 are reasonably necessary because of the local climatic, geological, and topographic conditions that are described below. I. Local Conditions A. Geological and Topographic 1. Seismicity (a) Conditions Contra Costa County is located in Seismic Design Categories D and E, which designates very high risk for earthquakes. Buildings and other structures in these zones can experience major seismic damage. Contra Costa County is near numerous earthquake faults including the San Andreas Fault, and all or portions of the Hayward, Calaveras, Concord, Antioch, Mt. Diablo, and other lesser faults. A 4.1 earthquake with its epicenter in Concord occurred in 1958, and a 5.4 earthquake with its epicenter also in Concord occurred in 1955. The Concord and Antioch faults have a potential for a Richter 6 earthquake and the Hayward and Calaveras faults have the potential for a Richter 7 earthquake. Minor tremblers from seismic activity are not uncommon in the area. A study released in 2015 by the Working Group of California Earthquake Probabilities predicts that for FINDINGS FOR ORDINANCE NO. 2022-35 2 the San Francisco region, the 30-year likelihood of one or more earthquake of 6.7 or larger magnitude is 72%. The purpose of this Working Group is to develop statewide, time-dependent Earthquake Rupture Forecasts for California that use best available science, and are endorsed by the United States Geological Survey, the Southern California Earthquake Center, and the California Geological Survey. Scientists, therefore, believe that an earthquake of a magnitude 6.7 or larger is now slightly more than twice as likely to occur as to not occur in, approximately, the next 30 years. Interstates 680, 80, 580 and State Route 4 run throughout Contra Costa County. These interstates and state route divide the County into west, south, north and east areas. An overpass or undercrossing collapse would significantly alter the response route and time for responding emergency equipment. Earthquakes of the magnitude noted above could cause major damage to electrical transmission facilities and to gas and electrical lines in buildings, causing disruption and starting fires throughout the County. (b) Impact A major earthquake could severely restrict the response of Contra Costa County Fire Districts and their capability to control fires. When buildings not equipped with earthquake structural support move off their foundations, gas pipes may rupture. Fires may develop from line ruptures and spread from house to house, causing an extreme demand for fire protection resources. The proximity of large areas within the County to fault traces necessitates adopting stricter structural construction standards. 2. Soils (a) Conditions The area is replete with various soils, many of which are expansive. Many areas have landslide prone soils and some areas are potentially liquefiable during severe seismic shaking. Throughout Contra Costa County, the topography and development growth has created a network of older, narrow roads. These roads vary from gravel to asphalt surface and vary in percent of slope, many exceeding 20%. Several of these roads extend up through the winding passageways in the hills providing access to remote, affluent housing subdivisions. The majority of these roads are private with no established maintenance program. During inclement weather, these roads are subject to rock and mudslides, as well as downed trees, obstructing all vehicle traffic. It is anticipated FINDINGS FOR ORDINANCE NO. 2022-35 3 that during an earthquake, several of these roads would be unpassable preventing fire protection resources from reaching fires caused by gas line ruptures or other sources. 3. Topographic (a) Conditions i) Vegetation Highly combustible dry grass, weeds, and brush are common in the hilly and open space areas adjacent to built-up locations 6 to 8 months of each year. Many of these areas frequently experience wildland fires, which threaten nearby buildings, particularly those with wood roofs, or sidings. This condition can be found throughout Contra Costa County, especially in those developed and developing areas of the County. Earthquake gas fires due to gas line ruptures can ignite grasslands and stress fire district resources. ii) Surface Features The arrangement and location of natural and manmade surface features, including hills, creeks, canals, freeways, housing tracts, commercial development, fire stations, streets, and roads, combine to limit feasible response routes for Fire District resources in and to District areas. iii) Buildings, Landscaping, and Terrain Many of the newer large buildings and building complexes have building access and landscaping features and designs, which preclude or greatly limit any approach or operational access to them by Fire District vehicles. In addition, the presence of security gates and roads of inadequate width and grades that are too steep for Fire District vehicles adversely affect fire suppression efforts. When Fire District vehicles cannot gain access to buildings involved with fire, the potential for complete loss is realized. Difficulty reaching a fire site often requires that fire personnel both in numbers and in stamina. Access problems often result in severely delaying, misdirecting or making impossible fire and smoke control efforts. In existing structures where pitched roofs have been built over an existing roof, smoke detectors should be required to warn residents of smoke and fire before the arrival of fire personnel. (b) Impact The above local geological and topographical conditions increase the magnitude, exposure, accessibility problems, and fire hazards presented to the County fire resources. Fire following an earthquake has the potential of causing greater loss of life FINDINGS FOR ORDINANCE NO. 2022-35 4 and damage than the earthquake itself. Most earthquake fires are caused by natural gas line ruptures. Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number, should a significant seismic event occur. Public safety resources would have to be prioritized to mitigate the greatest threat and may be unavailable for smaller single dwellings that affected or threatened by broken gas lines. Other variables may intensify the situation: 1. The extent of damage to the water system 2. The extent of isolation due to bridge and/or freeway overpass collapse. 3. The extent of roadway damage and/or amount of debris blocking the roadways. 4. Climatic condition (hot, dry weather with high winds). 5. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours. 6. The availability of timely mutual aid or military assistance. 7. The large portion of dwellings with wood shake or shingle coverings (both on the roof diaphragm and sides of the dwellings) could result in conflagrations. 8. The large number of dwellings that slip off their foundations and rupture gas lines and electrical systems resulting in further conflagrations. More restrictive electric vehicle charging standards, construction and demolition waste recovery requirements, and building electrification requirements would not impact the availability of the County’s fire or public safety resources. B. Climatic 1. Precipitation and Relative Humidity (a) Conditions Precipitation ranges from 15 to 24 inches per year with an average of approximately 20 inches per year. 96% of precipitation falls during the months of October through April, and 4% from May through September. May through September is a dry 5-month period each year. Additionally, the area is subject to occasional drought. Relative humidity remains in the middle range most of the time. It ranges from 45 to 65% during spring, summer, and fall, and from 60 to 90% in the winter. It occasionally falls as low as 15%. (b) Impact FINDINGS FOR ORDINANCE NO. 2022-35 5 Locally experienced dry periods cause extreme dryness of untreated wood shakes and shingles on buildings and non-irrigated grass, brush and weeds, which are often near buildings with wood roofs and sidings. Such dryness causes these materials to ignite very readily and burn rapidly and intensely. Gas fires due to gas line ruptures can also spark and engulf a single-family residence during these dry periods. Because of dryness, a rapidly burning gas fire or exterior building fine can quickly transfer to other buildings by means of radiation or flying brands, sparks or embers. A small fire can rapidly grow to a magnitude beyond the control capabilities of the Fire District resulting in an excessive fire loss. 2. Greenhouse Gas Emissions (a) Conditions The California Air Resources Board has collected information on emissions from air pollution sources since 1969. This information is periodically compiled by State and local air pollution control agencies to create regional and statewide greenhouse gas emissions inventories. The California greenhouse gas emissions inventory maintains information on various air pollution sources and identifies “transportation” (all on-road vehicles such as automobiles and trucks, and off-road vehicles such as trains, ships, aircraft, and farm equipment) as a primary pollution source. According to the 2019 statewide inventory, the transportation sector remains the largest source of greenhouse gas emissions, accounting for 39.7% of the total greenhouse gas emissions. Emissions from recycling and waste, comprising 2% of the total greenhouse gas emissions, have grown by 20% since 2000, and 96% of that amount is landfill emissions. California adopted land use and transportation policies and mandatory recycling laws to help reduce greenhouse gas emissions by promoting the use of renewable energy sources and reducing landfill disposal. Contra Costa County also completed a local greenhouse gas emissions inventory as well as a community-wide Climate Action Plan. The County’s Climate Action Plan contains measures reducing greenhouse gas emissions pertaining to renewable fuel vehicles and reducing landfill disposal for the purpose of reducing greenhouse gas emissions. (b) Impact More restrictive electric vehicle charging standards, construction and demolition waste recovery requirements, and building electrification requirements would be consistent with the intent of State legislation and County requirements to aggressively implement energy and waste policies designed to ensure success in meeting their greenhouse gas emission reduction and reusable energy and recycling goals. FINDINGS FOR ORDINANCE NO. 2022-35 6 3. Temperature (a) Conditions Temperatures have been recorded as high as 114° F. Average summer highs are in the 75° to 90° range, with average maximums of 105° F in some areas of unincorporated Contra Costa County. (b) Impact High temperatures cause rapid fatigue and heat exhaustion of firefighters, thereby reducing their effectiveness and ability to control large building, wildland fires, and fires caused by gas line ruptures. Another impact from high temperatures is that combustible building material and non- irrigated weeds, grass and brush are preheated, thus causing these materials to ignite more readily and burn more rapidly and intensely. Additionally, the resultant higher temperature of the atmosphere surrounding the materials reduces the effectiveness of the water being applied to the burning materials. This requires that more water be applied, which in turn requires more fire resources in order to control a fire on a hot day. High temperatures directly contribute to the rapid growth of fires to an intensity and magnitude beyond the control capabilities of the Fire Districts in Contra Costa County. The change of temperatures throughout the County between very low and extreme highs contributes to a voltage drop in conductors used for power pole lines. This necessitates that voltage drops be considered. More restrictive electric vehicle charging standards, construction and demolition waste recovery requirements, and building electrification requirements would not have a negative impact on the temperature conditions within the County. 4. Winds (a) Conditions Prevailing winds in many parts of Contra Costa County are from the north or northwest in the afternoons. However, winds are experienced from virtually every direction at one time or another. Velocities can reach 14 mph to 23 mph ranges, gusting to 25 to 35 mph. 40 mph winds are experienced occasionally and winds up to 55 mph have been registered locally. During the winter half of the year, strong, dry, gusty winds from the north move through the area for several days creating extremely dry conditions. FINDINGS FOR ORDINANCE NO. 2022-35 7 (b) Impact Winds such as those experienced locally can and do exacerbate fires, both interior and exterior, to burn, and spread rapidly. Fires involving non-irrigated weeds, grass, brush, and fires caused by gas line ruptures can grow to a magnitude and be fanned to an intensity beyond the control capabilities of the fire services very quickly even by relatively moderate winds. When such fires are not controlled; they can extend to nearby buildings, particularly those with untreated wood shakes or shingles. Winds of the type experienced locally also reduce the effectiveness of exterior water streams used by all Contra Costa County Fire Districts on fires involving large interior areas of buildings, fires which have vented through windows and roofs due to inadequate built-in fire protection and fires involving wood shake and shingle building exteriors. Local winds will continue to be a definite factor toward causing major fire losses to buildings not provided with fire resistive roof and siding materials and buildings with inadequately separated interior areas, or lacking automatic fire protection systems, or lacking proper gas shut-off devices to shut off gas when pipes are ruptured, or lacking proper electrical systems. National statistics frequently cite wind conditions, such as those experienced locally, as a major factor where conflagrations have occurred. More restrictive electric vehicle charging standards, construction and demolition waste recovery requirements, and building electrification requirements, would not have a negative impact on the wind conditions within the County. II. Necessity of More Restrictive Standards Because of the conditions described above, the Contra Costa County Board of Supervisors finds that there are building and fire hazards unique to Contra Costa County that require the more restrictive fire protection, structural and design load requirements, and energy and waste management policies set forth in Ordinance No. 2022-35.  The ordinance amends the 2022 California Building Code by: o Clarifying the reference to electrical vehicle charging for new residential constructions to include both future and fully operational chargers in accordance with local amendments made to the CGBSC. (§74-4.002(b).) o Requiring the installation of a smoke detector in each existing flat roof building when a pitched roof is added on top of the existing flat roof, and the solid sheathing of the flat roof is not removed. (§ 74-4.002(c).) o Requiring most wood shakes or shingles used for exterior wall covering to be fire treated. (§ 74-4.002(d).) FINDINGS FOR ORDINANCE NO. 2022-35 8 o Requiring special inspections for concrete compressive strength at certain foundations to be consistent with code requirements for concrete at other locations. (§ 74 - 4.002(e).) o Addressing the poor performance of plain concrete structural elements during seismic events. (§ 74-4.002(f), § 74-4.002(h), § 74-4.002(i).) o Prohibiting placement of reinforcement while the concrete is in a semifluid condition thus increasing quality control during construction. Enhanced quality control is necessary because of seismic considerations. (§ 74-4.002(g).)  The ordinance amends the 2022 California Residential Code by: o Requiring the installation of a smoke detector in each existing flat roof building when a pitched roof is added on top of the existing flat roof, and the solid sheathing of the flat roof is not removed. (§ 74-4.004(c).) o Prohibiting the use of gypsum wallboard as braced wall panels in single- and two- family dwellings and accessory structures, and by limiting the use of Portland Cement Plaster braced walls to only one story single- and two-family dwellings, as these materials have performed poorly during recent California seismic events. (§74- 4.004(d), and §74-4.004(e).)  The ordinance amends the 2022 California Green Building Standards Code by: o Imposing more restrictive electric vehicle charging standards, as follows:  Amending the definition of electric vehicle charging space to include both current and future installations in contrast to the statewide code that includes only future installations in the definition. (§ 74-4.006(a).)  For new multi-family buildings:  Requiring five percent of the total number of parking spaces (but not less than one space) be fully operational Electric Vehicle Charging Spaces (“EV spaces”) for all multi-family buildings irrespective of the number of units. Statewide code only requires five percent fully operational EV spaces for new multi-family developments with 20 or more units. (§ 74-4.006(d), and § 74-4.006(e).)  For new non-residential buildings:  Requiring that the number of EV spaces in new construction provide fully operational EVSE exceeding the number required by the statewide code consistent with current local amendments. (§ 74-4.006(i), and § 74-4.006(j).) o Imposing more restrictive construction waste reduction, disposal and recycling standards consistent with those presently enforced in the County as follows:  Imposing the mandatory restrictions from Chapter 4 of the 2022 CGBSC on certain projects for existing residential buildings, including:  Projects that increase the total combined conditioned and unconditioned building area by 5,000 square feet or more. ((§ 74-4.006(b).)  Projects that impact 5,000 square feet or more of the total combined conditioned and unconditioned building area. ((§ 74-4.006(b).)  Demolition projects when a demolition permit is required, except demolition projects that are necessary to abate a public nuisance. (§ 74-4.006(b), and § 74- FINDINGS FOR ORDINANCE NO. 2022-35 9 4.006(c).)  Eliminating the exception from construction waste management requirements for projects solely based on their isolated location from diversion facilities. ((§ 74- 4.006(f).)  Requiring measuring of all generated debris to ensure that at least 65% is diverted from landfills. (§ 74-4.006(i), and § 74-4.006(o).)  Requiring more comprehensive documentation for construction waste management be provided to the enforcing agency and making submittal of the same a prerequisite for scheduling final inspections. (§ 74-4.006(g), and § 74- 4.006(m).)  The amendments to the 2022 California Existing Building Code are not substantive in nature and are limited to administrative provisions for the use and enforcement of this Code, and to be consistent with the administrative provisions of the statewide codes as amended.  The ordinance amends the 2022 California Energy Code by: o Adding the definition of an all-electric building to mean a building that has no natural gas or propane plumbing within the building, and that uses electricity as its sole source of energy. (§ 74-4.010(b).) o Requiring that all newly constructed residential, detached accessory dwelling unit, hotel, office, and retail type buildings that do not have vested rights before June 1, 2022 be all- electric buildings. The statewide code has no mandatory building electrification requirements. (§ 74-4.010(a).) ORDINANCE NO. 2022-35 1 ORDINANCE NO. 2022-35 ADOPTION OF CALIFORNIA BUILDING STANDARDS CODES The Contra Costa County Board of Supervisors ordains as follows (omitting the parenthetical footnotes from the official text of the enacted or amended provisions of the County Ordinance Code): SECTION I. SUMMARY. This ordinance adopts the 2022 California Building Code, the 2022 California Residential Code, the 2022 California Energy Code, the 2022 California Green Building Standards Code, the 2022 California Electrical Code, the 2022 California Plumbing Code, the 2022 California Mechanical Code, and the 2022 California Existing Building Code, with changes, additions, and deletions that are necessary because of local climatic, geological, or topographical conditions. This ordinance is adopted pursuant to Health and Safety Code sections 17922, 17958, 17958.5, and 17958.7, and Government Code sections 50020 through 50022.10. SECTION II. Section 74-2.002 (Adoption) of Division 74 (Building Code) of the County Ordinance Code is amended to read: 74-2.002 Adoption. (a) The building code of this county is the 2022 California Building Code (California Code of Regulations, Title 24, Part 2, Volumes 1 and 2), the 2022 California Residential Code (California Code of Regulations, Title 24, Part 2.5), the 2022 California Green Building Standards Code (California Code of Regulations, Title 24, Part 11), the 2022 California Existing Building Code (California Code of Regulations, Title 24, Part 10), and the 2022 California Energy Code (California Code of Regulations, Title 24, Part 6), as amended by the changes, additions, and deletions set forth in this division and Division 72. (b) The 2022 California Building Code, with the changes, additions, and deletions set forth in Chapter 74-4 and Division 72, is adopted by this reference as though fully set forth in this division. (c) The 2022 California Residential Code, with the changes, additions, and deletions set forth in Chapter 74-4 and Division 72, is adopted by this reference as though fully set forth in this division. (d) The 2022 California Green Building Standards Code, with the changes, additions, and deletions set forth in Chapter 74-4 and Division 72, is adopted by this reference as though fully set forth in this division. (e) The 2022 California Existing Building Code, with the changes, additions, and deletions set forth in Chapter 74-4 and Division 72, is adopted by this reference as though fully set forth in this division. ORDINANCE NO. 2022-35 2 (f) The 2022 California Energy Code, with the changes, additions, and deletions set forth in Chapter 74-4 and Division 72, is adopted by this reference as though fully set forth in this division. (g) At least one copy of this building code is now on file with the building inspection division, and the other requirements of Government Code section 50022.6 have been and shall be complied with. (h) As of the effective date of the ordinance from which this division is derived, the provisions of the building code are controlling and enforceable within the county. (Ords. 2022-35 § 2, 2022-02 § 2, 2019-31 § 2, 2016-22 § 2, 2013-24 § 2, 2011-03 § 2, 2007-54 §3, 2002-31 § 3, 99-17 § 5, 99-1, 90-100 § 5, 87-55 § 4, 80-14 § 5, 74-30.) SECTION III. Chapter 74-4 (Modifications) of Division 74 (Building Code) of the County Ordinance Code is amended to read: Chapter 74-4 MODIFICATIONS 74-4.002 Amendments to CBC. The 2022 California Building Code ("CBC") is amended by the changes, additions, and deletions set forth in this chapter and Division 72. Section numbers used below are those of the 2022 California Building Code. (a) CBC Chapter 1 (Scope and Administration) is amended by the provisions of Division 72 of this code and as follows: (1) Sections 103 and 113 of CBC Chapter 1 are deleted. (2) Section 105.2 (Work exempt from permit) of CBC Chapter 1, subsection 4 is amended to read: 4. Retaining walls that are not more than 3 feet in height measured from the top of the footing to the top of the wall and that have a downward ground slope at the bottom of the retaining wall not exceeding 1(vertical):10(horizontal), unless supporting a surcharge or ground slope exceeding 1(vertical):2(horizontal) or impounding Class I, II, or III-a liquids. (3) Section 107.2.1 (Information on construction documents) of CBC Chapter 1 is amended to read: 107.2.1 Information on Construction Documents. Construction documents shall include dimensions and shall be drawn to scale on suitable material. Electronic media documents may be submitted when approved in advance by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of ORDINANCE NO. 2022-35 3 the work proposed and to show in detail that it will conform to this code and all relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall include contact information for the owner and the person or persons who prepared the plans. Plans shall include a plot plan showing all existing property lines labeled and fully dimensioned, the elevations of the top and toe of cuts and fills, and the location of the proposed building with distances to all property lines and to every existing building on the property. Instead of detailed specifications, the county building official may approve references on the plans to a specific section or part of this code or other ordinances or laws. (4) Section 110.1 (Inspections - General) of CBC Chapter 1 is amended by adding the following to the end of that section: At the time of first inspection by the county building official, a California licensed Land Surveyor or Civil Engineer shall certify in writing that the structure is placed according to the approved set of plans. The written certification must include the site address and permit number. This requirement does not apply to alterations or repairs to existing structures that do not affect the exterior limits of the existing structures. (b) Section 420.14 [HCD] (Electric vehicle (EV) charging for new construction) of CBC Chapter 4 (Special Detailed Requirements Based on Occupancy and Use) is amended to read: 420.14 Electric vehicle (EV) charging for new construction. Newly constructed Group R-1, R-2, and R-3 buildings shall be provided with infrastructure to facilitate future installation and use of electric vehicle (EV) chargers, and, where required, newly constructed Group R-2 buildings shall be provided with electric vehicle charging spaces equipped with fully-operational EV chargers, in accordance with the California Green Building Standards Code (CALGreen), Chapter 4, Division 4.1. (c) Section 907.2.11.2.5.1 is added to Section 907.2.11.2.5 (Existing Group R occupancies) of CBC Chapter 9 (Fire Protection Systems), to read: 907.2.11.2.5.1 Existing flat roof buildings. In existing flat roof buildings, the installation of a smoke detector that complies with California Residential Code Section R314.6 shall be required when a pitched roof is added on top of the existing flat roof and the solid sheathing of the flat roof is not removed. (d) Section 1405.2 is added to Section 1405 (Combustible materials on the exterior side of exterior walls) of CBC Chapter 14 (Exterior Walls), to read: 1405.2 Wood shakes or shingles. Wood shakes or shingles used for exterior wall covering shall be fire treated unless there is a minimum of 10 feet from the ORDINANCE NO. 2022-35 4 exterior wall (including shakes or shingles) to the property line or the exterior wall faces a street. (e) In Section 1705.3 (Concrete construction) of CBC Chapter 17 (Special Inspections and Tests), Exception 1 is amended to read: 1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength of no greater than 2,500 pound per square inch (psi) (17.2 Mpa). (f) Section 1809.8 (Plain concrete footings) of CBC Chapter 18 (Soils and Foundations) is deleted. (g) Section 1810.3.9.3 (Placement of reinforcement) of CBC Chapter 18 (Soils and Foundations) is amended by deleting Exception 3. (h) Section 1905.1.7 (ACI 318, Section 14.1.4) of CBC Chapter 19 (Concrete) is amended to read: 1905.1.7 ACI 318, Section 14.1.4. Delete ACI 318, Section 14.1.4, and replace with the following: 14.1.4 - Plain concrete in structures assigned to Seismic Design Category C, D, E, or F. 14.1.4.1- Structures assigned to Seismic Design Category C, D, E, or F shall not have elements of structural plain concrete, except as follows: (a) Reserved. (b) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness. (c) Plain concrete footings supporting walls are permitted, provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing. A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections. ORDINANCE NO. 2022-35 5 (i) Section 1906 (Footings for light-frame construction) of CBC Chapter 19 (Concrete) is deleted. (j) Section 1907.l (Minimum Slab Provisions - General) of CBC Chapter 19 (Concrete) is amended by adding the following sentence to that section: Slabs shall have a minimum reinforcement of 6-inch by 6-inch by 10-gauge wire mesh or equal at mid-height. (k) Appendix C and Appendix I of the CBC are incorporated into the County building code. Appendix A, Appendix B, Appendix D, Appendix E, Appendix F, Appendix G, Appendix H, Appendix J, Appendix K, Appendix L, and Appendix M of the CBC are excluded from the County building code. (Ords. 2022-35 § 3, 2019-31 § 3, 2016-22 § 3, 2013- 24 § 3, 2011-03 § 3, 2007-54 § 4, 2002-31 § 3, 99- 17 § 6, 99-1, 90-100 § 6, 87-55 § 5, 80-14 § 6, 74-30 § 1.) 74-4.004 Amendments to CRC. The 2022 California Residential Code ("CRC") is amended by the changes, additions, and deletions set forth in this chapter and Division 72. Section numbers used below are those of the 2022 California Residential Code. (a) Sections R103 and R112 of CRC Chapter 1 (Scope and Application) are deleted. (b) In Section Rl05.2 (Work exempt from permit) of CRC Chapter 1 (Scope and Application), subsection 3 is amended to read: 3. Retaining walls that are not more than 3 feet in height measured from the top of the footing to the top of the wall and that have a downward ground slope at the bottom of the retaining wall not exceeding 1(vertical):10(horizontal), unless supporting a surcharge or ground slope exceeding 1(vertical):2(horizontal) or impounding Class I, II, or III-a liquids. (c) Section R314.8.1.1 is added to Section R314.8 (Existing Group R-3 occupancies) of CRC Chapter 3 (Building Planning), to read: R314.8.1.1 Existing flat roof buildings. In existing flat roof buildings, the installation of a smoke detector that complies with Section R314.6 shall be required when a pitched roof is added on top of the existing flat roof and the solid sheathing of the flat roof is not removed. (d) Section R602.10.3(3) (Bracing Requirements Based on Seismic Design Category) of CRC Chapter 6 (Wall Construction) is amended as follows: (1) The title of Table R602.10.3(3) is amended to read: TABLE R602.10.3(3)i ORDINANCE NO. 2022-35 6 (2) Footnote "i" is added to Table R602.10.3(3), to read: i. In Seismic Design Categories D0, D1, and D2, Method GB is not permitted and the use of Method PCP is limited to one-story dwellings and accessory structures. (e) Section R602.10.4.5 is added to Section R602.10.4 (Construction methods for braced wall panels) of CRC Chapter 6 (Wall Construction), to read: R602.10.4.5 Limits on methods GB and PCP. In Seismic Design Categories D0, D1, and D2, Method GB is not permitted, but gypsum board is permitted to be installed on the opposite side of the studs from other types of braced wall panel sheathing. In Seismic Design Categories D0, D1, and D2, the use of Method PCP is limited to one-story dwellings and accessory structures. (f) Appendix AH and Appendix AX of the CRC is incorporated into the County building code. Appendix AA, Appendix AB, Appendix AC, Appendix AD, Appendix AE, Appendix AF, Appendix AG, Appendix AI, Appendix AJ, Appendix AK, Appendix AL, Appendix AM, Appendix AN, Appendix AO, Appendix AP, Appendix AQ, Appendix AR, Appendix AS, Appendix AT, Appendix AU, Appendix AV, Appendix AW, Appendix AY, and Appendix AZ of the CRC are excluded from the County building code. (Ords. 2022-35 § 3, 2019-31 § 3, 2016-22 § 3, 2013- 24 § 3, 2011-03 § 3.) 74-4.006 Amendments to CGBSC. The 2022 California Green Building Standards Code ("CGBSC") is amended by the changes, additions, and deletions set forth in this chapter and Division 72. Section numbers used below are those of the 2022 California Green Building Standards Code. (a) Section 202 (Definitions) of CGBSC Chapter 2 (Definitions) is amended by replacing the definition of Electric Vehicle Charging Space (EV Space) with the following: ELECTRIC VEHICLE CHARGING SPACE (EV SPACE). A space intended for current or future installation of EV charging equipment and charging of electric vehicles. (b) Section 301.1.1 (Additions and alterations) of CGBSC Chapter 3 (Green Building) is amended to read: Section 301.1.1 Additions and alterations. The mandatory provisions of Chapter 4 shall apply to additions or alterations of existing residential buildings where the addition or alteration increases the building's conditioned area, volume, or size. The requirements shall apply only to and within the specific area of the addition or alteration. ORDINANCE NO. 2022-35 7 The mandatory provisions of Section 4.106.4.2 may apply to additions or alterations of existing parking facilities or the addition of new parking facilities serving existing multifamily buildings. See Section 4.106.4.3 for application. NOTE: Repairs including, but not limited to, resurfacing, restriping, and repairing or maintaining existing lighting fixtures are not considered alterations for the purpose of this section. The mandatory provisions of Section 4.408 shall apply to the following types of construction or demolition projects for existing residential buildings: 1. Projects that increase the total combined conditioned and unconditioned building area by 5,000 square feet or more. 2. Alterations to existing structures impacting 5,000 square feet or more of total combined conditioned and unconditioned building area. 3. Demolition projects when a demolition permit is required. Exception: Demolition projects undertaken because the enforcing agency has determined that the demolition is necessary to abate a public nuisance or otherwise protect public health and safety. For the purposes of determining whether a project meets the 5,000 square-foot threshold, the enforcing agency may deem all phases of a project and all related projects taking place on a single or adjoining parcel(s) as a single project. (c) Section 301.3.2 (Waste diversion) of CGBSC Chapter 3 (Green Building) is amended to read: Section 301.3.2 Waste diversion. The requirements of Section 5.408 shall apply to additions, alterations, and demolition whenever a permit is required for work. Exception: Demolition projects undertaken because the enforcing agency has determined that the demolition is necessary to abate a public nuisance or otherwise protect public health and safety. (d) Section 4.106.4.2.1 (Multifamily development projects with less than 20 dwelling units; and hotels and motels with less than 20 sleeping units or guest rooms) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended by adding the following Item 3 to the end of the section: 3. EV Chargers. Five (5) percent of the total number of parking spaces shall be equipped with fully-operational Level 2 EVSE. Where common use parking is provided, at least one EV charger shall be located in the common use parking area ORDINANCE NO. 2022-35 8 and shall be available for use by all residents or guests. When low power Level 2 EV charging receptacles or Level 2 EVSE are installed beyond the minimum required, an automatic load management system (ALMS) may be used to reduce the maximum required electrical capacity to each space served by the ALMS. The electrical system and any on-site distribution transformers shall have sufficient capacity to deliver at least 3.3 kW simultaneously to each EV charging station (EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of 40 amperes, and installed EVSE shall have a capacity of not less than 30 amperes. ALMS shall not be used to reduce the minimum required electrical capacity to the required EV capable spaces. (e) Section 4.106.4.2.1.1 is added to Section 4.106.4.2.1 (Multifamily development projects with less than 20 dwelling units; and hotels and motels with less than 20 sleeping units or guest rooms) of CGBSC Chapter 4 (Residential Mandatory Measures), to read: Section 4.106.4.2.1.1 Electric vehicle charging stations (EVCS). Electric vehicle charging stations required by Section 4.106.4.2.1, Item 3, shall comply with Section 4.106.4.2.1.1. Exception: Electric vehicle charging stations serving public accommodations, public housing, motels and hotels shall not be required to comply with this section. See California Building Code, Chapter 11B, for applicable requirements. Section 4.106.4.2.1.1.1 Location. EVCS shall comply with at least one of the following options: 1. The charging space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space. 2. The charging space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building. Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11B, are not required to comply with Section 4.106.4.2.1.1.1 and Section 4.106.4.2.1.1.2, Item 3. Section 4.106.4.2.1.1.2 Electric Vehicle Charging Stations (EVCS) Dimensions. The charging spaces shall be designed to comply with the following: ORDINANCE NO. 2022-35 9 1. The minimum length of each EV space shall be 18 feet (5486 mm). 2. The minimum width of each EV space shall be 9 feet (2743 mm). 3. One in every 25 charging spaces, but not less than one, shall also have an 8-foot (2438 mm) wide minimum aisle. A 5-foot (1524 mm) wide minimum aisle shall be permitted provided the minimum width of the EV space is 12 feet (3658 mm). a. Surface slope for this EV space and the aisle shall not exceed 1 unit vertical in 48 units horizontal (2.083 percent slope) in any direction. Section 4.106.4.2.1.1.3 Accessible EV Spaces. In addition to the requirements in Sections 4.106.4.2.1.1.1 and 4.106.4.2.1.1.2, all EVSE, when installed, shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B. EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A. (f) Section 4.408.1 (Construction waste management) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended to read: Section 4.408.1 Construction waste management. Recycle and/or salvage for reuse a minimum of 65 percent of the nonhazardous construction and demolition waste in accordance with Section 4.408.2. Exceptions: 1. Excavated soil and land-clearing debris. 2. The enforcing agency may identify alternate waste reduction requirements if the agency determines that an owner or contractor has adequately demonstrated that diversion facilities necessary for the owner to comply with this section do not exist or are not located within a reasonable distance from the jobsite. (g) Section 4.408.2 (Construction waste management plan) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended to read: Section 4.408.2 Construction waste management plan. Submit a construction waste management plan for the project, signed by the owner, in conformance with Items 1 through 5 prior to issuance of building permit. The construction waste ORDINANCE NO. 2022-35 10 management plan shall be updated as necessary upon approval by the enforcing agency and shall be available during construction for examination by the enforcing agency. The plan must do all of the following: 1. Identify the construction and demolition waste materials to be diverted from disposal by recycling, reuse on the project, or salvage for future use or sale. 2. Specify if construction and demolition waste materials will be sorted on-site (source-separated) or bulk mixed (single stream). 3. Identify diversion and disposal facilities where the construction and demolition waste material will be taken and identify the waste management companies, if any, that will be utilized to haul the construction and demolition waste material. A waste management company utilized to haul construction and demolition waste material must have all applicable County approvals. 4. Identify construction methods employed to reduce the amount of construction and demolition waste generated. 5. Specify that the amount of construction and demolition debris shall be calculated consistent with the enforcing agency’s requirements for the weighing of debris. The owner shall ensure that all construction and demolition debris diverted or disposed are measured and recorded by weight or volume using the most accurate method of measurement available. To the extent practicable, all construction and demolition debris shall be weighed using scales. Scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition debris for which weighing is not possible due to lack of scales or not practical due to materials being reused on-site or elsewhere or other considerations, a volumetric measurement shall be used. The owner shall convert volumetric measurements to weight using the standardized conversion factors approved by the enforcing agency for this purpose. (h) Section 4.408.3 (Waste management company) of CGBSC Chapter 4 (Residential Mandatory Measures) is deleted. (i) Section 4.408.5 (Documentation) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended to read: Section 4.408.5 Documentation. A construction waste management final report containing information and supporting documentation that demonstrates ORDINANCE NO. 2022-35 11 compliance with Section 4.408.1, Section 4.408.2, Items 1 through 5, and, when applicable, Section 4.408.4 or Section 4.408.4.1, shall be provided to the enforcing agency before the final inspection. The required documentation shall include, but is not necessarily limited to, the following: 1. Documentation of the quantity by weight of each material type diverted or disposed, consistent with the requirements of Section 4.408.2, Item 5, and receipts or written certification from all receiving facilities utilized to divert or dispose waste generated by the project that substantiate the amounts specified on the construction waste management final report; or 2. For projects that satisfy the waste stream reduction alternative specified in Section 4.408.4 or Section 4.408.4.1, documentation of the quantity by weight of each material type disposed and the total combined weight of construction and demolition waste disposed in landfills as a result of the project, the corresponding pounds disposed per square foot of the building area, and receipts or written certification from all receiving facilities utilized to dispose waste generated by the project that substantiate the amounts specified on the construction waste management final report. (j) Section 5.106.5.3.1 (EV capable spaces) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is amended to read: Section 5.106.5.3.1 EV Capable Spaces. [N] EV capable spaces shall be provided in accordance with Table 5.106.5.3.1 and the following requirements: 1. Raceways complying with the California Electrical Code and no less than 1-inch (25 mm) diameter shall be provided and shall originate at a service panel or a subpanel(s) serving the area, and shall terminate in close proximity to the proposed location of the EV capable space and into a suitable listed cabinet, box, enclosure or equivalent. A common raceway may be used to serve multiple EV capable spaces. 2. A service panel or subpanel(s) shall be provided with panel space and electrical load capacity for a dedicated 208/240 volt, 40- ampere minimum branch circuit for each EV capable space, with delivery of 30-ampere minimum to an installed EVSE at each EVCS. 3. The electrical system and any on-site distribution transformers shall have sufficient capacity to supply full rated amperage at each EV capable space. ORDINANCE NO. 2022-35 12 4. The service panel or subpanel circuit directory shall identify the reserved overcurrent protective device space(s) as "EV CAPABLE". The raceway termination location shall be permanently and visibly marked as "EV CAPABLE." Note: A parking space served by electric vehicle supply equipment or designed as a future EV charging space shall count as at least one standard automobile parking space only for the purpose of complying with any applicable minimum parking space requirements established by an enforcement agency. See Vehicle Code Section 22511.2 for further details. TABLE 5.106.5.3.1 TOTAL NUMBER OF ACTUAL PARKING SPACES NUMBER OF REQUIRED EV CAPABLE SPACES NUMBER OF EVCS (EV CAPABLE SPACES PROVIDED WITH EVSE)2 1-9 0 0 10-25 4 2 26-50 8 3 51-75 13 5 76-100 17 6 101-150 25 12 151-200 35 12 201 and over 20 percent of total1 6 percent of total1 1. Calculation for spaces shall be rounded up to the nearest whole number 2. The number of required EVCS (EV capable spaces provided with EVSE) in column 3 count toward the total number of required EV capable spaces shown in column 2. (k) Section 5.106.5.3.2 (Electric vehicle charging stations (EVCS)) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is amended to read: Section 5.106.5.3.2 Electric Vehicle Charging Stations (EVCS). EV capable spaces shall be provided with fully-operational EVSE to create EVCS in the number indicated in Table 5.106.5.3.1. The EVCS required by Table 5.106.5.3.1 may be provided with EVSE in any combination of Level 2 and Direct Current Fast Charging (DCFC), except that at least one Level 2 EVSE shall be provided. One EV charger with multiple connectors capable of charging multiple EVs simultaneously shall be permitted if the electrical load capacity required by Section 5.106.5.3.1 for each EV capable space is accumulatively supplied to the EV charger. The installation of each DCFC EVSE shall be permitted to reduce the minimum number of required EV capable spaces without EVSE by five and reduce ORDINANCE NO. 2022-35 13 proportionally the required electrical load capacity to the service panel or subpanel. (l) Section 5.408.1 (Construction waste management) of CGBSC Chapter 5 Nonresidential Mandatory Measures) is amended to read: Section 5.408.1 Construction waste management. Recycle and/or salvage for reuse a minimum of 65 percent of the nonhazardous construction and demolition waste in accordance with Section 5.408.1.1. Exceptions: 1. Excavated soil and land-clearing debris. 2. The enforcing agency may identify alternate waste reduction requirements if the agency determines that an owner or contractor has adequately demonstrated that diversion facilities necessary for the owner to comply with this section do not exist or are not located within a reasonable distance from the jobsite. (m) Section 5.408.1.1 (Construction waste management plan) of CGBSC Chapter 5 Nonresidential Mandatory Measures) is amended to read: Section 5.408.1.1 Construction waste management plan. Submit a construction waste management plan for the project, signed by the owner, in conformance with Items 1 through 5 prior to issuance of building permit. The construction waste management plan shall be updated as necessary upon approval by the enforcing agency and shall be available during construction for examination by the enforcing agency. The plan must do all of the following: 1. Identify the construction and demolition waste materials to be diverted from disposal by recycling, reuse on the project, or salvage for future use or sale. 2. Specify if construction and demolition waste materials will be sorted on-site (source-separated) or bulk mixed (single stream). 3. Identify diversion and disposal facilities where the construction and demolition waste material will be taken and identify the waste management companies, if any, that will be utilized to haul the construction and demolition waste material. A waste management company utilized to haul construction and demolition waste material must have all applicable County approvals. 4. Identify construction methods employed to reduce the amount of construction and demolition waste generated. ORDINANCE NO. 2022-35 14 5. Specify that the amount of construction and demolition debris shall be calculated consistent with the enforcing agency’s requirements for the weighing of debris. The owner shall ensure that all construction and demolition debris diverted or disposed are measured and recorded by weight or volume using the most accurate method of measurement available. To the extent practicable, all construction and demolition debris shall be weighed using scales. Scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition debris for which weighing is not possible due to lack of scales or not practical due to material being reused on-site or elsewhere or other considerations, a volumetric measurement shall be used. The owner shall convert volumetric measurements to weight using the standardized conversion factors approved by the enforcing agency for this purpose. (n) Section 5.408.1.2 (Waste management company) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is deleted. (o) Section 5.408.1.4 (Documentation) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is amended to read: Section 5.408.1.4 Documentation. A construction waste management final report containing information and supporting documentation that demonstrates compliance with Section 5.408.1, Section 5.408.1.1, Items 1 through 5, and, when applicable, Section 5.408.1.3, shall be provided to the enforcing agency before the final inspection. The required documentation shall include, but is not necessarily limited to, the following: 1. Documentation of the quantity by weight of each material type diverted or disposed, consistent with the requirements of Section 5.408.1.1, Item 5, and receipts or written certification from all receiving facilities utilized to divert or dispose waste generated by the project that substantiate the amounts specified on the construction waste management final report; or 3. For projects that satisfy the waste stream reduction alternative specified in Section 5.408.1.3, documentation of the quantity by weight of each new construction material type disposed and the total combined weight of new construction waste disposed as a result of the project, the corresponding pounds of new construction disposal per square foot of the building area, and receipts or written certification from all receiving facilities utilized to dispose ORDINANCE NO. 2022-35 15 waste generated by the project that substantiate the amounts specified on the construction waste management final report. (Ords. 2022-35 § 3, 2019-31 § 3, 2016-22 § 3, 2015-22 § 2.) 74-4.008 Amendments to CEBC. The 2022 California Existing Building Code ("CEBC") is amended by the changes, additions, and deletions set forth in this chapter and Division 72. Section numbers used below are those of the 2022 California Existing Building Code (a) CEBC Chapter 1 (Scope and Administration) is amended by the provisions of Division 72 of this code and as follows: (1) Sections 103 and 112 of CEBC Chapter 1 are deleted. (2) Section 106.1 (Construction Documents - General) of CEBC Chapter 1 is amended by deleting the exception. (3) Section 106.2.1 (Construction documents) of CEBC Chapter 1 is amended to read: 106.2.1 Construction documents. Construction documents shall include dimensions and shall be drawn to scale on suitable material. Electronic media documents may be submitted when approved in advance by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and to show in detail that it will conform to this code and all relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall include contact information for the owner and the person or persons who prepared the plans. Plans shall include a plot plan showing all existing property lines labeled and fully dimensioned, the elevations of the top and toe of cuts and fills, and the location of the proposed building with distances to all property lines and to every existing building on the property. Instead of detailed specifications, the county building official may approve references on the plans to a specific section or part of this code or other ordinances or laws. (Ords. 2022-35 § 3, 2019-31 § 3, 2016-22 § 3.) 74-4.010 Amendments to CEnC. The 2022 California Energy Code ("CEnC") is amended by the changes, additions, and deletions set forth in this chapter and Division 72. Section numbers used below are those of the 2022 California Energy Code. (a) Section 100.0(e)(2)(A) of CEnC Subchapter 1 (All Occupancies - General Provisions) is amended to read: ORDINANCE NO. 2022-35 16 A. All newly constructed buildings. i. Sections 110.0 through 110.12 apply to all newly constructed buildings within the scope of Section 100.0(a). In addition, newly constructed buildings shall meet the requirements of Subsection B, C, D, or E, as applicable. ii. A newly constructed building that is any of the following building types shall be an all-electric building: a. Residential. b. Detached accessory dwelling unit. c. Hotel. d. Office. e. Retail. Exception to Section 100.0(e)(2)(A)(ii): Development projects that have obtained vested rights before the effective date of this subsection (ii) or June 1, 2022, whichever is later, pursuant to a development agreement in accordance with Government Code section 65866, a vesting tentative map in accordance with Government Code section 66998.1, or other applicable law, are exempt from the requirements of Section 100.0(e)(2)(A)(ii). (b) Section 100.1(b) (Definitions) of CEnC Subchapter 1 (All Occupancies - General Provisions) is amended by adding the following definition: ALL-ELECTRIC BUILDING means a building that has no natural gas or propane plumbing installed within the building, and that uses electricity as the sole source of energy for its space heating (including heating of all indoor and outdoor spaces of the building), water heating (including heating of indoor and outdoor pools and spas), cooking appliances, and clothes drying appliances. An all-electric building may utilize solar thermal pool heating. (Ords. 2022-35 § 3, 2022-02 § 3.) SECTION IV. Section 76-2.002 (Adoption) of Division 76 (Electrical Code) of the County Ordinance Code is amended to read: 76-2.002 Adoption. (a) The electrical code of this county is the 2022 California Electrical Code (California Code ORDINANCE NO. 2022-35 17 of Regulations, Title 24, Part 3) (“CEC”), as amended by the changes, additions, and deletions set forth in this division and Division 72. (b) The 2022 California Electrical Code, with the changes, additions, and deletions set forth in Chapter 76-4 and Division 72, is adopted by this reference as though fully set forth in this division. (c) At least one copy of this electrical code is now on file with the building inspection division, and the other requirements of Government Code section 50022.6 have been and shall be complied with. (d) As of the effective date of the ordinance from which this division is derived, the provisions of the electrical code are controlling and enforceable within the county. (Ords. 2022-35 § 4, 2019-31 § 4, 2016-22 § 4, 2013-24 § 4, 2011-03 § 4, 2007-54 § 5, 2002-31 § 4, 99-17 § 11, 89-60 § 2, 82-23 § 2, 79-67, 76-24.) SECTION V. Section 78-2.002 (Adoption) of Division 78 (Plumbing Code) of the County Ordinance Code is amended to read: 78-2.002 Adoption. (a) The plumbing code of this county is the 2022 California Plumbing Code (California Code of Regulations, Title 24, Part 5), as amended by the changes, additions, and deletions set forth in Division 72. (b) The 2022 California Plumbing Code, with the changes, additions, and deletions set forth in Division 72, is adopted by this reference as though fully set forth in this division. (c) At least one copy of this plumbing code is now on file with the building inspection division, and the other requirements of Government Code section 50022.6 have been and shall be complied with. (d) As of the effective date of the ordinance from which this division is derived, the provisions of the plumbing code are controlling and enforceable within the county. (Ords. 2022-35 § 5, 2019-31 § 5, 2016-22 § 6, 2013-24 § 5, 2011-03 § 5, 2007-54 § 6, 2002-31 § 5, 99-17 § 12, 74-29.) SECTION VI. Section 710-2.002 (Adoption) of Division 710 (Mechanical Code) of the County Ordinance Code is amended to read: 710-2.002 Adoption. (a) The mechanical code of this county is the 2022 California Mechanical Code (California Code of Regulations, Title 24, Part 4), as amended by the changes, additions, and deletions set forth in Division 72. ORDINANCE NO. 2022-35 18 (b) The 2022 California Mechanical Code, with the changes, additions, and deletions set forth in Division 72, is adopted by this reference as though fully set forth in this division. (c) At least one copy of this mechanical code is now on file with the building inspection division, and the other requirements of Government Code section 50022.6 have been and shall be complied with. (d) As of the effective date of the ordinance from which this division is derived, the provisions of the mechanical code are controlling and enforceable within the county. (Ords. 2022-35 § 6, 2019-31 § 6, 2016-22 § 7, 2013-24 § 6, 2011-03 § 6, 2007-54 § 7, 2002-31 § 6, 99-17 § 13, 88-91 § 5, 74-31.) SECTION VII. Section 72-6.212 of the County Ordinance Code is amended to read: 72-6.212 Expiration of permit. (a) A permit issued by the county building official becomes void if either of the following occur: (1) The work authorized by the permit is not commenced within 12 months after the permit issuance date. Evidence that work has commenced consists of at least one approved inspection. (2) The work authorized by the permit is suspended or abandoned for a period of 12 consecutive months after the work is commenced. Work is deemed suspended or abandoned for a period of 12 consecutive months if no approved inspection occurs during that time. (b) A permittee holding an unexpired permit may apply to the county building official for a permit extension. Upon written request by the permittee demonstrating justifiable cause for the delay, the county building official may extend the time of the permit for a period not exceeding 180 days. A permit may not be extended more than once. (c) Once a permit becomes void, a new permit must be obtained before any work is commenced or recommenced, and a new permit fee must be paid. (Ords. 2022-35 § 7, 2019-31 § 7, 2007-54 § 2, 2002-31 § 2, 99-1 § 5, 87-55 § 3, 80-14 § 3, 74-32 § 2, 71-32 § 1, 67-70 § 3: prior code § 7106: Ord. 1372 § 5H). SECTION VIII. Chapter 718-4 (Swimming Pools) of the County Ordinance Code is deleted in its entirety. SECTION IX. Chapter 718-6 (Residential Sprinkler System Option) of the County Ordinance Code is deleted in its entirety. SECTION X. VALIDITY. The Contra Costa County Board of Supervisors declares that if any section, paragraph, sentence, or word of this ordinance or of the 2022 California Building Code, ORDINANCE NO. 2022-35 19 Residential Code, Green Building Code, Plumbing Code, Electrical Code, Mechanical code, Existing Building Code, or Energy Code as adopted and amended herein is declared for any reason to be invalid, it is the intent of the Contra Costa County Board of Supervisors that it would have passed all other portions or provisions of this ordinance independent of the elimination herefrom any portion or provision as may be declared invalid. SECTION XI. EFFECTIVE DATE. This ordinance becomes effective on January 1, 2023 or 30 days after passage, whichever is later. Within 15 days of passage, this ordinance shall be published once in the East Bay Times, a newspaper published in this County. This ordinance shall be published in a manner satisfying the requirements of Government Code section 25124, with the names of supervisors voting for and against it. PASSED on ___________________________, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: MONICA NINO, _____________________________ Clerk of the Board of Supervisors Board Chair and County Administrator By: ______________________ [SEAL] Deputy RECOMMENDATION(S): Acting in its capacity as the Contra Costa County Board of Supervisors and as the Board of Directors of the Contra Costa County Fire Protection District and the Crockett-Carquinez Fire Protection District: 1. INTRODUCE Ordinance No. 2022-34, adopting the 2022 California Fire Code, with local amendments, as the fire code within Contra Costa County, the Contra Costa County Fire Protection District, and the Crockett-Carquinez Fire Protection District; WAIVE reading; and FIX November 8, 2022, at the Contra Costa County Fire Protection District Board of Directors meeting, at 1:00 p.m., as the hearing date for the proposed adoption of the ordinance. 2. DIRECT the Clerk of the Board to publish notice of the hearing pursuant to Government Code section 6066. 3. AUTHORIZE the preparation of an ordinance summary by County Counsel and the publication of the summary in accordance with Government Code section 25124. 4. DIRECT the Clerk of the Board of Supervisors to post at its office, and each Fire District to post at its office, a copy of the full text of Ordinance No. 2022-34. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Chris Bachman, Assistant Fire Chief / Fire Marshal (925) 941-3300 x1520 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 14 To:Board of Supervisors From:Lewis T. Broschard III, Chief, Contra Costa Fire Protection District Date:October 18, 2022 Contra Costa County Subject:Fix Public Hearing - Ordinance 2022-34 to Adopt 2022 California Code with Local Amendments RECOMMENDATION(S): (CONT'D) FISCAL IMPACT: The fiscal impact is neutral. The adoption of this ordinance will provide the administrative authority to enforce the provisions of the California Fire Code as amended. BACKGROUND: The California Building Standards Commission has adopted and published the 2022 Building Standards Code, which includes the 2022 California Fire Code prepared and adopted by the State Fire Marshal. The statewide code becomes effective January 1, 2023. Although the code applies statewide, Health and Safety Code sections 17958.5 and 18941.5 authorize a local jurisdiction to modify or change the statewide code and establish more restrictive standards if the jurisdiction finds that the modifications and changes are reasonably necessary because of local climatic, geological, or topographical conditions. Ordinance No. 2022-34 adopts the 2022 California Fire Code and amends it to address local conditions. There are no material changes to the local ordinance previously adopted by the Board in the 2019 code adoption process, and the amendments previously adopted by the Board are either now reflected in the new 2022 California Fire Code or are reflected in the proposed ordinance. The attached ordinance amends the 2022 California Fire Code by establishing automatic sprinkler system requirements that are more restrictive than the sprinkler requirements in the statewide code. The attached ordinance requires the installation of automatic fire sprinkler systems in most commercial buildings greater than 5,000 square feet, and in private and charter schools greater than 2,000 square feet. New public schools are required to install fire sprinklers regardless of square footage. Reducing the sprinkler threshold to 2,000 square feet for private schools brings the requirement more in line with public schools. Several other occupancies were clarified to require sprinklers as well, including light hazard warehouse type occupancies. The more restrictive requirements are necessary due to Contra Costa County’s climatic, geological, and topographical conditions, which impact fire prevention efforts and the frequency, spread, acceleration, intensity, and size of fire involving buildings. The automatic sprinkler system requirements are set forth in Section 903.2 of the attached ordinance. The automatic sprinkler system requirements specific to schools are set forth in Section 903.2.3 of the attached ordinance. The attached ordinance clarifies a requirement for standby EMS personnel for large events that may tax the EMS system. The clarification is necessary because the statewide code as written does not assume that a fire agency is also an ambulance providing entity. The attached ordinance defines the additional site security requirements that could be required if deemed necessary by the building official and fire official from arson fires or hazards occurring within the jurisdiction. And, the ordinance will provide the fire official the ability to require a risk assessment stamped by a fire protection engineer if the facility manager is unable to provide an accurate risk assessment of the facility to include all hazardous materials stored onsite. Chapter 5 and Appendix D of the ordinance will establish requirements for fire apparatus access roads, including requirements for turnouts, parking on access roads, and maximum grades. Notice of the public hearing will be published in accordance with Government Code section 6066. A summary of the ordinance will be prepared and published in accordance with Government Code section 25124(b). CONSEQUENCE OF NEGATIVE ACTION: Without the adoption of the 2022 California Fire Code (CFC) with local amendments, the Fire District will not have the legal authority to enforce any exterior hazard abatement standards or the ability to conduct fire and life safety inspections in occupancies other than high-rise buildings, schools, hotels, motels, apartments, and day care facilities. In addition, without adoption of the CFC, occupancies that conduct operations such as the production, storage, and sale of hazardous materials, places of assembly, and the review of construction documents and testing of fire protection and fire alarm systems would no longer be regulated by the Fire District. Furthermore, adoption of the 2022 CFC is necessary to continue allowing the Fire District to collect fees to recover the costs of providing fire prevention related services. Without adoption of the CFC, as amended, the Fire District general fund revenues would be required to provide the fiscal support necessary to fund the positions currently supported by operational permit and inspection fees and new construction plan review fees. This would result in a decrease in the amount of general fund revenues available for conducting emergency response activities or critical fire prevention services and personnel would need to be reduced or eliminated. ATTACHMENTS Fire Code Ordinance 2022-34 Findings in support of Ordinance No. 2022-34 ORDINANCE NO. 2022-34 1 ORDINANCE NO. 2022-34 FIRE CODE ORDINANCES OF THE COUNTY OF CONTRA COSTA, THE CROCKETT-CARQUINEZ FIRE PROTECTION DISTRICT, AND THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT ADOPTING THE 2022 CALIFORNIA FIRE CODE WITH AMENDMENTS. The Contra Costa County Board of Supervisors, as the Board of Supervisors for Contra Costa County and as the Board of Directors of the Crockett-Carquinez Fire Protection District and the Contra Costa County Fire Protection District, ordains as follows: SECTION 1. ADOPTION OF THE CALIFORNIA FIRE CODE. Contra Costa County, the Crockett-Carquinez Fire Protection District, and the Contra Costa County Fire Protection District hereby adopt the 2022 California Fire Code (California Code of Regulations, Title 24, Part, 9 [based on the 2021 International Fire Code published by the International Code Council]), including Chapters 1-10 and 12-80, Appendix B, Appendix C, Appendix D, Appendix F, Appendix H, Appendix I, Appendix J, and Appendix K, as amended by the changes, additions, and deletions set forth in this ordinance. The 2022 California Fire Code, with the changes, additions, and deletions set forth this ordinance, is adopted by this reference as though fully set forth in this ordinance. As of the effective date of this ordinance, the provisions of the fire code are controlling and enforceable within the limits of each jurisdiction. SECTION 2. AMENDMENTS TO THE CALIFORNIA FIRE CODE. The 2022 California Fire Code is amended by the changes, additions, and deletions set forth in this Section 2. Chapter and Section numbers used below are those of the 2022 California Fire Code. Chapter 1. Scope and Administration. Section 101.1 is amended to read: 101.1 Title. This code is the Fire Code of Contra Costa County, the Crockett-Carquinez Fire Protection District, and the Contra Costa County Fire Protection District, and is hereinafter referred to as “this code.” Section 102.1 is amended to add item 5, to read: 5. Where not otherwise limited by law, the provisions of this code shall apply to vehicles, ships, and boats that are permanently affixed to a specific location within the boundaries of this jurisdiction. ORDINANCE NO. 2022-34 2 Section 105.5 is amended to read: 105.5 Required operational permits. The fire code official is authorized to issue operational permits for the operations set forth in Chapter 1, Sections 105.5.1 through 105.5.63. Section 105.5.33 is amended to read: 105.5.33 Motor Fuel Dispensing Facilities. An operational permit is required for the operation of automotive, marine, and fleet motor fuel dispensing facilities, including for sites that allow mobile fueling from a service provider to the general public , fueling of motor vehicles at approved locations from a tank vehicle and limited or temporary fueling operations for special events (fueling of watercraft from shore, piers, floats, or barges). Section 105.5.40 is amended to read: 105.5.40 Cannabis/Plant Extraction Related System(s)/Operations. An operational permit is required for any of the following cannabis/plant extraction related systems operations. 1. Cultivation 2. Plant Extraction Systems 3. Testing/Lab 4. Manufacturing 5. Distribution 6. Carbon Dioxide Systems or volatile solvent Section 105.5 is amended to read: 105.5.52 Wood products. An operational permit is required to store chips, hogged material, wood or other combustible pallets, lumber or plywood in excess of 200 cubic feet (6 m3). Section 105.5 is amended by adding Sections 105.5.55 through 105.5.63 to read: 105.5.55 Asbestos removal. A permit is required to conduct asbestos-removal operations regulated by Section 3319 105.5.56 Automobile Wrecking or Dismantling Yard. An operation permit is, required for all automobile wrecking yards, automobile dismantling operations, and similar operations. 105.5.57 Christmas tree sales. A permit is required to use a property for the purpose of selling cut Christmas trees 105.5.58 Firework aerial display. A permit is required to conduct a firework display regulated by California Code of Regulations, Title 19 and Chapter 56 of this code ORDINANCE NO. 2022-34 3 105.5.59 Model rockets. A permit is required to sell model rocket motors or launch model rockets pursuant to California Code of Regulations, Title 19, Division 1, Article 17. Permits issued in accordance with this section are for the site, and are effective as long as site conditions have not changed. 105.5.60 Temporary Occupancy. A permit is required for any temporary occupancy. 105.5.61 Temporary water supply. A permit is required to use a temporary water supply for construction of residential projects or subdivisions pursuant to Section 3313.1. 105.5.62 Tire storage. A permit is required to store more than 1,000 cubic feet (28.3m3) of tires inside buildings pursuant to Chapter 34. 105.5.63 Indoor Growing Operation. A permit is required to operate an indoor growing operation. Exception: Agricultural Greenhouses in an agricultural zone. Section 105.6 is amended to read: 105.6 Required construction permits. The fire code official is authorized to issue construction permits for the operations set forth in Chapter 1, Sections 105.6.1 through 105.6.29. Section 105.6 is amended by adding Sections 105.6.25 through 105.6.29 to read: 105.6.25 Access for fire apparatus. Plans shall be submitted and a permit is required to install, improve, modify, or remove public or private roadways, driveways, and bridges for which Fire District access is required by the Fire Code. 105.6.26 Construction, Substantial Alteration, Additions of a building for which a building permit is required. Plans shall be submitted to the fire code official for all land developments or for the construction, substantial alteration, additions or renovation of a building within the jurisdiction where a building permit is required. Exception: Non-sprinklered Group R-3 Occupancies where work does not involve a substantial addition or substantial alteration. 105.6.27 Land Development, Subdivisions. Plans shall be submitted to the fire code official for all land developments or improvements proposed within the jurisdiction that involve the subdivision of land. 105.6.28 Water supply for fire protection. Plans shall be submitted to the fire code official for the purpose of determining whether adequate water supplies, fire hydrants, and associated systems are provided for all facilities, buildings, or portions of buildings either constructed or moved into the District pursuant to Section 507. ORDINANCE NO. 2022-34 4 105.6.29 Land Development. Plans shall be submitted to the fire code official for all land developments or improvements proposed within the jurisdiction. Section 105.7 is added, to read: 105.7 Responsibility of permittee. Construction permits shall be presumed by the Fire District, Fire Department to incorporate all of the work that the applicant or the applicant's agent, employees, or contractors shall carry out. Work performed shall be in accordance with the approved plans and with all requirements of this code and any other laws or regulations applicable thereto. No Fire District approval shall relieve or exonerate any person from the responsibility of complying with the provisions of this code nor shall any vested rights be created for any work performed in violation of this code. Section 112.4 is amended to read: 112.4 Violation penalties. Every person who violates any provision of this fire code is guilty of an infraction or misdemeanor in accordance with Health and Safety Code Section 13871 and Government Code Section 53069.4. The imposition of one penalty for any violation shall not e xcuse the violation or permit to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. The application of the aforesaid penalty shall not be held to prevent the enforced removal of prohibited conditions. Chapter 2. Definitions. Section 202 is amended by adding the following definitions to that section: Administrator. Shall mean the Fire Chief Aerial Pre-Plans. An overhead layout of a parcel that contains structure(s) that identifies specific first responder related items to assist in effectively managing incidents and events for the protection of occupants, responding personnel, property, and the environment. The preplan shall be developed in accordance with a format approved by the AHJ. Preplan symbols shall comply with AHJ or the latest edition of NFPA 170 (Standard for Fire Safety and Emergency Symbols), and NFPA 1620 (Standard for Pre-Incident Planning). All-weather driving surface. A roadway with a minimum surface finish that is designed to carry the imposed weight loads of fire apparatus. Automobile Dismantling or Wrecking Yard . The operation of dismantling or removing parts from salvaged vehicles including engines or engine parts. ORDINANCE NO. 2022-34 5 Wrecking Yard. An area that stores or dismantles salvaged vehicles. Board of Directors. The Contra Costa County Board of Supervisors as the governing body of the Crockett-Carquinez Fire Protection District and the Contra Costa County Fire Protection District. Board of Fire Commissioners. An advisory commission appointed by the Board of Directors to act as set forth in this ordinance and by resolutions of the Board of Directors. Combustible Material. Rubbish, litter or material of any kind other than hazardous vegetation that is combustible and endangers the public safety by creating a fire hazard as determined by the fire code official. Defensible Space. The area adjacent to a structure or dwelling as determined by the fire code official where wildfire prevention or protection practices are implemented to provide the key point of defense from an approaching wildfire or to minimize the spread of a structure fire to wildlands or surrounding areas. Driveway. A private roadway that provides access to no more than two (2) single-family dwellings. Fire Apparatus Access Road. A road that provides fire apparatus access from a fire station to a facility, building or portion thereof. This is a general term that includes, but is not limited to a fire lane, public street, private street, driveway, parking lot lane, and access roadway. Fire Code Official. The Fire Chief or a duly authorized representative, or other person as may be designated by law, appointment or delegation and charged with the administration and enforcement of this code. Firebreak. A continuous strip of land upon and from which all combustible material hazardous vegetation or other growth has been removed to bare mineral soil to stop or prevent the extension of fire from one area to another. Fire Trail. A graded firebreak of sufficient width, surface, and design to provide access for personnel and equipment to suppress and to assist in preventing a surface extension of fires. Must be able to support the safe travel of a Type 3 Fire Apparatus. Fuel Break. A strategically located block or strip, on which a cover of dense, heavy, or combustible vegetation has been changed to one of lower fuel volume or reduced combustibility, as an aid to fire control. Fuel breaks require annual and recurring maintenance. Hazardous Vegetation. Vegetation that is combustible and endangers the public safety by creating a fire hazard including but not limited to seasonal and recurrent grasses, weeds, stubble, brush, dry leaves, dry needles, dead, dying or diseased trees and any other vegetation as determined by the ORDINANCE NO. 2022-34 6 fire code official. Key Box or Knox Box. (Underwriters Laboratory) UL "Listed" box, size and style, approved by the Fire Code Official or designee that meets the requirements and uses the same security k ey code adopted by the Fire Department Ladder Fuel. Fuel that provides vertical continuity between surface fuel and canopy fuel strata, increasing the likelihood that fire will carry from surface fuel into the crowns of shrubs and trees. Nuisance Fire Alarm. The activation of any fire protection or alarm system which results in the response of the Fire District and is caused by malfunction, improper maintenance, negligence, or misuse of the system by an owner, occupant, employee, or agent, or any other activation not caused by excessive heat, smoke, fire, or similar activating event. Ornamental Landscaping. Decorative plants growing within a tended garden or yard which are appropriately irrigated, maintained and located to provide aesthetic decoration and functional utility, such as privacy screening, shade, weed suppression and erosion control. The use of fire- resistant plants and the removal of fire hazardous vegetation will enhance fire safety. Person. Includes any agency of the county, city, distri ct or other local public agency and any individual, firm, association, partnership, business trust, corporations, limited liability company, or company. Public Nuisance. A declaration by the fire code official that the presence of combustible materials on any parcel creates a fire hazard or threat to public safety (Health and Safety Code 14875 and 14876) or any violation of this code. Priority Hazard Zone . An area where the threat from wildfire is severe due to proximity to open space, topography, degree of space, density of homes and/or amount of vegetation (native and ornamental), and/or other conditions favorable to fast moving fires. Response Time. The elapsed time from receipt of call to the arrival of the first unit on scene. Rubbish. Waste matter, litter, trash, refuse, debris, and dirt on streets or private property in the jurisdiction, which is or when dry may become a fire hazard. See combustible material. Rural Area. An area generally designated for agricultural or open space uses with parcels more than 10 acres (4.046873ha) in size. Rural Residential Area. An area generally designated for single-family residential use with parcels between three (1.2140619ha) and 10 (4.046873ha) acres in size. ORDINANCE NO. 2022-34 7 Sprinkler Alarm and Supervisory System (SASS). A Dedicated Function Fire Alarm System located at the protected premise installed specifically to monitor sprinkler water - flow alarm, valve supervisory, and general trouble conditions where a Building Fire Alarm is not required. Streets. Includes alleys, parkways, driveways, sidewalks, and areas between sidewalks and curbs, highways, public right of ways, private road, paper street and, easements. Substantial Addition. The addition of new gross floor area exceeds fifty percent of the existing gross floor area and the total new gross floor area is 5,000 square feet or greater. Substantial Alteration . Where fifty percent or greater of the linear length of the wall of the building (exterior and interior) and fifty percent of the roof are removed or replaced within a one-year period. Temporary Fire Department Access Road for Construction . An approved temporary roadway for emergency vehicle use during construction of residential subdivision projects. Temporary Fire Department Access Road for Construction of One (1) Residential (R3) Unit. A temporary roadway for emergency vehicle use during construction of an individual residential (R3) structure where a fire department access road is required as part of the project. Temporary Water Supply. Water stored for firefighting purposes in an approved aboveground tank during combustible construction. Tree Litter. Any limbs, bark, branches, and/or leaves in contact with other vegetation or left to gather on the ground. Weeds. All weeds growing upon streets or private property in the jurisdiction, including any of the following: 1. Weeds that bear seeds of a fluffy nature or are subject to flight. 2. Sagebrush, chaparral (including Chamise, Coyote Brush/Greasewood, Brooms, and Buckwheat), and any other brush or weeds that attain such large growth as to become, when dry, a fire menace to adjacent improved property. 3. Weeds that are otherwise noxious or dangerous; 4. Poison oak and poison sumac when the conditions of growth constitute a menace to public health. 5. Dry grass, brush, tree litter, litter, or other flammable materials that endanger the public safety by creating a fire hazard. ORDINANCE NO. 2022-34 8 Chapter 3. General Precautions Against Fire. Section 304.3.5 is added, to read: 304.3.5 Clothes Dryers. Clothes dryers shall be frequently cleaned to maintain the lint trap, mechanical and heating components, vent duct, and associated equipment free from accumulations of lint and combustible materials. Section 308.1.4, Exception 1 is amended to read: Exception 1. Residential Occupancies. Section 324 is added to Chapter 3, to read: SECTION 324 Exterior Fire Hazard Control. 324.1 Subsurface Fires. 324.1.1 Peat Fire. It is the duty of each person, firm, corporation, or association not to permit a peat fire ora fire involving combustible vegetable matters under the surface of the natural ground to remain upon the property. It is hereby declared that it is the duty of any person as herein defined to take all necessary precautions to extinguish any subsurface fire involving peat or vegetable material at the owner’s own cost and expense. 324.1.2 Fire Suppression Costs. If there exists upon the lands or property of any person as herein defined a subsurface fire involving the burning or combustion of peat, vegetable matter, or vegetation, and the owner or occupant thereof has not taken reasonable precautions within a reasonable time to extinguish or minimize such fire or combustion, the Fire District may, in addition to its regular duties to extinguish or minimize such fire or combustion, go upon the lands of any person as herein defined and extinguish such fire or combustion. Any costs incurred by the Fire District in fighting the fire and for the cost of proving rescue or emergency medical services shall be a charge against the property owner. The charge shall constitute a debt of the property owner and is collectable by the jurisdiction incurring those costs in the same manner as in the case of an obligation under a contract, express or implied. (See Health and Safety Code, §13009.) Section 325 is added to Chapter 3, to read: SECTION 325 Automobile Wrecking Yards. 325.1 General. The operation of automobile wrecking yards shall be in accordance with this section. 325.2 Definitions. The following terms are defined in Chapter 2: Automobile Dismantling Automobile Wrecking Yard ORDINANCE NO. 2022-34 9 325.3 Requirements. 325.3.1 Permits. An operational fire code permit is required as in Section 105.6.53. 325.3.2 Fire Apparatus Access Roads. Fire apparatus access roads shall be constructed throughout the site in accordance with this code and shall be maintained clear of all vehicles and stored items. 325.3.3 Welding and cutting. Welding and cutting operations shall be conducted in an approved location, clear of all flammable liquids and combustible materials, including weeds, tires, and all other debris. 325.3.4 Housekeeping. Combustible rubbish accumulated on site shall be collected and stored in approved containers, rooms, or vaults of noncombustible materials. Combustible vegetation, cut or uncut, shall be removed when determined by the fire code official to be a fire hazard. 325.3.5 Fire Protection. Offices, storage buildings, and vehicles used for site operations shall each be provided with at least one portable fire extinguisher with not less than a 4-A: 40-B-C rating. When required by the fire code official, additional fire extinguishers shall be provided. 325.3.6 Tire storage. Tires shall be stored in racks or in a manner as approved by the fire code official. 325.3.6.1 Distance from Water Supply. Tire storage shall be located on-site and no further than 500 feet from a fire hydrant or an approved water supply as determined by the fire code official. 325.3.7 Storage Piles. Storage piles shall be located a minimum of 20 feet from property lines and shall have an unobstructed access road on all sides of not less than 20 feet. 325.3.8 Burning operations. The burning of salvaged vehicles and salvaged or waste materials is prohibited. 325.3.9 Motor vehicle fluids. Motor vehicle fluid shall be drained from salvaged vehicles when such liquids are leaking onto the ground and prior to dismantling or removing engine/motor parts. 325.3.9.1 Mitigation of leaking fluids. Precautions shall be taken to prevent fluids from salvaged vehicles from leaking onto the ground. Supplies or equipment capable of mitigating leaks from fuel tanks, crankcases, brake systems, and transmissions shall be kept available on site. Single-use plugs, diking, and absorbent materials shall be disposed of as hazardous waste and removed from the site in a manner in accordance with federal, state, and local requirements. 325.3.10 Fuel tanks. Fuel tanks of salvaged vehicles shall be emptied of all flammable ORDINANCE NO. 2022-34 10 (gasoline, diesel) fuels in an approved manner and stored in approved tanks. 325.3.10.1 Repair of vehicle fuel tanks. The repair of fuel tanks, including cutting, welding, or drilling of any kind, is prohibited. 325.3.11 Lead acid batteries. Lead acid batteries shall be removed from all salvaged vehicles and stored in an approved manner in a location approved by the fire code official. Chapter 4. Emergency Planning and Preparedness. Section 401.5.1 is added to read: 401.5.1 Nuisance Fire Alarm. A fee may be charged for false/ or nuisance fire alarms in accordance with a fee schedule adopted by the Board of Directors. Section 401.10 is added to read: 401.10 Aerial Pre-Plans. For all new construction the fire official is authorized to require a fire aerial pre-plan to be prepared by an approved vendor at the cost of the developer. Section 401.11 is added to read 401.11 Standby Personnel. Where, in the opinion of the fire code official or Fire Chief, it is essential for public safety in a place of assembly, or any other place where people congregate, because of the number of persons, or the nature of the performance, exhibition, display, contest, or activity, the owner, agent, or lessee shall provide standby personnel as required and approved by the fire code official or Fire Chief. If the activity requires fire watch, fire watch shall be provided in accordance with Sections 403.11.1.1 and 403.11.1.2. Standby personnel needed for EMS standby shall be provided in accordance with Contra Costa County EMS Protocols. Chapter 5. Fire Service Features. Section 503.1.4 is added to read: 503.1.4 Access to open spaces. When access to open land/space or fire trail systems maintained for public or private use is obstructed by new development of any kind, the developer shall provide alternate acceptable access into the area that is sufficient to allow access for fire personnel and apparatus. The alternate means of access requires the approval of the fire code official. Section 503.1.5 is added to read: 503.1.5 Existing fire trail systems shall be maintained. When conditions make maintenance of existing trails impractical, alternate means of access shall be provided and requires approval by fire code official. ORDINANCE NO. 2022-34 11 Section 503.2.1 is amended by adding the following exception: Exception: A driveway with a minimum width of 16 feet is acceptable for access to one or two single- family dwellings. Section 505.3 is added, to read: 505.3 Street names and addressing. Street names and addressing shall be submitted for review and approval to the fire code official, whose approval will not be unreasonably withheld. The purpose of the review is to verify that new street names and addressing will not duplicate existing street names and addressing. Chapter 6. Building Services and Systems. Section 605.3.1 is added to read: 605.3.1 Spark Arrestors. All Chimneys attached to any appliance or fireplace that burns solid fuel shall be equipped with an approved spark arrestor per CBC 2113.9.2 Chapter 9. Fire Protection Systems. Section 901.6.3 is amended to read: 901.6.3 Records. Records of all system inspections, tests, and maintenance required by the reference standards shall be submitted to a third party electronic record keeping service as chosen by the fire district. Section 902.1 is amended to add: Substantial Addition. The addition of new gross floor area exceeds fifty percent of the existing gross floor area and the total new gross floor area is 5,000 square feet or greater. Substantial Alteration. Where fifty percent or greater of the linear length of the wall of the building (exterior and interior) and fifty percent of the roof are removed or replaced within a one- year period. Section 903.2.1.1 is amended to read: 903.2.1.1 Group A-1. An automatic sprinkler system shall be provided throughout stories containing Group A-1 occupancies and throughout all stories from the Group A-1 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists: 1. The fire area exceeds 5,000 square feet. 2. The fire area has an occupant load of 300 or more. ORDINANCE NO. 2022-34 12 3. The fire area is located on a floor other than a level of exit discharge serving such occupancies. 4. The fire area contains a multi-theater complex. Section 903.2.1.3 is amended to read: 903.2.1.3 Group A-3. An automatic sprinkler system shall be provided throughout stories containing Group A-3 occupancies and throughout all stories from the Group A-3 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists: 1. The fire area exceeds 5,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than a level of exit discharge serving such occupancies. 4. The structure exceeds 10,000 square feet, contains more than one fire area containing exhibition and display rooms, and is separated into two or more buildings by firewalls of less than 4-hour fire resistance rating without openings. Section 903.2.1.4 is amended to read: 903.2.1.4 Group A-4. An automatic sprinkler system shall be provided throughout stories containing Group A-4 occupancies and throughout all stories from the Group A-4 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists: 1. The fire area exceeds 5,000 square feet 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than a level of exit discharge serving such occupancies. Section 903.2.2 is amended in its entirety, to read: 903.2.2 Group B. An automatic sprinkler system shall be provided for Group B occupancies and intervening floors of the building where the fire area exceeds 5,000 square feet. 903.2.2.1 Ambulatory care facilities. An automatic sprinkler system shall be installed throughout the entire floor containing an ambulatory care facility where either of the following conditions exist at any time: 1. Four or more care recipients are incapable of self-preservation. 2. One or more care recipients that are incapable of self-preservation are located at other than the level of exit discharge serving such a facility. 3. In buildings where ambulatory care is provided on levels other than the level of exit discharge, an automatic sprinkler system shall be installed throughout the entire floor as well as all floors below where such care is provided, and all floors between the level of ambulatory care and the nearest level of exit discharge, the level of exit discharge, and all floors below the level of exit discharge. ORDINANCE NO. 2022-34 13 Exception: Floors classified as an open parking garage are not required to be sprinklered. Section 903.2.3 is amended to read: 903.2.3 Group E. An automatic sprinkler system shall be provided for Group E occupancies as follows: 1. Throughout all Group E fire areas greater than 2,000 square feet in area. Exception: An automatic sprinkler system is not required in any Group E Day Care Facility less than 5,000 square feet 2. The Group E fire area is located on a floor other than a level of exit discharge serving such occupancies. Exception: In buildings where every classroom has not fewer than one exterior exit door at ground level, an automatic sprinkler system is not required in any area below the lowest level of exit discharge serving that area. 3. The Group E fire area has an occupant load of 300 or more. 4. In rooms or areas with special hazards such as laboratories, vocational shops, and. other such areas where hazardous materials in quantities not exceeding the maximum allowable quantity are used or stored. 5. Throughout any Group E structure greater than 4,000 square feet in area, which contains more than one fire area, and which is separated into two or more buildings by fire walls of less than 4-hour fire resistance rating without openings. 6. For public school state-funded construction projects, see Section 903.2.19. 7. For public school campuses, Kindergarten through 12th grade, see Section 903.2.20. Section 903.2.4 is amended to read: 903.2.4 Group F-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following ·conditions exists: 1. A Group F-1 fire area exceeds 5,000 square feet. 2. A Group F-1 fire area is located more than three stories above grade plane. 3. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 10,000 square feet. 4. A Group F-1 occupancy used for the manufacture. of upholstered furniture or mattresses exceeding 2,500 square feet (232 m2). Section 903.2.4.4 is added to read: 903.2.4.4 Group F-2. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-2 occupancy greater than 5,000 square feet. Section 903.2.7 is amended to read 903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings ORDINANCE NO. 2022-34 14 containing a Group M occupancy where one of the following conditions exists: 1. A Group M fire area exceeds 5,000 square feet. 2. A Group M fire area is located more than three stories above grade plane. 3. The combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 10,000 square feet. 4. A Group M occupancy (is) used for the display and sale of upholstered furniture or mattresses exceeds 5,000 square feet. 5. The structure exceeds 5,000 square feet, contains more than one fire area containing a Group M occupancy, and is separated into two or more buildings by fire walls of less than 4-hour fire resistance rating without openings. Section 903.2.8 is amended to read: 903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all Group R occupancies. An automatic sprinkler system shall be installed in new manufactured homes, new mobile homes, and multifamily manufactured homes with two dwelling units, including those located in mobile home parks, in accordance with Title 25 of the California Code of Regulations. Section 903.2.8.1.1 is added, to read: 903.2.8.1.1 Group R-3 Substantial Addition or Alteration. An automatic sprinkler system shall be provided throughout all existing Group R-3 dwellings where either of the following occurs: 1. Substantial Addition. The addition of new gross floor area exceeds fifty percent of the existing gross floor area and the total new gross floor area is 3,600 square feet. 2. Substantial Alteration. Where fifty percent or greater of the linear length of the wall of the building (exterior and interior) and fifty percent of the roof are removed or replaced within a one-year period. Section 903.2.9 is amended to read: 903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists: 1. A Group S-1 fire area exceeds 5,000 square feet. 2. A Group S-1 fire area is located more than three stories above grade plane. 3. The combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds 10,000 square feet. 4. A Group S-1 occupancy used for the storage of commercial motor vehicles where the fire area exceeds 5,000 square feet. Section 903.2.9.1 is amended to read: ORDINANCE NO. 2022-34 15 903.2.9.1 Repair garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with Section 406.8 of the California Building Code, as shown: 1. Buildings having two or more stories above grade plane, including basements, with a fire area containing a repair garage exceeding 5,000 square feet. 2. Buildings not more than one story above grade plane, with a fire area containing a repair garage exceeding 5,000 square feet. 3. Buildings with repair garages servicing vehicles parked in basements. 4. A Group S-1 fire area used for the repair of commercial motor vehicles where the fire area exceeds 5,000 square feet. Section 903.2.10.1 is amended to read: 903.2.10 Group S-2 parking garages. An automatic sprinkler system shall be provided throughout buildings classified as parking garages where any of the following conditions exists: 1. Where the fire area of the enclosed parking garage, in accordance with Section 406.6 of the California Building Code, exceeds 5,000 square feet. 2. Where the enclosed parking garage, in accordance with Section 406.6 of the California Building Code, is located beneath other groups. Exception: Enclosed parking garages located beneath Group R-3 occupancies. 3. Where the fire area of the open parking garage, in accordance with Section 406.5 of the California Building Code, exceeds 48,000 square feet. Section 903.2.10.3 is added to read: 903.2.10.3 Group S-2 low hazard storage. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-2 occupancy exceeding 5,000 square feet. Exception: Open parking garages, including canopies and photovoltaic panel systems with open parking underneath, shall meet automatic sprinkler system requirements in accordance with the 2022 California Building Code and 2022 California Fire Code without local amendment. Section 903.3.1.1.4 is added to read: 903.3.1.1.4 Undeclared Use. In buildings of undeclared use with floor to structure height greater than 14 feet, the fire sprinkler system shall be designed to conform to Extra Hazard Group I design density. In buildings of undeclared use with floor to structure height less than .14 feet, the fire sprinkler system shall be designed to conform to Ordinary Group II design density. Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the owner 'and/or the occupant to upgrade the system. Section 903.3.1.3 is amended to read: 903.3.1.3 Sprinkler Systems for One and Two family dwellings. Automatic sprinkler systems ORDINANCE NO. 2022-34 16 for one- and two- family dwellings shall be permitted to be installed in accordance with section 903.3.1.3.1. Section 903.3.1.3.1 is added to read: 903.3.1.3.1 Pipe limitations. Where CPVC pipe is installed above the insulation or is otherwise located in an unconditioned space, such as in an attic space, or a garage without conditioned living space above, CPVC pipe shall be adequately insulated to a minimum R-19 value, or equivalent, or pipe shall be limited to Type K or L copper, or ferrous piping. Section 903.3.5.3 is added to read: 903.3.5.3 Non-permissible water supply storage. Swimming pools and ponds shall not be considered water storage for the purposes of Section 903.3.5. Section 903.3.9 is amended to read: 903.3.9. Floor control valves. Individual floor control valves and water flow detection assemblies shall be provided for each floor in multi-floor buildings at an approved location. Exception: Group R-3 and R-3.1 Occupancies. Section 903.4.2 is amended to read: 903.4.2 Alarms. One approved audible and visual device shall be connected to every automatic sprinkler system at an approved location. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Audible and visual alarm devices shall be provided on the exterior of the building in an approved location. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. Section 903.6.1 and 903.6.2 are added to read: 903.6.1 Substantial Addition. An automatic sprinkler system shall be provided throughout all existing R-3 Occupancy buildings where a substantial addition occurs and the total new gross floor area of the structure exceeds 3,600 square feet. Group R-3 substantial additions or alterations shall comply with Section 903.2.8.1.1. 903.6.2 Change of occupancy classification. Any existing building that undergoes a change of occupancy classification into a higher hazard category shall comply with the requirements of Section 903.2. Relative hazard categories of occupancy groups shall be established based upon the Heights and Areas Hazard Categories of Table 1011.5 of the current edition of the International Existing Building Code, as published by the International Code Council. The requirements of Section 903.2 shall not be required when a change of occupancy classification is made to an equal or lesser hazard category. Group L occupancies shall be considered a relative ORDINANCE NO. 2022-34 17 hazard of 1 (highest hazard). Section 907.4.4 is added to read: 907.4.4 Monitoring of other fire systems. In buildings equipped with a fire alarm system or sprinkler alarm and supervisory service (SASS) system, where other fire suppression or extinguishing systems are installed in the building (including, but not limited to commercial kitchen suppression systems, pre-action fire suppression systems, dry chemical systems, and clean agent systems), these other suppression systems shall be monitored by the SASS dedicated function fire alarm system and transmitted as a specific signal to the Central Station. The system shall be monitored in compliance with Section 907.6.6. Section 907.5.2.3.1 is amended to read: 907.5.2.3.1 Public and common areas. Visible alarm notification appliances shall be provided in public use areas and common use areas, including but not limited to: 1. Sanitary facilities including restrooms, bathrooms, shower rooms, and locker rooms. 2. Corridors, hallways, and aisles with shelving and/or fixtures obstructing the required light intensity for that area. 3. Music practice rooms. 4. Band rooms. 5. Gymnasiums. 6. Multipurpose rooms. 7. Occupational shops. 8. Occupied rooms where ambient noise impairs hearing of the fire alarm. 9. Lobbies. 10. Meeting/Conference rooms. 11. Classrooms. 12. Medical exam rooms. 13. Open office areas. 14. Sales floor areas. 15. Break or lunch rooms 16. Copy or work rooms. 17. Computer server rooms exceeding 200 sq. ft. 18. File or Storage rooms exceeding 200 sq. ft. Section 907.6.6 is amended to read: 907.6.6 Monitoring of fire alarm systems. A fire alarm system required by this chapter, or by the California Building Code, shall be monitored by a UL-listed Central Station service in accordance with NFPA 72 and this code. Exception: Monitoring by a UL-listed central station is not required for: 1. Single- and multiple-station smoke alarms required by Section 907.2.10. 2. Group 1-3 occupancies shall be monitored in accordance with Section 907.2.6.3. ORDINANCE NO. 2022-34 18 3. Residential Day Care Facilities (occupancy load of 14 or less). 4. One- and two-family dwellings. 5. Residential Care Facilities licensed by the state with an occupant load of 6 or less. 6. Occupancies with local fire alarm system that will give an audible and visible signal at a constantly attended location, as approved by the Fire Code Official. Section 907.6.7 is added to read: 907.6.7 Certification. New fire alarm systems shall be UL-Certified. A Certificate of Completion and other documentation as listed in NFPA 72 shall be provided for all new fire alarm system installations. It is the responsibility of the building owner or owner's representative to obtain and maintain a current and valid Certificate. Section 907.6.7.1 is added to read: 907.6.7.1 Posting of Certificate. The UL Certificate shall be posted in a durable transparent cover within three feet of the fire alarm control panel within 45 days of the final acceptance test/inspection. Chapter 10. Means of Egress. Section 1028.5.1 is added to read: 1028.5.1 Exit discharge surface. Exterior exit pathway surfaces shall be suitable for pedestrian use in inclement weather, and shall terminate at a public way as defined in the California Building Code. Chapter 33. Fire Safety During Construction and Demolition. Section 3303.1.2 is added to read: 3303.1.2 Amendments. Amendments may be required to an approved site safety plan if deemed necessary by both the building official and fire official, based on previous fires or hazards that occurred on site or occurring within the jurisdiction. Section 3303.1.3 is added to read: 3303.1.3 Site Security requirements. Site security requirements shall include the following if deemed necessary by both the building official and fire official: 1. Controlled access points 2. Site fencing, up to 12 feet in height with tamper sensors and security wires on top 3. Security guards, full-time 24/7 presence on-site, to perform fire watch and patrols 4. Detection check points located throughout the buildings for fire watch and patrol verification 5. Security camera coverage throughout the site with motion detection notifications ORDINANCE NO. 2022-34 19 6. Identify measures taken to prevent tampering with security cameras and motion sensors 7. Necessary lighting throughout the project site Section 3319 Asbestos Removal is added to read as follows: 3319.1 General. Operations involving removal of asbestos or asbestos-containing materials from buildings shall be in accordance with Section 3319. Exception: Section 3319 does not apply to the removal of asbestos from: 1. Pumps, valves, gaskets and similar equipment. 2. Pipes, ducts, girders or beams that have a length less than 21 linear feet (6400 mm). 3. Wall or ceiling panels that have an area of less than 10 square feet (0.93 m2) or a dimension of less than 10 linear feet (3048 mm). 4. Floor tiles when their removal can be completed in less than four hours. 5. Group R-3 occupancies. 3319.2 Notification. The fire code official shall be notified 24 hours prior to the commencement and closure of asbestos-removal operations. The permit applicant shall notify the building official when asbestos abatement involves the removal of materials that were used as a feature of the building's fire resistance. 3319.3 Plastic Film. Plastic film that is installed on building elements shall be flame resistant as required for combustible decorative material, in accordance with Section 807. 3319.4 Signs. Approved signs shall be posted at the entrance, exit and exit-access door, decontamination areas and waste disposal areas for asbestos-removal operations. The signs shall state that asbestos is being removed from the area, that asbestos is a suspected carcinogen, and that proper respiratory protection is required. Signs shall have a reflective surface. Lettering shall be a minimum of2 inches (51 mm) high. Chapter 50. Hazardous Materials - General Provisions. Section 5001.5.1 is amended to add item number 10 and 11 to read as follows: 10. Fire Department related safety equipment A. Fire alarm control panel (FACP) B. Sprinkler riser C. Fire department connection (FDC) D. Knox Box location E. Gas valve shutoff F. Electrical main shutoff G. Water shutoff H. Elevator equipment room 11. A Site Fire/Explosion/Hazardous Material Release Analysis Assessment. A Fire Protection Engineer (FPE) stamped risk assessment is required for each possible hazard risk associated ORDINANCE NO. 2022-34 20 with fire, explosion, smoke, and toxicity associated with the possible incident at a facility that is identified as a bulk transfer/process/storage facility. Refer to NFPA 550 & 551 for references. Section 5001.5.3 is added to read: 5001.5.3 Emergency response support information. Floor plans, material safety data sheets, Hazardous Materials Management Plans (HMMP), Hazardous Material Inventory Statements (HMIS), and other information must be stored at a readily accessible location; as determined by the fire code official. This location may be in cabinets located outside of facilities or buildings. Information may be required to be maintained in a specific electronic media format to facilitate computer aided dispatching. Section 5003.9.1.2 is added to read: 5003.9.1.2 Documentation. Evidence of compliance with provisions of this chapter as well as with state and federal hazardous material regulations shall be maintained on site and available for inspection by fire department personnel. Chapter 56. Explosives and Fireworks. Section 5601.1.3 is amended to read as follows: 5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited within jurisdiction of the District. Exceptions: 1. Storage and handling of fireworks by a Public Safety Agency. 2. The use of fireworks for fireworks displays pyrotechnics before a proximate audience and pyrotechnic special effects in motion pictures, television, theatrical or group entertainment productions as allowed in Title 19, Division 1, Chapter 6 Fireworks reprinted in Section 5608 and Health and Safety Code Division 11. 3. Snap Caps and Party Poppers classified by the State Fire Marshal as pyrotechnic devices. Section 5601.2.2 is amended to read as follows: 5601.2.2 Sale and retail display. No person shall construct a retail display or offer for sale any explosives, explosive materials, or fireworks within the jurisdiction. Exception: Snap Caps and Party Poppers classified by the State Fire Marshal as pyrotechnic devices. Section 5601.2.4 is amended to read as follows: 5601.2.4 Financial responsibility. Before a permit is issued pursuant to Section 5601.2, the applicant shall file with the jurisdiction a corporate surety bond in the principal sum of $2,000,000 or a public liability insurance policy for the same amount, for the purpose of the payment of all damages to persons or property which arise from, or are caused by, the ORDINANCE NO. 2022-34 21 conduct of any act authorized by the permit upon which any judicial judgment results. The fire code official is authorized to specify a greater or lesser amount when, in his or her opinion, conditions at the location of use indicate a greater or lesser amount is required. Government entities shall be exempt from this bond requirement. Exception: Fireworks in accordance with California Code of Regulations, Title 19, Division 1, Chapter 6. See Section 5608 Chapter 57. Flammable and Combustible Liquids. Section 5703.3.1 is added to read: 5703.3.1 Facility site Fire/Explosion/Hazardous Material Release Analysis Assessment. A Fire Protection Engineer (FPE) stamped risk assessment is required for each possible hazard risk associated with fire, explosion, smoke, and toxicity associated with the possible incident at a facility that is identified as a bulk transfer/process/storage facility when required by the fire official. Refer to NFPA 550 & 551 for references. Section 5704.2.9.6.1 is amended to read as follows: Section 5704.2.9.6.1 Locations where above-ground tanks are prohibited. The storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited in all zoning districts except districts zoned for commercial, industrial, or agricultural uses. Exception: Protected above-ground tanks for the purpose of emergency power generator installations in areas zoned commercial, industrial, agricultural, business district, rural or rural residential, and for facilities on an individual basis consistent with the intent of this provision. Tank size shall not exceed 1,000 gallons for any class of liquids. Section 5706.2.4.4 is amended to read: Section 5706.2.4.4 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks is prohibited in all zoning districts except district zoned for commercial, industrial, or agricultural uses. Exception: Protected above-ground tanks for the purpose of emergency power generator installations in areas zoned commercial, industrial, agricultural, business district, rural or rural residential, and for facilities on an individual basis consistent with the intent of this provision. Tank size shall not exceed 1,000 gallons for any class liquids. Chapter 58. Flammable Gasses and Flammable Cryogenic Fluids Section 5806.2 is amended to read as follows: 5806.2 Limitation. The storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited in any area which is zoned for other than industrial use. ORDINANCE NO. 2022-34 22 Exception: Liquid hydrogen fuel systems in compliance with Section 5806.3 or 5806.4. Chapter 61. Liquefied Petroleum Gases. Section 6103.2.1.7 is amended to read: 6103.2.1.7 Use for food preparation. Individual portable L-P containers used, stored, or handled inside a building classified as a Group A, Group B, or Group M occupancy for the purposes of cooking, food display, or a similar use, shall be limited in size to one quart capacity and shall be of an approved type. The number of portable containers permitted will be at the discretion of the fire code official. LP-gas appliances used for food preparation shall be listed for such use in accordance with the California Mechanical Code and NFPA 58. Section 6104.2 is amended to read: 6104.2 Maximum capacity within established limit. The storage of liquefied petroleum gas is prohibited in any central business district and in all zoning districts except districts zoned for commercial, industrial, rural, or agricultural uses. The aggregate capacity of any one installation used for the storage of liquefied petroleum gas shall not exceed a water capacity of 2,000 gallons (7570 L). Chapter 80. Referenced Standards. Chapter 80 is amended by adding the following referenced standards: NFPA 3 (2021): Recommended Practice for Commissioning of Fire Protection and Life Safety Systems NFPA 850 (2020): Recommended Practice for Fire Protection for Electric Generating Plants and High Voltage Direct Current Converter Stations Chapter 80 is further amended by amending the NFPA 13D (2022) (Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes) standard as follows: Section 7.7.1 is added, to read: 7.7.1 Where CPVC pipe is installed above the normal insulation in an unconditioned space, such as in an attic space, or a garage without conditioned living space above, CPVC pipe shall be adequately insulated to a minimum R-19 value, or equivalent, or pipe shall be limited to Type K or L copper, or ferrous piping. Section 8.3.5.1.2 is amended to read: 8.3.5.1.2 Where fuel-fired equipment is below or on the same level as occupied areas of the dwelling unit, at least one quick-response intermediate temperature sprinkler shall be installed ORDINANCE NO. 2022-34 23 above the equipment or at the wall separating the space with the fuel-fired equipment from the occupied space. In unconditioned spaces, CPVC pipe shall be adequately insulated to a minimum R-19 value, or equivalent, or pipe shall be limited to Type Kor L copper, or ferrous piping. Appendix B. Fire-Flow Requirements for Buildings. Table B105.2 is amended to read: TABLE B105.2 Required Fire-Flow for Buildings Other Than One- and Two-Family Dwellings, Group R-3 and R-4 Buildings and Townhouses AUTOMATIC SPRINKLER SYSTEM (DESIGN STANDARD) MINIMUM FIRE-FLOW (GALLONS PER MINUTE) FLOW DURATION (HOURS) No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) Section 903.3.1.1 of the California Fire Code 50% of the value in Table B105.1(2)a Duration in Table B105.1(2) at the reduced flow rate Section 903.3.1.2 of the California Fire Code 50% of the value in Table B105.1(2)a Duration in Table B105.1(2) at the reduced flow rate For SI: 1 gallon per minute= 3.785 Lim a. The reduced fire-flow shall be not less than 1,500 gallons per minute. Appendix C. Fire Hydrant Locations and Distribution. Table C102.1 is amended as follows: The title of Table C102.1 is amended to read: TABLE C102.1 REQUIRED NUMBER AND SPACING OF FIRE HYDRANTS (footnote h and J) The heading of the fourth column of Table C102.1 is amended to read: MAXIMUM DISTANCE FROM ANY POINT ON STREET OR ROAD FRONTAGE TO A HYDRANT (d, f, g, i) ORDINANCE NO. 2022-34 24 Footnotes "i" and "j" are added to Table C102.1, to read: i. A fire hydrant shall be provided within 250 feet of a fire trail access point off a public or private street. j. For infill projects within existing single-family residential developments, Section 507.5.1 applies. Appendix D. Fire Apparatus Access Roads. Section D102.1 is amended to read: D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete, or other approved all -weather driving surface capable of supporting the imposed load of fire apparatus weighing at least 74,000 pounds (34,473 kg) in accordance with Caltrans Design Standard HS- 20- 44. Exception: Driveways serving one or two single-family dwellings may be constructed of an alternate surface material, providing the imposed weight load design minimums are met and the grade does not exceed 10 percent. Section D103.2 is amended to read: D103.2 Grade. Fire department access roadways having a grade of between 16 percent and 20 percent shall be designed to have a finished surface of grooved concrete sufficient to hold a 44,000 pound (19 958 kg) traction load. The grooves in the concrete surface shall be ½ inch (13 mm) wide by ½ inch (13 mm) deep and 1 ½ inch (38 mm) on center and set at a 30 to 45-degree angle across the width of the roadway surface. No grade shall exceed 20 percent, nor shall the cross slope exceed 8%, unless authorized in writing by the fire code official. Section D103.2.1 is added to read: D103.2.1 Angles of approach and departure. The angles of approach and departure for any means of access shall not exceed 10 percent at 10 feet of the grade break. Section D103.3 is amended to read: D103.3 Turning radius. Based on a minimum unobstructed width of 20 feet, a fire apparatus access roadway shall be capable of providing a minimum standard turning radius of 25 feet (7620 mm) inside and 45 feet (13 716 mm) outside. ORDINANCE NO. 2022-34 25 Figure D103.1 is amended to read: Table D103.4 is amended to read: Table D103.4 REQUIREMENTS FOR DEAD-END FIRE APPARATUS ACCESS ROADS LENGT H (feet) MINIMU M WIDTH (feet) . TURNAROUNDS REQUIRED 0-150 20a None required 151 - 750 20a 100-foot Hammerhead, SO-foot "Y", 75-foot Shunt or 90-foot- diameter cul-de-sac in accordance with figure D103.1 Over 750 Special approval required b a. A driveway with a minimum width of 16 feet is acceptable for access to no more than two single-family dwellings. ORDINANCE NO. 2022-34 26 b. Any fire apparatus access roadway or driveway that is approved to be less than 20 feet wide and to exceed 750 feet in length shall have outsets or turnouts every 300 feet along the length of the road or driveway, or at locations approved by the fire code official. Each outset or turnout shall be of the following dimensions: an 8-foot-wide turnout that extends at least 40 feet in length. Section D103.5 is amended as follows: Criteria 1 of Section D103.5 is amended to read: 1. The minimum clear width shall be 20 feet (6096mm). Exception: For access to one or two single-family dwellings, 16 feet clear width is acceptable. Criteria 9 is added to Section D103.5, to read: 9. All gates shall be installed and located a minimum of 30 feet off the street. Section D103.6.1 is amended to read: D103.6.1 Roads less than 28 feet in width. Fire apparatus access roads less than 28 feet wide shall be posted on both sides as a fire lane. Section D103.6.2 is amended to read: D103.6.2 Roads 28 feet in width or greater, but less than 36 feet in width. Fire apparatus access roads 28 feet wide or greater, but less than 36 feet wide, shall be posted on one side of the road as a fire lane. Section D106.1 is amended by deleting the exception and to read: D106.1 Projects having more than 100 dwelling units. Multiple-family residential projects having more than 100 dwelling units shall be provided with two separate and approved fire apparatus access roads and shall meet the requirements of Section D104.3. Section D106.2 is deleted in its entirety. ORDINANCE NO. 2022-34 27 SECTION 3. REPEAL OF FIRE CODE. Ordinance No. 2019-37, adopting the 2019 California Fire Code with amendments, is hereby repealed. SECTION 4. REFERENCES TO PRIOR CODE. Unless superseded and expressly repealed, references in City forms, documents, and regulations to the chapters and sections of the Fire Code of Contra Costa County, the Crockett- Carquinez Fire Protection District, and the Contra Costa County Fire Protection District, 2019, shall be construed to apply to the corresponding provisions contained within the Fire Code of Contra Costa County, the Crockett-Carquinez Fire Protection District, and the Contra Costa County Fire Protection District, 2022. Ordinance 2019-37 and all other ordinances or parts of ordinances in conflict herewith are hereby superseded and expressly repealed. SECTION 5. VALIDITY. The Contra Costa County Board of Supervisors declares that if any section, paragraph, sentence, or word of this ordinance or of the 2022 California Fire Code as adopted and amended herein is declared for any reason to be invalid, it is the intent of the Contra Costa County Board of Supervisors that it would have passed all other portions or provisions of this ordinance independent of the elimination here from any portion or provision as may be declared invalid. SECTION 6. MORE RESTRICTIVE REQUIREMENTS. If requirements are more restrictive than those in this fire code are adopted by the city of Antioch, Bay Point, Bethel Island, Brentwood, Byron, Clayton, Concord, Discovery Bay, Knightsen, Lafayette, Martinez, Oakley, Pittsburg, Pleasant Hill, San Pablo, or Walnut Creek, or the County of Contra Costa, those requirements will apply only within the jurisdiction adopting those requirements. SECTION 7. EFFECTIVE DATE. This ordinance becomes effective on January 1, 2023 or 30 days after passage, whichever is later. Within 15 days of passage, this ordinance shall be published once in the East Bay Times, a newspaper published in this County. This ordinance shall be published in a manner satisfying the requirements of Government Code Section 25124, with the names of supervisors voting for and against it. ORDINANCE NO. 2022-34 28 Passed on , by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Monica Nino _________________________ Clerk of the Board of Supervisors Board Chair and County Administrator By: ______________________ [SEAL] Deputy CONTRA COSTA COUNTY, CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT, AND CROCKETT-CARQUINEZ FIRE PROTECTION DISTRICT FINDINGS IN SUPPORT OF AMENDMENTS TO THE 2022 CALIFORNIA BUILDING STANDARDS CODE, TITLE 24, PART 9, CALIFORNIA FIRE CODE The California Building Standards Commission has adopted and published the 2022 California Fire Code. The purpose of the code is to regulate and govern the safeguarding of life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substances, materials, and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises. Health and Safety Code section 17958.5 and 18941.5 authorize a local jurisdiction to modify or change the statewide codes and establish more restrictive building standards if the jurisdiction finds that the modifications and changes are reasonably necessary because of local climatic, geological, or topographical conditions. Ordinance No. 2022-34 adopts the 2022 California Fire Code and amends it to address local conditions. Pursuant to Sections 17958.5 and 17958.7 of the Health and Safety Code, the Contra Costa County Board of Supervisors, in its capacity as the Board of Supervisors and the Board of Directors of the Contra Costa County Fire Protection District and the Crockett-Carquinez Fire Protection District, finds that the more restrictive standards contained in Ordinance No. 2022-34 are reasonably necessary because of certain local climatic, geological, and topographic conditions that are described below. Local Conditions A. Climatic 1. Precipitation and Relative Humidity (a) Conditions Precipitation ranges from 15 to 24 inches per year with an average of approximately 20 inches per year. 96% of precipitation falls during the months of October through April and four percent from May through September. This is a dry period of at least five months each year. Additionally, the area is subject to occasional drought. Relative humidity remains in the middle range most of the time. It ranges from 45-65% during spring, summer, fall, and from 60-90% in the winter. It occasionally falls as low as 15%. (b) Impact Locally experienced dry periods cause extreme dryness of untreated wood shakes and shingles on buildings and non-irrigated grass, brush, and weeds, which are often near buildings with wood roofs and sidings. Such dryness causes these materials to ignite very readily and burn rapidly and intensely. Because of dryness, a rapidly burning grass fire or exterior building fire can quickly transfer to other buildings by means of radiation or flying brands, sparks, and embers. A small fire can rapidly grow to a magnitude beyond the control capabilities of the Fire District resulting in an excessive fire loss. 2. Temperature (a) Conditions Temperatures have been recorded as high as 114° F. Average summer highs are in the 90° range, with average maximums of 105° F. (b) Impact High temperatures cause rapid fatigue and heat exhaustion of firefighters, thereby reducing their effectiveness and ability to control large building and wildland fires. Another impact from high temperatures is that combustible building material and non-irrigated weeds, grass, and brush are preheated, thus causing these materials to ignite more readily and burn more rapidly and intensely. Additionally, the resultant higher temperature of the atmosphere surrounding the materials reduces the effectiveness of the water being applied to the burning materials. This requires that more water be applied, which in turn requires more Fire District resources in order to control a fire on a hot day. High temperatures directly contribute to the rapid growth of fires to an intensity and magnitude beyond the control capabilities of the Fire District. 3. Winds (a) Conditions Prevailing winds in the area are from the south or southwest in the mornings and from the north or northwest in the afternoons. However, winds are experienced from virtually every direction at one time or another. Velocities are generally in the 14 mph to 23 mph ranges, gusting to 25 to 35 mph. 40 mph winds are experienced occasionally and winds up to 55 mph have been registered locally. During the winter half of the year, strong, dry, gusty winds from the north move through the area for several days creating extremely dry conditions. (b) Impact Winds such as those experienced locally can and do cause fires, both interior and exterior, to burn and spread rapidly. Fires involving non-irrigated weeds, grass, and brush can grow to a magnitude and be fanned to intensity beyond the control capabilities of the Fire District very quickly even by relatively moderate winds. During wood shake and shingle roof fires, or exposure fires, winds can carry sparks and burning brands to other structures, thus spreading the fire and causing conflagrations. When such fires are not controlled, they can extend to nearby buildings, particularly those with untreated wood shakes or shingles. In building fires, winds can literally force fires back into the building and can create a blow torch effect, in addition to preventing “natural” ventilation and cross-ventilation efforts. Winds of the type experienced locally also reduce the effectiveness of exterior water streams used by the Fire District on fires involving large interior areas of buildings, fires which have vented through windows and roofs due to inadequate built-in fire protection and fires involving wood shake and shingle building exteriors. Local winds will continue to be a definite factor towards causing major fire losses to buildings not provided with fire resistive roof and siding materials and buildings with inadequately separated interior areas or lacking automatic fire protection systems. National statistics frequently cite wind conditions, such as those experienced locally, as a major factor where conflagrations have occurred. B. Geological and Topographic 1. Seismicity (a) Conditions Contra Costa County is located in Seismic Risk Zone 4, which is the worst earthquake area in the United States. Buildings and other structures in Zone 4 can experience major seismic damage. Contra Costa County is in close proximity to the San Andreas Fault and contains all or portions of the Hayward, Calaveras, Concord, Antioch, Mt. Diablo, and other lesser faults. A 4.1 earthquake with its epicenter in Concord occurred in 1958, and a 5.4 earthquake with its epicenter also in Concord occurred in 1955. The Concord and Antioch faults have a potential for a Richter 6 earthquake and the Hayward and Calaveras faults have the potential for a Richter 7 earthquake. Minor tremblers from seismic activity are not uncommon in the area. The fire environment of a community is primarily a combination of two factors: the area’s physical geologic characteristics and a historic pattern of urban-suburban development. These two factors, alone and combined, create a mixture of environments which ultimately determines the area’s fire protection needs. The Fire District has 3 distinct areas. They are: the West, which includes the City of San Pablo and the communities of North Richmond, El Sobrante, and East Richmond Heights: the Central, which includes the Cities of Lafayette, Martinez, Pleasant Hill, Concord, Walnut Creek, Clayton, and the communities of Clyde, Pacheco, Alhambra Valley, and Alamo; and the East, which includes the Cities of Antioch and Pittsburg and the community of Bay Point. Because of the size of the Contra Costa County Fire Protection District (304 square miles), the characteristics of the fire environment changes from one location to the next. Therefore the District has not one, but a number of fire environments, each of which has its individual fire protection needs from two major oil refineries, to heavy industrial facilities, freeways, rail lines, waterways, port facilities, wildland areas, urban and suburban town settings, and major downtown areas. Interstates 80 and 680, State Highways 4, 24, and 242, Bay Area Rapid Transit District (BART), and major thoroughfares travel throughout the District. There are 2 major rail lines which run through the District. An overpass or underpass crossing collapse would alter the response route and time for responding emergency equipment. This is due to the limited crossings of the major highways and rail lines. Earthquakes of the magnitude experienced locally can cause major damage to electrical transmission facilities, which, in turn, cause power failures while at the same time starting fires throughout the Fire District. The occurrence of multiple fires will quickly deplete existing fire district resources; thereby reducing and/or delaying their response to any given fire. Additionally, without electrical power, elevators, smoke management systems, lighting systems, alarm systems, and other electrical equipment urgently needed for building evacuation and fire control in large buildings without emergency generator systems would be inoperative, thereby resulting in loss of life and/or major fire losses in such buildings. (b) Impact A major earthquake could severely restrict the response of the Fire District and its capability to control fires involving buildings of wood frame construction, with ordinary wood shake and shingle exteriors, or with large interior areas not provided with automatic smoke and fire control systems. 2. Soils (a) Conditions The area is replete with various soils, which are unstable, clay loam and alluvial fans being predominant. These soil conditions are moderately to severely prone to swelling and shrinking, are plastic, and tend to liquefy. Throughout the Fire District, the topography and development growth has created a network of older, narrow roads. These roads vary from gravel to asphalt surface and vary in percent of slope, many exceeding twenty (20) percent. Several of these roads extend up through the winding passageways in the hills providing access to remote, affluent housing subdivisions. Many of these roads are private with no established maintenance program. During inclement weather, these roads are subject to rock and mudslides, as well as down trees, obstructing all vehicle traffic. It is anticipated that during an earthquake, several of these roads would be practically impassable. 3. Topographic (a) Conditions (i) Vegetation The service area of the Contra Costa County Fire Protection District has a varied topography and vegetative cover. A conglomeration of flat lands, hills, and ridges make up the terrain. Development has occurred on the flat lands in the District and in the past 15 years development has spread into the hills, valleys, and ridge lands of the District. Highly combustible dry grass, weeds, and brush are common in the hilly and open space areas adjacent to built-up locations six to eight months of each year. Many of these areas frequently experience wildland fires, which threaten nearby buildings, particularly those with wood roofs, or sidings. This condition can be found throughout the Fire District, especially in those fully developed areas and those areas marked for future development. (ii) Surface Features The arrangement and location of natural and manmade surface features, including hills, creeks, canals, freeways, housing tracts, commercial development, fire stations, streets, and roads, combine to limit efficient response routes for Fire District resources into and through many areas. (iii) Buildings, Landscaping and Terrain Many of the “newer” large buildings and building complexes have access and landscaping features or designs which preclude, or greatly limit, efficient approach or operational access to them by Fire District vehicles. In addition, the presence of security gates, roads of inadequate width and grades which are too steep for Fire District vehicles create an adverse impact on fire suppression efforts. When Fire District vehicles cannot gain access to buildings involved with fire, the potential for complete loss is realized. Difficulty reaching a fire site often requires additional fire personnel and resources to successfully and safely mitigate the event. Access problems often result in severely delaying, misdirecting, or making fire and smoke control efforts unsuccessful. (b) Impact The above local geological and topographical conditions increase the magnitude, exposure, accessibility problems, and fire hazards presented to the Contra Costa County Fire Protection District. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number, should a significant seismic event occur. Public Safety resources would have to be prioritized to mitigate the greatest threat, and may likely be unavailable for smaller single dwelling or structure fires. Other variables may intensify the situation: 1. The extent of damage to the water system. 2. The extents of isolation due to bridge and/or freeway overpass collapse. 3. The extent of roadway damage and/or amount of debris blocking the roadways. 4. Climatic conditions (hot, dry weather with high winds). 5. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours. 6. The availability of timely mutual aid or military assistance. 7. The large portion of dwellings with wood shake or shingles coverings could result in conflagrations. Necessity for More Restrictive Standards Because of the conditions described above, the Contra Costa County Board of Supervisors , in its capacity as the Board of Supervisors and the Board of Directors of the Contra Costa County Fire Protection District and the Crockett-Carquinez Fire Protection District, finds that there are building and fire hazards unique to Contra Costa County that requires the increased fire protection requirements set forth in Ordinance No. 2022-34. The ordinance amends Chapter 1 (Scope and Administration) of the statewide Fire Code by requiring a permit for certain activities and operations that pose fire hazards. The ordinance amends Chapter 2 (Definitions) to provide clarity on wildland firefighting and preparedness terminology. The ordinance amends Chapter 4 of the statewide Fire Code (Emergency Planning and Preparedness) to require standby EMS personnel for large events as well as standby fire personnel to account for the fact that the fire district is both the local fire and EMS provider. The ordinance amends the statewide Fire Code by reducing the square footage thresholds found in Chapter 9 (Fire Protection and Life Safety Systems) for installation of automatic fire sprinkler systems in most commercial buildings and in private and charter schools. The definition of Substantial Addition and Alteration is also changed to align with the other fire districts for consistency on the interpretation. The ordinance amends Chapter 5 (Fire Service Features) and Appendix D (Fire Apparatus Access Roads) of the statewide Fire Code to establish requirements for fire apparatus access roads. The ordinance amends Chapter 33 (Fire Safety During Construction and Demolition) to define the additional site security requirements that could be required if deemed necessary by the building official and fire official from arson fires or hazards occurring within the jurisdiction. The ordinance also amends Chapter 50 (Hazardous Materials) and Chapter 57 (Flammable and Combustible Liquids) provides the ability to the fire official to require a risk assessment stamped by a fire protection engineer, if the facility manager is unable to provide accurate risk assessment of the facility to include all hazardous materials stored onsite. RECOMMENDATION(S): REAPPOINT Noe Gudino to the Low Income Seat No. 2 on the Economic Opportunity Council for a term ending June 30, 2024, as recommended by the Employment and Human Services Director. FISCAL IMPACT: There is no fiscal impact. BACKGROUND: This board order will accept the appointment renewal of Noe Gudino to the Low Income Seat No. 2 on the EOC with a term expiring June 30, 2024. The original appointment was approved by the EOC in a June 11, 2020 teleconference meeting. Noe Gudino was originally appointed to this seat for July 28, 2020 to June 30, 2022. The EOC is a tripartite advisory board to the Board of Supervisors and the Community Services Bureau of the Employment and Human Services Department for administration of the Community Services Block Grant (CSBG). The duties and responsibilities of the EOC include: reviewing fiscal and programmatic reports submitted by Community Services Bureau (CSB) staff; reviewing performance of Community Services Block Grant contractors and the Weatherization APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS Contact: elaine Curres 608-4960 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: , Deputy cc: C. 15 To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Date:October 18, 2022 Contra Costa County Subject:Economic Opportunity Council Board Member Reappointment BACKGROUND: (CONT'D) program services; selecting EOC officers and appointing members to committees; making recommendations to the County Board of Supervisors on all proposals and budgets related to Community Services Block Grant and Weatherization programs; and requiring and receiving budget and other reports prepared by CSB staff every other month along with an Annual Report. CONSEQUENCE OF NEGATIVE ACTION: The EOC may not be able to conduct routine business. CLERK'S ADDENDUM RELISTED to a future date uncertain. RECOMMENDATION(S): APPOINT Emil Geddes to the Trustee 2 seat on the Byron-Brentwood-Knightsen Union Cemetery District for term ending December 31, 2026, as recommended by Supervisor Diane Burgis. FISCAL IMPACT: None BACKGROUND: The Trustee 2 seat term was up on December 31, 2021. Applications were accepted and the recommendation to appoint the above individual was then determined. CONSEQUENCE OF NEGATIVE ACTION: None APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Alicia Nuchols, 925-655-2335 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 16 To:Board of Supervisors From:Diane Burgis, District III Supervisor Date:October 18, 2022 Contra Costa County Subject:APPOINTMENT TO THE BYRON-BRENTWOOD-KNIGHTSEN UNION CEMETERY DISTRICT RECOMMENDATION(S): APPOINT Michelle Parkinson, Alamo resident, to the Alternate Seat of the Alamo Municipal Advisory Council for a term with an expiration date of December 31, 2024, as recommended by Supervisor Candace Andersen. FISCAL IMPACT: NONE BACKGROUND: The Alamo MAC may advise the Board of Supervisors on services that are or may be provided to the Alamo community by Contra Costa County or other local government agencies. Such services include, but are not limited to, parks and recreation, lighting and landscaping, public health, safety, welfare, public works, code enforcement, land use and planning, transportation and other infrastructure. The Council may also provide input and reports to the District Supervisor, Board of Supervisors, County staff or any County hearing body on issues of concern to the community. The Council may represent the Alamo community before the Board of Supervisors, County Planning Commission and the Zoning Administrator. The Council may APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jill Ray, 925-655-2300 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: District 2 Supervisor, Maddy Book, Alamo MAC, Appointee C. 17 To:Board of Supervisors From:Candace Andersen, District II Supervisor Date:October 18, 2022 Contra Costa County Subject:APPOINTMENT TO THE ALAMO MUNICIPAL ADVISORY COUNCIL BACKGROUND: (CONT'D) also represent the Alamo community before the Local Agency Formation Commission on proposed boundary changes effecting the community. The Council may advocate on parks and recreation issues to the Town of Danville and the San Ramon Valley Unified School District. Supervisor Andersen advertised the vacancy, received three applications, met with all applicants, and has selected Ms. Parkinson to fill the Alternate Seat. CONSEQUENCE OF NEGATIVE ACTION: The seat will remain vacant. CHILDREN'S IMPACT STATEMENT: NONE RECOMMENDATION(S): APPROVE Appropriation Adjustment No. 5010 authorizing the transfer of current year appropriations in the amount of $215,000 from the Employment and Human Services Department (EHSD) and the Probation Department to the Public Works Department for two capital projects, as recommended by the Employment and Human Services Director. FISCAL IMPACT: EHSD and Probation Department appropriations will be reduced by $215,000 and transferred to Public Works for Capital Projects. This consists of 100% County budgeted funds and no additional County general fund costs will result from these adjustments. BACKGROUND: The Public Works Department has identified the need of upgrades and repairs for County-owned buildings including: 4545 Delta Fair in Antioch and 1305 Macdonald Dr. in Richmond. Total costs are estimated at $215,000. CONSEQUENCE OF NEGATIVE ACTION: Appropriations will not be properly allocated and much needed repairs ensuring the safety of County staff and clients will not be completed. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Erik Brown, 925-608-4832 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Antonia Welty, Deputy cc: C. 18 To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Date:October 18, 2022 Contra Costa County Subject:EHSD Capital Projects FY 22/23 AGENDA ATTACHMENTS TC27_AP005010 MINUTES ATTACHMENTS Signed Approp Adj C.18 RECOMMENDATION(S): APPROVE Appropriation and Revenue Adjustment No. 005000 authorizing the transfer of appropriations in the amount of $107,880.00 from the Public Health's COVID-19 Response Unit (0450) to General Services - Fleet Operations (0064) for the purchase of two (2) Chevy Bolts and one (1) Ford Transit van to support services for Public Health's COVID-19 Response Unit. FISCAL IMPACT: This action increases appropriations in the Fleet Internal Service Fund (0064) and reduces appropriations in Public Health's COVID-19 Response Unit (0450) by $107,880.00. Allocation adjustments through a T/C 24 will facilitate the fund transfer to the proper disbursement account. The purchase of these vehicles will be 100% funded by the California Department of Public Health’s Enhancing Lab Capacity grant. BACKGROUND: Additional capacity is required to sustain the services offered to consumers in the Public Health’s COVID-19 Response Unit. Vehicles are required as part of the COVID-19 Response Unit’s services to transport supplies and specimens between locations. The unit currently maintains rental vehicles for this, which is costly. Procuring three vehicles for the department would ensure ongoing transportation support for the Public Health emergency response projects. Public Health has received approval for the purchase, using grant funds, from the California Department of Public Health. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: May Park, 925-313-6720 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Antonia Welty, Deputy cc: C. 19 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 18, 2022 Contra Costa County Subject:Purchase Three Vehicles for Public Health COVID-19 Response Unit CONSEQUENCE OF NEGATIVE ACTION: Vehicles are required to coordinate and provide COVID-19 testing. Without approval, Public Health would continue to rent vehicles and then potentially lose access to vehicles with reduced COVID-19 funding. AGENDA ATTACHMENTS TC24/27 AP005000 HSD MINUTES ATTACHMENTS Signed Approp Adj C.19 10/13/22 10/13/22 RECOMMENDATION(S): APPROVE Appropriations and Revenue Adjustment No. 005009 authorizing new revenue in the amount of $400,000 from the State Criminal Alien Assistance Program (SCAAP) and appropriating it to the Custody Services Bureau (0300) for various equipment and projects in the West County Detention Facility (2580) and Marsh Creek Detention Facility (2585). FISCAL IMPACT: This action increases revenues and appropriations by $400,000. There is no impact on the County General Fund. BACKGROUND: The Bureau of Justice Assistance (BJA) administers the State Criminal Alien Assistance Program (SCAAP) in conjunction with the U.S. Immigration and Customs Enforcement (ICE), Department of Homeland Security (DHS). SCAAP provides federal payments to states and localities that incurred correctional officer salary costs for incarcerating undocumented criminal aliens with at least one felony or two misdemeanor convictions for violations of state or local law, and incarcerated for at least 4 consecutive days during the reporting period. The Department of Justice Reauthorization Act of 2005 (Pub. L. 109-162, Title XI) included the following requirement regarding the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Heike Anderson, (925) 655-0023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Antonia Welty, Deputy cc: Heike Anderson, Alycia Rubio, Paul Reyes C. 20 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:October 18, 2022 Contra Costa County Subject:Appropriation Adjustment - Office of the Sheriff Custody Services Projects BACKGROUND: (CONT'D) use of SCAAP funds: "Amounts appropriated pursuant to the authorization of appropriations in paragraph (5) that are distributed to a State or political subdivision of a State, including a municipality, may be used only for correctional purposes." Beginning with FY 2007 SCAAP awards, SCAAP funds must be used for correctional purposes only. The Office of the Sheriff will use $250,000 to purchase body scanners, facility fencing and inmate housing unit remodel for the West County Detention Facility(2580). $150,000 will be used for facility perimeter repairs and network upgrades for the Marsh Creek Detention Facility (2585). CONSEQUENCE OF NEGATIVE ACTION: Expenditure appropriations and offsetting revenue identified to fund this equipment and projects will not be reflected in the County Budget. CHILDREN'S IMPACT STATEMENT: No impact. AGENDA ATTACHMENTS TC24/27 AP 5009 MINUTES ATTACHMENTS Signed Approp Adj C.20 10/13/22 10/13/22 RECOMMENDATION(S): APPROVE Appropriation and Revenue Adjustment No. 5008 in the amount of $2,967,539 to increase current year appropriations and revenue for the following new grants and rebalanced grants in the Area Agency on Aging unit: American Rescue Plan (ARPA), Older Adults Recovery and Resilience (OARR-IF), Home and Community Based Services (HCSB-NI), Access To Technology (ATT), California Health Advocates Senior Medicare Patrol (CHA SMP), and Supplemental Nutrition Assistance Program- Education (SNAP-Ed), as recommended by the Employment and Human Services Director. FISCAL IMPACT: Employment and Human Services Department (EHSD) Aging and Adult Services current year appropriations and revenue will be increased by $2,967,539 for these new and rebalanced programs in the Area Agency on Aging unit. This consists of 45% State and 55% Federal funding and no additional County general fund costs will result from these adjustments. BACKGROUND: EHSD has secured additional funding in the Area Agency on Aging unit for the following programs: ARPA, OARR-IF, HCSB-NI, ATT, CHA SMP, and SNAP-Ed. Total additional funding is estimated at $2,967,539. This board order will approve appropriation and revenue adjustment to increase current year appropriations and revenue for these new grants and rebalanced grants in the Area Agency on Aging unit. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Kathy Arana, 925-608-4887 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: Antonia Welty, Deputy cc: C. 21 To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Date:October 18, 2022 Contra Costa County Subject:Area Agency on Aging New and Rebalance Funding Appropriations CONSEQUENCE OF NEGATIVE ACTION: Appropriations will not be properly reflected in the budget. AGENDA ATTACHMENTS TC24/27_AP005008 MINUTES ATTACHMENTS Signed Approp Adj C.21 RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 25942 to reclassify two (2) Telecommunications Specialist II (PEVA) (represented) positions #10267 and #2006 at salary plan and grade TB5 1482 ($6,171.69-$7,501.73) and incumbents to Telecommunications Infrastructure Specialist (PEWK) (represented) at salary plan and grade TB5 1482 ($6,171.69-$7,501.73) in the Department of Information Technology. FISCAL IMPACT: No fiscal impact BACKGROUND: As a result of an organizational review of the Telecommunications division of Department of Information Technology (DoIT) position and staffing, it is recommended positions 2006 and 10267 be reclassified from Telecommunications Specialist II to Telecommunications Infrastructure Specialist. The Telecommunications Infrastructure Specialist role is critical to the continuing operation of DoIT Telecommunications. Reclassifying the two (2) positions will allow DoIT Telecommunications to utilize the Telecommunications Infrastructure Specialist APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sarah Bunnell, 925-608-4023 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Sarah Bunnell, Sylvia WongTam C. 22 To:Board of Supervisors From:Marc Shorr, Chief Information Officer Date:October 18, 2022 Contra Costa County Subject:Reclassify two (2)Telecommunications Specialist II positions and incumbents to Telecommunications Infrastructure Specialist BACKGROUND: (CONT'D) role in its full capacity, advancing County department building construction project. The incumbents have been engaged in Capital Project building design, layout, specification, and construction of County Wide Area Network (WAN) and Local Area Network (LAN). Incumbents have proficiency in fiber specification, placement, and splicing, and regularly engage with DoIT Radio, Enterprise Networking, and Telecom to perform any number of functions listed under the Infrastructure Specialist title and job description. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the incumbents will be not be performing tasks current to the job classification. AGENDA ATTACHMENTS P300 25942 MINUTES ATTACHMENTS Signed P300 POSITION ADJUSTMENT REQUEST NO. 25942 DATE 4/28/2022 Department No./ Department Department of Information Technology Budget Unit No. 0060 Org No. 4290 Agency No. Action Requested: Reclassify two (2) Telecommunications Specialist II (PEVA) pos ition number 2006 and 10267 and its incumbent s to Telecommunications Infrastructure Specialist (PEWK). Proposed Effective Date: 5/1/2022 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: $0.00 Estimated total cost adjustment (salary / benefits / one time): Total annual cost $0.00 Net County Cost $0.00 Total this FY $0.00 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT zero cost to CGF Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Sarah Bunnell ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT L.Strobel 5/3/22 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 9/29/2022 Reclassify two (2) Telecommunications Specialist II (PEVA) (represented) positions #10267 and #2006 at salary plan and grade TB5 1482 ($6,171.69-$7,501.73) and incumbents to Tel ecommunications Infrastructure Specialist (PEWK) (represented) at salary plan and grade TB5 1482 ($6,171.69 -$7,501.73) in the Department of Information Technology. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. 10/1/2022(Date) Melissa Moglie 9/29/2022 ___________________________________ ________________ (for) Director of Human Res ources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: David J. Twa, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 REQUEST FOR PROJECT POSITIONS Department Date 9/29/2022 No. 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year -to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefit s Costs : b. Support Cost s : (services, supplies, equipment, etc.) c . Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c . financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resource s Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 26054 to add one (1) PFT Mental Health Program Manager (VQDC) position at salary plan and grade ZA5-1844 ($8,832 - $10,736) and one (1) PFT Community Health Worker II (VKVB) position at salary plan and grade TC5-1043 ($3,996 - $4,857), and cancel one (1) vacant PPT (24/40) Substance Abuse Counselor (VHVC) position (no. 18448) at salary plan and grade TC5-1436 ($5,897 - $7,168) and one (1) vacant PFT Clerk - Senior Level (JWXC) position (no. 7126) at salary plan and grade 3RX-1033 ($3,946 - $5,040) in the Detention Mental Health Division of the Health Services Department (All represented classifications) - FISCAL IMPACT: Upon approval, this action will result in an annual salary and benefit cost increase of approximately $111,446 with $27,711 in pension cost included. This increase will be 100% funded by County General Fund allocations (Dept 0301/Org 5710). BACKGROUND: The Detention Mental Health division has experienced exponential growth within the last two years where most of the detainees/clients in the detention facilities require some level of mental health services. As a result of this growth and the need for more Mental Health staff at the Martinez Detention Facility (MDF) and the West County Detention Facility (WCDF), the division determined that the mental health caseloads are now identical, and the one assigned Mental Health Program Manager residing at the West County Detention Facility (WCDF) no longer has the bandwidth to travel between both facilities to manage staff and double the client caseload. Adding an additional Mental Health Program Manager position will provide continuity in the management of all mental health services, provide health and social services to the detainees/clients, coordinate services with outside agencies, and supervise subordinate staff. There is also a need to add a Community Health Worker II position to alleviate the obstacles and pressures that the division encounters. This position will conduct educational and social service programming, participate in tracking the social histories of detainees/clients, obtain basic health and physical information from detainees/clients, prepare and maintain logs and records, and help with group facilitation. This position will help speed up the process when appointments need to be made and will help ensure mental health services are appropriately addressed and scheduled APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lavonna Martin, 925-608-6700 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Lauren Jimenez, Kathi Caudel, Cheryl Shipley, Jacqueline Kidd, Lavonna Martin, Alicia Pormento C. 23 To:Board of Supervisors From:Anna Roth, Health Services Date:October 18, 2022 Contra Costa County Subject:Add 1 Mental Health Program Manager & 1 Community Health Worker II; & Cancel 1 Substance Abuse Counselor & 1 Clerk-Senior Level in Health Services BACKGROUND: (CONT'D) for the detainees/clients. The cancellation of the vacant Substance Abuse Counselor and Clerk - Senior Level positions will not impact the division's staffing needs, and are therefore being used to offset a portion of the cost to add the two requested positions. CONSEQUENCE OF NEGATIVE ACTION: If this request is not approved, Detention Health Services will lack the operational structure it needs to provide effective mental health services to detainees/patients in the detention facilities. AGENDA ATTACHMENTS P300 No. 26054 HSD MINUTES ATTACHMENTS Signed P300 26054 POSITION ADJUSTMENT REQUEST NO. 26054 DATE 9/22/2022 Department No./ Department Health Services Budget Unit No. 0301 Org No. 5710 Agency No. 18 Action Requested: Add one Mental Health Program Manager (VQDC) and one Community Health Worker II (VKVB) positions; and cancel vacant 24/40 Substance Abuse Counselor (VHVC) pos. #18448 and vacant Clerk – Senior Level (JWXC) position #7126 in Detention Mental Health division of the Health Services Department. (All represented) Proposed Effective Date: 10/19/2022 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 increase $111,446 Net County Cost $111,446 Total this FY $83,584 N.C.C. this FY $83,584 SOURCE OF FUNDING TO OFFSET ADJUSTMENT: 100% County General Fund, Org # 5710 Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Laurén Jimenez ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Sarah Kennard for 10/7/2022 ___________________________________ ________________ Deputy County Administrator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE Exempt from Human Resources review under delegated authority. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 10/13/2022 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Huma n Resources Enid Mendoza Other: Approve as recommended by the department. ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: Monica Nino, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 REQUEST FOR PROJECT POSITIONS Department Date _______ No. xxxxx 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year -to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefit s Costs : b. Support Cost s : (services, supplies, equipment, etc.) c . Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c . financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resource s Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 26047 to increase the hours of one (1) vacant 32/40 Librarian II (3AVD) (represented) position number 17004 to 40/40 in the Library Department. FISCAL IMPACT: Upon approval, this action will result in an annual cost to the Library Fund of approximately $18,746. No fiscal impact to the County general fund. BACKGROUND: The Library has been working on a reallocation of resources to create more efficient staffing at its branch locations. As part of that plan, the Library has increased or modified hours at various locations, including at the El Sobrante Library. As a result of this change, the Library has determined that the El Sobrante community would be better served with a full-time Librarian at that location. Following the beginning of the COVID-19 pandemic, the Library worked on evaluating its staffing and scheduling plans to best meet the needs of patrons. Following this evaluation, the Library determined that its community libraries should each have at least a Tuesday through Saturday schedule. As part of that determination, the Library has been working to adjust schedules of its vacant positions to align with this new scheduling plan. The Library has determined that the current, recently vacated part-time Librarian II position located in El Sobrante would better serve the needs of the public if it was a full-time position. This will allow for more time for more professional library services to be available in the branch and to provide needed flexibility in service to the community. Additionally, recruitment and retention for a full-time position will be easier than for a part-time position. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Samuel Treanor at 925-608-7702 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Samuel Treanor, Sylvia WongTam C. 24 To:Board of Supervisors From:Alison McKee, County Librarian Date:October 18, 2022 Contra Costa County Subject:Increase the hours of Librarian II position from 32/40 to 40/40 CONSEQUENCE OF NEGATIVE ACTION: If this position change is not approved, the Library will have difficulties with recruitment and retention, as well as providing services to the public. AGENDA ATTACHMENTS P300 26047 Inc Lib II from 32-40 to 40-40 at ESL MINUTES ATTACHMENTS Signed P300 26047 POSITION ADJUSTMENT REQUEST NO. 26047 DATE 9/23/2022 Department No./ Department Library Budget Unit No. 0621 Org No. 3793 Agency No. 85 Action Requested: Increase Librarian II position 17004 from 32/40 to 40/40 Proposed Effective Date: 12/1/2022 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: $0.00 Estimated total cost adjustment (salary / benefits / one time): Total annual cost $18,746.00 Net County Cost $0.00 Total this FY $9,373.00 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT Library Fund Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Alison McKee ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT /s/ Julie Enea 9/27/2022 ___________________________________ ________________ Deputy County Admini strator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE 9/28/2022 Increase the hours of part time (32/40) Librarian II (represented) position # 17004 to full time (40/40) in the Library Department. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) Amanda Monson 9/28/2022 ___________________________________ ________________ (for) Director of Human Resources Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 10/6/2022 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources /s/ Julie Enea Other: ____________________________________________ ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: Monica Nino, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 REQUEST FOR PROJECT POSITIONS Department Date No. 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year-to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c. Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resource s Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY RECOMMENDATION(S): ADOPT Position Adjustment Resolution No. 26053 to reassign four (4) vacant Family Nurse Practitioner (VWSB) positions #8752, #16816, #8550, and #16612 at salary plan and grade L35-1873 ($13,261-$16,561) from the Contra Costa Regional Medical Center (CCRMC) (Dept 0540) and Public Health (Dept 0450) divisions to the Mental Health Division (Dept 0467) in the Health Services Department. (Represented) FISCAL IMPACT: Upon approval, this action will result in an annual cost shift of $1,280,518 with $308,288 in pension cost already included from CCRMC and Public Health divisions to Mental Health unit of the Behavioral Health Division. These positions will be fully funded by Mental Health Realignment revenues. BACKGROUND: The state of California has invested in training and recruiting Psychiatric Mental Health Nurse Practitioners (PMH-NP) to assist with the national shortage of Psychiatrists and mental health provider staffing crisis. The University of California, San Francisco (UCSF), which is the primary program in California to train PMH-NPs, has an ongoing partnership with the Behavioral Health Division to train PMH-NPs through this program. PMH-NPs are more available to our local population with less reliance on tele-psych services. The reassignment of the requested Family Nurse Practitioner positions will provide medication and psychiatric level services for Specialty Mental Health beneficiaries in the Behavioral Health Clinics. This involves psychiatric assessments, follow-ups, and ongoing care for clients. Family Nurse Practitioners provide a viable and talented resource to expand Behavioral Health services and provide treatment for beneficiaries. CONSEQUENCE OF NEGATIVE ACTION: If this action is not approved, the Behavioral Health Division risks being out of compliance with timeliness access of care and Network Adequacy Standards outlined by the Department of Health Care Services. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: 925-957-5267 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Jenny Nguyen, Jo-Anne Linares, Stacey Tupper, Kathi Caudel, Cheri Shipley, Faye Ny C. 25 To:Board of Supervisors From:Anna Roth, Health Services Date:October 18, 2022 Contra Costa County Subject:Reassign four vacant Family Nurse Practitioner positions in the Health Services Department AGENDA ATTACHMENTS P300 No. 26053 HSD MINUTES ATTACHMENTS Signed P300 26053 POSITION ADJUSTMENT REQUEST NO. 26053 DATE 10/5/2022 Department No./ Department Health Services Budget Unit No. 0467 Org No. vary Agenc y No. A18 Action Requested: Reassign four (4) vacant Family Nurse Practitioner (VWSB) positions #8752, #16816, #8550, and #16612 from CCRMC and Public Health to Behavioral Health in the Health Services Department. (Represented) Proposed Effective Date: 10/19/2022 Classification Questionnaire attached: Yes No / Cost is within Department’s budget: Yes No Total One-Time Costs (non-salary) associated with request: $0.00 Estimated total cost adjustment (salary / benefits / one time): Total annual cost $1,280,518.90 Net County Cost $0.00 Total this FY $960,389.22 N.C.C. this FY $0.00 SOURCE OF FUNDING TO OFFSET ADJUSTMENT 100% Mental Health Realignment Department must initiate necessary adjustment and submit to CAO. Use additional sheet for further explanations or comments. Jenny Nguyen ______________________________________ (for) Department Head REVIEWED BY CAO AND RELEASED TO HUMAN RESOURCES DEPARTMENT Sarah Kennard for 10/7/2022 ___________________________________ ________________ Deputy County Admini strator Date HUMAN RESOURCES DEPARTMENT RECOMMENDATIONS DATE Exempt from Human Resources review under delegated authority. Amend Resolution 71/17 establishing positions and resolutions allocating classes to the Basic / Exempt salary schedule. Effective: Day following Board Action. (Date) ___________________________________ ________________ (for) Director of Human Resourc es Date COUNTY ADMINISTRATOR RECOMMENDATION: DATE 10/13/2022 Approve Recommendation of Director of Human Resources Disapprove Recommendation of Director of Human Resources Enid Mendoza Other: Approve as recommended by the department. ___________________________________ (for) County Administrator BOARD OF SUPERVISORS ACTION: Monica Nino, Clerk of the Board of Supervisors Adjustment is APPROVED DISAPPROVED and County Administrator DATE BY APPROVAL OF THIS ADJUSTMENT CONSTITUTES A PERSONNEL / SALARY RESOLUTION AMENDMENT POSITION ADJUSTMENT ACTION TO BE COMPLETED BY HUMAN RESOURCES DEPARTMENT FOLLOWING BOARD ACTION Adjust class(es) / position(s) as follows: P300 (M347) Rev 3/15/01 REQUEST FOR PROJECT POSITIONS Department Date No. 1. Project Positions Requested: 2. Explain Specific Duties of Position(s) 3. Name / Purpose of Project and Funding Source (do not use acronyms i.e. SB40 Project or SDSS Funds) 4. Duration of the Project: Start Date End Date Is funding for a specified period of time (i.e. 2 years) or on a year -to-year basis? Please explain. 5. Project Annual Cost a. Salary & Benefits Costs: b. Support Costs: (services, supplies, equipment, etc.) c. Less revenue or expenditure: d. Net cost to General or other fund: 6. Briefly explain the consequences of not filling the project position(s) in terms of: a. potential future costs d. political implications b. legal implications e. organizational implications c. financial implications 7. Briefly describe the alternative approaches to delivering the services which you have considered. Indicate why these alternatives were not chosen. 8. Departments requesting new project positions must submit an updated cost benefit analysis of each project position at the halfway point of the project duration. This report is to be submitted to the Human Resource s Department, which will forward the report to the Board of Supervisors. Indicate the date that your cost / benefit analysis will be submitted 9. How will the project position(s) be filled? a. Competitive examination(s) b. Existing employment list(s) Which one(s)? c. Direct appointment of: 1. Merit System employee who will be placed on leave from current job 2. Non-County employee Provide a justification if filling position(s) by C1 or C2 USE ADDITIONAL PAPER IF NECESSARY RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a sub-sublease with Concord Jet Service Incorporated, in an amount not to exceed $275,000 to provide aircraft hangar and office space for the period May 1, 2022 through April 30, 2027. FISCAL IMPACT: 100% Sheriff Budgeted. BACKGROUND: The Office of the Sheriff requires additional office and hangar space to accommodate its specialized law enforcement aviation capabilities to include search and rescue and FAA-certified drone flight operation and instruction. The office and hangar space located at 1450 Sally Ride Drive in Concord provides suitable facility for the storage of department aircraft and vital specialized law enforcement training, to include FAA drone pilot certification courses. This area is the only suitable facility that has been identified that meets the needs of the Office of the Sheriff. CONSEQUENCE OF NEGATIVE ACTION: Failure to approve will result in the inability of the Office of the Sheriff to adequately store law enforcement aircraft as needed and provide specialized law enforcement training to include FAA-certified drone pilot certification. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lyn Oco, 925-655-0006 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 26 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:October 18, 2022 Contra Costa County Subject:Concord Jet Service, Inc. CHILDREN'S IMPACT STATEMENT: None. RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute on behalf of the County, a license agreement with East Bay Regional Park District (District), to authorize the District to use, at no charge, a portion of the Carquinez Radio Tower facilities at 1001 Arabian Heights, Martinez, for a term beginning when construction of the facilities is complete and ending September 20, 2046, the last day of the term of a ground lease between the County and the District for the subject site. (WLP344) FISCAL IMPACT: None. There is no cost or revenue associated with this License. BACKGROUND: The County’s former administration building at 651 Pine Street, Martinez, is in the process of being demolished. The roof of the administration building had been the site of a communication tower used for the County’s emergency communications system. A new 50-foot-tall County-owned communications tower is being built on property owned by the District that is leased to the County. The ground lease between the District and the County, dated October 1, 2021, has a 25-year term, with options to renew. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Margaret Eychner, 925-957-2463 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 27 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:October 18, 2022 Contra Costa County Subject:Carquinez Radio Tower License Agreement with East Bay Regional Park District BACKGROUND: (CONT'D) As part of the consideration given to the District for the County’s use of District property for the new communications tower, the County agreed to grant a license to the District to permit the District to use a portion of the tower at no charge. The County also agreed to allow the District to continue its contractual agreement with KQED, under which KQED pays the District for the use of a communications tower. The license that is the subject of this board order fulfills the County’s obligation. The Carquinez Radio Tower Replacement Project was determined to be categorically exempt from CEQA under Section 15302 of the CEQA Guidelines (replacement or reconstruction of existing structures and facilities). CONSEQUENCE OF NEGATIVE ACTION: The County would not be in compliance with the October 1, 2021 ground lease between the County and the District. ATTACHMENTS License Agreement RECOMMENDATION(S): APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a lease amendment with Lauritzen Yacht Harbor for an approximately 1,725 square foot station house for the Sheriff-Coroner Department, Marine Patrol Unit. The term of the lease amendment is 2 years. The annual rental payment for the first year is $27,720.00 with a 3% annual increase thereafter. FISCAL IMPACT: The lease will obligate the County to pay rent of approximately $56,280.00 over the 2-year term of the lease amendment. (100% General Fund) BACKGROUND: Sheriff-Coroner Department, Marine Patrol Unit, has been operating at this location since 2001. The Marine Patrol is staffed seven days a week and patrols over 80 square miles of waterways in Contra Costa County with the primary goal of promoting boating safety through education and enforcement. This amendment provides for the continued operation of the Marine Patrol Unit at this location, as requested by the Sheriff-Coroner. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Stacey Sinclair, (925) 957-2464 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 28 To:Board of Supervisors From:Brian M. Balbas, Public Works Director/Chief Engineer Date:October 18, 2022 Contra Costa County Subject:Lease amendment with Lauritzen Yacht Harbor for a station house at 70 Lauritzen Lane in Oakley for the Sheriff-Coroner Department, Marine Patrol Unit. CONSEQUENCE OF NEGATIVE ACTION: Failure to approve the amendment for the continued operation of the Sheriff-Coroner Department, Marine Patrol Unit, at this location would result in having to relocate to another suitable location at increased rent, together with the associated expenses of moving and constructing new tenant improvements. ATTACHMENTS Amendment \\PW-DATA\grpdata\realprop\BOARD ORDERS\2022\October\10.18.22 - 70 Lauritzen Ln_First Amendment.doc FIRST AMENDMENT TO LEASE SHERIFF-CORONER MARINE PATROL 70 LAURITZEN LANE OAKLEY, CALIFORNIA This first amendment is dated ________________ and is between C.A. Lauritzen LLC, dba Lauritzen Yacht Harbor, a California limited liability company (the “Lessor”) and the County of Contra Costa, a political subdivision of the State of California (the “County”). Recitals A. The Lessor and the County are parties to a lease dated December 10, 2015, under which the County is leasing an approximately 1,725 square foot single-family residence commonly known as 70 Lauritzen Lane, Oakley, California (the “Lease”). B. The parties desire to extend the term of the lease and revise the rent. The parties therefore agree as follows: Agreement 1. Section 2. Term is deleted in its entirety and replaced with the following: Term. The “Term” of this lease is comprised of an Initial Term and, at County’s election, Renewal Terms, each as defined below. a. Initial Term. The “Initial Term” is three years, commencing on January 1, 2016 (the “Commencement Date”) and ending December 31, 2018. b. Renewal Terms. County has five options to renew this lease for a term of two years for each option (each, a “Renewal Term”) upon all the terms and conditions set forth herein. i. County will provide Lessor with written notice of its election to renew the Lease thirty days prior to the end of the Term. However, if County fails to provide such notice, its right to renew the Lease will not expire until fifteen working days after County’s receipt of Lessor’s written demand that County exercise or forfeit the option to renew. ii. Upon the commencement of a Renewal Term, all references to the Term of this lease will be deemed to mean the Term as extended pursuant to this Section. 2. Section 3. Rent is deleted in its entirety and replaced with the following: \\PW-DATA\grpdata\realprop\BOARD ORDERS\2022\October\10.18.22 - 70 Lauritzen Ln_First Amendment.doc Rent. County shall pay rent (“Rent”) to Lessor monthly in advance beginning on the Commencement Date. Rent is payable on the tenth day of each month during the Initial Term and, if applicable, the Renewal Terms, in the amounts set forth below: a. Initial Term. Months Monthly Rent January 1, 2016 – December 31, 2016 $1,985 January 1, 2017 – December 31, 2017 $2,025 January 1, 2018 – December 31, 2018 $2,065 b. First Renewal Term. Months Monthly Rent January 1, 2019 – December 31, 2019 $2,105 January 1, 2020 – December 31, 2020 $2,150 c. Second Renewal Term. Months Monthly Rent January 1, 2021 – December 31, 2021 $2,195 January 1, 2022 – December 31, 2022 $2,240 d. Third Renewal Term. Months Monthly Rent January 1, 2023 – December 31, 2023 $2,310 January 1, 2024 – December 31, 2024 $2,380 e. Fourth Renewal Term. Months Monthly Rent January 1, 2025 – December 31, 2025 $2,450 January 1, 2026 – December 31, 2026 $2,525 f. Fifth Renewal Term. Months Monthly Rent January 1, 2027 – December 31, 2027 $2,600 January 1, 2028 – December 31, 2028 $2,680 Rent for any fractional month will be prorated and computed on a daily basis with each day’s rent equal to one -thirtieth (1/30) of the monthly Rent. Rent is to be mailed to \\PW-DATA\grpdata\realprop\BOARD ORDERS\2022\October\10.18.22 - 70 Lauritzen Ln_First Amendment.doc Lauritzen Yacht Harbor, 115 Lauritzen Lane, Oakley, CA 94561-2946, or to any other location as may be designated in writing by Lessor. 3. All other terms of the Lease remain unchanged. Lessor and County are causing this first amendment to be executed as of the date set forth in the introductory paragraph. CONTRA COSTA COUNTY, a political subdivision of the State of California By: Brian M. Balbas Director of Public Works RECOMMENDED FOR APPROVAL: By: ______________________________ Jessica L. Dillingham Principal Real Property Agent By: ______________________________ Stacey Sinclair Senior Real Property Agent APPROVED AS TO FORM: MARY ANN MCNETT MASON, COUNTY COUNSEL By: ______________________________ Kathleen M. Andrus Deputy County Counsel C.A. Lauritzen LLC, dba Lauritzen Yacht Harbor, a California limited liability company By: ____________________________ Christian A. Lauritzen Member By: ____________________________ Margaret. Lauritzen Member RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Agreement #29-817-5 with the City of Walnut Creek, including agreeing to indemnify the city, to pay the County an amount not to exceed $250,368 to provide homeless outreach services under the Coordinated Outreach, Referral and Engagement (CORE) Program, for the period from July 1, 2022 through June 30, 2023. FISCAL IMPACT: Approval of this agreement will allow the County to receive an amount not to exceed $250,368 for FY 2022-2023 from the City of Walnut Creek. No County match is required. BACKGROUND: The CORE Program services locate and engage homeless clients throughout Contra Costa County. CORE teams serve as an entry point into the County’s coordinated entry system for unsheltered persons and work to locate, engage, stabilize and house chronically homeless individuals and families. The County has been receiving funds from the City of Walnut Creek for the CORE program since July 2017. On November 2, 2021, the Board of Supervisors approved Agreement #29-817-4 to receive funds in an amount not to exceed $227,042 from the City of Walnut Creek for the provision of the CORE Program, for the period from July 1, 2021 through June 30, 2022. Approval of Agreement #29-817-5 will allow county to continue to receive funds for homeless outreach services through June 30, 2023. This agreement includes agreeing to indemnify and hold harmless the city for claims arising out of county’s performance under this agreement. There was a delay in requesting approval of this contract due to county not receiving the agreement from the City of Walnut Creek until August 31, 2022. CONSEQUENCE OF NEGATIVE ACTION: If this agreement is not approved, the County will not receive funding and the CORE program will have to operate at a reduced capacity. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Christy Saxton, 925-608-6700 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker, M Wilhelm C. 29 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 18, 2022 Contra Costa County Subject:Agreement #29-817-5 with the City of Walnut Creek ATTACHMENTS RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to execute a revenue agreement with the State of California Department of Social Services (CDSS), for a payment limit of $3,567,014 for California Work Opportunity and Responsibility to Kids (CalWORKs) Stage 2 childcare program, for the period July 1, 2022 through June 30, 2023. FISCAL IMPACT: County is to receive an amount not to exceed $3,567,014 from CDSS for the period July 1, 2022 through June 30, 2023, all of which has been budgeted in FY 2022-2023: $1,344,423 (37.7% Federal with AL/CFDA #93.575) $2,222,591 (62.3% State) No County match is required State Contract Number: C2AP-2009-00 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: V. Kaplan, (925) 608-5052 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 30 To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Date:October 18, 2022 Contra Costa County Subject:2022-2023 California Department of Social Services CalWORKs Stage 2 Childcare Services Revenue Agreement BACKGROUND: The County receives funds from the California Department of Social Services (CDSS) to provide CalWORKs Stage 2 Childcare Program (C2AP) to program-eligible families for children ages 0-12 years old. Families must meet at least one of these eligibility criteria to meet program eligibility: receiving cash aid within the last 24 months, income eligible, experiencing homelessness, or recipients of protective services or at risk of being abused, neglected or exploited, and have an established need for child care. During Fiscal Year 2021-2022, the program served approximately 494 families with 768 children. The Employment and Human Services Department (EHSD) received notification of renewal from CDSS on July 25, 2022, for Agreement Number C2AP-2009. The Board of Supervisors approved the Continued Funding Application for fiscal year 2022-2023 to continue receiving funding for Alternative Payment Childcare Services on January 18, 2022 (C.26). This board order is to accept funds from California Department of Social Services in the amount of $3,567,014 for the period of July 1, 2022 through June 30, 2023. CONSEQUENCE OF NEGATIVE ACTION: If not approved, program-eligible families and children 0-12 years of age will not receive CalWORKs Stage 2 program childcare services. CHILDREN'S IMPACT STATEMENT: The Employment and Human Services Department Community Services Bureau supports three (3) of Contra Costa County’s community outcomes - Outcome 1: “Children Ready for and Succeeding in School,” Outcome 3: “Families that are Economically Self-sufficient,” and, Outcome 4: “Families that are Safe, Stable, and Nurturing.” These outcomes are achieved by offering comprehensive services, including high quality early childhood education, nutrition, and health services to low-income children throughout Contra Costa County. RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, on behalf of the Workforce Development Board (WDB), to apply for and accept the State Apprenticeship Expansion, Equity and Innovation (SAEEI) Grant from the California Department of Industrial Relations Division of Apprenticeship Standards (DAS), in the amount of $240,000, to develop and implement an EMT/Paramedic Apprenticeship Program for under-served communities of color, for the term July 1, 2022 through June 30, 2025. FISCAL IMPACT: The County to receive grant funding in the amount of $240,000, funded 100% by California Department of Industrial Relations Division of Apprenticeship Standards (DAS). No County cost and no County match is required. County to retain 10% maximum allowable portion of the grant, totaling $24,000 for administration. Appropriation and revenue adjustments for this new grant will be made during FY2022-2023. BACKGROUND: Women, justice-involved, people with disabilities and communities of color have been disproportionally impacted by the coronavirus and require additional support and resources APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: C. Youngblood (925) 608-4964 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 31 To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Date:October 18, 2022 Contra Costa County Subject:Revenue Contract with California Department of Industrial Relations Division of Apprenticeship Standards BACKGROUND: (CONT'D) to secure a future in the emerging post-pandemic labor market. Therefore, this year’s SAEEI grant seeks to address the challenges presented by COVID-19, particularly the impact of widespread closures that have resulted in rising levels of unemployment and limited access to education, training, and reemployment opportunities. This grant will address the need for equal access to training and employment opportunities across communities, including subsidized access to the internet and other technologies for individuals in need. WDB will develop the EMT/Paramedic Apprenticeship program and ensure under-served communities of color are prioritized for inclusion. Partners in the program include Contra Costa Community College (CCC), the Bay Area Health Workforce Partnership (BAHWP), American Medical Response (AMR) and Contra Costa Economic Partnership (CCEP). CONSEQUENCE OF NEGATIVE ACTION: Without approval, participants in special extraneous grant programs will not have access to classroom instruction and job trainings that lead to self-sufficiency, which would adversely impact these participants. Local businesses will have fewer qualified candidates for positions. CHILDREN'S IMPACT STATEMENT: The revenue and services funded under this agreement supports three of the five Contra Costa County’s community outcomes: (1) Families that are Economically Self-Sufficient; (2) Families that are Safe, Stable and Nurturing; and (3) Communities that are Safe and Provide a High Quality of Life for Children and Families. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Standard Agreement (Amendment) #29-772-47 (State #04-36067, A-38) with the State of California, Department of Health Care Services (DHCS), effective December 31, 2022, to amend Agreement #29-772-13 (as amended by subsequent amendments #29-772-14 through #29-772-46), with no change in the original amount payable to the County of up to $317,472,000 to extend the term from December 31, 2022 to December 31, 2023. FISCAL IMPACT: Approval of this amendment will reflect no change in the original amount payable to County of $317,472,000 for the Medi-Cal Managed Care Local Initiative Project. No County match is required. BACKGROUND: The State has been contracting with the Health Services Department’s Contra Costa Health Plan to provide health care services to eligible Medi-Cal recipients within the scope of Medi-Cal benefits under the Medi-Cal Local Initiative Health Plan since February 1, 1997. On April 26, 2005, the Board of Supervisors approved Standard Agreement #29-772-13 with the State of California, DHCS, for the Medi-Cal Local Initiative Health Plan, for the period from April 1, 2005 through December 31, 2021. Subsequent amendments #29-772-14 through #29-772-46 have been issued by DHCS to amend Standard Agreement #29-772-13 to extend the term, add funds, adjust capitation rates and modify language. Approval of this Standard Agreement (Amendment) #29-772-47 will extend the term from December 31, 2022 to December 31, 2023. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sharron Mackey, 925-313-6004 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Marcy Wilhelm C. 32 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 18, 2022 Contra Costa County Subject:Standard Agreement (Amendment) #29-772-47 with the State of California, Department of Health Care Services RECOMMENDATION(S): APPROVE and AUTHORIZE the Employment and Human Services Director, or designee, to apply for and accept grant funding from the California Governor’s Office of Emergency Services (Cal OES), Underserved Victims Unit for the Elder Abuse (XE) Program, in an amount not to exceed $217,444, for the period January 1, 2023 through December 31, 2023. FISCAL IMPACT: County to apply for and receive an amount not to exceed $217,444 from the California Office of Emergency Services (Cal OES) to fund the Elder Abuse Prevention Project for a one-year period (January 1, 2023 through December 31,2023). The first half of the grant (1/1/2023 – 6/30/2023) is already budgeted in FY 2022-23, and the second half (7/1/2023 – 12/31/2023) will be included in the budget for FY 2023-24. The project is supported through the Victims of Crime Act (VOCA) Victim Assistance Formula Grant Program. The VOCA Victim Assistance Formula Grant Program of $217,444 (20VOCA =$108,722; 21VOCA =$108,722) requires a cash and/or in-kind match (20VOCA Match 20% =$27,181; 21VOCA Match 20% =$27,181) equal to 20 percent of the total project cost (Pre-match waiver of $271,806). The Employment and Human Services Department will submit a Waiver for the Match with the application packet. If the waiver is not approved, there will be a match of $54,362 with Adult Protective Services (APS) funds. The VOCA amount being sought out is 100% Federal. AL #16.575. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: C. Youngblood (925) 608-4964 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 33 To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Date:October 18, 2022 Contra Costa County Subject:APS Elder Abuse Prevention Project – Cal OES, Underserved Victims Unit (XE) BACKGROUND: The goal of the Elder Abuse Prevention Project (EAPP) is to bridge the gap in services addressing Elder Abuse. XE Program funding will be used to enhance the safety of elder and dependent adult victims of crime by providing direct services to victims and bridging the gap between elder justice service providers and victim service providers. The APS program received over 5,200 reports of abuse from January 2021 through December 2021. With support from this grant, APS will be able to focus support in areas of financial abuse, case management, and prevention. This focus will increase justice for, and safety of, elder residents and dependent adults of Contra Costa County. This grand funding will be used to: Fund an Elder Abuse Victim Specialist solely dedicated to serving elder and dependent adult victims. Provide and coordinate direct services for elder and dependent adult victims. Expand the communities’ capacity to serve elder and dependent adult victims. Ensure that elder and dependent adult victims have access to the criminal justice system. Continue to provide outreach awareness programs for victims and mandated reporters of elder and dependent adult abuse and others who come into contact with these victims. CONSEQUENCE OF NEGATIVE ACTION: Without funding, the Adult Protection Services division will continue to face an increasing number of vulnerable elder and dependent adults facing financial abuse, interpersonal violence, neglect and exploitation. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director or designee, to accept on behalf of the County Grant Award #28-767-9 (Grantor #22-07-90899-00) from the California Department of Public Health, to pay the County for providing health services for the Refugee Health Assessment Program (RHAP), for the period October 1, 2022 through September 30, 2023. FISCAL IMPACT: Acceptance of this Award will result in a reimbursement to the County of $41 per Medi-Cal Non-Billable health assessment and $229,345 for administrative costs. No County match required. BACKGROUND: The RHAP allows for the provision of health assessment services to refugees, asylees, entrants from Haiti and Cuba, Special visa immigrants, certified victims of human trafficking and other eligible entrants as required in the California Refugee Health Assessment form (CDPH 8418A). Based on the assessment, communicable diseases are treated on the new arrivals, as well as other Contra Costans, who are not protected from disease. In addition, this program provides highly trained and culturally appropriate medical interpreters for the County’s Afghan, Russian, Vietnamese, Lao and Mien clinics (13 per week). The RHAP advocates for people with limited-English skills to achieve access and care within the Contra Costa Health Services Department. The County has been participating in this program since October 2010. On October 19, 2021, the Board of Supervisors approved Grant Award #28-767-8 from the California Department of Public Health, Refugee Health Assessment Program to provide health services for the RHAP program for the period October 1, 2021 through September 30, 2022. The Health Services Department recently received a notice of award from the California Department of Public Health, granting Health Services Department funding. Acceptance of the Grant Award #28-767-9 allows the County to provide RHAP services through September 30, 2023. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Anna Roth, 925-957-2670 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Marcy Wilhelm C. 34 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 18, 2022 Contra Costa County Subject:Grant Award #28-767-9 from the California Department of Public Health, Refugee Health Assessment Program CONSEQUENCE OF NEGATIVE ACTION: If this grant award is not accepted, people with limited-English skills in the RHAP program will not achieve access and care within the Contra Costa Health Services Department. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Amendment Agreement #29-605-5 with the City of Pleasant Hill to amend Agreement #29-605, as amended by Amendment Agreements #29-605-1 through #29-605-4, to increase the amount payable to the County by $124,582 from $452,281 to a new total of $576,863 and extend the term from June 30, 2022 to June 30, 2023, for the operation of the Coordinated Outreach, Referral and Engagement (CORE) Program. FISCAL IMPACT: Approval of this amendment will allow the County to receive an additional amount not to exceed $124,582 from the City of Pleasant Hill for FY 2022/2023 to provide homeless outreach services. No County match is required. BACKGROUND: The CORE Program will provide homeless outreach services aimed at identifying unsheltered homeless individuals, transitioned aged youth and families living outside and in locations not meant for human habitations. The County has been receiving funds from City of Pleasant Hill for the CORE program since March 2017. On March 21, 2017, the Board of Supervisors approved Grant Agreement #29-605 with the City of Pleasant Hill to receive funds in an amount not to exceed $73,173 for the operation of the CORE Program from March 1, 2017 through June 30, 2018, which included agreeing to indemnify the City for claims arising out of the County’s performance under the agreement. On September 11, 2018, the Board of Supervisors approved Grant Agreement #29-605-1 to increase the amount payable to the County by $81,197 to a new total of $154,370 and extend the termination from June 30, 2018 to June 30, 2019 to continue the operation of the CORE program. On September 10, 2019, the Board of Supervisors approved Grant Agreement #29-605-2 to increase the amount payable to the County by $88,473 to a new total of $242,843 and extend the termination from June 30, 2019 to June 30, 2020 to continue the operation of the CORE program. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Christy Saxton, 925-608-6700 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker, M Wilhelm C. 35 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 18, 2022 Contra Costa County Subject:Amendment Agreement #29-605-5 with the City of Pleasant Hill BACKGROUND: (CONT'D) On October 13, 2020, the Board of Supervisors approved Grant Agreement #29-605-3 to increase the amount payable to the County by $88,473 to a new total of $331,316 and extend the termination from June 30, 2020 to June 30, 2021 to continue the operation of the CORE program. On December 7, 2021, the Board of Supervisors approved Grant Agreement #29-605-4 to increase the amount payable to the County by $120,965 to a new total of $452,281 and extend the termination from June 30, 2021 to June 30, 2022 to continue the operation of the CORE program. Approval of Amendment Agreement #29-605-5 will allow the County to continue to receive funds from the City of Pleasant Hill through June 30, 2023. There was a delay in requesting approval of this contract due to the County not receiving the agreement from the City of Pleasant Hill until September 9, 2022. CONSEQUENCE OF NEGATIVE ACTION: If this amendment is not approved, the County will not receive funding and the CORE program will have to operate at a reduced capacity. ATTACHMENTS RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Agreement #29-604-7 with the City of Walnut Creek, which includes agreeing to indemnify the city, to pay the County an amount not to exceed $15,000 for the operation of the Coordinated Outreach, Referral and Engagement (CORE) Program to provide homeless outreach services, for the period from July 1, 2022 through June 30, 2023. FISCAL IMPACT: Approval of this agreement will allow the County to receive funds in an amount not to exceed $15,000 ($10,000 from City of Walnut Creek’s Community Development Block Grant (CDBG) and $5,000 from the City of Walnut Creek’s Homeless Services Fund (HSF) for Fiscal Year 2022-2023 from the City of Walnut Creek. No County match is required. BACKGROUND: The CORE Program will serve as an entry point into the Coordinated Entry System and identify, engage, stabilize and house chronically homeless individuals and families. Core teams will contact a minimum of 1000 homeless individuals to provide basic needs supplies, counseling, benefits assistance, linkages to healthcare, shelter placement, and referrals and transportation to C.A.R.E. Centers. The County has been receiving funds from City of Walnut Creek for the CORE program since January 2017. On November 2, 2021, the Board of Supervisors approved Grant Agreement #29-604-6 with the City of Walnut Creek to receive CDBG and HSF funds in an amount not to exceed $21,415 for the operations of the CORE Program to provide homeless outreach services from July 1, 2021 through June 30, 2022. Approval of Agreement #29-604-7 will allow County to continue to receive CDBG and HSF funds to provide outreach services through June 30, 2023. This agreement includes agreeing to indemnify and hold harmless the city for claims arising out of the County’s performance under this agreement. There was a delay in requesting approval of this contract due to county not receiving the agreement from the City of Walnut Creek until August 31, 2022. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Christy Saxton, 925-608-6700 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker, M Wilhelm C. 36 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 18, 2022 Contra Costa County Subject:Agreement #29-604-7 with the City of Walnut Creek CONSEQUENCE OF NEGATIVE ACTION: If this agreement is not approved, the County will not receive funding and the CORE program will have to operate at a reduced capacity. ATTACHMENTS RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Contract #24-958-31 with Rubicon Programs Incorporated, a non-profit corporation, in an amount not to exceed $509,366, to provide mental health services for CalWORKs clients for the period July 1, 2022 through June 30, 2023. FISCAL IMPACT: Approval of this contract will result in budgeted annual expenditures for Fiscal Year 2022-2023 of up to $509,366 and will be funded 100% by CalWORKs funds. BACKGROUND: This contract meets the social needs of the County’s population by providing specialized substance abuse treatment and prevention programs to help clients to achieve and maintain sobriety and to experience the associated benefits of self-sufficiency, family reunification, cessation of criminal activity and productive engagement in the community. The County has been contracting with Rubicon Programs Incorporated for mental health services since August 1998. On June 8, 2021, the Board of Supervisors approved Contract #24-958-30 with Rubicon Programs Incorporated, in an amount not to exceed $270,000 to provide mental health services to recipients of the CalWORKs Program and their children, including outpatient treatment, individual, group and family collateral counseling, case management, and aftercare services to reduce barriers to employment, for the period July 1, 2021 through June 30, 2022. The delay of this contract was due to a loss of another provider causing the need for the contractor expand their program to East County. Due to an administrative oversight by division staff, there was not timely follow up to ensure that the new budget and program documents were completed for timely review and processing. Approval of Contract #24-958-31 will allow the contractor to continue to provide mental health services to CalWORKs recipients through June 30, 2023. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Suzanne Tavano, Ph.D., 925-957-5169 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: E Suisala , M Wilhelm C. 37 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 18, 2022 Contra Costa County Subject:Contract #24-958-31 with Rubicon Programs Incorporated CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, CalWORKs recipients will not have sufficient access to the mental health services they need. ATTACHMENTS RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute Contract #26-306-35 with Per Diem Staffing Systems, Inc., a corporation, in an amount not to exceed $1,500,000, to provide temporary, nurses and other medical staffing classifications at Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers for the period July 1, 2022 through June 30, 2023. FISCAL IMPACT: Approval of this contract will result in annual expenditures of up to $1,500,000 and will be funded as budgeted by the department in FY 2022-2023 by 100% Hospital Enterprise Fund I allocations. (Rate increase) BACKGROUND: CCRMC and Contra Costa Health Centers have an obligation to provide medical staffing services to patients. Therefore, the county contracts with temporary help firms to ensure patient care is provided during peak loads, temporary absences, vacations and emergency situations where additional staffing is required. The county has been using the contractor’s temporary staffing services since July 1, 1997. On June 22, 2021, the Board of Supervisors approved Contract #26-306-33 with Per Diem Staffing Systems, Inc., in an amount not to exceed $1,000,000 for the provision of temporary nurses and other medical staffing classifications to cover employee sick leaves, vacations and workers compensation leaves, at CCRMC and Contra Costa Health Centers for the period from July 1, 2021 through June 30, 2022. On April 12, 2022, the Board of Supervisors approved Amendment Agreement #26-306-34 with Per Diem Staffing Systems, Inc., effective March 1, 2022, to increase the crisis rates for temporary nurse staffing services at CCRMC and Contra Costa Health Centers with no increase in the payment limit of $1,000,000 or term of July 1, 2021 through June 30, 2022. Approval of Contract #26-306-35 will allow the contractor to continue providing nurses and other medical staffing classifications at CCRMC and Contra Costa Health Centers through June 30, 2023. This contract includes services provided by represented classifications and the County has met its obligations with the respective labor partner(s). APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Jaspreet Benepal, 925-370-5501 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Leslie Walker, M Wilhelm C. 38 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 18, 2022 Contra Costa County Subject:Contract #26-306-35 with Per Diem Staffing Systems, Inc. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, patients requiring medical staffing services at CCRMC and Contra Costa Health Centers will not have access to this contractor’s services. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Novation Contract #74–317-24 with Alternative Family Services, Inc., a non-profit corporation, in an amount not to exceed $1,401,844, to provide intensive behavioral services for youth in the child welfare system and youth experiencing trauma for the period July 1, 2022 through June 30, 2023, which includes a six-month automatic extension through December 31, 2023, in an amount not to exceed $700,922. FISCAL IMPACT: Approval of this contract will result in budgeted expenditures of up to $1,401,844 and will be funded by 50% Federal Financial Participation ($700,922), 45% Realignment Funds ($637,138) and 5% Measure X ($63,784) revenues. (No rate increase) BACKGROUND: This contract meets the social needs of the County’s population by providing mental health services for preschoolers with measurable delays in interpersonal, social/emotional, language and cognitive development, and for children who are at risk for such delays, including abused, developmentally delayed, SED and environmentally deprived children who do not meet the APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Suzanne Tavano, Ph.D., 925-957-5212 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Alaina Floyd, marcy.wilham C. 39 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 18, 2022 Contra Costa County Subject:Novation Contract #74–317–24 with Alternative Family Services, Inc. BACKGROUND: (CONT'D) criteria for any categorical funding source for services. The County has been contracting with Alternative Family Services, Inc. since December 1, 2007. On December 14, 2021, the Board of Supervisors approved Contract #24-317-22 with Alternative Family Services, Inc., in an amount not to exceed $1,374,404 for the provision of Multidimensional Treatment Foster Care (MTFC) services for Seriously Emotionally Disturbed (SED) youth and their families for the period from July 1, 2021 through June 30, 2022, which included a six-month automatic extension through December 31, 2022, in an amount not to exceed 687,202. On February 1, 2022, the Board of Supervisors approved Contract Amendment #24-317-23, effective January 1, 2022 to increase the per minute billing rates due to COVID-19, with no change in the original payment limit and term. Approval of Novation Contract #24-317-24 will replace the automatic extension under the prior contract and allow the contractor to continue providing services through June 30, 2023. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, severely emotionally disturbed children within Contra Costa County will have reduced access to mental health services as the county solicits and engages an alternative contractor. 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 Conservation and Development Director to execute a memorandum of understanding with the Contra Costa Transportation Authority in an amount not to exceed $1,400,000 to implement the Accessible Transportation Strategic Plan for the period April 1, 2022 through June 30, 2023. FISCAL IMPACT: The Contra Costa Transportation Authority's costs to implement the accessible transportation duties described in the proposed Memorandum of Understanding will be $1,400,000 and will be covered by the County utilizing only the $1,400,000 of Measure X funds approved for this purpose by the Board on November 16, 2021. BACKGROUND: The Accessible Transportation Strategic Plan (ATSP) defines how Contra Costa will improve transportation options for older adults, persons with disabilities, and veterans. The ATSP was conducted by the Contra Costa Transportation Authority (CCTA) with support from Contra Costa County and was collaboratively developed over several years in consultation with elected officials and staff at affected public agencies, advocates representing community-based organizations and users of the system. The Board of Supervisors and the Board of CCTA both approved the ATSP in March, 2021. In November 2021, the Board of Supervisors approved an allocation of $1.4 million in Measure X (2020) funding to support implementation of the following four recommendations from the ATSP: 1. Establishment of a "Coordinating Entity", responsible for short and long term implementation of accessible transportation strategies including the identification of a new, ongoing funding source to support operations. 2. Creation of One Call/One Click Operations. This effort is expected to create a countywide, centralized phone and internet resource for all modes of transportation serving target populations. To assist patrons in making travel plans based on their abilities. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: John Cunningham (925)791-1368 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Kathleen M. Andrus, Peter Engel C. 40 To:Board of Supervisors From:John Kopchik, Director, Conservation & Development Department Date:October 18, 2022 Contra Costa County Subject:MOU with CCTA for Measure X funding to support Accessible Transportation BACKGROUND: (CONT'D) 3. Creation of user-side Subsidies for low-income populations for whom existing fares are a barrier to access. 4. Expansion and Enhancement of One Seat Ride Pilot Program allowing passengers to travel throughout the county without having to transfer between paratransit vehicles when crossing transit agency boundaries. In addition to the performance and reporting criteria included in the memorandum of understanding, the ATSP Task Force and the Contra Costa Transportation Authority will provide oversight of the funding and ATSP implementation activities. CONSEQUENCE OF NEGATIVE ACTION: If the MOU is not approved, the County will not disburse previously approved Measure X Funds intended to improve transportation for older Contra Costa residents and those with disabilities. ATTACHMENTS Final Measure X Funding MOU_CCC-DCD-CCTA(10-12-22) 1 28228394.1/060323.0001 FUNDING MEMORANDUM OF UNDERSTANDING BETWEEN COUNTY OF CONTRA COSTA AND THE CONTRA COSTA TRANSPORTATION AUTHORITY FOR THE IMPLEMENTATION OF THE ACCESSIBLE TRANSPORTATION STRATEGIC PLAN This memorandum of understanding (“MOU”) is dated as of April 1, 2022 (the “Effective Date”), and is between the COUNTY OF CONTRA COSTA (the “County”) and the CONTRA COSTA TRANSPORTATION AUTHORITY (“Recipient,” or “CCTA”). The County and CCTA may jointly be referred to as the “parties.” RECITALS A. On November 3, 2020, voters in Contra Costa County approved Measure X, a Countywide, 20-year, half-cent sales tax. The ballot measure language stated the intent of Measure X as “to keep Contra Costa’s regional hospital open and staffed; fund community health centers, emergency response; support crucial safety-net services; invest in early childhood services; protect vulnerable populations; and for other essential county services.” B. The Measure X Community Advisory Board was established on February 2, 2021, to advise the Board of Supervisors on the use of Measure X funds. The Advisory Board consists of 17 members, comprising 10 Supervisorial District appointees (2 per Supervisorial District) and 7 At-Large members. C. The Measure X Community Advisory Board has identified five goals for the use of Measure X funds: Mental Well-Being (Goal #1), Equity in Action (Goal #2), Healthy Communities (Goal #3), Intergenerational Thriving (Goal #4), and Welcoming & Safe Community (Goal #5). D. On November 16, 2021, the Board of Supervisors considered an expenditure plan for Measure X revenue for the period April 1, 2022, through June 30, 2023 (the “Funding Period”). E. At the November 16, 2021, meeting, the Board of Supervisors approved an allocation of $1,400,000 to Recipient during the Funding Period to implement the Accessible Transportation Strategic Plan (the “Project”). The Project is described in Schedule 1, attached hereto (the “Service Plan”). The Project meets the following goal(s) identified by the Measure X Community Advisory Board: Goal #4 – Intergenerational Thriving. 2 28228394.1/060323.0001 AGREEMENT 1. Payment of Funds. The County shall contribute up to $1,400,000 (the “County Contribution”) to Recipient for Recipient’s use toward the Project during the Funding Period. The County Contribution will be made in accordance with the payment schedule set forth in Schedule 2, attached hereto. 2. Use of Funds. Recipient shall use the County Contribution solely for the Project, as specified in the Service Plan. 3. Term and Termination. This MOU is effective on the Effective Date and remains in effect until June 30, 2023. The County may terminate this MOU at any time by giving 15 days’ written notice to Recipient if Recipient fails to properly perform any of its obligations under this MOU and fails to correct such performance issues within 7 days of notice from the County. 4. Progress Reports. Recipient shall submit periodic progress reports, in the time, form, and manner set forth in the Service Plan, to the Board of Supervisors through the County’s Conservation and Development Director, or his or her designee, detailing Recipient’s accomplishments in carrying out the Service Plan and the Project. 5. Records; Audit. Recipient must keep and make available for inspection and copying by authorized representatives of the County, the Recipient’s regular business records and such additional records pertaining to this MOU as may be required by the County. This provision is binding on the heirs, successors, assigns and representatives of Recipient. a. Retention of Records. Recipient must retain all documents pertaining to this MOU for five years from the date of submission of the final payment to Recipient in accordance with Schedule 2, and until any audit is competed and exceptions resolved for the Funding Period. Upon request, Recipient must make these records available to authorized representatives of the County. b. Access to Books and Records. Recipient must, upon written request and until the expiration of five years after furnishing services pursuant to this MOU, make available to the County or any of its authorized representatives, the books, documents, and records of Recipient necessary to certify the nature and extent of all costs and charges incurred under this MOU. If Recipient carries out any of the duties of this MOU through a subcontract, the subcontract must contain a clause to the effect that upon written request and until the expiration of five years after furnishing services under the subcontract, the subcontractor must make available to the County or any of its authorized representatives, the books, documents and records of the subcontractor necessary to verify the nature and extent of all costs and charges incurred under the subcontract. 3 28228394.1/060323.0001 c. Audit. Recipient shall make its records available for, and an audit may be required by, the County. If an audit is required, Recipient must provide the County with the audit. 6. Modification. This MOU may be modified only with the written approval of both parties. 7. Hold Harmless. Recipient shall fully defend, hold harmless, and indemnify the County, its officers, agents and employees against any and all claims, demands, damages, costs, expenses and liability arising out of this MOU, except for liability arising out of the sole negligence or willful misconduct of the County, its officers, agents or employees. This section shall survive the termination of this MOU. 8. Notices: All correspondence regarding this MOU, including demands and notices, is to be directed to the following persons at the following addresses and telephone numbers: County: Contra Costa County Department of Conservation and Development 30 Muir Road Martinez, California 94553 Attention: John Cunningham, Principal Planner Recipient: Contra Costa Transportation Authority 2999 Oak Road, Suite 100 Walnut Creek, California 94597 Attention: Brian Kelleher, Chief Financial Officer 9. Counterparts. The parties recognize and agree that separate counterpart signature pages may be used to execute this MOU, but that all such pages constitute one and the same MOU. 10. No Third-Party Beneficiaries. This MOU is intended solely for the benefit of the parties hereto and no third party will have any right or interest in any provision of this MOU or as a result of any action or inaction of any party in connection with this MOU. 11. Remedy. The sole remedy for violation of this MOU is specific performance of this MOU. The County and Recipient waive their respective rights to trial by jury of any claim or cause of action arising out of this MOU. The County and Recipient have no liability for damages to one another or to any other person or entity resulting from any violation of this MOU. 12. Authorization. Recipient, or the representative(s) signing this MOU on behalf of Recipient, represents and warrants that it has full power and authority to enter into this MOU and to perform the obligations set forth herein. 13. Entire MOU. This MOU contains the entire understanding of the parties relating to the subject matter of this MOU. No promise, representation, warranty or covenant not included in this MOU has been or is relied upon by any party. 4 28228394.1/060323.0001 The parties are signing this MOU as of the Effective Date. CONTRA COSTA COUNTY By: John Kopchik, Director Dept of Conservation and Development CONTRA COSTA TRASNPORTATION AUTHORITY Chris Kelley, Chair Attest: Tarienne Grover, Clerk of the Board Approved as to form: Amara Morrison, Legal Counsel 5 28228394.1/060323.0001 SCHEDULE 1 TO FUNDING MEMORANDUM OF UNDERSTANDING DATED APRIL 1, 2022 SERVICE PLAN Recipient: Contra Costa Transportation Authority Project Name: Implementation of Accessible Transportation Strategic Plan Project Description The goal of the Accessible Transportation Strategic Plan (the “ATS Plan”) is to improve the accessibility of transportation for seniors, people with disabilities, and qualifying veterans. The Project over the current Funding Period is twofold. First, to identify and, if necessary, create, a coordinating entity that will coordinate the delivery of different types of accessible transportation services among multiple transportation providers, including transit operators, social service agencies, non-profit organizations, and cities (the “Coordinating Entity”). Second, to make investments in the following components of the ATS Plan: means-based user-side fare subsidies; expansion of the one seat ride program; and a one call/one click operations system. Tasks to be Performed by Recipient Using CCTA’s ATS task force, as approved by the CCTA Board: Task 1. Establish a means-based user side subsidy pilot program and provide the subsidies. Task 2. Establish a strategy to implement a one call/one click system and provide operations funding. Task 3. Identify and, if necessary, create, the Coordinating Entity and take all feasible steps to establish the entity’s operations. For the Coordinating Entity to be created, the task force will submit its final recommendation for approval to the County Board of Supervisors, through the County’s Conservation and Development Department, and to CCTA’s Board. Both parties shall agree on the organization type of the Coordinating Entity in order for the 20% Coordinating Entity funding to be provided per Schedule 2. The two parties shall meet as necessary to come to an agreement. Task 4. Take all feasible steps to establish the one-seat-ride program and require documentation of the complete costs of the one-seat-ride program from service providers. Ensure administrative and operations costs are broken out. Limit CCTA’s 6 28228394.1/060323.0001 contribution of Measure X funds to 50% of service providers’ operations costs. Ensure administrative and operations figures will be consistent with the Federal Transit Administration’s National Transit Database program definitions. Deliverables Deliverables are the implementation of the programs described in 1-4 above and reported per the reporting requirements described in the Progress Reports section below. Progress Reports  Quarterly reports for the periods ending December 31, 2022 and March 31, 2023. Quarterly reports are to describe milestones achieved and noteworthy activities performed during the reporting period. Quarterly reports are to include a detailed report of Measure X expenditures and describe any non-Measure X funding used during the reporting period.  Annual report for the Funding Period ending June 30, 2023. The annual report is to describe milestones achieved and noteworthy activities performed during the Funding Period. The annual report is to be delivered by July 31, 2023. The annual report is to include a detailed report of Measure X expenditures and describe any non-Measure X funding used during the Funding Period.  Reports are to be delivered to the County Board of Supervisors through the Transportation, Water, and Infrastructure Committee through the County’s Conservation and Development Department and to CCTA’s Board through CCTA’s Executive Director. 7 28228394.1/060323.0001 SCHEDULE 2 TO FUNDING MEMORANDUM OF UNDERSTANDING DATED APRIL 1, 2022 PAYMENT SCHEDULE Recipient: Contra Costa Transportation Authority Project Name: Implementation of Accessible Transportation Strategic Plan Payment 1: 20% of Measure X funds will be paid within 60 days of receipt of an invoice and supporting documentation establishing that the MOU has been approved by both parties. Payment 2: 20% will be paid within 60 days of receipt of an invoice and supporting documentation establishing that the means-based user side subsidy pilot program is approved by the CCTA Board and is operational. (Task 1) Payment 3: 20% will be paid within 60 days of receipt of an invoice and supporting documentation establishing that the One Call/One Click strategy has been approved by the CCTA Board. (Task 2) Payment 4: 20% will be paid within 60 days of receipt of an invoice and supporting documentation establishing that the Board of Supervisors and CCTA have approved the Coordinating Entity recommendation in accordance with Schedule 1. (Task 3) Payment 5: 20% will be paid within 60 days of receipt of an invoice and supporting documentation verifying that the one-seat-ride funding parameters in Schedule 1 can be or will have been met. (Task 4) For payments requiring documentation of CCTA Board and/or other action, funding will be disbursed upon receipt of a letter from the CCTA Executive Director or designee requesting the release of funding, provided the letter verifies that the required action has been completed, and an invoice and any required documentation is attached. RECOMMENDATION(S): APPROVE and AUTHORIZE the Sheriff-Coroner, or designee, to execute a contract with Diablo Crime Scene Cleaners, in the amount of $1,000,000 for the period of September 1, 2022 through August 30, 2023, to provide standard crime scene and biological cleaning services, and specialized cleaning services to combat the spread of respiratory and bloodborne illnesses. FISCAL IMPACT: 100% General Fund. The FY 22/23 cost is approximately $1,000,000, but will largely depend on the number of actual service callouts and assumes current COVID-19 precautions stay in place. This expense is not currently budgeted, but additional appropriations are not expected to be needed at this time. The Department will continue to monitor the budget and will return to the Board of Supervisors in the event additional appropriations are needed. BACKGROUND: The Sheriff's Office has contracted with Diablo Crime Scene Cleaners for full service crime scene and biological cleaning for the detention facilities, patrol station houses and patrol vehicles. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Lyn Oco, 925-655-0006 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 41 To:Board of Supervisors From:David O. Livingston, Sheriff-Coroner Date:October 18, 2022 Contra Costa County Subject:Diablo Crime Scene Cleaners BACKGROUND: (CONT'D) The cleaning of blood and bodily fluids requires extensive training and experience to avoid contamination and health risks. In addition to the standard cleaning services, Diablo Crime Scene Cleaners has also provided increased sanitation measures at the Sheriff's facilities. Due to the continued risk of respiratory and bloodborne illnesses, the Sheriff's Office deems it necessary to continue the contract with Diablo Crime Scene Cleaners for the foreseeable future. CONSEQUENCE OF NEGATIVE ACTION: The Sheriff's Office will be unable to acquire the appropriate level of cleaning and sanitation services. CHILDREN'S IMPACT STATEMENT: None. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute, on behalf of County Contract Amendment #77-381-1 with 3 Prong (dba 3 Prong Health), a corporation, effective October 1, 2022 to increase the contract payment limit by $600,000 to a new payment limit not to exceed $1,200,000, to provide additional in-person behavioral health services for Contra Costa Health Plan (CCHP) members with no change in the term of June 1, 2022 through May 31, 2025. FISCAL IMPACT: Approval of this amendment will result in additional annual expenditures of up to $600,000 and will be funded 100% by CCHP Enterprise Fund II. (Additional rates) BACKGROUND: CCHP has an obligation to provide certain specialized behavioral health services and Utilization Management (UM) services for its members under the terms of their Individual and Group Health Plan membership contracts with the County. Services for behavioral telehealth outpatient therapy, services may include, but are not limited to: electronic video and communication technologies to facilitate outpatient therapy services including diagnosis, consultation, treatment, education, and care management services for CCHP members. This contractor provides UM services for outpatient behavioral health program services for CCHP members. This contractor has been a part of the CCHP Provider Network since June 1, 2022. On June 21, 2022, the Board of Supervisors approved Contract #77-381 with 3 Prong (dba 3 Prong Health) in the amount of $600,000 for the provision of behavioral telehealth services and UM services for outpatient behavioral health program services to CCHP members, for the period June 1, 2022 through May 31, 2025. Approval of Contract Amendment Agreement #77-381-1, effective October 1, 2022, will increase the contract payment limit by $600,000 to a new payment limit not to exceed $1,200,000, to provide additional in-person behavioral health services for Contra Costa Health Plan (CCHP) members with no change in the contract term of June 1, 2022 through May 31, 2025. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sharron Mackey, 925-313-6104 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: K Cyr, M Wilhelm C. 42 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 18, 2022 Contra Costa County Subject:Contract Amendment Agreement #77-381-1 with 3 Prong (dba 3 Prong Health) CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, certain specialized in-person behavioral services for CCHP members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Novation Contract #74–526-14 with EMBRACE, a non-profit corporation, in an amount not to exceed $2,206,408, to provide mental health services, multisystemic therapy (MST) and Functional Family Therapy for Seriously Emotionally Disturbed (SED) adolescents and their families for the period from July 1, 2022 through June 30, 2023, including a six-month automatic extension in an amount not to exceed $1,103,204 through December 31, 2023. FISCAL IMPACT: Approval of this contract will result in annual expenditures of up to $2,206,408 and will be funded as budgeted by the department in FY 2022-23, by 40% Mental Health Services Act (MHSA) ($882,828), 34% Federal Medi-Cal ($746,275), 13% Probation Youthful Offender Block Grant ($296,000), 12% Mental Health Realignment Funds ($253,688), and 1% Measure X Funds ($27,617). (Rate increase) BACKGROUND: This contract meets the social needs of the County’s population by providing mental health services, including individual, group, and family counseling, assessment, case management, and rehabilitation support services to seriously and emotionally disturbed adolescents who are involved in the Juvenile Justice System. The County has been contracting with EMBRACE for FFT services since July 2016. On December 7, 2021, the Board of Supervisors approved Novation Contract #74-526-12 with EMBRACE, in the amount of $2,562,474, for the provision of mental health and FFT services for youth who have had serious contact with the Juvenile Justice System for the period from July 1, 2021 through June 30, 2022, which included a six-month automatic extension through December 31, 2022, in the amount of $1,281,237. On February 1, 2022 the Board of Supervisors approved Amendment Agreement #74-526-13, effective January 1, 2022, to increase the per minute billing rates due to COVID-19 with no change in the original payment limit and original term. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Suzanne Tavano Ph.D., 925-957-5212 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: E Suisala , M Wilhelm C. 43 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 18, 2022 Contra Costa County Subject:Novation Contract #74–526-14 with EMBRACE BACKGROUND: (CONT'D) Approval of Novation Contract #74-526-14 replaces the automatic extension under the prior contract and allows the contractor to continue providing mental health services through June 30, 2023. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, SED children and adolescents involved in the juvenile justice system will not have access to this contractor’s mental health services and may result in a reduction of services and placement in higher levels of care. CHILDREN'S IMPACT STATEMENT: This program supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS). RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County, as follows: (1) Cancelation Agreement #77-359-1 with Acclaim Mobility LLC, a limited liability company, effective at the end of business on August 31, 2022; and (2) Contract #77-359-2 with Acclaim Mobility LLC, a limited liability company, in an amount not to exceed $300,000, to provide non-emergency medical transportation services for Contra Costa Health Plan (CCHP) Members and county recipients, for the period September 1, 2022 through August 31, 2025. FISCAL IMPACT: This contract will result in contractual service expenditures of up to $300,000 over a 3-year period and will be funded 100% by CCHP Enterprise Fund II revenues. (Rate increase) BACKGROUND: CCHP has an obligation to provide certain specialized health care services for its members under the terms of their Individual and Group Health Plan membership contracts with the County. This Contractor has been a part of the CCHP Provider Network providing non-emergency medical transportation services including but not limited to wheelchair van services for CCHP members since July 2021. On July 13, 2021, the Board of Supervisors approved Contract #77-359 with Acclaim Mobility LLC, in an amount not to exceed $300,000, for the provision of non-emergency medical transportation services for CCHP members and county recipients for the period July 1, 2021 through June 30, 2024. On October 11, 2022, the Board of Supervisors approved a rescind prior board action pertaining to contracted services with Acclaim Mobility LLC. Due to an administrative oversight, the Board Order was approved with the term July 1, 2021 through June 30, 2022. The purpose of this Board Order was to correct the term previously approved by the Board on July 13, 2021, to match the term of the Contract of July 1, 2021 through June 30, 2024. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Sharron A. Mackey, 925-313-6104 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: Noel Garcia, Marcy Wilhelm C. 44 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 18, 2022 Contra Costa County Subject:Cancellation Agreement #77-359-1 and Contract #77-359-2 with Acclaim Mobility LLC BACKGROUND: (CONT'D) In consideration of the contractor’s agreement to continue providing services and the departments need to increase rates to maintain an adequate network for CCHP members to meet DHCS and DMHC mandates, the department and contractor have agreed to (1) mutual cancelation of the current contract in accordance with General Conditions Paragraph 5 (Termination), of the contract (Cancellation Agreement #77-359-1) will accomplish this cancelation, and (2) establish a new contract with the correct terms and conditions for the next three years. Under Contract #77-359-2 contractor will provide non-emergency medical transportation services for CCHP members and County recipients with the new contract term of September 1, 2022 through August 31, 2025. CONSEQUENCE OF NEGATIVE ACTION: If this cancelation and new contract is not approved certain specialized non-emergency medical transportation services for CCHP members under the terms of their Individual and Group Health Plan membership contracts with the County will not be provided. ATTACHMENTS RECOMMENDATION(S): APPROVE and AUTHORIZE the County Probation Officer, or designee, to execute a contract with Fresh Lifelines for Youth, in an amount not to exceed $1,043,045 to operate the STAY FLY Program to for Contra Costa County’s Transition Aged Youth (ages 18-25 years old) to prevent further justice system involvement for the period September 1, 2022 through October 30, 2025. FISCAL IMPACT: 100% Community Corrections Performance Incentive funds (SB 678) BACKGROUND: Founded in 2000, Fresh Lifelines for Youth is a nonprofit organization that services youth in the juvenile justice system as well as those who are at risk of involvement. They educate youth about the law, they support them to become leaders among their peers, and they provide them with positive mentors and role models. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Chris De Dios, 925-313-4120 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 45 To:Board of Supervisors From:Esa Ehmen-Krause, County Probation Officer Date:October 18, 2022 Contra Costa County Subject:Contract with Fresh Lifelines for Youth (STAY FLY Program) BACKGROUND: (CONT'D) Under this agreement, Fresh Lifelines for Youth will operate its STAY FLY Program in Contra Costa County. The STAY FLY Program is a reentry program for ages 18-25 years old that combines law related education, case management/coaching, prosocial events, and systems and community collaboration, to decrease youth's justice system involvement, increase youth's academic progress, build youth's social-emotional learning, mobilize non-traditionally engaged institutions to support youth at risk of justice system involvement, and improve effectiveness and education system practices for Transition Aged Youth. CONSEQUENCE OF NEGATIVE ACTION: Without this contract, Contra Costa County’s Transition Aged Youth population will fail to receive adequate support service. CHILDREN'S IMPACT STATEMENT: Not applicable. RECOMMENDATION(S): APPROVE and AUTHORIZE the Chief Probation Officer, or designee, to execute a contract with International Business Information Technologies, Inc dba LEFTA Systems, in an amount not to exceed $16,335 to provide a subscription and user licenses to Shield Suite software for the term October 4, 2022, through October 3, 2023. FISCAL IMPACT: 100% General Fund; $16,335. BACKGROUND: LEFTA System’s SHIELD Suite is a software application that our personnel/training staff will use to document employee Field Training, Use of Force, Employee Training Records, Field Investigation Reporting, Internal Affairs Investigations, Employee Complaints, Vehicle Incident Documentation, and other events. The system is Criminal Justice Information Services (CJIS) compliant which protects private or sensitive information gathered by local, state and federal law enforcement agencies. Under the contract, the County is obligated to indemnify LEFTA for claims arising out of County’s use of the software. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Dyanne Fankhauser, 925-313-4068 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 46 To:Board of Supervisors From:Esa Ehmen-Krause, County Probation Officer Date:October 18, 2022 Contra Costa County Subject:Lefta Shield Software CONSEQUENCE OF NEGATIVE ACTION: The information is currently stored in different places and is not stored as securely as it will be in this system. Probation will also not have a method to create a cohesive report detailing all of an employee’s training, any areas to be addressed, or the need for additional training. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Novation Contract #74–322–24 with Youth Homes Incorporated, a non-profit corporation, in an amount not to exceed $4,851,636, to provide residential treatment and Therapeutic Behavioral Services (TBS) to children who are Seriously Emotionally Disturbed (SED), for the period from July 1, 2022 through June 30, 2023, which includes a six-month automatic extension through December 31, 2023, in an amount not to exceed $2,425,818. FISCAL IMPACT: Approval of this contract will result in annual budgeted expenditures for FY 2022-2023 of up to $4,851,636 and will be funded by 50% Federal Medi-Cal ($2,425,818), 45% Mental Health Realignment Funds ($2,183,236) and 5% Measure X Funds ($242,582). (Rate increase) BACKGROUND: This contract meets the social needs of the County’s population by providing residential day treatment therapeutic behavioral services, including medication, support, crisis intervention and other mental health services to children who are seriously emotionally disturbed, and their families in order to keep them out of higher levels of placement. The contractor has been providing residential treatment services and TBS to SED children for the County since September 2007. On January 18, 2022, the Board of Supervisors approved Contract #74–322–22, with Youth Homes Incorporated, in an amount not to exceed $2,205,290, for the provision of residential treatment and TBS to SED children for the period from January 1, 2022 through June 30, 2022, including a six-month automatic extension through December 31, 2022, in an amount not to exceed $2,205,290. On February 1, 2022, the Board of Supervisors approved Amendment Agreement #74-322-23, effective January 1, 2022, to increase the per minute billing rates for the contract and automatic extension due to COVID-19 with no change in the original payment limit and original term. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Suzanne Tavano, Ph.D., 925-957-5212 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: E Suisala , M Wilhelm C. 47 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 18, 2022 Contra Costa County Subject:Contract #74–322–24 with Youth Homes Incorporated BACKGROUND: (CONT'D) Approval of Novation Contract #74-322-24 will replace the automatic extension under the prior contract and allow the contractor to continue to provide services through June 30, 2023. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, there would be fewer step-down group home options available in the County and SED children who are requiring this level of care may experience out of State placement. CHILDREN'S IMPACT STATEMENT: This contract supports the following Board of Supervisors’ community outcomes: “Children Ready For and Succeeding in School”; “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include an increase in positive social and emotional development as measured by the Child and Adolescent Functional Assessment Scale (CAFAS) and placement at discharge to a lower level of care. RECOMMENDATION(S): RESCIND Board action of September 13, 2022 (C.85), which pertained to a contract with TCS Risk Management Services; and APPROVE and AUTHORIZE the Director of Risk Management to execute Contract #48470 with TCS Risk Management Services in an amount not to exceed $220,800 to administer County-wide ergonomic programs for the period of July 1, 2022 through June 30, 2023. FISCAL IMPACT: Costs for administration of County-wide ergonomic programs will be paid from the Workers' Compensation Internal Service Fund. BACKGROUND: TCS Risk Management Services provides the following: review and administration of ergonomic programs; employee ergonomic evaluations; installation of ergonomic equipment; discount pricing for equipment; training and coordination with departments; timely delivery of ergonomic evaluations and equipment to prevent or reduce the level of injuries sustained by employees. The results are savings in workers' compensation claims. On September 13, 2022, the Board of Supervisors approved the Contract 48470 APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Karen Caoile 925-335-1400 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 48 To:Board of Supervisors From:Karen Caoile, Director of Risk Management Date:October 18, 2022 Contra Costa County Subject:Rescind Prior Board Action Pertaining to TCS Risk Management Services BACKGROUND: (CONT'D) with TCS Risk Management Services in an amount not to exceed $220,000 for the period of July1, 22 through June30, 223. However, an incorrect payment limit was submitted on the September 13, 2022 request. The requested payment limit should reflect an amount not to exceed $220,800 as stated in the Contract 48470. Approval of today's action will clarify the payment limit and allow the Department to execute the Contract with the correct payment limit that reflects the total amount needed to cover all services for the entire term of the Contract CONSEQUENCE OF NEGATIVE ACTION: Contractor will not receive full payment for all services that will be provided during the term of the contract. ATTACHMENTS TCS Rsk Mgt Contract Form L-1 (Page 1 of 2) Contra Costa County STANDARD CONTRACT Number: 48470 Standard Form L-1 (Purchase of Services – Long Form) Fund/Org: Various Revised 2014 Account: Other: 1. Contract Identification. Department: Risk Management Subject: Consulting/Ergo Lab 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: TCS Risk Management Services Capacity: Limited Liability Company Address: P O Box 287, San Ramon CA 94583 3. Term. The effective date of this Contract is July 1, 2022. It terminates on June 30, 2023 unless sooner terminated as provided herein. 4. Payment Limit. County’s total payments to Contractor under this Contract shall not exceed $ 220,800. 5. County’s Obligations. County shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. Contractor’s Obligations. Contractor shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorporated herein by reference. 8. Project. This Contract implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference. Not applicable Form L-1 (Page 2 of 2) Contra Costa County STANDARD CONTRACT Number: 48470 Standard Form L-1 (Purchase of Services – Long Form) Fund/Org: Various Revised 2014 Account: Other: 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: Section 31000 10. Signatures. These signatures attest the parties’ agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA BOARD OF SUPERVISORS By: ___________________________________________ Chair/Designee ATTEST: Clerk of the Board of Supervisors By: ___________________________________________ Deputy CONTRACTOR Signature A Name of business entity: TCS Risk Management Services By: ___________________________________________ (Signature of individual or officer) ___________________________________________ (Print name and title A, if applicable) Signature B Name of business entity: By: ___________________________________________ (Signature of individual or officer) ___________________________________________ (Print name and title B, if applicable. Note to Contractor: For corporations (profit or nonprofit) and limited liability companies, the contract must be signed by two officers. Signature A must be that of the chairman of the board, president, or vice-president; and Signature B must be that of the secretary, any assistant secretary, chief financial officer or any assistant treasurer (Civil Code Section 1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on Form L-2. Form L-2 (Page 1 of 1) Contra Costa County ACKNOWLEDGMENT/APPROVALS Number: 48470 Standard Form L-2 (Purchase of Services – Long Form) Revised 2014.2 ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) COUNTY OF CONTRA COSTA ) On _____________________________ (Date), before me, (Name and Title of the Officer), personally appeared, , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS MY HAND AND OFFICIAL SEAL. Signature of Notary Public Place Seal Above ACKNOWLEDGMENT (by Corporation, Partnership, or Individual) (Civil Code §1189) APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED BY COUNTY COUNSEL By: _____________________________ By: _____________________________ Designee Deputy County Counsel APPROVED: COUNTY ADMINISTRATOR By: _____________________________ Designee A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. Initials: Contractor County Dept. Form P-1 (Page 1 of 1) Contra Costa County PAYMENT PROVISIONS Number 48470 Standard Form P-1 (Fee Basis Contracts - Long and Short Form) Revised 2008 1. Payment Amounts. Subject to the Payment Limit of this Contract and subject to the following Payment Provisions, County will pay Contractor the following fee as full compensation for all services, work, expenses or costs provided or incurred by Contractor: [Check one alternative only.] a. $ monthly, or b. $ per unit, as defined in the Service Plan, or c. $ after completion of all obligations and conditions herein. d. Other: As provided in the Service Plan attached hereto. 2. Payment Demands. Contractor shall submit written demands for payment on County Demand Form D-15 in the manner and form prescribed by County. Contractor shall submit said demands for payment no later than 30 days from the end of the month in which the contract services upon which such demand is based were actually rendered. Upon approval of payment demands by the head of the County Department for which this Contract is made, or his designee, County will make payments as specified in Paragraph 1. (Payment Amounts) above. 3. Penalty for Late Submission. If County is unable to obtain reimbursement from the State of California as a result of Contractor’s failure to submit to County a timely demand for payment as specified in Paragraph 2. (Payment Demands) above, County shall not pay Contractor for such services to the extent County's recovery of funding is prejudiced by the delay even though such services were fully provided. 4. Right to Withhold. County has the right to withhold payment to Contractor when, in the opinion of County expressed in writing to Contractor, (a) Contractor's performance, in whole or in part, either has not been carried out or is insufficiently documented, (b) Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demand(s) for payment. 5. Audit Exceptions. Contractor agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate county, state or federal audit agencies resulting from its performance of this Contract. Within 30 days of demand, Contractor shall pay County the full amount of County's obligation, if any, to the state and/or federal government resulting from any audit exceptions, to the extent such are attributable to Contractor's failure to perform properly any of its obligations under this Contract. Initials: Contractor County Dept. Form L-3 (Page 1 of 4) Contra Costa County SERVICE PLAN OUTLINE Number 48470 Standard Form L-3 (Purchase of Services - Long Form) Revised 2008 The County’s ergonomic program is directed to prevent ergonomic injuries, reduce the severity of repetitive motion injuries, and mitigate post-injury disabilities using ergonomic modifications. Contractor will continue to implement on behalf of the County, an ergonomic program that is directed toward preventing ergonomic injuries, reducing the severity of repetitive motion injuries and mitigating post-injury disabilities using ergonomic modifications. In carrying out the ergonomic program, Contractor shall: A. Ergonomic Program Support - The Contractor shall provide services to support the County’s Ergonomic Program. In supporting the County’s ergonomic program, Contractor will perform the following tasks: 1. Provide an individual to be employed by Contractor, to coordinate all aspects of the contractor’s ergonomic program support. Duties of the "Ergonomic Coordinator" will include tracking of all aspects of evaluation referrals (Workers Comp/Preventative), equipment purchases and costs, delivery dates and completion timeliness 2. Timely evaluation referrals to certified ergonomic evaluators and immediate client notification of assignment. 3. Verify Ergo Eval Request have Dept and/or Safety Coordinator approval (workstation/chair or equipment fitting) 4. Verify County required online training is completed and WRAF forms signed by appropriate County staff Submit reports along with online training certification information and WRAF forms to be reviewed signed for approval. 5. Refer ergo evaluations to Panel Evaluator within 24 hours of completed authorizations. Confirm evaluation date once scheduled and diary case in system for recommendations from evaluator 6. Coordinator creates WRAF forms listing equipment and worksite modification recommendations from evaluator. Trace and provide pricing information for department approval. 7. Once approvals secured from Dept contact, complete paperwork to request and schedule any worksite modifications through outside vendor or work with departments through GSD/IT/DOIT. Notify appropriate Dept of scheduled dates. 8. Coordinator process equipment orders once approved, Submit work orders necessary to GSD for modification changes (except for HSD/EHSD Dept) Note: IT/DOIT are done in house through department. 9. Coordinator to follow up with departments on completion of work orders completed in house. 10. Coordinator to send follow up emails on pending WRAF forms and training completion 11. Coordinator to send any ADA related request to new ADA coordinator 12. Coordinator to send any Lighting issues/request to Risk Management 13. Coordinator to obtain MD Notes for sit stand requests for different department 14. Coordinate delivery/installations of equipment with vendor(s) and department 15. Confirm with employee, evaluator, vendor all recommendations are completed. 16. Facilitate scheduling of follow-up evaluation and a final report. 17. Secure, process and bundle all equipment and evaluator invoices to Risk Management for submission to Auditors for payment – Comply with Auditor’s requirement for verified ORG numbers and Employee ID’s. Complete and submit required invoice coversheets with invoices in numerical order, track and apply credits from returns/exchanges 18. Respond to all vendor inquiries on payments and outstanding invoice Initials: Contractor County Dept. Form L-3 (Page 2 of 4) 19. Supply evaluation referrals in a timely manner to certified ergonomic evaluators and provide immediate client notification of pending assignments per regulatory compliance. (Title 8, Section 5110) 20. Review existing County ergonomic policies and procedures, observations/findings, and, as necessary, provide recommendations to meet the County's needs and satisfy current regulations 21. Closed/completed cases are sorted, bundled, and saved to Risk Management L drive for storage and back- up 22. Secure and submit Employee survey to Risk Management 23. Run status reports for Risk Management and departments as requested 24. The ergonomic coordinator will also serve as a resource to the County, its departments, and workers' compensation claims adjusting unit for the ergonomic program. B. Maintain and manage a vendor panel of Ergonomic Evaluators to provide office ergonomic evaluations 1. Maintains a pool of qualified Ergonomic Evaluators 2. Annual Ergonomics Program Meeting with Evaluators/Vendors/Risk Management/EHSD/HSD 3. work with Risk Management to find location to host meeting 4. coordinate and schedule date and time with all parties (evaluators, vendors, some Risk Management/EHSD/HSD staff) 5. create agenda for meeting, documents, handouts 6. Contractor to provide refreshments and food 7. Contractor is delegated the authority to change equipment vendors and evaluators as required based on competitive pricing and timely delivery of services and equipment. C. Acknowledge the varying process among different departments including but not limited to: 1. Public Defender Office – only approve OM chairs to be ordered, keep recommendations to minimum 2. Employment and Human Services Department (EHSD)- requires a medical doctor note for a sit stand recommendation, IT does not approve wireless devices only ordered on a case by case. Follow up with EHSD clerk sups on completions-submits work orders for IT/GSD/DOIT 3. Health Services Department (HSD) – Keep track of building departmental contacts that need to be included on any Ergonomic related requests. follow up with HSD on IT/GSD/DOIT request 4. Department of Child Support Services (DCSS) - requires medical doctor note to order a sit stand workstation 5. Assessor – only recommend desktop versions of a sit stand system 6. Probation- recommend only desktop versions of a sit stand system 7. Probation - find available equipment if able for repurpose/keep recommendations to minimum D. Ergonomic Equipment 1. Support the County’s Climate Action Plan and implement, maintain, promote the repurposing of Recycled/Surplus Ergo Equipment a. some re-useable equipment is retrieved and stored at the ERGO LAB other items may be stored at HSD Storage PO b. Coordinator will search re-use list before ordering new items, if located send/receive equipment to dept via interoffice mail c. on occasion coordinator to pick up/delivery from county sites if needed d. visit surplus as needed to look for equipment (1-2 year) Initials: Contractor County Dept. Form L-3 (Page 3 of 4) 2. Management of warranty including but not limited to repairs, replacements, delivery or installation services a. ship out defective equipment back to manufacture via UPS/FEDEX/USPS Mail in accordance with warranty replacement terms 3. Equipment List for Pricing: CCC Equipment Report Process: Run Equipment Report from TCS database a. Send out emails to vendors (listed on our panel) providing a list of frequent purchases ordered throughout the year for review. Then Request for response by the deadline specified. b. Once equipment pricing is received, compile information to spread sheet and list the price quote provided and is separated by vendor. The best priced listed will be highlighted so that it is easier to identify. Any equipment that has been discontinued will be marked and a suggested replacement will be listed as an option. c. The shipping/installation costs are separated and will be noted if drop ship has surcharge. The equipment installation is outsourced to installer vendors and is quoted on per request basis (either hourly or flat rate). d. The price increase percentage will vary among product lines and product category from manufacture. We try to make every effort to be the best source of quality and service E. Description of Workers’ Compensation (WC) Related Ergonomic Request 1. Claims examiner to submit Ergo Request Form for WC related Ergo requests 2. Coordinator assigns case to ergonomist to schedule evaluation. 3. Coordinator follow-up for evaluation report and submits recommendations to claims for approval and authorization to proceed. A copy of the report is also sent to the employee for reference. Employees have option to complete online training or not since this is Worker Comp Claim orders are process right away after approval. 4. Once approval is obtained, coordinate all worksite modifications, equipment purchases and deliveries/installations. 5. Invoices bundled for each case and sent to examiner for payment from the claim file 6. Evaluator Reports and follow ups are sent to claims adjuster for claim records. 7. Returns/Exchanges of Equipment 8. Coordinator works with employees to send equipment to lab for warranty replacement by manufacturer where applicable 9. Coordinator to work with vendors for return/exchange and reassignment if equipment has passed the return policy date. Coordinator to maintain personal list of surplus items to be reassigned for repurpose 10. Supply the County, its departments and workers' compensation claims unit with a roster of ergonomic equipment suppliers and vendors, with whom the Contractor has arranged discounts for County' s benefit. Contractor warrants that, except for equipment that may be furnished solely for display or demonstration purposes, no supplier or vendor of any ergonomic equipment to County has provided or will provide any financial or other incentive inuring to the benefit of Contractor F. Program Performance 1. Provide data and analysis for annual ergo meetings. 2. Produce presentations for meetings. Initials: Contractor County Dept. Form L-3 (Page 4 of 4) 3. Update ergo program stats and results. 4. Provide regular ergonomic data and analysis for Risk Management including a. Employee Feedback Surveys b. Status reports for Risk Management and County Departments c. Reports indicating Key Performance Indicators measuring effectiveness of program 5. Provide upon request, presentations for meetings with updated ergo program stats and results as needed. G. Contract Cost 1. Preventative evaluations and equipment costs will be charged directly to the Departments through the Auditor's Office 2. Risk Management will pay costs relating to workers’ compensation claim 3. Contractor is delegated the authority to change equipment vendors and evaluators as required based on competitive pricing and timely delivery of services and equipment County is re-assessing the need for a dedicated Ergonomics Lab or location of the Ergonomic Lab. In the interim, at County's expense, will provide Contractor with the use of office space, office furniture, one (1) photocopier, two (2) telephone lines linked to the County telephone system, one (1) telephone, and a quantity of office supplies, all of which are to be used by Contractor solely for the benefit of County for an ergonomics laboratory and an "Ergonomic Coordinator." County will remit a monthly fee of $18,400 per month for a total contract payment limit not to exceed $220,800. Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services - Long Form) Revised 2016 Contractor County Dept. Form L-5 (Page 1 of 7) 1. Compliance with Law. Contractor is subject to and must comply with all applicable federal, state, and local laws and regulations with respect to its performance under this Contract, including but not limited to, licensing, employment, and purchasing practices; and wages, hours, and conditions of employment, including nondiscrimination. 2. Inspection. Contractor's performance, place of business, and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. Records. Contractor must keep and make available for inspection and copying by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the County. a. Retention of Records. Contractor must retain all documents pertaining to this Contract for five years from the date of submission of Contractor's final payment demand or final Cost Report; for any further period that is required by law; and until all federal/state audits are complete and exceptions resolved for this Contract's funding period. Upon request, Contractor must make these records available to authorized representatives of the County, the State of California, and the United States Government. b. Access to Books and Records of Contractor, Subcontractor. Pursuant to Section 1861(v)(1) of the Social Security Act, and any regulations promulgated thereunder, Contractor must, upon written request and until the expiration of five years after the furnishing of services pursuant to this Contract, make available to the County, the Secretary of Health and Human Services, or the Comptroller General, or any of their duly authorized representatives, this Contract and books, documents, and records of Contractor necessary to certify the nature and extent of all costs and charges hereunder. Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or cost of $10,000 or more over a twelve-month period, such subcontract must contain a clause to the effect that upon written request and until the expiration of five years after the furnishing of services pursuant to such subcontract, the subcontractor must make available to the County, the Secretary, the Comptroller General, or any of their duly authorized representatives, the subcontract and books, documents, and records of the subcontractor necessary to verify the nature and extent of all costs and charges thereunder. This provision is in addition to any and all other terms regarding the maintenance or retention of records under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor. 4. Reporting Requirements. Pursuant to Government Code Section 7550, Contractor must include in all documents and written reports completed and submitted to County in accordance with this Contract, a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report. This section applies only if the Payment Limit of this Contract exceeds $5,000. Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services - Long Form) Revised 2016 Contractor County Dept. Form L-5 (Page 2 of 7) 5. Termination and Cancellation. a. Written Notice. This Contract may be terminated by either party, in its sole discretion, upon thirty-day advance written notice thereof to the other, and may be cancelled immediately by written mutual consent. b. Failure to Perform. County, upon written notice to Contractor, may immediately terminate this Contract should Contractor fail to perform properly any of its obligations hereunder. In the event of such termination, County may proceed with the work in any reasonable manner it chooses. The cost to County of completing Contractor's performance will be deducted from any sum due Contractor under this Contract, without prejudice to County's rights to recover damages. c. Cessation of Funding. Notwithstanding any contrary language in Paragraphs 5 and 11, in the event that federal, state, or other non-County funding for this Contract ceases, this Contract is terminated without notice. 6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understanding, oral or otherwise, regarding the subject matter of this Contract will be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operating Procedures. Detailed specifications of operating procedures and budgets required by this Contract, including but not limited to, monitoring, evaluating, auditing, billing, or regulatory changes, may be clarified in a written letter signed by Contractor and the department head, or designee, of the county department on whose behalf this Contract is made. No written clarification prepared pursuant to this Section will operate as an amendment to, or be considered to be a part of, this Contract. 8. Modifications and Amendments. a. General Amendments. In the event that the total Payment Limit of this Contract is less than $100,000 and this Contract was executed by the County’s Purchasing Agent, this Contract may be modified or amended by a written document executed by Contractor and the County’s Purchasing Agent or the Contra Costa County Board of Supervisors, subject to any required state or federal approval. In the event that the total Payment Limit of this Contract exceeds $100,000 or this Contract was initially approved by the Board of Supervisors, this Contract may be modified or amended only by a written document executed by Contractor and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required state or federal approval. b. Minor Amendments. The Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by Contractor and the County Administrator (or designee), subject to any required state or federal approval, provided that such administrative amendment may not increase the Payment Limit of this Contract or reduce the services Contractor is obligated to provide pursuant to this Contract. 9. Disputes. Disagreements between County and Contractor concerning the meaning, requirements, or performance of this Contract shall be subject to final written determination by the head of the county department for which this Contract is made, or his designee, or in accordance with the applicable procedures (if any) required by the state or federal government. Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services - Long Form) Revised 2016 Contractor County Dept. Form L-5 (Page 3 of 7) 10. Choice of Law and Personal Jurisdiction. a. This Contract is made in Contra Costa County and is governed by, and must be construed in accordance with, the laws of the State of California. b. Any action relating to this Contract must be instituted and prosecuted in the courts of Contra Costa County, State of California. 11. Conformance with Federal and State Regulations and Laws. Should federal or state regulations or laws touching upon the subject of this Contract be adopted or revised during the term hereof, this Contract will be deemed amended to assure conformance with such federal or state requirements. 12. No Waiver by County. Subject to Paragraph 9. (Disputes) of these General Conditions, inspections or approvals, or statements by any officer, agent or employee of County indicating Contractor's performance or any part thereof complies with the requirements of this Contract, or acceptance of the whole or any part of said performance, or payments therefor, or any combination of these acts, do not relieve Contractor's obligation to fulfill this Contract as prescribed; nor is the County thereby prevented from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract. 13. Subcontract and Assignment. This Contract binds the heirs, successors, assigns and representatives of Contractor. Prior written consent of the County Administrator or his designee, subject to any required state or federal approval, is required before the Contractor may enter into subcontracts for any work contemplated under this Contract, or before the Contractor may assign this Contract or monies due or to become due, by operation of law or otherwise. 14. Independent Contractor Status. The parties intend that Contractor, in performing the services specified herein, is acting as an independent contractor and that Contractor will control the work and the manner in which it is performed. This Contract is not to be construed to create the relationship between the parties, or between County and any Contractor employee, of agent, servant, employee, partnership, joint venture, or association. Neither Contractor, nor any of its employees, is a County employee. This Contract does not give Contractor, or any of its employees, any right to participate in any pension plan, workers’ compensation plan, insurance, bonus, or similar benefits County provides to its employees. In the event that County exercises its right to terminate this Contract, Contractor expressly agrees that it will have no recourse or right of appeal under any rules, regulations, ordinances, or laws applicable to employees. 15. Conflicts of Interest. Contractor covenants that it presently has no interest and that it will not acquire any interest, direct or indirect, that represents a financial conflict of interest under state law or that would otherwise conflict in any manner or degree with the performance of its services hereunder. Contractor further covenants that in the performance of this Contract, no person having any such interests will be employed by Contractor. If requested to do so by County, Contractor will complete a “Statement of Economic Interest” form and file it with County and will require any other person doing work under this Contract to complete a “Statement of Economic Interest” form and file it with County. Contractor covenants that Contractor, its employees and officials, are not now employed by County and have not been so employed by County within twelve months immediately preceding this Contract; or, if so employed, did not then and do not now occupy a position that would create a conflict of interest under Government Code section 1090. In Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services - Long Form) Revised 2016 Contractor County Dept. Form L-5 (Page 4 of 7) addition to any indemnity provided by Contractor in this Contract, Contractor will indemnify, defend, and hold the County harmless from any and all claims, investigations, liabilities, or damages resulting from or related to any and all alleged conflicts of interest. Contractor warrants that it has not provided, attempted to provide, or offered to provide any money, gift, gratuity, thing of value, or compensation of any kind to obtain this Contract. 16. Confidentiality. To the extent allowed under the California Public Records Act, Contractor agrees to comply and to require its officers, partners, associates, agents and employees to comply with all applicable state or federal statutes or regulations respecting confidentiality, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that no person will publish or disclose or permit or cause to be published or disclosed, any list of persons receiving services, except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. 17. Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract will be available to all qualified persons regardless of age, gender, race, religion, color, national origin, ethnic background, disability, or sexual orientation, and that none will be used, in whole or in part, for religious worship. 18. Indemnification. Contractor will defend, indemnify, save, and hold harmless County and its officers and employees from any and all claims, demands, losses, costs, expenses, and liabilities for any damages, fines, sickness, death, or injury to person(s) or property, including any and all administrative fines, penalties or costs imposed as a result of an administrative or quasi-judicial proceeding, arising directly or indirectly from or connected with the services provided hereunder that are caused, or claimed or alleged to be caused, in whole or in part, by the negligence or willful misconduct of Contractor, its officers, employees, agents, contractors, subcontractors, or any persons under its direction or control. If requested by County, Contractor will defend any such suits at its sole cost and expense. If County elects to provide its own defense, Contractor will reimburse County for any expenditures, including reasonable attorney’s fees and costs. Contractor’s obligations under this section exist regardless of concurrent negligence or willful misconduct on the part of the County or any other person; provided, however, that Contractor is not required to indemnify County for the proportion of liability a court determines is attributable to the sole negligence or willful misconduct of the County, its officers and employees. This provision will survive the expiration or termination of this Contract. 19. Insurance. During the entire term of this Contract and any extension or modification thereof, Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. Commercial General Liability Insurance. For all contracts where the total payment limit of the contract is $500,000 or less, Contractor will provide commercial general liability insurance, including coverage for business losses and for owned and non-owned automobiles, with a minimum combined single limit coverage of $500,000 for all damages, including consequential damages, due to bodily injury, sickness or disease, or death to any person or damage to or destruction of property, including the loss of use thereof, arising from each occurrence. Such insurance must be endorsed to include County and its officers and employees as additional insureds as to all services performed by Contractor under this Contract. Said policies must constitute primary insurance as to County, the state and federal governments, and their officers, agents, and employees, so that other insurance policies held by Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services - Long Form) Revised 2016 Contractor County Dept. Form L-5 (Page 5 of 7) them or their self-insurance program(s) will not be required to contribute to any loss covered under Contractor’s insurance policy or policies. Contractor must provide County with a copy of the endorsement making the County an additional insured on all commercial general liability policies as required herein no later than the effective date of this Contract. For all contracts where the total payment limit is greater than $500,000, the aforementioned insurance coverage to be provided by Contractor must have a minimum combined single limit coverage of $1,000,000. b. Workers' Compensation. Contractor must provide workers' compensation insurance coverage for its employees. c. Certificate of Insurance. The Contractor must provide County with (a) certificate(s) of insurance evidencing liability and worker's compensation insurance as required herein no later than the effective date of this Contract. If Contractor should renew the insurance policy(ies) or acquire either a new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract, then Contractor must provide (a) current certificate(s) of insurance. d. Additional Insurance Provisions. No later than five days after Contractor’s receipt of: (i) a notice of cancellation, a notice of an intention to cancel, or a notice of a lapse in any of Contractor’s insurance coverage required by this Contract; or (ii) a notice of a material change to Contractor’s insurance coverage required by this Contract, Contractor will provide Department a copy of such notice of cancellation, notice of intention to cancel, notice of lapse of coverage, or notice of material change. Contractor’s failure to provide Department the notice as required by the preceding sentence is a default under this Contract 20. Notices. All notices provided for by this Contract must be in writing and may be delivered by deposit in the United States mail, postage prepaid. Notices to County must be addressed to the head of the county department for which this Contract is made. Notices to Contractor must be addressed to the Contractor's address designated herein. The effective date of notice is the date of deposit in the mails or of other delivery, except that the effective date of notice to County is the date of receipt by the head of the county department for which this Contract is made. 21. Primacy of General Conditions. In the event of a conflict between the General Conditions and the Special Conditions, the General Conditions govern unless the Special Conditions or Service Plan expressly provide otherwise. 22. Nonrenewal. Contractor understands and agrees that there is no representation, implication, or understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following expiration or termination of this Contract, and Contractor waives all rights or claims to notice or hearing respecting any failure to continue purchasing all or any such services from Contractor. 23. Possessory Interest. If this Contract results in Contractor having possession of, claim or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue & Taxation Code Section 107), such interest or improvements may represent a possessory interest subject to property tax, and Contractor may be subject to the payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue & Taxation Code Section 107.6, and waives all rights to further notice or to damages under that or any comparable statute. Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services - Long Form) Revised 2016 Contractor County Dept. Form L-5 (Page 6 of 7) 24. No Third-Party Beneficiaries. Nothing in this Contract may be construed to create, and the parties do not intend to create, any rights in third parties. 25. Copyrights, Rights in Data, and Works Made for Hire. Contractor will not publish or transfer any materials produced or resulting from activities supported by this Contract without the express written consent of the County Administrator. All reports, original drawings, graphics, plans, studies and other data and documents, in whatever form or format, assembled or prepared by Contactor or Contractor’s subcontractors, consultants, and other agents in connection with this Contract are “works made for hire” (as defined in the Copyright Act, 17 U.S.C. Section 101 et seq., as amended) for County, and Contractor unconditionally and irrevocably transfers and assigns to Agency all right, title, and interest, including all copyrights and other intellectual property rights, in or to the works made for hire. Unless required by law, Contractor shall not publish, transfer, discuss, or disclose any of the above-described works made for hire or any information gathered, discovered, or generated in any way through this Agreement, without County’s prior express written consent. If any of the works made for hire is subject to copyright protection, County reserves the right to copyright such works and Contractor agrees not to copyright such works. If any works made for hire are copyrighted, County reserves a royalty-free, irrevocable license to reproduce, publish, and use the works made for hire, in whole or in part, without restriction or limitation, and to authorize others to do so. 26. Endorsements. In its capacity as a contractor with Contra Costa County, Contractor will not publicly endorse or oppose the use of any particular brand name or commercial product without the prior written approval of the Board of Supervisors. In its County-contractor capacity, Contractor will not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and widely accepted scientific basis for such claims or without the prior written approval of the Board of Supervisors. In its County-contractor capacity, Contractor will not participate or appear in any commercially produced advertisements designed to promote a particular brand name or commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractor's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing, Contractor may express its views on products to other contractors, the Board of Supervisors, County officers, or others who may be authorized by the Board of Supervisors or by law to receive such views. 27. Required Audit. a. If Contractor expends $750,000 or more in federal grant funds in any fiscal year from any source, Contractor must provide to County, at Contractor's expense, an audit conforming to the requirements set forth in the most current version of Code of Federal Regulations, Title 2, Part 200, Subpart F. b. If Contractor expends less than $750,000 in federal grant funds in any fiscal year from any source, but the grant imposes specific audit requirements, Contractor must provide County with an audit conforming to those requirements. c. If Contractor expends less than $750,000 in federal grant funds in any fiscal year from any source, Contractor is exempt from federal audit requirements for that year except as required by Code of Federal Regulations, Title 2, Part 200, Subpart F. Contractor shall make its records available for, and an audit may be required by, appropriate officials of the federal awarding agency, the General Accounting Office , the pass-through entity and/or the County. If an audit is required, Contractor must provide County with the audit. Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services - Long Form) Revised 2016 Contractor County Dept. Form L-5 (Page 7 of 7) d. With respect to the audits specified in sections (a), (b) and (c) above, Contractor is solely responsible for arranging for the conduct of the audit, and for its cost. County may withhold the estimated cost of the audit or 10 percent of the contract amount, whichever is greater, or the final payment, from Contractor until County receives the audit from Contractor. 28. Authorization. Contractor, or the representative(s) signing this Contract on behalf of Contractor, represents and warrants that it has full power and authority to enter into this Contract and to perform the obligations set forth herein. 29. No Implied Waiver. The waiver by County of any breach of any term or provision of this Contract will not be deemed to be a waiver of such term or provision or of any subsequent breach of the same or any other term or provision contained herein. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County as follows: (1) Cancelation Agreement #26-515-18 with Virtual Radiologic Professionals of California, P.A., a corporation, effective at the end of business on November 30, 2022; and (2) Contract #26-515-19 with Virtual Radiologic Professionals of California, P.A., a corporation, in an amount not to exceed $1,200,000, to provide teleradiology services at Contra Costa Regional Medical Center (CCRMC) and Contra Costa Health Centers, for the period from December 1, 2022 through November 30, 2025. FISCAL IMPACT: This contract will result in contractual service expenditures of up to $1,200,000 over a 3-year period and will be funded 100% by Hospital Enterprise Fund I revenues. BACKGROUND: Due to the limited number of specialty providers available within the community, CCRMC and Contra Costa Health Centers rely on contracts to provide necessary specialty health services to their patients. CCRMC has been contracting with Virtual Radiologic Professionals of California, P.A. since March 2005. On June 22, 2021, the Board of Supervisors approved Contract #26-515-17 with Virtual Radiologic Professionals of California, P.A., in an amount not to exceed $685,000 for the provision of teleradiology services at CCRMC and Contra Costa Health Centers for the period from August 1, 2021 through July 31, 2024. In consideration of county’s difficulty in retaining qualified diagnostics radiologists for teleradiology services due to noncompetitive wages, and the agreement to continue providing services, the department and contractor have agreed to (1) mutual cancelation of the current contract in accordance with General Conditions Paragraph 5 (Termination), of the contract (Cancellation Agreement #26-515-18) will accomplish this cancellation, and (2) establish a new contract with increased rates for the next three years. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Samir Shah, M.D., 925-370-5525 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: L Walker, M Wilhelm C. 49 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 18, 2022 Contra Costa County Subject:Cancelation Agreement #26-515-18 and Contract #26-515-19 with Virtual Radiologic Professionals of California, P.A. BACKGROUND: (CONT'D) Approval of Contract #26-515-19 will allow the contractor to continue to provide teleradiology services through November 30, 2025. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the contractor will not be able to provide teleradiology services at CCRMC and Contra Costa Health Centers. RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of County Novation Contract #74-377-13 with RYSE, Inc., a California Nonprofit Corporation, in an amount not to exceed $533,652, to provide Mental Health Services Act (MHSA) Prevention and Early Intervention (PEI) services to at-risk youth in West Contra Costa County, for the period from July 1, 2022 through June 30, 2023, which includes a six-month automatic extension through December 31, 2023, in an amount not to exceed $266,826. FISCAL IMPACT: Approval of this contract will result in budgeted expenditures of up to $533,652 and will be funded 100% by Mental Health Services Act Fund. (Rate increase) BACKGROUND: This contract meets the social needs of the County’s population by engaging youth at risk of mental illness or severe emotional disturbance in transformative work that recognizes and addresses the histories and inequitable burden of trauma and violence experienced in West Contra Costa County, including programs aimed at greater youth acceptance of Lesbian, Gay, Bisexual, Transgender, Queer and Questioning (LGBTQQ) students in schools by providing harm reduction presentations: in schools; facilitates access and linkage to mental health treatment and improves timely access to mental health treatment utilizing strategies which are non-stigmatizing and non-discriminatory; to community organizations and public agencies; at monthly cultural events, and during monthly membership meetings. The Behavioral Health Services Department has been contracting with RYSE, Inc., A California Nonprofit Corporation since July 2009. On December 7, 2021, the Board of Supervisors approved Novation Contract #74-377-12 with RYSE, Inc., A California Nonprofit Corporation, in an amount not to exceed $518,109, for the provision of MHSA-PEI services for the period July 1, 2021 through June 30, 2022. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Suzanne Tavano, 925-957-5212 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: K Cyr, M Wilhelm C. 50 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 18, 2022 Contra Costa County Subject:Novation Contract #74-377-13 with RYSE, Inc., A California Nonprofit Corporation BACKGROUND: (CONT'D) Approval of Contract #74-377-13 replaces the automatic extension under the prior contract and allows the contractor to continue providing services through June 30, 2023. CONSEQUENCE OF NEGATIVE ACTION: If this contract is not approved, the contractor will not provide the health and wellness program which provides youth centered assessment goal setting, support and wellness services or the trauma response and resilience system providing support and response to incidents of violence to diverse cultural communities in West Contra Costa County. CHILDREN'S IMPACT STATEMENT: This MHSA-PEI program supports the following Board of Supervisors’ community outcomes: “Families that are Safe, Stable, and Nurturing”; and “Communities that are Safe and Provide a High Quality of Life for Children and Families”. Expected program outcomes include increases in social connectedness, communication skills, parenting skills, and knowledge of the human service system in Contra Costa County. RECOMMENDATION(S): APPROVE and AUTHORIZE the Auditor-Controller, to pay $126,847.56 to American Medical Response West, a corporation, for overdose prevention and education services for medical emergency 9-1-1 callers participating in the Choosing Change Program for overdose prevention services provided by Contractor in good faith for the period January 1, 2022 through September 30, 2022. FISCAL IMPACT: Approval of this payment will result in annual expenditures of $126,847.56 and is funded 100% by State Opioid Multiagency Response Initiative Grants. BACKGROUND: The contractor collaborates with Contra Costa Public Health (CCPH) to implement the Choosing Change three-year pilot program. Contractor services include providing education to patients, family members and bystanders involved in 9-1-1 overdose emergency calls on the proper administration of Narcan, distributing Narcan for future use for patients post-Narcan administration and for family members or bystanders in high-risk situations, and administration of first dose of Buprenorphine to patients in acute withdrawal. On April 28, 2020, the Board of Supervisors approved Contract #72-147 with American Medical Response West, in an amount not to exceed $233,816, to implement the Choosing Change Program, an overdose prevention program, which allows emergency responders to provide opioid overdose medication to patients and bystanders and education services on same for the period from January 1, 2020 through August 31, 2022. On January 18, 2022, the Board of Supervisors approved Amendment/Extension Agreement #72-147-1, effective October 1, 2021 to decrease funds by $116,231 to a new payment limit of $117,585, and extend the contract term from August 31, 2022 to September 30, 2022, for contractor to continue providing overdose prevention services and education to patients, family members and bystanders involved in 9-1-1 overdose emergency calls and administration of Narcan and Buprenorphine. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Ori Tzvieli, M.D., 925-608-5267 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: K Cyr, M Wilhelm C. 51 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 18, 2022 Contra Costa County Subject:Payments for Services Provided by American Medical Response West BACKGROUND: (CONT'D) It came to the attention of the Division in September, 2022 the payment limit had been decreased instead of increased on the prior Amendment/Extension Agreement #72-147-1 and invoices from the Contractor exceeded the amended contract payment limit by $126,847.56 and Contractor had not been paid for services provided from January 1, 2022 through September 30, 2022. The Contractor is entitled to payment for the reasonable value of its services under the equitable relief theory of quantum meruit. That theory provides that where a contractor has been asked to provide services without a valid contract, and the contractor does so to the benefit of the County, the Contractor is entitled to recover the reasonable value of those services. The Contractor has provided services at the request of the County after the amended contract payment limit had been reached. The Department cannot pay Contractor for services rendered that exceed the contract limits. As such, the Department recommends that the Board authorize the Auditor-Controller to issue a one-time payment not to exceed $126,847.56 to American Medical Response West. CONSEQUENCE OF NEGATIVE ACTION: If this Board Order is not approved, the Contractor will not be paid for services requested by County staff and provided by Contractor. ATTACHMENTS RECOMMENDATION(S): ACCEPT a status report on the Independent Living Skills Program activities, as recommended by the Family and Human Services Committee. FISCAL IMPACT: There is no fiscal impact for this action. BACKGROUND: An annual update of the Independent Living Schools Program administered by the Employment and Human Services Department (EHSD) was first referred to the Family and Human Services Committee (FHS) by the Board of Supervisors on October 17, 2006. On June 7, 2016, EHSD requested, and the Board approved, expanding Referral #93 – Independent Living Skills Program to include additional youth services updates and retitling the referral to “Youth Services Report”, so that the department can include reports on all youth services offered in the community through EHSD, including Workforce Investment and Opportunity Act (WIOA) and CalWORKs youth services. Prior to the report delivered on July 25, 2022, the Family and Human Services Committee had last received an annual report on this referral on June 28, 2021. The delay getting the report to the Board of Supervisors is due to administrative APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: V. Kaplan, (925) 608-5052 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 52 To:Board of Supervisors From:Marla Stuart, Employment and Human Services Director Date:October 18, 2022 Contra Costa County Subject:Youth Services Report - Independent Living Skills Program Update BACKGROUND: (CONT'D) staff oversight after the FHS approved. Committee staff are reviewing all FHS approved items to be forwarded to the Board, and has improved its tracking tool to ensure these delays do not occur in the future. CONSEQUENCE OF NEGATIVE ACTION: The report will not be received. ATTACHMENTS FHS Youth Presentation Presentation to the Family and Human Services Committee –October 18, 2022 Marla Stuart, MSW, PhD Director, Employment and Human Services Department mstuart@ehsd.cccounty.us Youth Services Report 1 Youth Services Overview Youth = Age 14-24 •Independent Living Skills Program (ILSP) •Cal-Learn •Helping Youth Participate in Employment (HYPE) Summer Youth Program •Workforce Innovation and Opportunity Act (WIOA) Youth Programs •Youth Centers 2 Youth Served on August 30, 2022 3 56,624 Number of unduplicated youth age 14-24 served •Medi-Cal: 96.5% (54,631) •CalFresh: 24.4% (13,811) •CalWORKs: 5.7% (3,239) •Received supportive services such as Adoption Assistance, Independent Living Skills Program (ILSP), Foster Care, Workforce Innovation and Opportunity Act (WIOA) Youth Programs, and KinGAP: 3.5% (1,965) ** 36.5%Approximate percent of the youth population, age 14-24 in Contra Costa County* Data Sources: CalWIN Tables MR0007E and INDV for benefits program participant list and ad-hoc ILSP, Summer Youth Program, CalLearn, and WIOA Youth participant lists * Estimate obtained from 2020 ACS 5-Year Estimates Table S0101; added the number of age 15-19 individuals, age 20-24 individuals, and 20% of age 10-14 individuals = ~155,314 ** Programs are described in subsequent slides Youth Served in August 2022 4 Program % of Contra Costa Age 14-24 Youth Served* Investment (Estimated August 2022 expenses) Investment per Youth Served (Estimated August 2022 expenses per youth) Medi-Cal 35.1% (54,631)-- CalFresh 8.9% (13,811)-- CalWORKs 2.1% (3,239)-- Independent Living Skills Program <1% (520)$52,011 $100 Cal-Learn <1% (21)$44,083 $2,099 Helping Youth Participate in Employment (HYPE) Summer Youth Program <1% (14)$19,320 $1,380 Workforce Innovation and Opportunity Act (WIOA) Youth Programs <1% (178)$142,058 $798 * ~155,314 individuals; estimate obtained from 2020 ACS 5-Year Estimates Table S0101 by adding the number of age 15-19 individuals, age 20-24 individuals, and 20% of age 10-14 individuals Independent Living Skills Program (ILSP) Youth Served (July 1, 2021 –June 30, 2022) 5 ILSP provides services to youth who are in care or recently transitioned from Foster Care. Education •15 referrals to Job Corps and Civic Corps •27 referrals to Workforce Innovation and Opportunity Act (WIOA) case managers for employment services •81 workshops by financial institutions •9 paid internship positions through Family Harvest Farm Employment •39 foster youth received $200 high school graduation stipends in partnership with the Office of Education. •$75,000 in scholarships awarded to 29 foster youth, 1 adopted youth, 1 reunified youth, 1 probation youth, and 1 Kin-GAP youth. •22 youth attended Foster Youth Success workshops provided by local Contra Costa community colleges. •41 youth completed Federal Student Aid applications. •23 foster youth received laptops from the Bridging Tech Charitable Fund. Housing •76 youth housed Well-Being •43 youth attended the Healthy Relationship curriculum provided by Shores of Hope. •182 Transitional Independent Living Plans (TILPs) were developed. •Average of 141 youth per month received one-on-one services. •59 youth with time-sensitive needs received financial support from the ILSP Fund (managed by VESTIA, Inc.). To date, $14,670 has been spent. Highlights Cal-Learn 6 21 Number of youth served by Cal-Learn in August 2022 Highlights Cal-Learn helps youth, who are pregnant or parenting, age 19 or younger, and receiving CalWORKs, graduate from high school, obtain their GED, or equivalent. 3 Number of teens who obtained their GED HYPE Summer Youth Program 7 Highlights Helping Youth Participate in Employment (HYPE) is a pilot Summer Youth Program with Pittsburg High School to serve youth ages 14 and 15 whose parents are receiving CalWORKs. Number of youth attended Pittsburg High School’s Credit Recovery Program and earn pay for attendance and progress. These youth attended various workshops, such as resume writing, money management, mock interviews, etc. They learned soft skills and obtained job readiness education. 14 Workforce Innovation and Opportunity Act (WIOA) Youth Program 8 Highlights •WIOA Out of School Youth Program –Services for out-of-school youth with barriers or challenges to employment, including unhoused or disabled, and current or former foster youth. •WIOA In-School Youth Program –Services to low-income youth who are in school. Workforce Innovation Opportunity Act (WIOA) Youth Program provides comprehensive career & educational planning, including paid work-experience/internships, GED or high school completion, dollars for training, work readiness, job search assistance, and post-secondary education preparation. 178 Number of youth served by WIOA in August 2022 Youth Centers 9 RFI Details EHSD is administering the development and operations of at least two Youth Centers to be established in East and Central County. A Request for Interest (RFI) was issued seeking qualified contractor(s) to lead the planning process. •Project management and public engagement •Steering committee formation, survey instruments, interviews, focus groups, and public engagement workshops to solicit input from local communities •Deliver a youth-centered program design, implementation plan and proposed budget for each youth center •The deadline to submit proposals was September 20, 2022 •Two (2) bids received RECOMMENDATION(S): APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Unpaid Student Training Agreement #22-642-2 with San Jose State University, an educational institution, to provide supervised field instruction in the County’s Public Health Division to non-clinical public health students, for the period from October 1, 2022 through August 31, 2025. FISCAL IMPACT: This is a non-financial agreement. BACKGROUND: The purpose of this agreement is to provide San Jose State University, non-clinical public health students with the opportunity to integrate academic knowledge with applied skills at progressively higher levels of performance and responsibility. Supervised fieldwork experience for students is considered to be an integral part of both educational and professional preparation. The Health Services Department can provide the requisite field education, while at the same time, benefiting from the students’ services to patients. Under Unpaid Student Training Agreement #22-642-2 will allow San Jose State University non-clinical public health students to receive supervised fieldwork instruction experience, in the County’s Public Health Division, through August 31, 2025. CONSEQUENCE OF NEGATIVE ACTION: If this agreement is not approved, the students will not receive supervised fieldwork instruction experience in the County’s Public Health Division. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Ori Tzvieli, M.D., 925-608-5267 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: A Floyd , marcy.wilham C. 53 To:Board of Supervisors From:Anna Roth, Health Services Director Date:October 18, 2022 Contra Costa County Subject:Unpaid Student Training Agreement #22-642-2 with San Jose State University ATTACHMENTS RECOMMENDATION(S): APPROVE and AUTHORIZE the Auditor-Controller to issue a refund of overpayment of documentary transfer tax totaling $3,173.50 to parties as specified below. FISCAL IMPACT: The recommendation will result in a reduction of $3,173.50 to the County General Fund: $2,018.50 is from the 2021-2022 fiscal year and $1,155.00 is from the 2022-2023 fiscal year. BACKGROUND: The County Clerk-Recorder collected overpayment of documentary transfer tax that the customer erroneously stated in the amounts listed below: eRecording Partners Network DOC 2022-0085976 400 Second Avenue South $2,018.50 Minneapolis, MN 55401 eRecording Partners Network DOC 2022-0110378 400 Second Avenue South $715.00 Minneapolis, MN 55401 eRecording Partners Network DOC 2022-0130508 400 Second Avenue South $440.00 Minneapolis, MN 55401 CONSEQUENCE OF NEGATIVE ACTION: Failure to reimburse the parties would cause them to pay more than legally required for documentary transfer tax. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 10/18/2022 APPROVED AS RECOMMENDED OTHER Clerks Notes: VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Candace Andersen, District II Supervisor Diane Burgis, District III Supervisor Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Joseph Barton, 925-335-7928 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: October 18, 2022 Monica Nino, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: C. 54 To:Board of Supervisors From:Deborah R. Cooper, Clerk-Recorder Date:October 18, 2022 Contra Costa County Subject:Refund Overpayment of Documentary Transfer Tax